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HomeMy WebLinkAboutpc_10 30 2008sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD OCTOBER 30, 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 J. T. Ferstl Lucas Hargraves Obray Nunnley, Jr. Troy Laha Jeff Yates Jerry Meyer William Rector Darrin Williams Chauncey Taylor Members Absent: One Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the September 18, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA OCTOBER 30, 2008 OLD BUSINESS: Item Number: File Number: Title: A. S-1544-A Ventana Ridge Revised Preliminary Plat, located on the South side of Lawson Road, approximately 1 mile West of the David O Dodd Intersection. B. S-289-B Brimer Subdivision Preliminary Plat, located on Mabelvale Cut-off, North of Brimer Road. C. S-867- EEEEEEE Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. D. Z-4807-J Lot 3, Tract 94 Chenal Valley Long-form PCD, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. E. Z-4807-K Lot 2, Tract 94 Chenal Valley Long-form PD-R, located on the Southwest corner of LaGrande Drive and Rahling Road Extension. F. LU08-11-02A A Land Use Plan Amendment in the I-430 Planning District located on the southwest corner of Kanis and Shackleford Roads from Community Shopping to Office and Commercial. F.1. LU08-11-02B A Land Use Plan Amendment in the I-430 Planning District located at the southeast corner of Kanis and Shackleford Roads from Office to Commercial. F.2. Z-4565-A Kanis/Shackleford Lot 2 Short-form PCD, located just West of Kaufman Road in the 10700 Block of Kanis Road. G. LU08-04-02A A Land Use Plan Amendment in the Heights Hillcrest Planning District located near Kavanaugh Boulevard and Hillcrest Road from Single Family and Multi Family to Public Institutional. Agenda, Page Two OLD BUSINESS: (CONTINUED) Item Number: File Number: Title: G.1. LU08-04-02B A Land Use Plan Amendment in the Heights Hillcrest Planning District located near Kavanaugh Boulevard between J and I Streets from Low Density Residential to Multi Family. G.2. Z-6883-A Harp’s Quadplex Short-form PD-R, located at 5212 I Street. H. LU08-29-01 A Land Use Plan Amendment in the Barrett Planning District located at the north side of Highway 10 near Morgan Cemetery Road from Transition to Mixed Office Commercial. H.1. Z-7948-B Morgan Lot 2 Short-form POD, located on the Northwest corner of Cantrell Road and Morgan Cemetery Road. I. LU08-09-02 A Land Use Plan Amendment in the I-630 Planning District located in the 3600 Block of West 11th Street from Single Family to Mixed Use. I.1. Z-8367 BCD Empowerment Center Short-form POD, located at 3604 West 12th Street. J. Z-8385 2105 South Taylor Street Short-form PD-R, located at 2105 South Taylor Street. K. Z-4213-J The Look Out at Colonel Glenn Long-form PCD, located on the Northwest corner of Colonel Glenn Road and Lawson Road. L. Z-8386 Tract 2 Asbury Acres Short-form PD-R, located in the 800 Block of Kirby Road. Agenda, Page Three NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number: Title: 1. S-867-FFFFFFF Chenal Valley Tract 1 Revised Preliminary Plat, located on the Northeast corner of Rahling Road and Chenal Parkway. 2. S-1622 Skyhawk Circle Preliminary Plat, located at 4500 Skyhawk Circle. 3. S-1623 Las Brisasa Addition Preliminary Plat, located on the East side of Chicot Road between Hillsboro and Bunch Roads. 4. S-1624 Chicot NWA Preliminary Plat, located on the Southeast corner of Chicot Road and Mabelvale Cut-off Road. II. SITE PLAN REVIEW: Item Number: File Number: Title: 5. S-1575-A Broadway Subdivision Site Plan Review, located at 3315 West Roosevelt Road. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 6. Z-6640-A Bailey Revised Short-form POD, located at 1723 North University Avenue. 7. Z-8398 Hair N’ Motion Short-form PCD, located South of West 46th Street between John Barrow Road and Ludwig Street. 8. Z-8399 Curtis Short-form PD-R, located at 1221 Louisiana Street. 9. LU08-08-02 A Land Use Plan amendment in the Central City Planning District at the northeast corner of Summit and 19th Streets a change in classification from Single Family to Mixed Use. 9.1. Z-8400 The House of Vision Short-form PD-O, located at 1869 South Summit Street. Agenda, Page Four III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 10. Z-8401 Ensminger Short-form PD-R, located on the Southeast corner of Grandview Avenue and Pierce Street. 11. LU08-08-03 A Land Use Plan amendment in the Central City Planning District at the intersection of Dennison and 12th Streets a change in classification from Single Family to Mixed Use. 11.1. Z-8403 Glason Short-form POD, located on the Northeast and Southeast corners of West 12th Street and Dennison Street. 12. Z-8404 The Dog House Short-form PCD, located at 2619 Kavanaugh Boulevard. 13. LU08-04-03 A Land Use Plan amendment in the Heights Hillcrest Planning District at Walnut and "A" Streets a change in classification from Low Density Residential to Office. 13.1. Z-8405 Arvest Bank Short-form POD, located on the Northwest corner of West Markham Street and Walnut Street. 14. Z-8406 Kitchens Clinic Short-form POD, located at 14104 Taylor Loop Road. 15. Z-8407 Dowler Properties Short-form PCD, located at 4201 Baseline Road. 16. Z-8408 Marylane Apartments Short-form PD-R, located at 2101 Kavanaugh Boulevard. 17. Z-7787-A Skyhawk Circle Long-form PD-C Revocation, located at 4500 Skyhawk Circle. IV. OTHER BUSINESS: Item Number: File Number: Title: 18. LA-0022 Saddle Creek Phase 2 Land Alteration Variance Request, located North of Cantrell Road and East of Ranch Boulevard. 19. Adoption of the 2009 Planning Commission Calendar October 30, 2008 ITEM NO.: A FILE NO.: S-1544-A NAME: Ventana Ridge Revised Preliminary Plat LOCATION: Located on the South side of Lawson Road, approximately 1 mile West of the David O Dodd Intersection DEVELOPER: Emprise, LLC 1 Sunset Lake Drive Little Rock, AR 72210 ENGINEER: Civil Design, Inc. 16623 Cantrell Road, Suite 2C Little Rock, AR 72223 AREA: 212 acres NUMBER OF LOTS: 44 FT. NEW STREET: 10,657 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 21 – Burlingame Valley CENSUS TRACT: 42.02 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Master Street Plan to allow the construction of the proposed Collector Street to County Collector Street standard which includes the allowance of a variance for a maximum road grade for a collector street to 15 percent in-lieu of the 12 percent allowed by the City’s Master Street Plan. BACKGROUND: On October 26, 2006, the Little Rock Planning Commission approved a preliminary plat to develop this 212 acres into 161 single-family lots with an average lot size of one acre and a minimum lot size of 0.3 acres. An area along Lawson Road was indicated in two tracts (Tract 1, 2.9 acres and Tract 2, 5.9 acres) for future development. The development was proposed in three phases; Lots 1 – 131 in the first phase, Lots 132 – 161 in the second phase and the third phase was identified on the proposed plat without a development plan. According to the applicant, once development plans were secured, a revised preliminary plat would be sought for approval for the proposed lot configuration. A total of 17,700 linear feet of new public street was proposed, constructed to Master Street Plan standard. The applicant proposed annexation to the City of October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 2 Little Rock to receive sanitary sewer service. The annexation has not been approved and the applicant’s property remains in Pulaski County. A. PROPOSAL/REQUEST: The applicant is now proposing to subdivide this 212 acre tract of residentially zoned property into forty-four (44) estate style residential lots. The subdivision is proposed in four (4) phases. The lots will be developed utilizing Central Arkansas Water and individual disposal permits by each of the lot owners. All the lots are indicated in excess of three acres, which exempts them from pre-approval perk testing by the Health Department. The streets will be developed utilizing County Master Road Plan standards, which will allow Ventana Ridge Drive to develop without curb, gutter and sidewalk and utilizing open ditches for drainage. The subdivision is proposed with platted building lines per the typical ordinance standards. B. EXISTING CONDITIONS: The site is located south of Lawson Road outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. There are single-family homes located in the area along Lawson Road. McHenry Creek is located along the plat’s northern boundary. The site is located adjacent to the City limits along the southeastern portion of the proposed plat area. The Plantation Acres subdivision is located along the southwestern portion of the proposed plat area. The site is wooded with varying degrees of topography. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site along with Southwest United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Street centerline horizontal and vertical alignments must meet the Master Street Plan standards. The maximum centerline grade for collector streets is 12%, the maximum centerline grade for residential streets is 15%, and the maximum centerline grade for minor residential streets is 16%. Ventana Ridge Drive (future collector) should have October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 3 superelevated curves per AASHTO standards and be constructed per the Master Street Plan standards for a local-residential street with open ditches. This type street has a 68 foot wide right-of-way; 24 feet of pavement; and 6 foot paved shoulders. Contact Bill Henry of Traffic Engineering at 379-1816 for additional information. 3. Submit a letter certified by a Professional Engineer registered in the State of Arkansas stating that all streets will provide the required intersection sight distance. Analysis must be done in accordance with the 2004 Edition of the AASHTO Green Book. Avoid planting trees or shrubs in line of sight that may cause sight obstruction. 4. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 5. The residential streets must be constructed per the Pulaski County road standards. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Lawson Road including 5-foot sidewalks with the planned development. Lawson Road should be constructed with the back of curb placed 29.5 feet from centerline and the back of the sidewalk placed on the property line. 8. Floodplain exists in the proposed subdivision. Contact Pulaski County Planning Department for requirements pertaining to construction in the floodplain. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the current service boundary of the City of Little Rock. Provide the means of wastewater disposal and a certification from the appropriate agency concerning the proposed method of treatment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Water main extensions will be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: The plat will also be reviewed by the Pulaski County Planning Board. 1. Show abutting property owners. 2. Place note on the plat and in the Bill of Assurance describing the purpose of Tract 1, Phase 1. 3. Provide drainage plan (showing drainage on and off the property) and provide a street plan and centerline profile. 4. Change the street name for West Ridge Road as it conflicts with an existing County road. 5. Provide a note in the Bill of Assurance limiting access on Lot 13, Phase 1. 6. Provide proof of fire protection. 7. Label Lots 13, 14, and 15 on Phase 1, Plate 1. 8. Show floodway, put notes and place the correct minimum floor elevation information on the plat. 9. Show Plate 2 on the vicinity map. 10. Build and dedicate Ventana Ridge flush with the south property line. Show contour index. 11. Verify site distance at all intersections. 12. Show details and provide No Adverse Impact on development in the floodway. 13. Maximum grade on a collector (Ventana Ridge) is 15%. 14. Radius on the collector is short of the 300 feet required. 15. Correct the spelling of the surveyor’s name in the plat notes. 16. The pond should be removed from the public R-O-W (Lot 10). October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 5 17. Place note on the plat and in the Bill of Assurance limiting access to one street per lot. 18. This project as designed is a health, safety and welfare issue because its only means of ingress and egress crosses a floodway. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. James Dreher was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the zoning classification within the plat boundary and of abutting properties. Staff also questioned if variances were being requested to allow the street grades as indicated. Mr. James Dreher stated the grades indicated were County standards and questioned if a variance was necessary. Staff noted the City’s Master Street Plan did not allow the grades indicated and a variance would be required to allow the street to develop as indicated. Public Works comments were addressed. Staff stated Lawson Road would require dedication and street construction per the Master Street Plan. Staff also stated there was concern with sight distances at intersections within the proposed plat boundary. Staff requested Mr. Dreher provide a Sight Distance Certification per AASHTO standard. Staff noted streetlights would be required. Mr. Dreher stated provisions would be made per Section 31-403(c)(1) of the Little Rock Code of Ordinances. This section requires the developer provide facilities that will enable standard lighting design to be installed at some future date, at no additional cost. The facilities are to include power service to the point of placement of poles and fixtures. Easements are required to allow the future lighting plan. Staff stated they were supportive of allowing the rural subdivision to develop utilizing County standards for street design. October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 6 Mr. Dreher stated he had contacted the State Health Department and in their opinion lots in excess of three (3) acres were not considered a subdivision. He stated the individual perk test and sanitary sewer disposal placement would be the responsibility of the individual lot owners. Pulaski County comments were addressed. Staff stated Ventana Ridge was to be constructed flush with the southern property line. Staff also stated they were concerned with only one access to the subdivision and that access being located across a floodway. Staff stated they felt this could become a health, safety and welfare issue if a disaster occurred. Staff stated there was a possibility of the only access being blocked and washed out by a flood and this would not allow any access for emergency personnel. Mr. Dreher stated he would meet with the County and discuss options to allow for the development of the subdivision and address staff’s concerns related to the access. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Dreher submitted a revised preliminary plat addressing a number of the issues raised at the July 17, 2008, Subdivision Committee meeting. The applicant has provided the zoning classification within the plat boundary and of the abutting properties and requested a variance from the Master Street Plan to allow the collector street to be constructed to County Master Road Plan standards. The plat indicates Ventana Ridge has been designed to follow the ridge and if the plat is changed to allow a 90-degree angle with the property line grades become an issue. The applicant has indicated the road will be constructed flush with the south property line, but will not be realigned to be at a 90-degree angle with the property line. A total of 10,657 liner feet of new public street is proposed within the subdivision. Staff is supportive of the design as proposed. The development is proposed with forty-four (44) estate style residential lots created from this 212 acre tract. The subdivision is proposed in four (4) phases. Lots 1 – 18 will be developed in the first phase. The second phase is proposed with the development of ten additional lots, Lots 19 - 28. Phase 3 includes Lots 29 – 35. The final phase is proposed with the development of Lots 36 – 44. The lots will be developed utilizing Central Arkansas Water and individual disposal permits by each of the lot owners. October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 7 All the lots are indicated in excess of three acres, which exempts them from pre-approval perk testing by the Health Department. According to the State Health Department lots in excess of three acres are not considered a subdivision therefore do not require pre-approval of septic systems. The streets will be developed utilizing County Master Road Plan standards and a design standard per the City’s Master Street plan which will allow the streets to develop without curb, gutter and sidewalk and utilizing open ditches for drainage. Ventana Ridge will be constructed per the City’s Local – Industrial Street standard with open ditches. This design requires a 68 foot right of way. Contained within the right of way is 28 feet of paving, six foot paved shoulder, four foot green shoulder, ditch and a ten foot utility easement. The street is proposed constructed to County Master Road Plan standards which allows a 15 percent grade in-lieu of the typical 12 percent grade allowed by the City’s Master Street Plan. The remainder of the streets will be constructed per the Master Street Plan for local residential streets with open drainage. The residential streets require the placement of a 68-foot right of way. Contained within the right of way is a 24 foot paved surface, six foot paved shoulder, six-foot drainage ditch and a ten foot utility easement per the City’s standard. The subdivision is proposed with platted building lines per the typical ordinance standards. The building line proposed along Lawson Road is 35-feet. The building line proposed along the collector street, Ventana Ridge is 30 feet and the building line proposed along the residential streets is 25-feet. The County has indicated a conditional support for allowing the single access to the development. According to Pulaski County Department of Planning the applicant is required to secure a letter of map revision from the Corp of Engineers removing the proposed street entrance from the floodway. Staff is supportive of the request. The development is proposed with lot sizes ranging from 3.01 acres to in excess of 5.0 acres. The average lot size proposed is 4.42 acres. The development is proposed with a density of 0.2 units per acre. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the subdivision with estate type lots should not adversely impact on the area. October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 8 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Master Street Plan to allow an increased street grade for the proposed collector street. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 31, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. October 30, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1544-A 9 STAFF UPDATE: The applicant submitted the requested additional information to the County for review and approval. Staff continues to support the request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff stated the applicant was required to address all of Pulaski County Planning staff’s comments prior to beginning construction. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: B FILE NO.: S-289-B NAME: Brimer Subdivision Preliminary Plat LOCATION: Located on Mabelvale Cut-off, North of Brimer Road DEVELOPER: Mystery Properties Inc. P.O. Box 56403 Little Rock, AR 72215 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 1.65 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 VARIANCES/WAIVERS REQUESTED: A variance request to allow a reduced lot depth for Lot 1 (Section 31-232(a)). BACKGROUND: On July 13, 1982, the Planning Commission approved a two-lot plat (and a CUP for a Church on Lot A) for the Light House Baptist Temple Lots A and B. The plat was final platted and recorded December 1, 1982. The current proposal includes the land area of Lot A, which has not developed. (Lot B was replatted into Courtney Subdivision.) On February 20, 2003, the Little Rock Planning Commission approved an eight lot preliminary plat for this site. The lots had street frontage on Mabelvale Cut-off and Brimer Road. The lots averaged 7,020 square feet and a 35-foot platted building line was located adjacent to Mabelvale Cut-off with a 25-foot platted building line adjacent to Brimer Road as required by the Subdivision Ordinance. October 30, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-289-B 2 Section 31-94(e) states a preliminary plat approved by the Planning Commission shall be effective and binding upon the Commission for two years from the date of approval or as long as work is actively progressing at the end of which time the final plat application for the subdivision must have been submitted to the planning staff. Any plat not receiving final approval within the period of time set forth herein or otherwise conforming to the requirements of the Subdivision Ordinance shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and the Subdivision Ordinance. The time period for approval of the previously approved preliminary plat has expired and the applicant did not request a time extension as set forth by the Subdivision Ordinance. A. PROPOSAL/REQUEST: The previously approved preliminary plat has expired and the applicant desires to re-establish the plat with the exact lot configuration as was approved on February 20, 2003. The plat will contain eight lots with three lots fronting Mabelvale Cut-off and five lots fronting Brimer Road. The preliminary plat indicates the placement of a 35-foot platted building line along Mabelvale Cut-off and a 25-foot platted building line along Brimer Road. The average lot size proposed is 7,020 square feet. The plat is indicated with a variance from the Subdivision Ordinance to allow a reduced lot depth for proposed Lot 1. The lot depth proposed along the western perimeter is 44 feet, which is less than the typically required 100 feet. B. EXISTING CONDITIONS: The site is vacant with a scattering of trees. Brimer Road is a narrow unimproved (no sidewalk) roadway with open ditches for drainage. Mabelvale Cut-off has been completed to Master Street Standard for a minor arterial through a public project. There are single-family residences located in the immediate area with the homes south of Mabelvale Cut-off being on large lots. The homes north of Mabelvale Cut-off, in the Woodbridge Subdivision, are located on similar sized lots as the lots proposed. There is a relatively new single-family home located immediately west of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call in opposition of the request. All abutting property owners of the site along with Southwest United for Progress and the Legion Hut Neighborhood Association were notified of the Public Hearing. October 30, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-289-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Mabelvale Cutoff is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to Brimer Road including 5-foot sidewalks with the planned development. The new back of curb should be located 13 feet from the centerline. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for Lots 1, 2 and 3. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. October 30, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-289-B 4 AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the location of water meter(s). A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Contact Central Arkansas Water for additional information. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #17, Mabelvale-Downtown and #17A, Mabelvale-UALR. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Pat McGetrick, McGetrick and McGetrick Engineers, was present representing the application. Staff gave an overview of the proposed development to the Subdivision Committee indicating there were additional items necessary on the proposed preliminary plat. Staff requested Mr. McGetrick provide the source of title in the general notes section of the preliminary plat. Staff stated there were previously concerns with three driveway locations onto Mabelvale Cut-off. Staff stated the previous approval limited the approval to two driveway locations. Lots 2 and 3 shared a driveway on the lot line and Lot 1’s driveway was to be located as far as feasible away from this break as possible. Staff stated the driveway locations had been identified on the proposed preliminary plat. Staff stated there were previously concerns of the buildability of Lot 1. Staff stated the proposed plat indicated the buildable area of Lot 1. Staff noted comments from Central Arkansas Water and Little Rock Wastewater requesting Mr. McGetrick contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. October 30, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-289-B 5 H. ANALYSIS: The applicant submitted a revised preliminary plat to Staff addressing most of the issues raised by staff and the Subdivision Committee. The applicant has indicated in the General Notes section the source of title of the landowner. The applicant has indicated on the preliminary plat the proposed dedication of right-of-way to both streets, Brimer Road and Mabelvale Cut-off, and indicated street improvements will be made to Brimer Road. The proposed lots meet the minimum requirements of the Subdivision Ordinance, being greater than 60-feet in width and more than 7,000 square feet in area, as required for R-2, Single-family zoning. There is a variance to allow a reduced lot depth for Lot 1. The ordinance typically requires a minimum lot depth of 100-feet. The lot is proposed with a lot depth along the western perimeter of 44 feet. The applicant has provided staff with a building envelope indicating the buildability of Lot 1 with a new residence. Staff feels the building envelope is adequate for new construction without requiring setback variances at the time of development. Staff is supportive of the proposed preliminary plat. Although, the lots are somewhat smaller than the land area of homes located around the site, the lots average 7,020 square feet comparable to the lots to the north of the site in the Woodbridge Subdivision. Although there is a variance to allow a reduced lot depth for Lot 1 staff does not feel the variance significantly impacts the developability of the lot. The applicant has indicated the buildable area for Lot 1 and in that area it appears that a 1,800 – 2,000 single-story home could be constructed. To Staff’s knowledge, there are no outstanding issues associated with the proposed preliminary plat. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow the creation of Lot 1 with less than the typically required lot depth of 100-feet. October 30, 2008 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-289-B 6 PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: There were no affidavits filed for this request to allow anyone to act as agent for the request and staff has been unable to contact the owner to move this item forward or to secure authorization for the engineer to act as the owner’s agent. Staff recommends this item be withdrawn without prejudice. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating there were no affidavits filed for the request to allow anyone to act as agent and staff had been unable to contact the owner to move the item forward or to secure authorization for the engineer to act as the owner’s agent. Staff presented a recommendation of withdrawn of the item without prejudice. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for withdrawal as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: C FILE NO.: S-867-EEEEEEE NAME: Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Richland/Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 22.7 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 PLANNING DISTRICT: 19 – Chenal Planning District CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. October 30, 2008 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: S-867-EEEEEEE 2 STAFF UPDATE: The applicant submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant submitted a request dated October 13, 2008, requesting withdrawal of this item. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated October 13, 2008, requesting withdrawal of the item. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for withdrawal as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: D FILE NO.: Z-4807-J NAME: Lot 3, Tract 94 Chenal Valley Long-form PCD LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.38 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-18 ALLOWED USES: Multi-family 18 units per acre PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District and O-3, General Office District VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. October 30, 2008 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-4807-J 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant submitted a request dated October 13, 2008, requesting withdrawal of this item. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated October 13, 2008, requesting withdrawal of the item. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for withdrawal as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: E FILE NO.: Z-4807-K NAME: Lot 2, Tract 94 Chenal Valley Long-form PD-R LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road Extension DEVELOPER: Richland/Deltic Timber Company 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.02 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD, R-2, Single-family and MF-24 ALLOWED USES: Office, Single-family and Multi-family up to 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 13.97 units per acre VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 17, 2008, requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated they were supportive of the deferral request. October 30, 2008 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-4807-K 2 There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 9, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant submitted a request dated October 13, 2008, requesting withdrawal of this item. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated October 13, 2008, requesting withdrawal of the item. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for withdrawal as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: F FILE NO.: LU08-11-02A Name: Land Use Plan Amendment - I-430 Planning District Location: The southwest corner of Kanis and Shackleford Roads Request: Community Shopping to Office and Commercial Source: Staff PROPOSAL / REQUEST: Prompted by the Land Use Amendment request at the southeast corner of Kanis and Shackleford, the Planning Staff expanded the area of review to include the area at the southwest corner of this same intersection. Staff is now proposing a Land Use Plan amendment in the I-430 Planning District from Office to Commercial. This site did not develop as Community Shopping. The Office and Commercial categories would better represent the services that are now being provided at this site. The applicant has requested the related zoning and land use items be deferred until the October 30, 2008 meeting. Staff is supportive of this request and recommends this item for deferral until that time. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: EXISTING LAND USE AND ZONING: This area is currently zoned C-2, O-3, C-3 and PCD Planned Commercial Development. It is currently occupied by a convenience store with gas pumps, a new shopping center fronting Kanis, a Lexus car dealership, and a large office complex. North of this application is zoned Open Space to buffer the commercial uses from the R-2, O-1, and O-3 uses along Kanis Road. South and west of this amendment is zoned O-3 General Office for a large office park complex. East of the amendment is zoned O-2 for two hotels, a hospital, two banks and a nonconforming restaurant. October 30, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: LU08-11-02A 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area has been shown on the Land Use Plan as Community Shopping since Ordinance 17,951 was approved in March 1999. This amendment was the result of an overall study along the Kanis Corridor from Shackleford to Chenal Parkway. South is shown as Suburban Office, west is shown as Office, north is shown as Park/Open Space and Office, and east is shown as Office. MASTER STREET PLAN: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets since they are Minor Arterials. These streets may require dedication of right-of- way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes shown in this immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a city park or open space. A strip of Open Space is zoned along the northern boundary of this amendment. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the John Barrow Neighborhood Plan. Their Business and Commercial Goal states: “To enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” October 30, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: LU08-11-02A 3 ANALYSIS: This application was initiated by City Planning Staff as a direct result of LU08-11-02 being filed for the southeast corner of Shackleford and Kanis Roads in an effort to update the Future Land Use Plan for the area. The two amendments to the plan in this application are considered by Staff to be a ‘clean up’ of the plan to recognize existing conditions. Staff reviewed the surrounding area and feels this area should be amended to Commercial and Office on the plan to represent the existing and probable future uses. The southwest corner of Kanis and Shackleford Roads was amended from Mixed Office Commercial to Community Shopping in March of 1999 as part of a large amendment package along the Kanis Corridor. This was changed to Community Shopping to recognize an existing C-2 Shopping Center zone in anticipation of further intensification of this area. This area has since developed into an office park with commercial uses lining Shackleford and Kanis Roads, therefore, this area would be better shown on the Land Use Plan as Commercial on the eastern half which faces Shackleford and as Office along Shackleford West Boulevard where the office park has developed. Over the last several years the Community Shopping area has develop with uses better represented by different Land Use Plan classifications. The western section has developed with an office building and planned hotel. The location of the remaining large undeveloped land, at the Centerview – West Shackleford intersection, makes its future development likely to also be office in nature. A better reflection of the current and future likely uses of the western half of the Community Shopping would be Office. The eastern half of the Community Shopping area, along Shackleford Road has development with some retail and auto replaced commercial uses. The remaining undeveloped land is along Kanis Road and has commercial Land Use and Zoning to the north. A better representation on the Land Use Plan for this land would be Commercial, more closely reflecting the actual and future uses of the land. The 1999 amendment recognized that this area does need some Community Shopping, but the Community Shopping type development has occurred further south along Shackleford. This location would be best represented by Office for the western half, both sides of West Shackleford Road at Centerview; and Commercial along Shackleford Road and at the intersection with Kanis Road. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Sandpiper and John Barrow. Staff has received no comments from area residents. October 30, 2008 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: LU08-11-02A 4 STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The item was placed on the consent agenda for Approval. By a vote of 9 for and 0 against the consent agenda was approved. October 30, 2008 ITEM NO.: F.1 FILE NO.: LU08-11-02B Name: Land Use Plan Amendment - I-430 Planning District Location: The southeast corner of Kanis and Shackleford Roads Request: Office to Commercial Source: Joe White, White-Daters PROPOSAL / REQUEST: The applicant has requested this item be deferred until the October 30, 2008 meeting. Staff is supportive of this request. A Land Use Plan amendment in the I-430 Planning District from Office to Commercial. Commercial represents a broad range of retail and wholesale services. The applicant has filed for a Planned Commercial Development to allow a restaurant use on this site. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area immediately west of the application site. With these changes, the existing commercial site at the southeast corner of Kanis and Shackleford would be amended to recognize existing uses. It is thought that the additional area would make the boundaries more logical. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: A Land Use Plan amendment in the I-430 Planning District from Office to Commercial. Commercial represents a broad range of retail and wholesale services. The applicant has filed for a Planned Commercial Development to allow a restaurant use on this site. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area immediately west of the application site. With these changes, the existing commercial site at the southeast corner of Kanis and Shackleford would be amended to recognize existing uses. It is thought that the additional area would make the boundaries more logical. October 30, 2008 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: LU08-11-02B 2 EXISTING LAND USE AND ZONING: This property is zoned O-2 Office and Institutional District and O-3 General Office District. The western portion of the amendment has a non conforming restaurant use with drive through and the eastern portion of the amendment area is currently vacant and undeveloped. North of this area is also zoned O-3 for a large office complex. South of the amendment is zoned O-2 for two banks, two hotels and a hospital. West of this area is zoned Planned Commercial District for a convenience store with gas pumps, O-3 and C-2 Shopping Center District for a car dealership and lot. The northwest corner of Kanis and Shackleford is zoned C-3 for a hotel. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have been no amendments approved in this area for more than eight years. This area is shown as Office on the Plan. Office is also shown immediately north, east and south of this area. The area west of this amendment is shown as Community Shopping and Suburban Office. MASTER STREET PLAN: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on these streets since they are Minor Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes shown in this immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a city park or open space. A strip of Open Space is zoned along the northern boundary of this amendment. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. October 30, 2008 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: LU08-11-02B 3 CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the John Barrow Neighborhood Plan. Their Commercial Development goal states: “To encourage the development of a sit-down restaurant in the area.” This rezoning would allow the development of a restaurant on this site. ANALYSIS: This area of Little Rock has seen major growth in the last ten years. The land along Shackleford south of I-430 has become a major community shopping center and the neighborhood to the east of I-430 has seen a renewal of interest with the influx of new development and growth. While Hicks Interurban is an older subdivision, the neighborhood has seen 85 single-family building permits issued since 2000 between Aldersgate Road and Junior Deputy Road. The amount of new single family residential adds to the demand for commercial services in the area. Kanis Road has been developing as an office corridor, with medical related offices and clinics. This amendment area is located at the southeast corner of Kanis and Shackleford Roads. This area has been shown on the Land Use Plan as Office for more than ten years, from a time when the City’s Land Use Plan envisioned a suburban office corridor along I-430. The existing restaurant that is located on the western portion of this amendment area has been a nonconforming use in O-2 zoning for almost that long. This amendment would recognize the existing commercial use at this corner and add approximately 1.5 acres of new commercial uses. This amendment area is located at the intersection of two minor arterials. Staff has long held the position that commercial uses are best situated at the intersection of arterials, so this area would be a logical location for more commercial uses. This amendment would only change about 3 acres of Office to Commercial. There is currently almost forty acres of Office shown between Kanis, Shackleford and I-430 and almost one-third of it is still undeveloped. This area has changed drastically over the past ten to twenty years. The once proposed Office Corridor has been lost with changes from Office to other classifications to the south of this application to the Colonel Glenn Road area. The majority of the commercial development in this area has been and is proposed to be regional in nature (i.e. hotels, car dealerships). The availability of local commercial to serve the immediate neighborhoods is lacking. This amendment area is covered by the John Barrow Neighborhood Action Plan and October 30, 2008 SUBDIVISION ITEM NO.: F.1 (Cont.) FILE NO.: LU08-11-02B 4 it states a need for more local commercial uses including a sit down restaurant. With this change, a small to medium commercial node is now proposed to service the larger surrounding office areas as well as the surrounding neighborhoods. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Sandpiper and John Barrow. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Walter Malone, Planning Staff reviewed the history of the Office designation along I-430 of which this is a part. Mr. Malone reviewed the use pattern in the surrounding area and indicated that this would be support commercial for the office that surrounds the site. Ms. Donna James reviewed the related Planned Zoning District application, see item Z-4565-A for a full minute record. A motion was made to defer the Land Use Plan amendment to December 18, 2008, by a vote of 5 for and 4 against the item was deferred. October 30, 2008 ITEM NO.: F.2 FILE NO.: Z-4565-A NAME: Kanis/Shackleford Lot 2 Short-form PCD LOCATION: Located just West of Kaufman Road in the 10700 Block of Kanis Road DEVELOPER: Taco Bueno Restaurants, LP 1605 LBJ Freeway, Suite 800 Farmers Branch, TX 75234 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 TOTAL AREA: 1.63 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF AREA PROPOSED FOR REZONING: 0.88 CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: Restaurant with drive-through service VARIANCES/WAIVERS REQUESTED: 1. A five year deferral of the required addition of a left turn lane on Kanis Road. 2. A variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. 3. A variance from the minimum driveway spacing requirement for drives located on an arterial. A. PROPOSAL/REQUEST: The applicant proposes to subdivide this 1.63 acre lot into two (2) lots and to rezone one of the lots from O-3 to PCD. The property is located at the southeast October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 2 corner of Kanis and Shackleford Roads just east of “Mamma Bea’s Big Burger” restaurant. The developer is proposing a restaurant with drive-through service adjacent to the existing restaurant. A variance of the driveway spacing requirement to allow a “right out” only driveway on Kains Road is being requested. The drive is necessary to allow traffic coming from the drive-thru to exit east without circling back through the parking area. The restaurant is proposed to contain 2,900 square feet with 36 parking spaces. The site contains 22,050 square feet of paved area and 13,607 square feet of landscape area. Access to the site will be via an existing drive, a cross access easement, shared with Bancorp South Bank. The restaurant hours of operation are proposed Sunday through Thursday from 10:00 am to midnight and on Friday and Saturday from 10:00 am to 1:00 am. The hours of dumpster service have been limited to 6:00 am to 10:00 pm seven days per week. A single pylon sign is proposed along Kanis Road. The sign is proposed consistent with signage allowed in commercial zones or a maximum of 36-feet in height and 160 square feet in area. Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade facing the public street. Directional signage will comply with directional signage allowed in commercial zones. The request includes a deferral of the required street construction to add a left turn lane to Kanis Road for a period of five years or until adjacent development occurs, whichever occurs first. The request also includes a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Access to the lot will be from a drive extending from the common access easement located along the western property line. B. EXISTING CONDITIONS: Kanis Road adjacent to the site has been constructed to Master Street Plan standard. The sidewalk is in place along the property frontage. The site is tree covered with a single-family residence located to the east of the site fronting Kaufman Road. There are other single-family homes located along Kaufman Road. There are a number of zoning classifications within the area. This site is zoned O-3, General Office District as is the Bancorp South Bank property. The property to the west, Mamma Bea’s Big Burger is zoned O-2, Office and Institutional District as is property located to the south, fronting South Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, O-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 3 which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. North of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the John Barrow and Sandpiper Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. An additional 10 feet of right-of-way, measured from the centerline of the right-of- way, for a future right turn lane should be dedicated. The additional 10 feet of right-of-way shall be measured 250 feet in length from the intersecting right- of-way. The western portion of this particular property shows to be within 250 feet of the intersecting right-of-way of Shackleford Road. 2. With site development, provide the design of street conforming to the Master Street Plan. An lieu contribution should be made for one half street improvements on Kanis Road for future dual left turn lanes with the planned development. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. Provide proposed elevations for the top and bottom of the proposed retaining wall. If wall height is greater than 15 feet a variance must be requested from the Land Alteration Regulations. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 4 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. 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, they will be installed at the Developer's expense. Plans must be made to provide water service to Lot 2. Contact Central Arkansas Water for additional information. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located CATA Bus Route # 3, Baptist Medical Center. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from O-3, General Office District to Planned Commercial Development. A Land Use Plan amendment is a separate item on this agenda (LU08-11-02) a change from Office to Commercial. Master Street Plan: Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 5 effects of traffic and pedestrians on these streets since they are Minor Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in this immediate vicinity. Neighborhood Action Plan: This area is covered by the John Barrow Neighborhood Plan. Their Commercial Development goal states: “To encourage the development of a sit-down restaurant in the area.” This rezoning would allow the development of a new restaurant with sit-down dining on this site. Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires an average street buffer of twelve feet (12’) and in no case less than nine feet (9’). 3. A land use buffer averaging 11.95 feet is required along the sites eastern perimeter. Seventy percent of this area is to remain undisturbed. Utility easements cannot count towards fulfilling the land use buffer requirement. A buffer variance must be approved by the Commission to allow the buffer to remain as indicated. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Joe White of White-Daters and Associates was present. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff also requested the developer provide the total height of the retaining wall, details for proposed building signage and the dumpster hours of service. Public Works comments were addressed. Staff stated a right of way dedication was required for Kanis Road. Staff also stated the drive located on the eastern portion of the site did not comply with the typical ordinance standards for driveway spacing. Staff stated the storm water detention ordinance would apply to the development of the site. Staff stated a grading permit would be required prior to any land clearing or grading activities on the site. October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 6 Landscaping comments were addressed. Staff stated the eastern land use buffer was indicated entirely within a utility easement. Staff stated the utility easement could not count in fulfilling the land use buffer requirements. Staff stated the street buffer was not indicated adequate to meet the typical ordinance standards. Staff stated a twelve foot average landscape strip was required along Kanis Road. Staff stated in no case could the street buffer be less than nine feet. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided the total height of the retaining wall, details for proposed building signage and the dumpster hours of service. The retaining wall will not exceed 15 feet in height. The revised plan also indicates the drive on Kanis Road as a right out only drive. Staff is supportive of the driveway configuration. The site is proposed with a 2,900 square foot building and 33 parking spaces. The building is proposed as an eating place with drive through service. The hours of operation are from 10:00 am to midnight Sunday through Thursday and from 10:00 am to 1:00 pm on Friday and Saturday. The dumpster hours of service have not been identified. Staff recommends the hours of service be limited to daylight hours while residential uses remain in the area. The request includes a replat of Lot 2 Kanis/Shackleford Subdivision. The replat would allow the creation of two lots. Lot 2A will contain 0.88 acres and is proposed for rezoning from O-3, General Office District to PCD. Lot 2B will containing 0.75 acre and will remain zoned O-3, General Office District. Lot 2B will require a variance from the Subdivision Ordinance to allow a lot to be created as a lot without public street frontage. The building is proposed as a single story building with a maximum building height of 35 feet. The specifics of the development include 7.5 percent of building coverage, 56.6 percent of paved area and 35.8 percent landscape area. A single dumpster location has been identified on the plan. A note on the site plan indicates the dumpster will be screened per the typical ordinance requirements for dumpster screening. The site plan indicates a 15 foot landscape buffer strip along the eastern perimeter of the site. The entirety of the landscape buffer strip is located within a sanitary sewer easement. The applicant has also indicated the buffer area will be entirely disturbed. The buffer ordinance states a minimum of 70 percent of the land use buffer must be left undisturbed. The ordinance also states right of way and any utility easements can not count in computing the depth or area of the land use buffer. October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 7 Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade area abutting a public right of way. A single ground mounted monument sign is proposed within the front yard area. The sign is proposed with a maximum sign height of 36 feet and a maximum sign area of 160 square feet. The plan includes a 2,900 square foot restaurant building and 33 parking spaces. For a restaurant development, the ordinance typically requires the placement of one parking space per 100 gross square feet of building area. Parking to serve the restaurant use would typically require 29 parking spaces. The parking indicated is adequate to serve the use. Staff is supportive of the request and the associated variances. The site is located along an arterial street and the area includes a mixture of commercial and office uses. Staff feels the rezoning of the property to allow a restaurant use is appropriate for this site. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the dumpster service hours be limited to daylight hours as long as there is adjacent residential uses. Staff recommends approval of the variance request to allow a reduced buffer along the eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff recommends approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Staff recommends approval of the variance from the minimum driveway spacing criteria for the right out drive located on Kanis Road. Staff recommends approval of the deferral request for the required street improvements for the addition of a left turn lane on Kanis Road for five years or until adjacent development occurs, whichever occurs first. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 28, October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 8 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the dumpster service hours be limited to daylight hours as long as there was adjacent residential uses. Staff also presented a recommendation of approval of the variance request to allow a reduced buffer along the eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff presented a recommendation of approval of the variance request from the Subdivision Ordinance to allow the creation of a lot without public street frontage. Staff presented a recommendation of approval of the variance from the minimum driveway spacing criteria for the right out drive located on Kanis Road and the deferral request for the required street improvements for the addition of a left turn lane on Kanis Road for five years or until adjacent development occurred, whichever occurred first. Mr. Joe White of White Daters, Mr. Tom Cole of David Jones Company and Ms. Melanie Gibson of Collier International were present representing the request. Mr. White stated the request was to allow the development of the site with a sit-down restaurant which had a drive-through pick up window. He stated the buffer area was previously cleared for the installation of the sewer line. He stated the applicants would replant the area as required by the ordinance. Mr. Bill Waddell of the Arkansas Farm Bureau Federation was present in opposition of the request. He stated the Federation had a number of concerns most related to traffic. He stated the Federation sold the property to Bank Corp South a number of years ago with the understanding the site would be used as an office use. He stated Farm Bureau had been at this location for a number of years and most recently had constructed a daycare facility. He stated there were 300 employees of Farm Bureau and 150 preschool children served by the daycare. He stated this generated a great deal of traffic to the area. He stated when the site plan was approved for Arkansas Farm Bureau the City did not allow the drive on South Shackleford Road to be a full access drive. He stated the site could only be entered from Shackleford Road when traveling northbound and exits on Shackleford Road were also allowed as northbound only. He stated this caused the drive on Kanis Road to be very congested. He stated traffic at the intersection of Kanis and Shackleford Road backed the length of the Farm Bureau October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 9 site to the overpass of I-430. He requested the Commission deny the request to allow the increase in intensity of zoning for the site. Mr. John Hathaway addressed the Commission in opposition of the request. He stated his firm represented Bank Corp South in the replatting and sale of the parcel being considered for rezoning to the current owner and also his firm represented Bank Corp South in the original purchase of the entire area. He stated Bank Corp South included in the Bill of Assurance for the sale restrictions on the land proposed for development. He stated use was not restricted but the developers were to receive approval of the site plan, building placement and other site development criteria prior to construction. He stated Bank Corp South had concerns with the traffic a food establishment would generate and the effects of the traffic on the access easement. He stated the use of the property was not restricted through the Bill of Assurance or a Deed Restriction but there were concerns by Bank Corp South with the proposed development of the site as a food service related to dumpster locations, smells and other activities. He requested the Commission defer the request until the bank could meet with the developers and work through some of their concerns. Mr. Roy Snook addressed the Commission. He stated he was an officer of Bank Corp South. He stated the Bank did not envision the site would be used for such an intense use as a restaurant when the agreements were put in place. He stated traffic on the access drive was a concern. He stated the bank would like the opportunity to review the site plan as outlined in the Bill of Assurance. The Commission questioned the City Attorney on the Commission’s obligations and review of Bills of Assurance. Ms. Cindy Dawson, Deputy City Attorney stated as directed by the Board of Directors the Commission shall review Bills of Assurance as a part of the review process but may not allow the Bill of Assurance to be the deciding factor in the decision of approval or disapproval of an item. Mr. Tom Cole stated traffic was a concern of the development. He stated this developer was being a part of the solution by adding a left turn lane at the time of redevelopment of the adjacent property or within five years. He stated the development was not a destination business but was proposed to take advantage of the nearby office and hotel uses. He stated the site would have one drive-through. He stated there were a number of banks and a carwash in the area which had a greater number of drive-through facilities than proposed by the applicant. He stated the streets were arterial streets. He stated the traffic counts for the streets was in excess of 30,000 vehicles per day. There was a general discussion concerning the Bill of Assurance and the conditions of the Bill of Assurance. There was also a general conversation concerning deed restrictions. Mr. White stated there property was not covered under a deed restriction but the Bill of Assurance did require the developers to provide to Bank Corp South site grading and construction plans prior to development. October 30, 2008 SUBDIVISION ITEM NO.: F.2 (Cont.) FILE NO.: Z-4565-A 10 Mr. Hathaway stated the Bank did not have control over use only the Commission had control over use. He stated the Bank was requesting the developers meet with them to discuss traffic and how the use would affect the access drive which would be shared by the developments. Mr. Tom Cole stated the developers would defer the item to the December 18, 2008, public hearing to allow a meeting to occur between the interested parties. There was no further discussion of the item. The chair entertained a motion for deferral of the item. The motion carried by a majority of those present by a vote of 5 ayes, 4 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: G FILE NO.: LU08-04-02A Name: Land Use Plan Amendment - Heights/Hillcrest Planning District Location: Hillcrest Street and Kavanaugh Boulevard Request: Single Family and Multi Family to Public Institutional Source: Staff PROPOSAL / REQUEST: Prompted by the Land Use Amendment request at I Street (LU08-04-02), the Planning Staff expanded the area of review to include the area at the northeast corner of Hillcrest Street and Kavanaugh Boulevard. Staff is now proposing a Land Use Plan amendment in the Heights/Hillcrest Planning District from Single Family and Multi Family to Public Institutional. Public Institutional represents services public and quasi-public facilities that provide services to the surrounding community. EXISTING LAND USE AND ZONING: The property is currently zoned C-3 General Commercial and R-2 Single Family. The amendment area is approximately 1.5 acres and is the site of the Grace Lutheran Church and daycare facilities. Immediately south is zoned R-2 Single Family with a Conditional Use Permit for the Mount Saint Mary Academy campus. To the west is zoned C-3 General Commercial for two small shopping centers and an apartment complex. To the north is zoned R-5 Urban Residence District for a large apartment complex. The east is zoned R-2 Single Family for single family residences. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have not been any amendments in this vicinity in the past ten years. This area is shown on the Land Use Plan as Single Family and Multi Family. The property to the south is shown as Public Institutional. To the west and northwest is shown as Commercial; to the north is shown as Multi Family; and to the east is shown as Single Family. MASTER STREET PLAN: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Hillcrest Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are October 30, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: LU08-04-02A 2 considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of this area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The Hillcrest Neighborhood Plan covers this amendment area. Their zoning and land use goal states: “revise the land use map for the neighborhood to reflect changes in proposed land use and consolidation and elimination of certain land uses.” This amendment would recognize existing uses. ANALYSIS: This application was initiated by City Planning Staff as a direct result of LU08-04-02 being filed for I Street in an effort to update the Future Land Use Plan for the area. This amendment to the plan is considered by Staff to be a ‘clean up’ to recognize existing conditions. The area was reviewed for conformance with the zoning and existing use pattern. With this review, Staff feels this area should be amended to Public Institutional on the plan to represent the existing use of the Grace Lutheran Church campus. This amendment is designed to make the Future Land Use Plan a more suitable representation of current and likely mid-term future uses for this area. Staff does not believe that the existing use is likely to change, and the Future Land Use Plan would be more reliable for all users if this school and church were recognized. October 30, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: LU08-04-02A 3 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the December 18, 2008 agenda. Staff if supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested this item be deferred to the December 18, 2008 hearing. The item was placed on the consent agenda for Deferral. By a vote of 9 for and 0 against the consent agenda was approved. October 30, 2008 ITEM NO.: G.1 FILE NO.: LU08-04-02B Name: Land Use Plan Amendment - Heights/Hillcrest Planning District Location: I Street and Kavanaugh Request: Low Density Residential (LDR) to Multi Family (MF) Source: Richard Harp, CAR Holdings, LLC PROPOSAL / REQUEST: A Land Use Plan amendment in the Heights/Hillcrest Planning District from Low Density Residential (LDR) to Multi Family (MF). Multi Family (MF) represents residential developments of ten to thirty six units per acre. The applicant has filed for a Planned Residential Development to allow 14 units on one-half of an acre. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area to the east between the application and Kavanaugh Boulevard. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is currently zoned for a Planned Residential Development (PRD) with R-2 and R-4 zoning fronting Kavanaugh Boulevard. The residences fronting Kavanaugh appear to be single family and the PRD has a duplex and two four- plexes. The amendment area is one acre ± in size. To the east is zoned R-2 Single Family with a Conditional Use Permit for Mount Saint Mary Academy. The south, west and northwest is also all zoned R-2 Single Family for single family residences and Holy Souls Church and School, which has a Conditional Use Permit. To the north of this amendment is zoned R-4 Two Family District for single family residences and some duplexes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: There have not been any amendments in this vicinity in the past ten years. The amendment area is currently shown as Low Density Residential. The property to the north and west is shown as Single Family and the east is shown as Low Density Residential. The property on the south side of I Street is shown as Single Family and Multi Family. The property on the east side of Kavanaugh is shown as Public Institutional. October 30, 2008 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: LU08-04-02B 2 MASTER STREET PLAN: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. I Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of- way is required. Class III bicycle route signage may be required. PARKS: This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of this area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This amendment is covered by the Hillcrest Neighborhood Plan. The Housing Goal states: “Pursue establishing an overlay district that protects the eclectic architectural character of the Hillcrest Neighborhood without imposing unreasonable restrictions on property owners' rights to remodel of otherwise alter their property.” The Hillcrest Design Overlay District has been implemented and the applicant has filed a Planned Development, which is a separate item on this agenda. ANALYSIS: The applicant’s property is already zoned for a Planned Residential Development (PRD). The original PRD was filed in August of 2000 and a land use plan October 30, 2008 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: LU08-04-02B 3 amendment for the area was also filed at that time. The PRD was approved at that time, but the land use plan amendment from Low Density Residential to Multi Family was denied. With the approval of that PRD, this site was allowed to have 10 units on half an acre, with is 20 units per acre. The Multi Family land use category is for residential developments of 10 to 36 units per acre. The applicant is now proposing to add two more units, which would increase the density to 12 units, or 24 units per acre. Staff has reviewed this area and increased the amendment site to include the residences between this PRD and Kavanaugh Boulvard. This would bring the Multi Family category east all the way to Kavanaugh, which would make the plan more logical. The section of the Hillcrest Neighborhood is characterized by the balance between houses, duplexes and apartments. Small single family houses near Harrison Street and small duplexes located near Kavanaugh are typical examples of the surrounding neighborhood. There are small apartment buildings of varying size along Kavanaugh south of this amendment area. This amendment would increase the density of dwelling units located on the property, which is already a very dense development. There does not appear to be a demand for more intensity in this area. Several houses on I Street and in the surrounding neighborhood are former duplexes that have been converted back to single family residences. There is a balance of single family and multi family residences in Hillcrest, and adding more density at this time could disturb this balance. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest. Staff has received one positive comment from an adjacent property owner. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. October 30, 2008 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: LU08-04-02B 4 STAFF UPDATE: The applicant has requested this item be deferred to the December 18, 2008 agenda. Staff if supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested this item be deferred to the December 18, 2008 hearing. The item was placed on the consent agenda for Deferral. By a vote of 9 for and 0 against the consent agenda was approved. October 30, 2008 ITEM NO.: G.2 FILE NO.: Z-6883-A NAME: Harp’s Quadplex Short-form PD-R LOCATION: Located at 5212 “I” Street DEVELOPER: CARD Holdings, LLC Mr. Richard Harp 17200 Chenal Parkway, Suite 300 Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.19 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PRD ALLOWED USES: Duplex, Four-plex and a Six-plex PROPOSED ZONING: Revised PD-R PROPOSED USE: 2-Four-plex Buildings and a Six-plex Building VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On August 3, 2000, the Little Rock Planning Commission approved a request to rezone the site from R-2, Single-family and R-4, Two-family to PRD to allow a single-family residence located at 5215 J Street to be removed and a new four-plex constructed in its location. The existing parking was to be upgraded with the construction of a new parking area behind the six-unit apartment building containing a total of 16 surface parking spaces accessed from J Street. The six-plex had four garage parking spaces accessed from J Street. The Board of Directors adopted Ordinance No. 18,379 on October 17, 2000, rezoning the site to PRD. A land use plan amendment was also filed to change the site from Single Family and Low Density Residential to Multi-family. This October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 2 application request was denied by the Planning Commission and was not appealed to the Board of Directors. A. PROPOSAL/REQUEST: The request is to revise the previously approved PRD to allow an existing duplex structure to be removed from the site and a new four-unit apartment building constructed within this area. According to the applicant, the duplex building is beyond cost effective repair, remodel or updating. The applicant has applied for and received a demolition permit for the structure. The duplex is located adjacent to a vacant lot. The site plan submitted indicates a staggered 4-plex, town home style, to occupy both the lots currently occupied by the duplex and the vacant lot. Parking upgrades will be provided to the rear of the structure accessed from J Street. B. EXISTING CONDITIONS: There are three residential structures on this site, a four-unit apartment building, a six-unit apartment building and a duplex building currently undergoing extensive renovations/demolition. There are single-family residential structures to the east, west, south across I Street and north across J Street. A number of the residential structures in this area contain more than one dwelling unit but the area along I Street appears to be single-family. Mount St. Mary’s School is located further east across Kavanaugh Boulevard and Holy Souls School is located further west across Harrison Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several calls from persons expressing concern with the proposed development. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residence Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. The parking lots should be redesigned for sufficient vehicle maneuvering. October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. 3/4" is the largest meter size available off the existing 2" water main. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on dedicated CATA Bus Route #1, Pulaski Height. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning to revise a previously approved Planned Residential Development to allow a new fourplex. A Land Use Plan amendment is a separate item on this agenda (LU08-04-02) a change from Single Family and Low Density Residential to Multi Family. Master Street Plan: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. I Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 4 Bicycle Plan: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The housing goal states: “Recommend the creation of an Overlay District that would require Planned Unit Development (PUD) for reclassification of land use, density, or other infrastructure improvements.” The Hillcrest Design Overlay has been implemented. The Overlay requires the use of a Planned Unit Development for the redevelopment of this property. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any/all new parking associated with this project must comply with both the landscape and buffer ordinances. 3. It appears that part of the proposed parking is located within the required buffer area and the required perimeter landscape strip. A minimal strip of six feet nine inches (6’-9”) is required to meet both ordinance requirements. Variances from the Landscape Ordinance requirement must be approved by the City Beautiful Commission prior to the issuance of a building permit. 4. The properties to the east and west are zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern and western perimeters of the site. 5. A street buffer averaging six percent of the depth of the entire property is required along I Street. The street buffer required is to average 10.54 feet and in no case less than nine feet. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Richard Harp was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the developer provide the necessary elements to allow staff to review the item per the Hillcrest Design Overlay District. Staff requested the grade plane and building coverage be provided. Staff also requested details of any proposed signage, the building height and any proposed fencing. Staff stated site lighting was to be low level and directed downward and into the site and not overspill the adjacent residential properties. October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 5 Public Works comments were addressed. Staff stated the parking lot should be redesigned to allow sufficient vehicle maneuvering. Staff also stated any broken curb, gutter or sidewalk was to be repaired prior to the issuance of the certification of occupancy. Landscaping comments were addressed. Staff stated any new paving would require the placement of landscaping per the Landscape Ordinance. Staff also stated the property to the east and west were zoned residentially therefore screening was required along these perimeters. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Harp provided staff with a revised site plan addressing a number of the issues raised at the August 28, 2008, Subdivision Committee meeting. The revised site plan indicates no signage is proposed with the new development, the grade plane for the new structure is zero and provided the building coverage. The maximum building height proposed is 30-feet. The proposed fencing has not been noted on the site plan. Screening will be provided via a six foot wood fence or dense evergreen plantings to be determined at the time of building permit. The site contains an existing dumpster facility located within the parking lot area. The dumpster is proposed to be relocated from the existing location but will remain within the parking area. The hours of dumpster service have not been limited. Staff recommends the hours of service be limited to daylight hours. The site is proposed containing a total of 14 units. The new construction proposed is the removal of an existing duplex structure and construction of a new building containing four units. The site is located in the Hillcrest Design Overlay District. The typical parking required for a multi-family development containing 14 units would be 21 spaces; the DOD allows a 50% reduction resulting in 10 spaces being required with the minimum established being the maximum allowed. Street parking is also allowed to serve as the required spaces. Along J Street 10 spaces are provided and along I Street 8 spaces are provided. The development contains four garage spaces and 12 on-site spaces for a total of 16 on-site parking spaces. The purpose and intent section of the Hillcrest Design Overlay District states the purpose of the Overlay is to help maintain the built environment in a neighborhood that is rich in history and architectural character and consists of both a vital residential area and a thriving commercial sector. In order to preserve and enhance those qualities, compatible design and scale of buildings, parking areas, signage, landscaping, streetscapes, and street furnishings are required October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 6 such that the friendly, pedestrian-oriented, "small-town" nature of the neighborhood is continued. Through additional guidelines for buildings, the district intends to prevent incompatible and poorly planned projects from having a negative impact on Hillcrest's unique character and its living and working environment. Such incompatible construction has the potential to destroy the very attributes that have attracted people to the neighborhood since its beginning as Little Rock's first "suburb" in the 1890s, and more recently during its resurgence since the 1960s. The Hillcrest Design Overlay District does not regulate building design or construction materials. The Overlay desires new construction and additions to respect the prevailing styles of the neighborhood. According to the Overlay the compatible design of housing contributes to the richness of the history and architectural character of Hillcrest. The developer has indicated the new construction will match the construction of the four-plex located along I Street both in building design and construction materials. The maximum building height proposed for the new structure is 30-feet. Per the Hillcrest Design Overlay District the building height and ridgeline elevations are to be a maximum of thirty-nine (39) feet or two and one-half (2 1/2) stories, measured from the "grade plane" to the ridgeline of the highest roof surface. In addition, new buildings and additions shall be constructed to an elevation that is within one story of the adjacent residential structures. The buildings as proposed comply with this typical Overlay standard. The Hillcrest Design Overlay District regulates the floor area ratio. The floor area ratio is defined as the total area of all floors of the principal structure as measured to the outside surfaces of the exterior walls and including halls, stairways, elevator shafts, and attached garages divided by the area of the lot. The floor area ratio for the new construction is 0.71 or 3,600/5,086. The floor area ratio for all three buildings is 15,828 square feet of building area and a lot area of 21,936 square feet. For residential structures with one floor, the floor area ration must not exceed 0.37 percent and for residential structures with two floors, the floor area ration must not exceed 0.50 percent. The existing buildings are two story and the new construction is also two story. The floor area ratio as proposed exceeds the typical standards established by the Overlay. Per the Hillcrest Design Overlay District the lot coverage for all structures under roof must not exceed 50 percent. For lots less than 4,500 square feet the maximum lot coverage for all structures must not exceed 60 percent. The total lot coverage of the development is 36.5 percent, a total of 8,007 square feet of building area and a total lot area of 21,936 square feet. The lot coverage as proposed complies with the typical standards established by the Overlay. Staff is not supportive of the request. Although, the site does comply with a number of the typical Overlay standards, with the exception of the floor area ratio October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 7 requirement, in staff’s opinion the proposed new construction does not meet the purpose and intent section of the Hillcrest Design Overlay. In addition, the area proposed for new construction is located along I Street, which appears from a windshield survey, to be predominately single-family. Staff has a concern with the addition of four units onto this street and the possible impacts. The Overlay does not regulate building design or construction materials. The Overlay does state a desire for new construction and additions to be compatible design with the area to contribute to the richness of the history and architectural character of the neighborhood. In staff’s opinion, the building proposed for construction does not meet this desired intent. Also staff has concerns with the massing of the new construction proposed. In staff’s opinion, the new construction does not appear to be compatible with the existing architecture within the neighborhood. Staff feels the existing density should be maintained with the rehabilitation of the existing duplex structure. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 11, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant requested on October 15, 2008, this item be deferred to the December 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on October 15, 2008, requesting the item be deferred to the December 18, 2008, public hearing. Staff stated they were supportive of the deferral request. October 30, 2008 SUBDIVISION ITEM NO.: G.2 (Cont.) FILE NO.: Z-6883-A 8 There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: H FILE NO.: LU08-29-01 Name: Land Use Plan Amendment - Barrett Planning District Location: The northwest corner of Morgan Cemetery Road and Highway 10 Request: Transition to Mixed Office Commercial Source: Tim Daters, White-Daters PROPOSAL / REQUEST: The applicant has requested this item be deferred to the October 30, 2008 agenda. Staff is supportive of this request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) This item was placed on the consent agenda for deferral to the October 30, 2008 hearing at the request of the applicant. By a vote of 6 for and 0 against the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the December 18, 2008 agenda. Staff if supportive of this request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested this item be deferred to the December 18, 2008 hearing. The item was placed on the consent agenda for Deferral. By a vote of 9 for and 0 against the consent agenda was approved. October 30, 2008 ITEM NO.: H.1 FILE NO.: Z-7948-B NAME: Morgan Lot 2 Short-form POD LOCATION: Located on the Northwest corner of Cantrell Road and Morgan Cemetery Road DEVELOPER: Lasiter Family Limited Partnership C/o Ranch Properties, Inc. 900 South Shackleford Road Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: POD PROPOSED USE: Mixed use development containing O-3, General Office District uses and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated September 8, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 8, October 30, 2008 SUBDIVISION ITEM NO.: H.1 (Cont.) FILE NO.: Z-7948-B 2 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant has not provided staff with a revised site plan addressing the issues raised at the August 28, 2008, Subdivision Committee meeting. Staff recommends this item be deferred to the December 18, 2008, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had not provided staff with the revised site plan addressing issues raised at the August 28, 2008, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the December 18, 2008, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral as recommended by staff. The motion carried by a vote of 6 ayes, 4 noes, 0 absent and 1 open position. October 30, 2008 ITEM NO.: I FILE NO.: LU08-09-02 Name: Land Use Plan Amendment - I-630 Planning District Location: 3604 West 12th Street Request: Single Family to Mixed Use Source: Frank Riggins, Crafton Tull Sparks PROPOSAL / REQUEST: The applicant has requested that this item be deferred until the August 21 hearing. This deferral is an effort to have all the issues heard at one time: land use plan amendment, planned development application and conditional use permit. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The item was placed on consent for deferral to the September 18, 2008 hearing at the request of Staff. By a vote of 9 for, 0 against the consent agenda was approved. PROPOSAL / REQUEST: A Land Use Plan amendment in the I-630 Planning District from Single Family to Mixed Use along 11th Street from Maple to Valentine. Mixed Use represents a mixture of residential, office and commercial uses with a required Planned Zoning District if the use is not entirely residential. The applicant is proposing a rezoning to a Planned Development to allow an Empowerment Center with dorms, office and training facilities on site. EXISTING LAND USE AND ZONING: This property is zoned R-3 and R-4. It is currently developed with single family residences and a few empty lots. To the north, west and east is also zoned R-3 for single family residences, the Florence Crittenden Home, and a nonconforming Kentucky Fried Chicken on the northwest corner of 12th and Maple. South of this property is zoned R-5 for Will’s House group quarters. Southeast is zoned C-3 General Commercial for Associated Plumbing at the corner of Valmar and 12th Street. The majority of the land in this general area is zoned R-3. October 30, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LU08-09-02 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is shown as Single Family on the Future Plan. The southern half of this block fronts 12th Street and is shown as Mixed Use. North of this amendment is shown as Public Institutional. West and east are shown as Single Family. Southwest is shown as Commercial along 12th Street west of Maple Street. MASTER STREET PLAN: 12th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Valentine and Maple Streets are both shown as Local Streets. 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes in this immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight city blocks of a park or open space. To the northwest there are two playgrounds associated with churches. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the Stephens Neighborhood Plan. Their Housing Goal states: “Make use of vacant houses” and “Force houses to be fixed or sold.” Several of the houses in this proposed development are unsafe and vacant. October 30, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LU08-09-02 3 ANALYSIS: This amendment was filed in response to a rezoning request for a Planned Office Development (POD). The proposed POD is for an Empowerment Center which would serve as dorms and offices. This proposal would remove all houses and structures from the block bounded by West 12th Street on the south, West 11th Street on the north, South Valentine Street on the east and Maple Street on the west. The southern half of this block is already shown as Mixed Use on the Future Land Use plan, and the applicant has filed an amendment to change the north half from Single Family to Mixed Use to accommodate this new development. Immediately north of this application is the Florence Crittendon Home for children. It is shown as Public Institutional on the Future Land Use Plan and has been at this location for many years. Immediately south of this amendment is a small group quarter’s facility called Will’s House. The other surrounding areas are still largely residential in nature with the exception of the 12th Street Corridor. While these two uses are located within the neighborhood, they are relatively small facilities. Will’s House is set back off of 12th Street in an effort to blend in with the surrounding neighborhood. The Florence Crittendon Home is a large building, but it is situated in the center of a city block and is surrounded by grass and trees. The proposed development between 12th and 11th Streets is going to be comprised of very large buildings. These buildings do not appear to fit with this neighborhood in terms of bulk and massing. This single family neighborhood has been in place for many years. The area between Interstate 630 and 12th Street is composed of single family and two family residences. This neighborhood needs to be preserved as Single Family on the Future Land Use plan to prevent futher loss of housing stock. This amendment would result in a loss of eight residences and three vacant lots. This is still a viable neighborhood and needs to be protected as such. The Land Use Plan calls for keeping the non-single family uses on 12th Street as well as oriented to 12th Street. 11th Street is to be a single family residential street, neighborhood street. The Plan changes at mid-block on either side of 12th Street at this location to re-enforce this pattern. 12th Street is shown as a Minor Arterial and is lined with a variety of different businesses, types of residences and public uses like the Willie Hinton Center and Will’s House. The City of Little Rock has hired a consultant to study the 12th Street Corridor in an effort to revitalize the area. This study is expected to take a year to complete. The study is to look at use as well as design and make recommendation for future development in the corridor. October 30, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LU08-09-02 4 11th Street is a Local Street on the Master Street Plan and is lined with single family residences. This area has been a residential neighborhood for decades and the majority of the houses along this street are in good condition. Staff feels that this street should remain single family in nature and that more intense uses like this POD should be confined to the arterial streets like 12th Street. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Central High Neighborhood Association, Capitol Hill Neighborhood Association, Pine to Woodrow N.A., Stephens Area Faith N.A., Forest Hills N.A. and Hope N.A. Staff has received two comments from area residents and both were opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Walter Malone, Planning Staff, reviewed the use pattern in the vicinity, with several institutional uses and a concentration of commercial at the Pine-Cedar intersections with 12th Street. Other than along 12th Street, this is a single-family neighborhood. To the north is a small residential area and staff does not feel the conversion of a block from single-family homes is positive for the neighborhood. Donna James, Planning Staff, followed with a description of the related Planned Zoning District application. In the comment period several individuals commented about the desire to keep single-family homes. However most of the discussion was about the related Planned Zoning District application. See item H.1: Z-8367, BCD Empowerment Center POD, for a complete minute record of the item. Speakers questioned whether the applicant had ownership of the full application area. After discussion, Staff recommended to the Commission that both items be deferred in order to verify the ownership record. By a vote of 8 for, 0 against the item was deferred to the October 30 Planning Commission Hearing. STAFF UPDATE: There have been no changes to the application since the last public hearing. October 30, 2008 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LU08-09-02 5 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) There was no new information from Staff. See related item Z-8367 for a complete minute record. There was a motion to approve the requested Land Use Plan amendment, by a vote of 6 for and 4 against the amendment was approved. October 30, 2008 ITEM NO.: I.1 FILE NO.: Z-8367 NAME: BCD Empowerment Center Short-form POD LOCATION: Located at 3604 West 12th Street DEVELOPER: Black Community Developers, Inc. 3805 West 12th Street Little Rock, AR 72204 ENGINEER: Crafton Tull and Sparks 10825 Financial Center Parkway Little Rock, AR 72211-3554 AREA: 1.65 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family and R-4, Two-family ALLOWED USES: Single-family residential and duplex housing PROPOSED ZONING: POD PROPOSED USE: Residential alcohol and drug treatment VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project will occupy all but one lot of an entire block in the Coy’s Addition to the City of Little Rock. The plan is to remove all the existing structures and build the proposed Empowerment Center. The idea behind the overall layout and architecture is to maintain the neighborhood feel and curb appeal with pedestrian friendly front façade and porch with all the vehicular traffic being located in the rear. The developers have located all dumpster and service areas adjacent to the commercial uses along the west, and the main office parking area with entry court is located on the northeast corner of the site. Additional screening of the parking area is provided by the installation of a 3 ½ foot screening fence on the north side October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 2 of the parking lot. There will also be an outdoor courtyard and activity area in the center of the site between the dormitory buildings. This area will be fenced with a 6’-8” privacy fence for control, security and privacy of the patients within the facility. The Empowerment Center is proposed as a state of the art, living and learning center. One of the programs of the Empowerment Center will be to provide residential alcohol and drug treatment services. Not only will the program provide certified cutting edge prevention, intervention and treatment services, but also comprehensive life skills training designed to empower residents to succeed in all aspects of their life. The mission of the Empowerment Center is to be a highly customized living and learning program providing independent living skills, vocational training with a focus on the green environment and social integration. The entire community will benefit from continued and additional comprehensive programs that include support services, research, education, prevention, intervention and treatment. The vision for the Empowerment Center is to be a cognitive behavioral therapeutic program implemented in a premier facility providing empowerment programs for the community. The Empowerment Center will be a unique facility which will provide a holistic approach to living. The Empowerment Center will serve as a national model for faith and community based organizations. The Center will provide hands-on training to interested nonprofits, church groups and educational institutions from across the nation. In addition, the Empowerment Center staff with shared expertise through consultation with other faith based programs and the production of conferences and training seminars for the community at large. The Empowerment Center will provide the following space: administrative office space, office space for (4) potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium/dining room with seating capacity of 100, fitness room, classroom/training center, male dormitory (24 beds), female dormitory (24 beds) and lounge. B. EXISTING CONDITIONS: The site contains a number of single-family homes most of which are occupied. The area along West 12th Street is predominately commercial and institutional while the areas off West 12th Street are primarily October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 3 residential. To the north of the site is a facility providing services to juveniles. South of the site is Will’s House, a facility providing housing for persons recently released from treatment facilities. West of the site is the Willie Hinton center and further west is the sales store for a non-profit service provider. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls and a number of calls in opposition of the request from area property owners. All property owners located within 200 feet of the site, all residents who could be identified, located within 300 feet of the site, along with the Capitol Hill, the Central High, the Hope, the Forest Hills, the Stephens Area Faith and the Pine to Woodrow Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Maple Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that 11th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Due to the proposed use of the property, the Master Street Plan specifies that Valentine Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 4. 12th Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 5. A 20-foot radial dedication of right-of-way is required at all intersections. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Maple Street including 5-foot sidewalks with the planned development. The October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 4 new back of curb should be 18 feet from centerline. The intersection curb radius at Maple Street and 11th Street should be improved to a 30-foot radius as shown on plan. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 11th Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline or as shown on plan. The intersection curb radius at 11th Street and Valentine Street should be a 30-foot radius as shown on plan. 8. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Valentine Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline. 9. The intersection curb radius at West 12th and Maple Streets should be constructed to a 30-foot radius. 10. Sidewalk easements should be platted where the sidewalk is outside of the new right-of-way. 11. The sidewalk on Valentine Street should extend to the property in line with the remainder of the sidewalk and then turn toward Valentine Street. 12. The curb should be extended to the property line in line with the remaining curb and then turn toward the existing street. 13. All old curb cuts should be closed with curbing. 14. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 15. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of work. 16. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 17. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 5 18. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 19. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 20. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 21. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for a any other purpose. 22. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 23. The driveways should be constructed with maximum 15-foot radiuses. 24. Remove parallel parking spaces from Maple Street due to lack of sight distance for drivers trying to access Maple Street from the parking area. This will allow the back of sidewalk to be moved to the property line. 25. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the vehicle parking in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 6 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). If buildings are have a fire sprinkler system, please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on CATA Bus Route #3 – the Baptist Medical. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a Planned Office Development for a residential/training facility. A Land Use Plan Amendment from Single Family to Mixed Use is a separate item on this agenda (LU08-09-02). Master Street Plan: 12th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. Maple Street, West 11th Street and Valentine Street are Local Streets. 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. October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 7 These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Stephens Neighborhood Action Plan. The Public Safety goal states: “Remove unsafe housing from the neighborhood.” This application would remove several vacant/unsafe buildings from this City block in the neighborhood. Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. An automatic irrigation system to water landscaped areas will be required. 3. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Barry Williams was present representing the request. Staff presented an overview of the proposed development stating there were a few technical issues in need of addressing which had been raised. Staff stated a minimum of ten to fifteen percent of the site was to be designated as landscaping. Staff requested the applicant provide the percentage designated for landscape. Staff also requested Mr. Williams provide the percentage of building coverage proposed. Staff stated site lighting was to be directional, directed downward and into the site. Public Works comments were addressed. Staff stated dedication of right of way for Maple, 11th, and Valentine would be required to 30 feet from centerline. Staff stated a right of way dedication of 35-feet from centerline would be required along West 12th Street. Staff also stated a 20-foot radial dedication would be required at all the intersections. Staff stated October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 8 the intersecting curb of Maple and West 12th Street should be constructed to a 30-foot radius. Staff stated the proposed parking along Maple Street should be removed due to sight distance concerns. Landscaping comments were addressed. Staff stated the street buffer around the sites entirety was to be 18 feet and in no case less than one-half. Staff stated an automatic irrigation system was required and prior to the issuance of a building permit a stamped landscape plan prepared by a landscape architect would be required. Staff stated street trees were encouraged. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. The applicant has indicated right of way dedications, radial dedications and street buffering per the typical ordinance standards. The applicant has also provided the percentage of building coverage and the percentage of landscape area in the general notes section of the site plan. The site is being reviewed as an establishment for care of alcoholic, narcotic or psychiatric patients. According to the definition section of the zoning ordinance this use is defined as an establishment offering residence for outpatient treatment to alcoholic, narcotic or psychiatric patients. The use is an allowable use under the O-1, Quiet Office Zoning District. The activities are currently taking place at Hoover Place located at Hoover Methodist Church just a few blocks west of this site. The center will provide on-site living accommodations through dormitory style housing offering 24 beds for females and 24 beds for male clients. Other activities on the site include office space for (4) potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium/dining room with seating capacity of 100, fitness room, classroom/training center. The residential treatment portion of the facility will operate 24 hours per day. The office portion of the development will operate during normal business hours with activities such as graduations or community meetings taking place during non-typical business hours. These activities will be limited and no schedule has been created for these October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 9 activities. Most activities take place on weekends and most nightly activity should conclude before 9:00 pm. The site plan includes 22,000 square feet of building space, 22,143 square feet of hardscape area and 24,029 square feet of green space area. The total square footage designated for green space area represents 35.25 percent of the site. The site plan also includes an outdoor courtyard and recreation area and, within the building, recreational areas will be provided. 44 on-site parking spaces are indicated on the site plan. The developer also has indicated paving will be added along 11th Street to provide nine additional parking spaces. Based on typical ordinance requirements the required parking for the facility would be 51 spaces. The residential portion of the development would require the placement of 24 parking spaces and the office portion 27 parking spaces. Staff does not feel the lesser number of parking spaces will adversely impact the development or the area. Typically the residents will not be driving. The building is proposed with a 25-foot front yard setback and an 80-foot (+) rear yard setback. The western setback is proposed as 17.35 feet from the property line and the eastern setback is proposed as 16.74 feet. The site plan indicates the sidewalk located within the property boundary along the northern, eastern and western perimeters. The developer is requesting to place the sidewalks as proposed to allow for the addition of street parking in the future without relocating the sidewalk. A street buffer averaging eighteen feet in width is typically required around the site’s perimeter and in no case less than nine feet or one-half the buffer requirement. The site plan indicates the placement of a 12-foot landscape strip, the sidewalk and an additional 17 feet of landscaping along the western perimeter, a 10 to 12-foot landscape strip along the northern perimeter with the sidewalk located south of the proposed decorative screening fence and a 8-foot landscape strip a 6-foot sidewalk and a 12-foot landscape strip along the eastern perimeter. Staff is supportive of the sidewalks and street buffer as proposed. The sidewalks will be located within a sidewalk easement. Although, the buffering does not meet the typical ordinance standards, staff feels the buffering as proposed will provide adequate landscaping to enhance the site and the area. The site plan indicates the placement of a screening wall located along the northern perimeter between the proposed parking area and 11th Street. The wall is proposed as protection to the nearby residents and to screen the parking lot and to provide a shield for the automobile headlights October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 10 utilizing these stalls. The site plan indicates the placement of a six-foot opaque privacy fence along the eastern perimeter where adjacent to an existing single-family home, which is to remain. Site lighting is to be low level and directional, directed downward and into the site. The dumpster has been located along Maple Street. The dumpster has been located near the non-residential activities along West 12th Street. The dumpster hours of service have not been limited. Staff recommends the hours of service be limited to daylight hours to lessen the impact on the nearby neighborhoods. The maximum building height proposed is 50 feet from the finished floor elevation. The building is proposed as a multi-story building and constructed with a hipped roof. The building design is proposed in a residential style with the building being constructed with architectural elements to break the massing of the facades. Signage is proposed consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. The developers hope to construct the entire project in a single phase but have requested a phasing plan for the development of the site. According to the applicant, the center will be constructed as funding becomes available. Phase I of the development will consist of one of the dormitory buildings and about one-half of the parking most closely associated with it. The courtyard space will also be constructed and a wood privacy fence will be installed to delineate the courtyard area. The second phase will be one of two options, the beginning of the administration building to the south or the erection of the second dormitory building. Regardless, phase two will include the completion of the parking lot to the north. Phase III will be the completion of the portion of the administration or dormitory areas that have not been completed. According to the applicant, the site will be developed in three phases but there is potential for five phases depending upon how the administration building is constructed. The operation of Phase I includes several options including a temporary kitchen within or beside the dormitory itself, or the existing kitchen and dining hall at the Hoover House will be used for meal preparation. The request includes the phasing of street improvements as well. The street improvements to Maple Street would be constructed with the first building and as the second building comes on-line the improvements October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 11 nearest the construction will be completed. The improvements to West 12th Street will be completed at the time of the construction of the administration building. The developer has indicated with the phasing of the street improvements this will allow the cost to be spread over three phases reducing the burden of cost. Staff has concerns with the development’s location and the proposed phasing plan. Staff feels with a portion of the activities taking place at Hoover House and the remaining activities taking place on this site there is potential for a saturation of this type of institutional activities within the neighborhood. To the south of this site is a similar type use, Will’s House, which provides transitional housing for men recently released from treatment. There are also a number of activities and uses in the area geared to the youth of the community. North of the site is the Florence Crittenden House and west of the site is the Willie Hinton Neighborhood Resource Center. Although, staff feels the activities and undertakings provided by the Hoover Methodist Church and the Hoover House are valuable to the community staff questions if this is the appropriate location for the use. Based on these concerns staff cannot support the request. I. STAFF RECOMMENDATIONS: Staff is not supportive of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated upon further review, based upon meeting with the applicant and staff, it had been determined that the proposed facility did not fall under the definition of a correctional facility. Staff stated as such, no separate Conditional Use Permit was required. Staff stated the applicant may proceed forward through the process, as filed. Staff presented a recommendation of deferral of this site to the September 18, 2008, agenda. Staff stated new notice would be given to all parties as was done for the initial filing. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 12 PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Barry Williams and a number of representatives of the Black Community Developers were present representing the request. There were registered objectors and supporters present. Staff presented the item with a recommendation of non-support. Mr. Williams addressed the Commission on the merits and technical aspects of the development. Reverend Robinson addressed the Commission on the goals of the Black Community Developers. Reverend Robinson stated there had been a lot of activity along the 12th Street Corridor. He stated the BCD wanted to be a part of the new activity and new development in the area. He stated the City was considering a new police substation and reviewing efforts for revitalizing the area and the BCD wanted to share and be a part of the efforts. He stated the BCD had met weekly to ensure a quality development. He stated he appreciated all who had come to speak in support of the development and those who came to speak in opposition. He stated the care provided by BCD needed to take place in the City not in the County or on the outskirts of the Community. Mr. Williams stated the activities were currently taking place at Hoover United Methodist Church. He stated the facility currently housed 24 men. He stated the center served 12 women also but the women were housed elsewhere. He stated there were currently eight structures on the block and three were occupied. Mr. Williams stated the BCD had under contract or had already purchased all the properties proposed for rezoning. He stated the parking would be placed in the rear and the structure pulled to the street to have the look and feel of a residential structure. He stated the building would be constructed of brick and siding with a front porch along 12th Street. He stated the new facility would be a 5 million dollar investment into the neighborhood. He stated one of the property owners did not desire to sell and the center would provide buffering and screening around his home and the office uses would be located within this area to protect the homeowner. Mr. Williams stated the BCD had revised their proposed phasing plan due to concerns raised by staff. He stated the original phasing plan allowed bringing on line one dormitory at a time which would then leave a portion of the activities at Hoover United Methodist Church. He stated with the revised plan both dorms would come on-line in the first phase. He stated the current clients served would not be increased and the additional space would be used as a temporary kitchen October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 13 and office space. He stated once the administrative offices were completed the addition dormitory space would be completed and the additional 12 women clients would be added. He stated all street construction would be completed in the first phase. He stated the entire site design package would also be completed with the first phase. Mr. Williams stated the relocation of the treatment aspect of the BCD activities would allow for a City funded youth program currently taking place at Hoover United Methodist Church to be separated. Reverend John Hammond addressed the Commission in opposition. He stated there were a number of questions in need of addressing before the Commission reviewed the request. He questioned the number of patients, the number of employees, if the patients were local or from other areas of the state or even nationally. He questioned the success rate of the program. He questioned how the center would embrace the community. He questioned the age ranges of the residents. He stated his desire was to see the neighborhood improve but felt this would detract from the area. Ms. Nancy Robinson addressed the commission addressed the Commission in opposition. She stated she was a resident of 824 Johnson Street. She stated she was opposed to the decision of constructing this facility within a neighborhood. She stated the value of homes would go down. She stated she wanted to keep the value of homes up in the area. She stated the neighborhood was drug infested and the residents could not go out at night because of the area. She stated she was raising children in the area and the site was located near her grandchildren’s daycare. She stated the 5 million dollars could go to a better cause and be of better benefit than construction of a rehab center within the neighborhood. Mr. Ted Atkins addressed the Commission in opposition of the request. He stated he had lived in the neighborhood for 30 plus years. He stated there were two school bus stops located within the area proposed for rezoning. He stated children walked to school through this area. He stated this was not the location for a rehab center. He stated he did not want to go out his front door and/or take his children to the bus stop and be forced to see drug, alcohol or psychiatric patients. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the League felt this site was inappropriate for this type facility to be located within a residential neighborhood. She stated she was aware of the daycare because a number of residents had come down and spoke at the public hearing addressing the need for the daycare facility. She October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 14 stated if BCD was only using one-half of the block with the activities taking place along 12th Street then the League would be more supportive of the development in this area. She stated a structure this intense did not belong in a residential setting. Ms. Jeanette Booth addressed the Commission in opposition. She stated she was the past president of the Pine to Woodrow neighborhood association. She stated for a number of years she worked to better the community and lost finances doing so. She stated the desire of the neighborhood was to add value to the area. She stated the residents took pride in their neighborhood even though the area was drug infested. She stated she was opposed to a mega rehab facility within the residential neighborhood. She stated the BCD was saying a dormitory would add pride and value to the neighborhood and she was here to tell the Commission no. She stated property values would decrease and more drug dealers would move to the area. She stated the BCD was not looking at the big picture but at the inside of the building. She stated a number of the patients recovered but a number fell back into the previous life. She requested the Commission vote with the people and the property owners not the building and the drug use. Ms. Lorena Bush addressed the Commission in opposition. She stated she had lived in the neighborhood for 38 years and lived one-half block from the proposed facility. She stated she was very opposed to the rezoning. Ms. Maudella Morehead addressed the Commission in opposition. She stated she represented Hope Neighborhood Association. She stated the anchor of a neighborhood should be strong and family oriented. She stated the BCD had opened the doors to recurring substance abusers and housed a substance abuse living center within crack alley. She stated 12th Street was the central corridor of the City and after a number of years the City now recognized this. She stated work was progressing with the Mayor and City leaders to add vitality back to the area. She stated her desire was to add residential units to the area. She stated the neighborhood was looking at plans to add walking paths, open spaces, restaurants and business to the area. She stated Mid-town was not the place for this center. She stated the center needed to be on the outskirts of town. Ms. Quentilla Jones addressed the Commission in opposition of the request. She stated she lived in the area and her home was one of the homes proposed for removal. She stated she did not want to move. She stated she had raised her children in this home and was not ready to sell and move away from the area. October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 15 Mr. William Oldham addressed the Commission in opposition. He provided the Commission with a petition containing 140 names in opposition of the request. Ms. Debbie Stripling, Director of the Florence Crittenden Youth home addressed the Commission in opposition of the request. She stated the youth center provided services to children whose parents were ordered to treatment centers for rehab. She stated the court typically did not allow the youth and parents to have contact. She stated there was a potential for the youth to be housed across the street from the parents within the treatment program. She stated this could cause a difficult situation. Mr. Williams stated Ms. Jones property was under contract and BCD could provide a copy of the contract but did not have the contract with them this evening. Mr. Charles Vann addressed the Commission stating the agreement was for BCD to construct Ms. Jones a new home on Oak Street. He stated Ms. Jones had recently visited the site of her new home with the Reverend and himself as little as three weeks ago. Mr. Williams stated the BCD had served a diverse clientele from various backgrounds and income levels. He stated the success rate was 92 percent. He stated the new development would add value to the area. He stated with the new center a courtyard would be constructed for both the patients and the residents. He stated currently when the men took breaks they were forced to hang out on the sidewalk. He stated with the new center the private courtyard would allow the men to take their break within this area. He stated the new center would have better security and security cameras. He stated the front of the building would be designed to add to the community. He stated if school bus stops needed to be moved then the BCD would work with the school district to move the stops. Ms. Deborah Bell addressed the Commission. She stated the BCD had a number of partners and offered a number of programs for the residents. She stated the center was not just a rehab but provided a holistic approach to rehabilitation. She stated the BCD had constructed 24 new homes in the area and many of the homeowner had completed the rehab program offered by BCD. Reverend Robinson stated he had lived in the neighborhood for 39 years and his mother and grandmother had also lived in the community. Mr. Robert Webb addressed the Commission in support of the request. He stated the BCD was an asset to the Community and the City. He stated the City and the police department did not respond to calls within the area. He stated October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 16 911 calls were slow to be answered and when residents placed limbs on the curb for collection the piles would lay for a long time before the City came to pick up the debris. He stated a vote against BCD was a vote against the neighborhood. George Jean Allen addressed the Commission. She stated she was working with the Pine to Woodrow Neighborhood association and had seen the neighborhood decline. She stated the area had a number of boarded homes and felt the new construction would be an asset to the community. She stated the Commission needed to think about what was good for the community. She stated crime was in the neighborhood. She stated the facility would help to deter crime. Raven Gregory addressed the Commission in support. She stated she had lived in the neighborhood for four years and seen the crime in a state of change. She stated the BCD was there to help the community. She stated a recovery center would help everyone. She stated the community needed to help each other. Reverend Robinson stated the BCD was a part of the longevity of the community. He stated the 24 new homes constructed by the BCD were done so to add to the community. He questioned why the BCD would do anything to take away from the area it was trying so hard to revitalize. Deputy City Attorney Cindy Dawson stated if the BCD could not provide a copy of the contract or an affidavit with Ms. Jones’ signature then the Commission had no ground to hear the item. She stated the code was very specific and Ms. Jones had stated in the public hearing BCD did not have authorization to rezone her property. There was a general discussion by the Commission concerning what was acceptable proof for rezoning. Staff stated an executed affidavit by the property owner or a contract which included language regarding rezoning. A motion was made to defer the item to the October 30, 2008, public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant is working to secure affidavits and extended contracts for the proposed properties not currently owned by the Black Community Developers. Staff will have copies of the contracts and the affidavits on file prior to the Commission acting on the request. October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 17 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Mr. Barry Williams was present representing the request. There were registered objectors present. Staff presented the item stating the item was previously deferred because of concerns over the authorization for a parcel of property located within the development area. Staff stated BCD had provided staff with all the required information concerning affidavits and contracts to purchase on the property not owned by BCD. Staff questioned if the Commission would like a full presentation on the item. The Commission indicated a full presentation from staff was not required. Mr. Barry Williams presented the Commission with an overview of the development and the proposal of the Black Community Developers. He stated the development would be constructed in two phases with the residential treatment in the first phase. He stated 24 men and 12 women would be housed at the site. He stated the remainder of the area for the women would be used as office space and areas for feeding the clients until the additional phases were complete. He stated the 12th Street Corridor Committee met this week and the desire of the area was for the Pine/Cedar Street area to become an institutional node. He stated with Hoover, the Willie Hinton Center and the Empowerment Center this completed that desire. He stated the educational component of the Empowerment Center would also provide educational and training opportunities which also met the goal for the future desires of development for the 12th Street Corridor. Ms. Maudella Morehead addressed the Commission in opposition of the request. She stated she represented the Hope Neighborhood Association and was a parent and grandparent. She stated she understood the need for rehabilitation services but the mid town area did not need any more such facilities. She stated such facilities were better served if located outside the neighborhood. She stated the services offered were a duplication of services. She stated all the services proposed were provided at UAMS. She requested the Commission not allow the development within the community. She stated with a no vote the community would be empowered to rise up and make a change. Ms. Elsie Adkins addressed the Commission. She stated she lived in the area for 40 years. She stated she did not feel the use of the property was a good use to be located near children. She stated her children and grandchildren played in the yard and felt with the addition of the Empowerment Center they would not be October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 18 as safe. She stated the youth living at the Crittenden Home felt like the facility was a home and also should not be exposed to the residents of the treatment facility. Mr. Ted Adkins addressed the Commission in opposition. He stated within the area proposed for the treatment center there were a number of school bus stops. He stated the children catching the school buses should not be exposed to persons within the rehab program. He stated a number of the persons within the treatment program were doing so to beat the system and not go to prison. He stated these were the persons the children should not be forced to be around. He stated the youth of today are our leaders of tomorrow. He stated it was all about the children. Ms. Ruth Bell addressed the Commission in opposition. She stated the League of Women Voters was not supportive of the request. She stated the neighborhood was influx and was turning the corner. She stated this was due to a great deal of work on behalf of the area residents and work by the Hoover United Methodist Church. She stated the use was too intense for the site and the neighborhood. She stated with the addition of the Phase II activities the use of the site would be even more intense than in the initial phase. She stated the League did not feel this was the right location. Ms. Debbie Stipling addressed the Commission. She stated she was representing the Florence Crittenden Home. She stated the facility was a mercy shelter for children infant to 17 years of age. She stated the center had served 98 children this year. She stated the concern of the center was for the safety of the youth and the outside surroundings. She stated it was important to keep the neighborhood historic. Mrs. C. Killingsworth addressed the Commission in opposition. She stated had lived in the community for 40 plus years. She stated the neighbors had cleaned up the area removing a drug house. She stated the neighborhood did not need another facility such as the Hoover House. She stated the community had its share of rehab facilities. She stated there were a number of residents who lived in their homes who did not feel safe and with the placement of a rehab facility in the area this would only increase their insecure feelings. Mr. Barry Williams stated the properties being considered for development were 5 vacant lots, 5 uninhabited structures and 3 residences. He stated the school bus stops could be relocated to ensure the safety of the children. He stated the courtyard area would be fenced to keep the clients secure as well as the October 30, 2008 SUBDIVISION ITEM NO.: I.1 (Cont.) FILE NO.: Z-8367 19 residents. He stated the redevelopment of the site would add value to the neighborhood not take away from property values. Ms. Deborah Bell addressed the Commission in support. She provided the Commission with letters of support from persons within the community. She stated the facility was relocating from Hoover House to this site and would not be a duplication of services. She stated based on National Marketing Models facilities worked best when placed within a residential neighborhood and not in areas away from interaction. She stated BCD operated programs for youth as well as the rehabilitation service. She stated they were very concerned with providing services which did not interfere with other programs offered. Reverend Robins stated BCD had constructed 24 new homes in the area. He stated BCD would not be doing anything they felt would decrease property values in the area. He stated there were a number of residents who were experiencing the NIMBY syndrome. He stated the location was an appropriate location and if the Commission did not feel this was an appropriate location he requested the Commission help him find a location. Commissioner Nunnley stated he was well aware of longevity. He stated when the request came in for Wills House the Commission was told they did not want to be intrusive into the neighborhood. He stated the development as proposed smacked with intrusiveness. He stated to put the development in the neighborhood was mission creep. He stated he felt the developers would be back in three years wanting something larger. Commissioner Williams stated he did not agree. He stated he felt the proposed location was an appropriate location for the center. He stated BCD had constructed 24 new homes in the area and he did not feel BCD would do anything that would negatively impact the area. He stated there were not enough jails and prisons to hold all the convicted persons for drugs and alcohol. He stated centers such as this were necessary to keep the jail system at a manageable level. A motion was made to approve the request. The motion carried by a vote of 6 ayes, 4 noes 0 absent and 1 open position. October 30, 2008 ITEM NO.: J FILE NO.: Z-8385 NAME: 2105 South Taylor Street Short-form PD-R LOCATION: Located at 2105 South Taylor Street DEVELOPER: George Dumbrava 2000 Central Avenue Hot Springs, AR 71901 ENGINEER: Laha Engineering 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Duplex and Garage apartment VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting to rezone the site from R-3, Single-family to PD-R to allow three residential units on the site with individual utility meters. The applicant is proposing two units within the main structure and the third unit within a garage apartment located in the rear yard area. Parking for the units is proposed within the front yard area and two spaces off the alley. B. EXISTING CONDITIONS: The structure is currently undergoing renovations. To the north is a vacant lot and to the south a single-family home. The alley is a functioning alley with a October 30, 2008 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8385 2 number of the homes taking rear access from the alley to parking pads and garages located behind the primary structure. The area is predominately single-family. South of the site is the UALR campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Oak Forest Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. South Taylor Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-3, Single-family to Planned Residential Development to October 30, 2008 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8385 3 allow the existing structure to become a triplex utilizing individual utility meters for the units. The Land Use Plan for this area was just reviewed for the Oak Forest Neighborhood Action Plan Update, and this is just one lot of higher density surrounded by single family. The review is using the Planned Zoning District process to assure compatibility. This request does not require a change to the Land Use Plan. Master Street Plan: South Taylor and West 21st Streets are shown as Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets, which are abutted by non-residential zoning/use or more intensive zoning than duplexes, are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Oak Forest Neighborhood Plan. One objective of the Housing Goal section states: “Promote Oak Forest neighborhoods as residential neighborhoods to UALR staff and students, local businesses, and governmental agencies.” This application would provide more housing for the community. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Any/all parking areas must comply with the City’s landscape and buffer ordinances. 3. The zoning buffer ordinance requires a minimum of six foot, nine inch (6’-9”) wide land use buffer along the northern and southern property lines. Seventy percent (70%) of this area is to remain undisturbed. 4. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape strip along the property lines where parking is proposed. A variance from the City Beautiful Commission must be granted for any reduction and must be approved prior to the issuance of a building permit. 5. The property to the north and south are zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along both the southern and the northern perimeters of the site. October 30, 2008 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8385 4 6. The zoning buffer ordinance requires the placement of a street buffer with a minimum width of nine feet along South Taylor Street. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) The applicant was present. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide the proposed parking plan. Staff also stated the City did not have a case file indicating a history of the site being more than one unit. Staff requested the applicant provide documentation indicating multiple units if the site had a previous history as a duplex or triplex. Public Works comments were addressed. Staff stated a right of way dedication of 25 feet from centerline would be required. Landscaping comments were addressed. Staff stated landscaping of any new parking areas would be required consistent with the Landscape Ordinance requirements. Staff also stated screening would be required along the northern and southern perimeters. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the August 28, 2008, Subdivision Committee meeting. A total of four parking spaces have been indicated on the site plan. The applicant has not provided staff with documentation of the site’s history as a multi-unit structure. The applicant is seeking a rezoning of this site from R-3, Single-family to PD-R to allow an existing single-family residence to be converted into a duplex and an existing structure located off the alley to be converted into a garage apartment resulting in three units on this lot. The site plan indicates the placement of four parking spaces on the site. Two of the spaces are located within the front yard area and two accessed from the alley. The stalls located on the alley are less than the 20 foot typical stall depth and have been indicated for compact automobiles. A screening fence is proposed between the proposed parking and the adjacent single-family house located to the south. No other screening is proposed. Staff is not supportive of the request. Staff does not feel three units is appropriate for this site. The applicant has indicated the site has a history of multiple units but staff cannot find any indication the structure was used for October 30, 2008 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8385 5 anything other than single-family in the past. The area is predominately single-family with the more intense zoning and uses located south of West 28th Street. Staff feels the home should remain single-family. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. George Dumbrava was present representing the request. There were registered objectors present. The Chair informed Mr. Dumbrava that the Commission’s policy was when there were eight or fewer Commissioners present the applicant was offered a deferral of the item to a future meeting. Chairman Taylor stated the reason was an item took six affirmative votes to move the item forward with a positive recommendation. He stated of the Commissioners present Commissioner Laha was going to recuse because of his involvement with the site plan. The Chair stated there were seven voting Commissioners present with Commissioner Laha recusing. Mr. Dumbrava stated he wished to defer. Staff stated the date of public hearing would be October 30, 2008. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the October 30, 2008, public hearing. The motion carried by a vote of 7 ayes, 0 noes 3 absent and 1 recusal (Commissioner Laha). STAFF UPDATE: There has been no change in this item from the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Michelle Park addressed the Commission as the applicant. She stated the desire was to use the site as three units. She stated the site had a history of three units but had not been occupied for the past 20 years or so. October 30, 2008 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8385 6 Ms. Tara Stewart addressed the Commission in opposition. She stated her home was located at 2124 Fair Park. She stated provided the Commission with a petition of the area residents indicating opposition to the request. She stated the neighborhood was coming back block by block. She stated the allowance of a triplex on the site would lower property values for the area. She stated the residents would welcome single-family to the neighborhood. She requested the Commission deny the request to rezone the site for three units. Mr. Joe Busby addressed the Commission in opposition of the request. He stated he was president of the Fair Park Neighborhood Association and a member of the University District Development Corporation. He stated the Fair Park Association as well as the University District were opposed to the request. He stated the desire of the neighborhood was for redevelopment consistent with development in the area. He stated he had a long history of dealing with the site. He stated he had worked with code enforcement and the City for a number of years to determine ownership and to rehab the structures. He stated the current owner bought the property and had indicated his children would live in the home and go to school at UALR. He questioned why if the owner’s children were going to live in the home there was a need for multiple units. He stated the garage had been converted into a unit. He stated the renovations had not passed inspections by the City. Mr. Busby stated the Commission worked with the neighborhood to remove a liquor store on the corner of Fair Park and West 12th Street a number of years ago. He stated the removal of the liquor store was a positive for the neighborhood and a turning point for the area. He requested the Commission continue to work with the neighborhood and approve only positive developments for the area. He requested the Commission deny the request to allow multiple units on the site. Ms. Park stated the desire was for her and her brother to live in the home and go to school at UALR. She stated presently she was commuting from Hot Springs and she desired to live closer to school. She stated the request was to allow three units as was previously located in the home. Commissioner Meyer stated if the desire was for a single-family home then she did not need to come before the Commission. She stated her family wanted the three units to allow one unit to be occupied as a rental unit. There was no further discussion of the item. The chair entertained a motion for approval of the item. The motion failed by a vote of 0 ayes, 9 noes, 0 absent, 1 recusal (Commissioner Laha) and 1 open position. October 30, 2008 ITEM NO.: K FILE NO.: Z-4213-J NAME: The Look Out at Colonel Glenn Long-form PCD LOCATION: Located on the Northwest corner of Colonel Glenn Road and Lawson Road DEVELOPER: R. Huckaby Development Company 30 Bretagne Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.6 acres NUMBER OF LOTS: 3 FT. NEW STREET: 500 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: General Office PROPOSED ZONING: PCD PROPOSED USE: O-3, General Office, C-1, Neighborhood Commercial and C-3, General Commercial VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading of the three lots with the construction of the first building. 2. A variance from the Master Street Plan to allow an increased vertical profile of an arterial street. 3. A variance from the Master Street Plan to allow an increased vertical profile of a minor commercial street. 4. A variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 2 A. PROPOSAL/REQUEST: The property is located at the Northwest corner of Lawson Road and Colonel Glenn Road. The developer intends to subdivide the property into three (3) lots. Lot 1 is proposed for future C-3, General Commercial District uses and Lot 2 is proposed with a spec building with C-1, Neighborhood Commercial uses. Lot 3 is proposed with a seven story office building utilizing O-3, General Office District uses and the allowance of accessory uses as defined in the O-3, General Office Zoning District. Lot 1 will contain 1.32 acres. Lot 2 will contain 1.24 acres and a 14,000 square foot single story commercial building. The site plan indicates the placement of 55 parking spaces with a shared drive located on the property line of Lots 1 and 2 and accessed from Huckaby Corporate Drive. Lot 3 is proposed containing 2.32 acres and 195 parking spaces. Of the seven stories proposed for the office building the first two levels are parking and the remaining levels contain 78,125 square feet of office space. The request includes a variance from the Land Alteration Ordinance to allow grading of the three lots with the construction of the first building. Variances from the Master Street Plan to allow an increased vertical profile of an arterial street and of a minor commercial street are being requested. The applicant is also seeking a variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. B. EXISTING CONDITIONS: The site was cleared with the construction of Bowman Plaza Subdivision located to the east. The grade is such that the center of the site is approximately 60 feet higher than the elevation at the eastern and southern boundaries. To the north is a manufactured home park accessed from Bowman Road. South of the site is a volunteer fire station and east is a parking lot serving the Bowman Plaza Office/Warehouse development. The area is a commercial node containing a convenience store, a neighborhood grocery, branch banks, a number of car dealerships and a movie theater. Colonel Glenn Road is a narrow unimproved road adjacent to the site with open ditches for drainage. Adjacent to this site is a hard curve which is proposed for reconstruction with the redevelopment of abutting properties. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents, who could be October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 3 identified, located within 300 feet and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way for a total width of 110 feet will be required along the frontage of the subject property where the applicant owns both sides of the Colonel Glenn Road per the realignment. In other words the entire right-of-way width will be dedicated from the subject property not just the northern half. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct full street improvements to Colonel Glenn Road including 5-foot sidewalks with the planned development on the new alignment. The full construction of the street for a principal arterial street, which includes 59 feet from back of curb to back of curb should occur from the west curb line of Lawson Road to the applicants west property line. Transition areas should be provided on the east and west sides of the full street construction. Resubmit plans reflecting these changes showing what parts will be built by the applicant as part of this project. 3. Provide vertical profiles of Colonel Glenn Road, Huckaby Corporate Drive and their intersection. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Huckaby Corporate Drive including 5-foot sidewalks on both sides of the street with the planned development. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The east driveway should be removed. The driveway spacing requirement on a principal arterial street is a minimum of 300 feet. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Provide a Sketch Grading and Drainage Plan as required per Section 29- 186 (e). Show all proposed grades, retaining walls heights, slopes, and terraces heights. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 4 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Provide a letter prepared by a registered engineer certifying the intersection sight distance complies with 2004 AASHTO Green Book standards. 10. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 11. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 12. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 13. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 14. Colonel Glenn Road must be constructed per the 2004 AASHTO Green Book which requires Colonel Glenn Road to be superelevated to a maximum slope of 4% per Exhibit 3-14 for a design speed of 45 mph. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve the proposed lots. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Central Arkansas Water needs a 20-foot-wide waterline easement centered over the existing 12-inch water main where public right-of-way is being abandoned or else the 12-inch water main must be relocated to the proposed public right-of-way at the expense of the developer. Please submit plans for water facilities and/or fire protection system to Central October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 5 Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems, which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a Short form Planned Commercial Development for a mixed development of office and commercial uses. The request does not require a change to the Land Use Plan. Master Street Plan: Colonel Glenn Road is shown as 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 Colonel Glenn since it is a Principal Arterial. There is a proposed street on this Planned Development, which would be 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I route is shown along Colonel Glenn Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 6 Landscape: 1. The site plan must comply with the City’s landscape ordinance requirements. 2. The zoning buffer ordinance requires a minimum fifty foot wide (50’) land use buffer along the northern property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 3. The zoning buffer ordinance requires a minimum sixteen and one half foot wide (16.5’) land use buffer along the western property line. Seventy percent (70%) of which is to be left undisturbed. Easements cannot count towards meeting this minimal requirement. 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and the western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. This site plan is being reviewed as an overall development, which will require an automatic irrigation system to water landscaped areas on all lots at the time of development. 6. This site plan is being reviewed as an overall development. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a registered landscape architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff presented the item stating there were additional items necessary to complete the review process. Staff stated details of the proposed signage plan were required including ground mounted and building signage. Staff also stated site lighting was to be low level and directional directed downward and into the site. Staff stated a minimum of 10 to 15 percent of the site was required to be designated as landscaped area. Staff also requested Mr. White provide the percentage of building coverage, the percentage of landscaping and the percentage of paved area in the general notes section of the site plan. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 7 Public Works comments were addressed. Staff stated Colonel Glenn Road was indicated as a principal arterial and would require dedication and street construction per the Master Street Plan. Staff stated the design of Colonel Glenn Road adjacent to the site included removal of the existing “hard curve” with the entirety of the new road construction located on the applicant’s property. Staff stated they would work with the developer to provide the transition with the existing road and the new construction. Staff requested Mr. White provide the vertical profile of Colonel Glenn Road and Huckaby Corporate Drive. Staff questioned Mr. White concerning his plans for grading. Mr. White stated the desire was to haul the excess dirt from this site to a site on Stagecoach Road. He stated the fill site was a separate application request on the agenda the Village at Hidden Creek Apartments Long-form PID (Z-8235-A). There was a general discussion of what would be considered imminent construction on both projects. Staff stated construction was required to begin within eight months of clearing and grading to be considered imminent. Landscaping comments were addressed. Staff stated the site plan proposed along the northern boundary did not comply with the City’s Buffer Ordinance requirements. Staff stated easements could not count in meeting the buffer requirement and 70 percent of the buffer area was to remain undisturbed. Staff also stated since the site plan indicated in excess of 150 parking spaces the interior landscape islands would need to be 300 square feet in area. Mr. White stated the individual lots did not contain in excess of 150 spaces. He stated based on the number of spaces on each of the lots the lots should be allowed the lesser 150 square foot interior islands. Staff stated the interior landscaping would be based on the individual lot development. Staff noted screening would be required on the lots abutting residentially zoned and used property. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. White provided staff with an updated site plan addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. The revised plan indicates the proposed signage plan, a note concerning the site lighting and the percentage of building coverage, the percentage of landscaping and the percentage of paved area in the general notes section of the site plan. The drive on Colonel Glenn has been removed. The applicant has met with staff concerning the street alignment and street construction of Colonel Glenn Road along the property’s frontage. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 8 The development is proposed with three (3) lots. A new public street will be extended from Colonel Glenn Road with all access drives on the new street. The street is proposed with 500 linear feet and constructed with 31 feet of pavement in a 60 foot right of way. A sidewalk will be placed along the east side of the street. As the property to the west is developed the additional sidewalk will be added in this area by the future development to comply with the Master Street Plan. Lot 1 is proposed for future C-3, General Commercial District uses and has not been indicated with a development plan. According to the applicant at the time of development the building footprint and parking areas will be submitted to the City for approval through a revision to the PCD. Lot 1 will contain 1.32 acres. Lot 2 is proposed containing 1.24 acres developed with a spec building utilizing C-1, Neighborhood Commercial uses as allowable uses. The building is proposed containing 14,000 square feet. A total of 55 parking spaces are indicated on the site plan. The parking required for a commercial development is one space per 300 gross square feet. Based on the square footage proposed a total of 46 spaces would typically be required. Building signage is proposed along the front of the building. The building signage will comply with signage allowed in commercial zones or a maximum of 10 percent of the front façade area. A single ground mounted monument style sign is proposed within the front yard area. The sign is proposed with a maximum height of six feet and a total sign area of 120 square feet. The maximum building height is 35 feet. The lot coverage for Lot 2 is 26 percent. The paved area is 42.5 percent and the landscaped and open space area is 31.5 percent. Lot 3 is proposed with a seven-story office building utilizing O-3, General Office District uses and the allowance of accessory uses as defined in the O-3, General Office Zoning District. The lot will contain 2.32 acres. The office building will total 78,125 square feet and 195 parking spaces. Of the seven stories proposed the first two levels are parking with the remaining levels being office space. The parking required for an office development based on the above square footage would be 195 spaces. The maximum building height is 95 feet. Lot 3 has 15.5 percent of building coverage, 33.6 percent paved area and 50.9 percent landscape and open space area. Building signage is proposed along the front of the building. The building signage will comply with signage allowed in office zones or a maximum of 10 percent of the front façade area. A single ground mounted monument style sign is proposed within the front yard area. The sign is proposed with a maximum height of six feet and a total sign area of 120 square feet. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 9 The hours of operation for the retail and office is 6:30 am to 10:00 pm seven days per week. The hours of operation for a restaurant use is 6:30 am to 11:00 pm seven days per week. The dumpster service hours are limited to 6:30 am to 10:00 pm seven days per week. All site lighting is to be low level and directional, directed downward and into the site. The request includes a variance from the Land Alteration Ordinance. The excess fill from this site will be used on a site located on Stagecoach Road near the County line. The fill site is a separate item on this agenda, the Village at Hidden Creek Apartments Long-form PID (Z-8235-A). The trigger for the grading would be when a building permit is pulled for either of the two sites. The entirety of this site would be “brought down” and Tract E and Lots 1 – 6 of the Stagecoach Road site will be filled. Variances from the Master Street Plan to allow an increased vertical profile of an arterial street and of a minor commercial street are being requested. The applicant is also seeking a variance from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. Staff is supportive of the request. The site is indicated as Mixed Office Commercial on the City’s Future Land Use Plan. The development as proposed is a mixed use development of office and commercial uses and is consistent with the City’s plan for the area. To staff’s knowledge there are no outstanding technical issues associated with the request. Although there are variances from the Master Street Plan and the Land Alteration Ordinance staff does not feel these variances will significantly impact the development or the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the three lots with the issuance of a building permit for this site or for the site located on Stagecoach Road, the Village at Hidden Creek Long-form PID. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of an arterial street. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of a minor commercial street. October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 10 Staff recommends approval of the variance request from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) Staff presented the item with a recommendation of deferral of the item to the September 18, 2008, public hearing to allow staff and the applicant time to meet with an adjoining property owner to address their concerns related to the site grading and the retaining wall height. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes proposed from the previous agenda write-up. Staff continues to support the request and the associated land alteration ordinance variance request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 16, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for the waiver of the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant has indicated with the first phase of the development boundary street improvements consisting of the relocation of Colonel Glenn Road to the north to October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 11 improve the existing horizontal curve to arterial standards will be installed. The work will consist of the construction of one-half of a five lane arterial street plus an additional 12 feet of pavement with curb, gutter and sidewalk on the north side. The pavement transitions will be constructed at each end of the new roadway to tie into the existing roadway. The improvements will initially be stripped as a three lane roadway with shoulder on the south side. The applicant will dedicate the full 110 feet of right-of-way through the length of his ownership and excavate the full width of the right-of-way to grade. Future construction to a full arterial standard will be accomplished either when the property to the south has a significant expansion or re-development project, or as a City funded project. The request includes a variance to clear and grade the multi-lot site when construction on the first lot is imminent. Staff is supportive of the variance request to allow grading of the three lots with the issuance of a building permit for this site or for the site located on Stagecoach Road, the Village at Hidden Creek Long-form PID (Z-8235-A). The applicant and an adjoining property owner to the west have agreed to a land swap containing 10,600 square feet which will square up the adjoining property owners eastern property line as it intersects with Colonel Glenn Road. The property owner will have access to the proposed cul-de-sac street at no cost to the owner or any future developer of the property. The adjoining property owner will provide the developer with a temporary slope easement for construction of the cul-de-sac street that will eliminate the need for retaining walls or steep slopes. The entire land use buffer adjacent to the west property line will be removed. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Master Street Plan to allow an increased vertical profile of an arterial street and the variance request from the Master Street Plan to allow an increased vertical profile of a minor commercial street. Staff recommends approval of the variance request from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the Master Street Plan to allow an increased vertical profile of an arterial street and the variance request from the Master Street Plan to allow an increased vertical profile of a minor commercial street. Staff also presented a recommendation of October 30, 2008 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-4213-J 12 approval of the variance request from the Master Street Plan to allow an increased intersection grade at Huckaby Corporate Drive and Colonel Glenn Road. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: L FILE NO.: Z-8386 NAME: Tract 2 Asbury Acres Short-form PD-R LOCATION: Located in the 800 Block of Kirby Road DEVELOPER: Randy James 10 Otter Creek Parkway, Suite A Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Parkway, Suite A Little Rock, AR 72210 AREA: 0.93 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Patio home single-family subdivision VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance to allow an increased lot depth to width ratio variance. A. PROPOSAL/REQUEST: The project consists of 0.93 acres, located on the east side of Kirby Road, just north of Kanis Road. The development is proposed as a residential subdivision containing five lots and one tract with an average lot size of 6,210 square feet. The residential lots are proposed with a five-foot side yard setback and 15-foot rear yard setback. The developer is requesting a 25-foot setback adjacent to Kirby Road. This is a variance from the Subdivision Ordinance, which typically requires the placement of a 30-foot building line adjacent to a collector street (Section 36-256(1)). The development will be accessed via a 45-foot access and utility easement extending from Kirby Road with the Tract containing a October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 2 turn-around for services and emergency vehicles. The development is proposed with a six-foot brick and wood fence located along Kirby Road. The homes are proposed as single story homes. Two building footprints are proposed. One footprint contains 1,800 square feet and the second 2,200 square feet. Both footprints include 400 square feet designated for garages. B. EXISTING CONDITIONS: Kirby Road is a narrow two-lane road with open ditches for drainage. The site is wooded and appears to be relatively flat. South of the site is a warehouse building and north of the site is Chenal Adult Daycare facility. East of the site is vacant property zoned PRD, which has expired, and was approved for a patio home single-family residential development. The area is predominately single-family with a few churches located north of the site. The area south of the site at the intersection with Kanis Road on the east side was recently approved for an office, commercial and mini-warehouse development and on the west side a convenience store was recently approved by the Courts. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet, the Parkway Place Neighborhood Association and the Spring Valley Manor Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kirby 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. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kirby Road including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from the centerline. 3. All driveways shall be concrete aprons per City ordinance. 4. Storm water detention will not apply to the proposed development since the site is less than one acre. October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 3 5. Measures to control additional storm water drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 8. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension and fire hydrant will be required in order to provide service to this property. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Fire Department: Place and install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-2, Single-family to Planned Residential Development to allow five patio style single family homes. The application is within the recommended density of the Land Use Plan and is single family construction. The request does not require a change to the Land Use Plan. Master Street Plan: Kirby Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Kirby Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Rock Creek Neighborhood Plan. The Residential and Community Goal states: “Support a continuous progression of intensity from single-family and multi-family in newly developing areas, placing the multi-family as a buffer between single-family and non-residential uses.” It also states: “Encourage large lot single family development in the area.” Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008) Mr. Pat McGetrick was present. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested Mr. McGetrick provide details of the proposed signage. Staff also requested Mr. McGetrick provide details of the proposed construction materials and building elevations. Staff stated if trash collection was to take place along Kirby Road the site plan should include the location along with an easement. Public Works comments were addressed. Staff stated dedication of right of way 30 feet from centerline was required along Kirby Road. Staff also stated street improvements to Kirby Road were required per the Master Street Plan. Staff October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 5 stated the storm water detention ordinance would not apply to development of the site but requested the developer take measures to not cause damage to adjacent properties. Staff stated a grading permit was required prior to any site grading or tree clearing on the site. Staff noted comments from the various other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. McGetrick provided staff with a revised site plan addressing most of the issues raised at the August 28, 2008, Subdivision Committee meeting. Mr. McGetrick has provided details of the proposed signage, construction materials and building elevations. The plan also indicates garbage collection will be provided at each individual lot and the property owners association will sign the required waiver to allow for collection on this private drive. The lots are proposed as 45-feet in width and 137.8 feet in depth for an average lot size of 6,201 square feet. The lots are indicated with a five-foot side yard setback and a fifteen-foot rear yard setback. The private drive is included within the front building setback. The homes will be constructed with a 47.5-foot front building line from the northern property line resulting in a 7.5 foot building line from the proposed private street. A private drive is proposed to serve the new homes extending from Kirby Road. The drive is proposed as 25-feet in width with a “hammerhead” turn-around located on the eastern most parcel identified as Tract A. The site plan states garbage collection will be provided at each unit. A waiver of damage claims will be provided to allow operation of City owned vehicles on private streets. Tract A contains an area identified as common open space. This common open space area contains 2,100 square feet or 19 percent of the total site area. Each of the individual lots contains 2,000 square feet of private one space or 32 percent of the total lot area. Open space requirements contained within the development standards of the PZD ordinance states a minimum of ten (10) to fifteen (15) percent of gross planned residential district (PRD) areas are to be designated as common usable open space. In addition, single-family, duplex, zero-lot-line and townhouse developments must have a minimum of five hundred (500) square feet of usable private open space per unit. The homes are proposed to be constructed of brick with some siding. The roof pitch proposed is a maximum of 12/12. The site plan indicates the homes will be single story with the option of a basement. The homes will range in size from 1,800 to 2,200 square feet including 400 square feet for a garage. Interior fencing is proposed consistent with fencing typically allowed in single-family residential zones. A perimeter fence is not proposed. Fencing is proposed along Kirby Road. The material of the fence is wood with brick columns. October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 6 Subdivision signage is proposed to identify the proposed development. The sign is proposed consistent with signage typically allowed in residential zones. The sign will be placed within the fence and will not exceed thirty-two square feet in area as typically allowed in residential zones. Signage will be placed on each side of the drive. One sign location is typical allowed. The development is a single-family patio home development constructed consistent with densities allowed in single-family zones. Staff is supportive of the request. Staff feels the development offers a housing style different than is readily available in the nearby neighborhoods. To staff’s knowledge there are no outstanding issues associated with the request. Staff does not feel the construction of five new single-family homes at this location will adversely impact the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Subdivision Ordinance to allow a 25-foot front building line adjacent to Kirby Road. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 16, 2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff stated the deferral request would require a waiver of the Commission’s by-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for the waiver of the Commission’s by-laws with regard to the late deferral request. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: The applicant has submitted a revised drawing to staff reducing the number of lots to three with all lots fronting Kirby Road. Lot 1 is proposed with a lot width of 48.5 feet and a depth of 294.32 feet. The lot is proposed with an 8.06 foot side yard setback along October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 7 the northern perimeter and a 6.43 foot side yard setback along the southern perimeter. Lot 2 is proposed with a 40 foot lot width and a lot depth of 289.21 feet. The lot is proposed with a six foot side yard setback along the northern perimeter and a zero side yard setback along the southern perimeter. Lot 3 is proposed with a 49.29 foot lot width and a 294.0 foot lot depth. The lot is proposed with a 7.10 foot northern side yard setback and a 8.07 foot side yard setback along the southern perimeter. The lots are proposed with a 30 foot front building line as required adjacent to a collector street. The lots will require a variance from the Subdivision Ordinance to allow an increased lot depth to width ratio. The ordinance states no residential lot shall be more than three (3) times as deep as it is wide, except where lots abut a freeway, expressway, or occupied mainline railroad right-of-way, such lots shall have an overall depth of not less than one hundred seventy-five (175) feet in order to ensure proper separation of residences from adjacent thoroughfare or railroad line. The lots as proposed have a lot depth to width ratio in excess of 5:1. Construction of the homes is proposed of brick with some siding. The roof pitch proposed is a maximum of 12/12. The homes will be single story with the option of a basement. The homes range in size from 1,800 to 2,200 square feet including 400 square feet for a garage. Interior fencing is proposed consistent with fencing typically allowed in single-family residential zones. The fencing material proposed is wood with brick columns. Accessory buildings are proposed as typically allowed per the R-2, Single-family zoning district including swimming pools and storage buildings. The request also includes the allowance of home occupations as typically allowed per the R-2, Single-family zoning district. Staff is supportive of the request. The applicant will be required to construct ½ street improvements to Kirby Road with the final platting of the proposed lots. To staff’s knowledge there are no other outstanding issues associated with the request. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also recommends approval of the variance request from the Subdivision Ordinance to allow an increased lot depth to width ratio for the proposed lots. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance October 30, 2008 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8386 8 request from the Subdivision Ordinance to allow an increased lot depth to width ratio for the proposed lots. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 1 FILE NO.: S-867-FFFFFFF NAME: Chenal Valley Tract 1 Preliminary Plat LOCATION: Located on the Northeast corner of Rahling Road and Chenal Parkway DEVELOPER: Deltic Timber Corp. 7 Chenal Club Boulevard Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 9.947 acres NUMBER OF LOTS: 6 FT. NEW STREET: 2,300 LF CURRENT ZONING: C-3, General Commercial and O-2, Office and Institutional PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Subdivision Ordinance to allow the development of lots with a private commercial street, Section 31-231. 2. A variance from the Zoning Ordinance to allow lots sizes less than the typical 2 acre minimum lot size required for O-2, Office and Institutional zoned property, Section 36-280(e)(2). BACKGROUND: A preliminary plat for this site was approved on December 12, 2004. The preliminary plat approved Lots A-G of the Chenal Valley Tract 1 Subdivision. Per Section 31-94(e) a preliminary plat approved by the Planning Commission shall be effective and binding upon the Commission for two (2) years from the date of approval or as long as work is actively progressing, at the end of which time the final plat application for the subdivision must have October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 2 been submitted to planning staff for final approval. The applicant has not provided staff with the final plat application within the required time frame. The preliminary plat approval has expired. A. PROPOSAL/REQUEST: The applicant is requesting the creation of a six lot plat from this 9.947 acre tract. The lots range in size from 1.06 acres to 3.09 acres with the average lot size proposed being 1.7 acres. The development is proposed with 2,300 linear feet of new private street developed to commercial street standards per the Subdivision Ordinance. The lots are proposed developed with a private commercial street constructed in a 60 foot access easement along the rear of the lots to limit the number of curb-cuts along the two abutting arterial streets. The request includes a variance to allow the creation of this private commercial street. The lots are proposed with a 50-foot building line along Chenal Parkway and a 35-foot building line along Rahling Road. The request includes a variance from Section 36-280(e)(2) to allow lots with less than the two (2) acre minimum lot size for O-2, Office and Institutional zoned property. The lot area of Lots 1 and 2 is proposed containing 1.59 and 1.61 acres respectively. The remaining lots are zoned C-3, General Commercial District which requires a minimum lot area of 14,000 square feet. The lots indicated far exceed this minimum requirement. (The applicant has filed a request to rezone the entire plat area to C-3, General Commercial District. This item is scheduled to be before the Commission at their November 13, 2008, public hearing.) The request also includes a variance from the Land Alteration Ordinance to allow advanced grading of the site with the construction of the basic infrastructure for the lots. B. EXISTING CONDITIONS: This wooded site abuts Chenal Parkway and Rahling Road. The property to the north along Chenal Parkway is wooded and the area to the east along Rahling Road is also wooded. South of the site is a developed area containing neighborhood commercial uses, offices, a branch bank and a branch library. Across Chenal Parkway to the west an office building is under construction and a condominium development is also under construction. To the southwest is the Promenade Shopping Center. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site along with the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 75 to 100 foot radial dedication of right-of-way is required per the Master Street Plan at the intersection of Rahling Road and Chenal Parkway. 2. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvements to the proposed streets including 5-foot sidewalks on both sides with the planned development. 3. The proposed street into the subdivision off Chenal Parkway should be designed as a 36 foot commercial street with sidewalks on both sides. This design is inconsistent with street designs standards found in the Master Street Plan. If you have any questions or desire additional information, please contact Bill Henry in Traffic Engineering at 379-1816. 4. The applicant is proposing widening of an additional 12 feet on Chenal Parkway for a right turn lane. At the right-in/right-out driveway, the island should be moved out of the right turn lane. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan along Chenal Parkway. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The proposed west driveway off Rahling Road does not meet the spacing requirements of 300 feet. 7. Show the proposed driveway aprons off the future commercial street. 8. The round-a-bout should be designed per the FHWA design guidelines. 9. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 10. Provide a letter prepared by a registered engineer certifying intersection sight distance at proposed intersections complies with 2004 AASHTO Green Book standards. 11. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 4 12. If an advanced grading variance is approved, a perimeter buffer strip shall be temporarily maintained around disturbed areas and shall be 6% of the lot width and depth with a minimum width of 25 feet and a maximum width of 40 feet. Vegetation must be established on disturbed area within 21 days of completion of harvest activities 13. Per the Master Street Plan since Rahling Road and Chenal Parkway is an arterial/arterial intersection, Rahling Road at the intersection should be constructed with dual left turn lanes, 2 thru lanes, and a right turn lane. 14. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 15. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 16. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 17. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 18. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 19. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact LRWWU for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 5 the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested Mr. White provide the average lot size in the general notes section of the preliminary plat. Staff also requested the developer provide the proposed building lines along the cul-de-sac. Staff stated the proposed rear drive was to be constructed to Commercial Street standard including curb, gutter and sidewalk on both sides. Public Works comments were addressed. Staff stated the proposed plat should include street construction and widening along Chenal Parkway to add a right turn lane. Staff stated the drives indicated on the plat along Chenal Parkway and Rahling Road were right in and right out accesses which staff supported. Staff stated streetlights were required per Section 31-403 of the code of ordinances. Staff also October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 6 questioned the limits of the proposed grading and the time frame for the grading to occur. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided the average lot size in the general notes section, provided the building line along the cul-de-sac street and provided the limits of grading and the time frame for grading. The request is to allow the creation of a six lot plat from this 9.947 acre tract. The lots range in size from 1.06 acres to 3.09 acres with the average lot size proposed being 1.6 acres. The lots as proposed require a variance from the O-2, Office and Institutional zoning district to allow the creation of lots with less than the two acre minimum requirement (Section 36-280(e)(2)). Staff is supportive of the variance request. The applicant has filed a rezoning request for this site to zone the entire plat area to C-3, General Commercial District to clarify the current zoning lines. This request will be heard by the Commission at their November 13, 2008, public hearing. The lots as proposed, are more than adequate to meet the lot development criteria for C-3, General Commercial District zoned property. A 50-foot building line along Chenal Parkway and a 35-foot building line along Rahling Road are indicated. The building lines are more than adequate to meet the typical building setback for C-3, General Commercial District and O-2, Office and Institutional zoned property. The development is proposed with 2,300 linear feet of new private street developed to commercial street standards per the Subdivision Ordinance. The private commercial street will be constructed in a 60 foot access easement along the rear of the lots to limit the number of curb-cuts along the two abutting arterial streets. Along Chenal Parkway a right in right out curb cut is proposed along the common lot line of Lots 3 and 4. On Rahling Road, a right in right out curb cut is proposed on the common lot line of Lots 4 and 5. The plat indicates a variance request to allow the creation of a private commercial street or access easement along the rear of the lots. The access easement will be constructed to the standards established by the Subdivision Ordinance. October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 7 The applicant has not addressed the vehicular acceleration lane on Chenal Parkway. A vehicle acceleration lane should be constructed for left turns onto Chenal Parkway per AASHTO standards. One of the dual left turn lanes in and out of the site should be striped out until a signal light is installed when traffic warrants are met. The applicant must also provide a certification prepared by a professional engineer of sufficient intersection site distance per AASHTO standards. The preliminary plat has removed the round about on the new private street located along the western perimeter. Staff recommends this round-a-bout be installed at the proposed 4 way intersection. The request includes a variance from the Land Alteration Ordinance to allow advanced grading of the site with the construction of the basic infrastructure for the lots. According to the applicant, the variance request is necessary to allow the site to balance and allow the basic infrastructure to be installed during the first phase of construction. The grading will take place for the entire site when development is imminent on the first lot. Staff is supportive of the proposed preliminary plat and the associated variances. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the creation of this six lot plat proposed for future development is appropriate for this site. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow the creation of lots with less than the two acre minimum requirement of the O-2, Office and Institutional Zoning District. Staff recommends approval of the variance request to allow the creation of a private commercial street to serve the lots. Staff recommends approval of the variance request from the Land Alteration Ordinance to allow grading of the entire site with the development of the first lot. Staff recommends a vehicle acceleration lane should be constructed for left turns onto Chenal Parkway per AASHTO standards. One of the dual left turn lanes in and out of the site must be striped out until a signal light is installed when traffic warrants are met. Staff recommends the applicant provide a certification prepared by a professional engineer of sufficient intersection site distance per AASHTO standards. Staff recommends a round-a-bout be installed at the proposed 4 way intersection within the site. October 30, 2008 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-FFFFFFF 8 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request to allow the creation of lots with less than the two acre minimum requirement of the O-2, Office and Institutional Zoning District. Staff also presented a recommendation of the variance request to allow the creation of a private commercial street to serve the lots and the variance request from the Land Alteration Ordinance to allow grading of the entire site with the development of the first lot. Staff presented a recommendation a vehicle acceleration lane be constructed for left turns onto Chenal Parkway per AASHTO standards. One of the dual left turn lanes in and out of the site must be striped out until a signal light is installed when traffic warrants are met and the applicant provide a certification prepared by a professional engineer of sufficient intersection site distance per AASHTO standards. Staff presented a recommendation a round-a-bout be installed at the proposed 4 way intersection within the site. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 2 FILE NO.: S-1622 NAME: Skyhawk Circle Preliminary Plat LOCATION: Located at 4500 Skyhawk Circle DEVELOPER: Rebekah Price 4500 Skyhawk Circle Little Rock, AR ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.78 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C – Current request to revoke the zoning and restore R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: A variance to allow the creation of lots utilizing private streets, Section 31-231. The applicant requested on October 13, 2008, this item be deferred to the December 18, 2008, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request on October 15, 2008, requesting the item be deferred to the December 13, 2008, public hearing. Staff stated they were supportive of the deferral request. October 30, 2008 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1622 2 There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 3 FILE NO.: S-1623 NAME: Las Brisas Addition Preliminary Plat LOCATION: Located on the East side of Chicot Road between Hillsboro and Bunch Roads DEVELOPER: Paul Harvey P.O. Box 192607 Little Rock, AR 72219 ENGINEER: Marlar Engineering 5318 John F. Kennedy Boulevard Little Rock, AR 72116 AREA: 57.54 acres NUMBER OF LOTS: 172 FT. NEW STREET: 10,200 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.06 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is to allow the creation of a 172 lot subdivision from this 57.54 acre tract developed in three phases. The average lot size proposed is 8,750 square feet. The site is located along the City limits of Little Rock adjacent to an abandoned railroad line. A total of 10,200 linear feet of new public street will be constructed with the development. Two entrances from Chicot Road are proposed, both constructed in the first phase. The development is proposed consistent with the development criteria for R-2, Single-family zoned property. October 30, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1623 2 B. EXISTING CONDITIONS: The site is wooded lying on the east side of Chicot Road adjacent to the City limits and an abandoned railway line. The area contains a mix of uses but is primarily residential. Across from the site is a property zoned PID which appears to be used by office warehouse users. The buildings appear to be unoccupied. North of the site is the Deer Meadow Subdivision with new residential homes currently under construction. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All abutting property owners of the site along with the Deer Meadow Neighborhood Association, the Oxford Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Chicot 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. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Chicot Road including 5-foot sidewalks with the planned development. The new back of curb will be placed 29.5 feet from centerline. 3. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. Portions of the area of the detention pond shows to be within 100 year floodplain. Finished floor elevation of one (1) foot above the base flood elevation is required to be shown on plat for Lots 66 through 78. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. In residential subdivisions, clearing and grading is only allowed within the right-of-way and drainage and utility easement. 5. Storm water detention ordinance applies to this property. Show the location of the outfall and the drainage path from the detention pond outfall. October 30, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1623 3 6. Due to 174 lots being proposed and the expected volume of traffic, Buena Vista Drive to Cartegena Drive, Libertad Drive and Del Lago Lane to Cartegena Drive should be constructed as a 36 foot collector street standards within a 60 feet of right-of-way. 7. Due to the long stretches of straight street in the subdivision; high traffic speed are expected on residential street potentially causing unsafe conditions. To reduce expected speeds, roundabouts should be installed at Beuna Vista Drive and Cartegena Drive; Velle Verde Drive and Cartegenta Drive; and Valle Verde Drive and Buena Vista Drive. If you have any questions or desire additional information, please contact Bill Henry in Traffic Engineering at 379-1816. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 13. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvements to these streets including 5-foot sidewalks with the planned development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. An existing sewer main outfall is located on the property. Easements must be provided for existing sewer main and no retention pond construction will be allowed within the easement. Entergy: Approved as submitted. Center-Point Energy: No comment received. October 30, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1623 4 AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Installation of a water main extension and fire hydrants will be required in order to provide service to this property. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. David Jones of Marlar Engineering and Mr. Paul Harvey, the applicant, were present representing the proposed plat. Staff presented an overview of the development stating the plat was proposed in three phases with two accesses to Chicot Road. Staff noted the railroad line had been abandoned but the railroad did maintain the right of way. Staff requested Mr. Jones provide in the general notes section of the plat a note if fencing was proposed within the setback along Chicot Road. Staff also requested Mr. Jones provide a no right of vehicular access easement along the rear of the lots abutting Chicot Road. Public Works comments were addressed. Staff stated a special grading permit would be required for areas located within the 100 year flood plain. Staff also requested roundabouts and traffic calming devices be placed on several of the streets due to the long stretches of straight streets. Staff questioned the timing of October 30, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1623 5 the street improvements to Chicot Road. Mr. Jones stated the improvements to Chicot Road would be completed in the first phase. Staff noted Wastewater’s comment related to the location of an existing sewer main. Mr. Jones stated he would work with Wastewater to relocate the sewer line or to redesign the detention storage to eliminate Wastewater’s concern related to detention located over the line. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Jones provided staff with an updated preliminary plat addressing a number of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has indicated a 10-foot no right of vehicular access easement on the rear of the lots abutting Chicot Road and provided a note on the plat indicating a six foot fence will be installed on the property line of the lots abutting Chicot Road. The revised plat also indicates traffic calming devices within the subdivision and a note stating all street improvements to Chicot Road will be completed in the first phase of development of the subdivision. The request is a preliminary plat for the creation of a 172 lot subdivision from this 57.54 acre tract. The development is proposed in three phases with approximately 70 lots developed in each of the first two phases and the remaining 35+ lots developed in the final phase. The minimum lot size proposed is 70 feet by 120 feet or 8,400 square feet. The average lot size proposed is 8,750 square feet. The lots are proposed with building lines and setbacks per the typical ordinance standards for R-2, Single-family zoned property. A total of 10,200 linear feet of new public street will be constructed with the development and improvements to Chicot Road will be completed per the Master Street Plan requirements including curb, gutter and sidewalk with the first phase of development. Two entrances from Chicot Road are proposed, both constructed in the first phase to comply with the Section D107 of the 2006 International Fire Code. The applicant is seeking a variance to allow the placement of a 6-foot fence with in the required setback along Chicot Road. The zoning ordinance typically limits the height of fencing within the required setback to 4-feet. The developer has indicated the fence along Chicot Road will be installed at the time these lots are final platted. The developer has also indicated subdivision signage will be October 30, 2008 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1623 6 incorporated into the fencing and will be placed at both entrances to the subdivision. Staff is supportive of the fencing and signage as indicated. Staff is supportive of the development as proposed. The lots are proposed consistent with development standards per the R-2, Single-family zoning district. The only variance to the request is to allow the placement of fencing within the required building setback which staff does not feel will significantly impact the development or the area. To staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow a six foot fence within the required building setback along Chicot Road. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request to allow a six foot fence within the required building setback along Chicot Road. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 4 FILE NO.: S-1624 NAME: Chicot NWA Preliminary Plat LOCATION: Located on the Southeast corner of Chicot Road and Mabelvale Cut-off Road DEVELOPER: General Properties 4801 North Hills Boulevard North Little Rock, AR 72116 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.2 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.06 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow advanced grading of the lots with the development of the first lot, Chapter 29, Article VI. 2. A variance to allow reduced driveway spacing along an arterial, Section 31-210. 3. A deferral of the required right turn lane to Chicot Road until Lot 1 is final platted. A. PROPOSAL/REQUEST: The applicant is proposing a preliminary plat to allow the creation of four lots from this 4.2 acre parcel. The property is zoned C-3, General Commercial District and is located at the intersection of Chicot and Mabelvale Cut-off Roads. The lots will average 1.0 acre with the corner lot containing 1.28 acres. A deferral of the required right turn lane to Chicot Road is proposed. The improvements will be put in place with the final platting of Lot 1. October 30, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1624 2 The development is proposed with two (2) variances; a variance from the Land Alteration ordinance to allow grading of the entire site with the development of the first lot and a variance from the Subdivision Ordinance to allow a reduction in the minimum driveway spacing requirement along an arterial. B. EXISTING CONDITIONS: The site is located at the intersection of Chicot Road and Mabelvale Cut-off Road and is currently vacant. The street improvements to the abutting roadways appear to be completed. The intersection is a commercial intersection with a convenience store located to the north and a drive-in restaurant to the west. Along Mabelvale Cut-off to the east and west are single-family homes. To the south along Chicot Road are single-family homes and further south is Chicot Elementary School. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All abutting property owners of the site along with the West Baseline Neighborhood Association, the Chicot Neighborhood Association, the Rob Roy Way Neighborhood Association, the Legion Hut Neighborhood Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Chicot Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 45 feet from centerline will be required. Per the Master Street Plan where a principal arterial street intersects a minor arterial street, the subdivider or applicant shall dedicate additional right-of-way measured from the centerline of the right-of-way for a right turn lane to be constructed by this applicant and a future additional left turn lane. This additional right-of-way shall be 250 feet in length measured from the intersecting right-of-way. 2. The Master Street Plan requires at the intersection of Chicot Road and Mabelvale Cut-Off right-of-way to a radius of 75 feet to 100 feet. 3. Mabelvale Cut-Off is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct a right turn lane on Chicot Road including October 30, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1624 3 5-foot sidewalks on the property line with the planned development. The right turn lane should be constructed along the entire frontage of the property with no taper. If you have any questions or desire additional assistance, please contact Bill Henry in Traffic Engineering at 379-1816. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. An advanced grading permit variance has been requested. 7. Vegetation must be established on disturbed area within 21 days of completion of grading activities. 8. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access centered on the lot line between Lots 2 and 3. The width of driveway must not exceed 36 feet. The driveway of Chicot Road can remain. 9. An access easement should be indicated for Rob Roy Way. 10. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 12. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). The Little October 30, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1624 4 Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Routes #17 – Mabelvale-Downtown and #17A – Mabelvale-UALR. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Joe White was present representing the request. Staff stated there were two variances being requested for the proposed plat. Staff questioned the driveway locations and the proposed use of Rob Roy Way. Staff stated an access easement should be included on the plat within the area Rob Roy Way crossed the applicant’s property. Staff stated the zoning of the plat area was C-3, General Commercial District. Public Works comment were addressed. Staff stated the proposed development would require street construction to Mabelvale Cut-off to meet the current Master Street Plan standard. Mr. White questioned why improvements were required since the intersection was just recently completed. Staff stated a meeting with Public Works staff should be organized to discuss the need and all options. Staff questioned the request for advanced grading. Mr. White stated there were very few trees on the site and the ability to level the entire site with the construction of the first building would allow for the site to balance eliminating the need for hauling of fill onto or off the individual lots at the time of development. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. October 30, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1624 5 H. ANALYSIS: The applicant submitted a revised plat to staff addressing most of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has indicated Rob Roy Way as an access easement and indicated on the plat a note stating if access to Rob Roy Way is taken to serve the proposed lots, Rob Roy Way would be constructed to commercial drive standard per the Subdivision Ordinance. The plat indicates a dedication of right of way along Chicot Road and Mabelvale Cut-off per the Master Street Plan. A deferral of the required street construction is proposed for the right turn lane on Chicot Road. Street construction is proposed with the final platting of Lot 1. Staff is supportive of the deferral request. The request includes a variance from the Subdivision Ordinance to allow a reduction in the typical driveway spacing requirement. The drive on Chicot Road is located 60 feet from the southern property line and 250 feet from the intersection of Chicot Road and Mabelvale Cut-off. Two drives are proposed to serve the lots. A drive is proposed from Chicot Road on Lot 1 near the southern property line and a second drive on Mabelvale Cut-off shared on the property line of Lots 2 and 3 has been indicated. No additional drives or access are proposed. Lot 4 will gain access via the 25-foot cross access easement extending from the drive located on Lot 1 and across the front of the remaining lots. The preliminary plat is to allow the creation of four (4) lots from this 4.2 acre parcel of C-3, General Commercial District zoned property. The lots will average 1.0 acre with the corner lot containing 1.28 acres. The lots are more than adequate to meet the typical minimum ordinance requirements for this zoning district. A variance from the Land Alteration Ordinance is proposed. The applicant has indicated the variance is necessary to allow the development of the lots and balance the site. The grading also allows the creation of the cross access easement during the initial phase of construction. Staff is supportive of the preliminary plat and the associated variance requests. The development is proposed as a commercial subdivision to allow the creation of four lots all in excess of the typical minimum ordinance standards for the C-3, General Commercial zoning district. To staff’s knowledge there are no outstanding issues associated with the request. October 30, 2008 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1624 6 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the Land Alteration ordinance to allow grading of the entire site with the development of the first lot. Staff recommends approval of the deferral request of the required right turn lane on Chicot Road until the final platting of Lot 1. Staff recommends approval of the variance request to allow reduced driveway spacing for lots abutting an arterial street. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from the Land Alteration ordinance to allow grading of the entire site with the development of the first lot and the deferral request of the required right turn lane on Chicot Road until the final platting of Lot 1. Staff presented a recommendation of approval of the variance request to allow reduced driveway spacing for lots abutting an arterial street. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 5 FILE NO.: S-1575-A NAME: Broadway Subdivision Site Plan Review LOCATION: Located at 3315 West Roosevelt Road DEVELOPER: Herbert Broadway 1921 West 16th Street Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 12 VARIANCES/WAIVERS REQUESTED: A variance from Section 36-502 to allow a reduced number of parking spaces for the proposed use mix of the site. BACKGROUND: On July 5, 2007, the Little Rock Planning Commission approved a Subdivision Site Plan Review to allow the existing buildings located on the site to be rehabbed. The rear building was to become a restaurant and lounge. The approval also required the front building to comply with the available parking on-site or return to the Planning Commission for site plan review. The site plan indicated 48 parking spaces. Of the 48 spaces the restaurant and lounge would require 40 of the spaces leaving eight spaces available for the front building. During the renovation process of the front building the applicant added a second floor to the building containing approximately 3,000 square feet. This area was added without proper permits or inspections. October 30, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1575-A 2 A. PROPOSAL/REQUEST: The developers have rehabbed the buildings converting the front building into a private club/lounge and the rear building as a restaurant. The rear building is a one-story building containing 2,360 square feet. The front building is a two story building containing approximately 8,000 square feet with a building envelope of 5,124 square feet. The request includes a variance from Section 36-502 to allow a reduced number of parking spaces for the proposed use mix. The site plan indicates the placement of 49 parking spaces to serve the development. The applicant has proposed in their cover letter to only operate one facility at a time until additional parking can be obtained. By limiting the hours to only operate one facility at a time the front building remains approximately 30 parking spaces short of the ordinance standard. B. EXISTING CONDITIONS: There are two commercial buildings located on the site. The required street construction from the previous approval has been completed along Roosevelt Road. Both buildings have been renovated with a private club in the front building and a restaurant in the rear building. There are a number of industrial, commercial and office uses in the area. To the west of the site is a vacant property and further west a nursing home. The Pulaski County Detention Center is located to the east of the site. North of the site is vacant property. Further north of the site are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site along with the Love and Goodwill Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Roosevelt Road is classified on the Master Street Plan as a principal arterial with a special design standard. Dedication of right-of-way to 35 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Roosevelt Road October 30, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1575-A 3 including 5-foot sidewalks with the planned development. (The one-half street improvements have been installed.) 3. The driveways are proposed to be one-way. Proper signage and directional arrows to reflect this condition shall be provided at these driveways. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved a submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: No comment. County Planning: No comment. CATA: The site is located on CATA Bus Route #14 – the Rosedale Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: All landscaping must be installed as per the currently approved landscape plan. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was not present. Staff stated the site had previously been considered for site plan review. Staff stated the approval allowed the renovation of the rear building for a restaurant and the front building was to be used by a user which matched the available parking. Staff stated the developer had renovated both buildings. Staff stated the front building had been renovated for a October 30, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1575-A 4 lounge and the rear building renovated for a restaurant. Staff stated the request before the Commission was for a parking variance. Staff stated the parking variance was required to allow the two uses on the site as proposed. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues in need of addressing raised at the October 9, 2008, Subdivision Committee meeting. The request is to allow a parking variance for the two uses located on this site. The developers have rehabbed the two (2) buildings converting the front building into a private club/lounge and the rear building into a restaurant. The paving for the parking lot has not been completed but curbs have been installed and the sub-base appears to be in place. The rear building is a one-story building containing 2,360 square feet which is proposed as the restaurant. The front building is a two story building containing approximately 8,000 square feet with a building envelope of 5,124 square feet and is proposed as a private club/lounge. The request includes a variance from Section 36-502 to allow a reduced number of parking spaces for the proposed use mix. The site plan indicates the placement of 49 parking spaces to serve the development. Based on the minimum parking requirements for a restaurant and private club/lounge a total of 103 parking spaces is required. The applicant has proposed in their cover letter to only operate one facility at a time until additional parking can be obtained. The restaurant would provide bar food service for the private club/lounge during the hours the club is operational. The restaurant requires 23 parking spaces. The private club/lounge requires 80 parking spaces. By limiting the hours to only operate one facility at a time the front building remains approximately 30 parking spaces short of the typical ordinance standard. Staff has concerns with the parking variance as proposed. The request is providing less than 50 percent of the required parking to allow the two uses to operate simultaneously and only 61 percent of the required parking required to serve the private club/lounge if the uses vary their hours. The site plan indicates a 5,124 square foot building envelope for the private club/lounge with the remaining area on the second floor. If the applicant were to commit to only using the first floor area of the private club/lounge area staff would support the parking variance to allow 49 spaces as opposed to the 51 spaces which would be required by the ordinance. Based on the current application, staff is opposed to the parking variance request. October 30, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1575-A 5 I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as proposed. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant had amended the request to limit the square footage used in the front building to just over 6,000 square feet. Staff stated the remainder of the upstairs area would be secured to ensure the owner did not allow access to the space for additional floor area. Staff stated the applicant was also proposing to alternate the uses. Staff stated based on the current proposal 60 parking spaces would typically be required for the front building if the two uses were alternated. Staff stated the site contained 49 parking spaces. Staff stated this left the development 11 spaces short of the typical requirement and the developer was seeking a parking variances for the lesser number of spaces. Staff stated they were supportive of the variance as proposed. Mr. Ron Wood addressed the Commission on behalf of the applicant. He stated the owner had taken to eye sore buildings and rehabbed the buildings into an asset to the community and the area. He stated to owner had taken the project out of order but was not trying to follow the rules and get appropriate approvals for the new businesses to locate on the property. Andre Jones, Pastor of New Perspective Christian Church addressed the Commission in opposition of the request. He stated his church was located directly north of the property. He stated his concern was with a club or lounge on the site. He stated the church had activities on Friday and Saturday nights and the youth had a number of activities during the week. He stated he was concerned with the patrons of the club and he was also concerned with the patrons utilizing the church’s parking lot and leaving debris on the lot. He questioned how a club could locate in such close proximity to a church. He stated the City had an ordinance which did not allow a bar or club to operate within 1000 feet of a church or school. The Commission questioned the City Attorney on the City ordinance refereed to by Mr. Jones. Ms. Cindy Dawson, Deputy City Attorney stated she did not have the ordinance in front of her and was not sure of the restrictions within the ordinance. Staff stated the proposal before the Commission was a parking variances. Staff stated the property was zoned C-3, General Commercial District which allowed a restaurant and a bar as an allowable use. Staff stated if there were conflicts this would be addressed by the department or agency responsible for administering the ordinance. October 30, 2008 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-1575-A 6 Mr. Kadrick Jones addressed the Commission in opposition. He stated he was also associated with the church. He stated the youth frequently had lock-ins at the church. He stated he did not feel a bar across the street was a good neighbor to the church. There was a general discussion concerning the proposed request. Staff noted the request was a subdivision site plan review and an associated parking variance. Staff stated the item was originally reviewed by the Commission because of the multiple structures on a single parcel of property. Staff stated the request before the Commission was a parking variance and the appropriateness of the parking variance. Mr. Wood stated the owner was working to secure additional parking on an adjacent site. He stated he felt the owner would be successful in providing the parking. The Commission question how the staggering of uses and the limitation of the square footage on the second floor would be policed. Staff stated they relied on the owner and if there were complaints then staff would take appropriate action for enforcement. A motion was made to approve the request. The motion failed by a vote of 5 ayes, 5 noes, 0 absent and 1 open position. October 30, 2008 ITEM NO.: 6 FILE NO.: Z-6640-A NAME: Bailey Revised Short-form POD LOCATION: Located at 1723 North University Avenue DEVELOPER: Mary Jane Bailey 2112 County Club Lane Little Rock, AR 72207 SURVEYOR: Ollen Dee Wilson P.O. Box 604 North Little Rock, AR 72115 AREA: 0.14 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Bailey Real Estate and Insurance Office, Single-family PROPOSED ZONING: Revised POD PROPOSED USE: General and Professional Office, Single-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,014, adopted by the Little Rock Board of Directors on May 18, 1999, rezoned this site from R-2, Single-family to POD for the applicant’s use of the single- family residential structure as a real estate office and insurance office and single-family as an alternative use. The office use of the property could not be transferred to a future office user without approval of an ordinance revising the POD. The hours of operation were approved from 8:00 am to 5:30 pm Monday through Friday, with some weekend activity. The Board of Directors also approved a deferral of the right of way dedication for Cantrell Road and University Avenue and the required street improvements until the property was redeveloped. The specifics of the deferral were for right of way dedication October 30, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6640-A 2 on Cantrell Road and University Avenue beyond dedication to 30 feet on Cantrell Road and 27 feet on University Avenue. The deferral included a deferral of the improvements of the corner radius and a 5 foot sidewalk on University Avenue. (Ordinance No. 18,015 adopted May 18, 1999) A. PROPOSAL/REQUEST: The applicant is now requesting a revision to the POD to allow the site to be marketed to general and professional office users. The applicant is requesting single-family as an allowable alternative use for the property. There are no exterior changes proposed for the site. The site contains three (3) parking spaces accessed from the alley. The structure is a single story frame residential structure containing 1,294 square feet. The hours of operation are proposed as were previously approved. B. EXISTING CONDITIONS: The site contains a 1,294 square foot structure currently occupied by Bailey Real Estate Company. Access to the site is gained by utilizing an existing 20 foot alley which is located along the east property line. Three parking spaces have been constructed within the rear yard area and a screening fence has been located along the southern property line. There are single-family residences located immediately south of the site, across the alley to the east and across University Avenue to the west and northwest. Office and commercial uses are located across Cantrell Road to the north. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Heights Neighborhood Association, the Forest Park Neighborhood Association and the Normandy Shannon Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. University Avenue is classified on the Master Street Plan as a principal arterial. Future dedication of right-of-way will be 65 feet from centerline due to the arterial-arterial intersection when the property re-develops. No dedication is required with this application. October 30, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6640-A 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. CATA: The site is located on CATA Bus Route #21 – the University Avenue Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for Revised Short-form POD. The request does not change the structures and maintains the office use with the possibility of returning to single-family use, no Land Use Plan amendment is required. Master Street Plan: Cantrell Road and University Avenue are both Principal Arterials. 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 both of these streets since they are Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Heights Neighborhood Plan. The Zoning Goal states: “Require all non-residential development to submit a PZD for zoning changes. We do not support any zoning changes that are in conflict with the Future Land Use Plan. Any change must be consistent with the character of the neighborhood.” October 30, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6640-A 4 Landscape: No comment on the proposed change in the allowable use of the property. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was not present. Staff presented the item stating the request was to change the proposed use of the property. Staff stated the original application allowed Ms. Bailey to operate her real estate office from the site as well as an insurance office. Staff stated the approval was not a transferable use. Staff stated the request was now to offer the site for sale to general and professional office users. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 9, 2008, Subdivision Committee meeting in need of addressing. The applicant is proposing a revision to the previously approved Planned Office Development, POD, to allow the use of this site as a general and professional office use. The previous approval limited the office zoning to the applicant’s occupancy and did not allow for the office use to transfer to future users. The cover letter indicates potential users are real estate, insurance, investment firm, law office, etc. The hours of operation are proposed as previously approved from 8:00 am to 5:30 pm Monday through Friday with some weekend activity. Staff is not supportive of the proposed change to allow a general and professional office user without knowing the specifics of the future user. The original approval was limited to Bailey Real Estate and Insurance. The hours of operation were restricted and the number of employees was also restricted. Real estate and insurance office uses typically do not generate a great deal of customer traffic which lessen the need for parking. This may not be the case of a future office user. Single-family was approved as an alternative use for the property. Staff was not supportive of the original application and staff is not supportive of the current request. The reason for staff’s non-support are similar to concerns raised with the initial application. Staff has concerns with the limited number of parking spaces. The site contains three parking spaces and the request includes the allowance of three employees. If all employees are on-site there is no place for customers to park without blocking the alley or driveway, which was a concern with the original application. Also as previously stated staff feels the residential boundary lines have been established over the years in this area and should be maintained. There have been requests to allow the conversion of homes and structures to office and commercial uses along the south side of Cantrell Road in this area over the past few years. Staff has consistently not supported these request or inquiries. Staff feels an office use in this area is not appropriate and is not compatible with the adjacent single-family homes. October 30, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6640-A 5 I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Ms. Mary Jane Bailey was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Bailey addressed the Commission on the merits of her request. She stated she was going to try to address staff’s primary objections. She stated the site was different than the remaining homes on the south side of Cantrell Road such that the home faced University Avenue and did not face an adjoining home. She stated the home was cut-off from the remainder of the neighborhood by the median on University Avenue. She stated the site had three parking spaces, which served the needs of the office use. She stated the UPS and Postman used the parking lot area to serve the homes fronting on University Avenue since there was no front access to the homes on University Avenue. She stated the future uses of the site would be limited by the zoning. She stated the hours of operation, the number of employees and the use of the building would be a condition of the approval. Ms. Bailey provided the Commission with letters of support for the request indicating the office use had not impacted the adjoining residential homes. Ms. Ruth Bell addressed the Commission in opposition. She stated she was representing the League of Women Voters on the issue and the League felt the site should not be allowed to become office. She stated the site was a viable site as a residential use. She stated the homes in the area were different than the Heights area in that the homes were affordable. She stated if the property was opened up for more intense use this would most definitely impact the future uses of the adjoining homes and the possibility of these homes also becoming a non-residential use. Ms. Bailey stated the limits would be a part of the approval. She stated the hours of operation would not change, the site would be limited to three employees and the uses anticipated were quiet office uses. The Commission questioned Ms. Bailey as to potential tenants. She stated she had received calls from an attorney, a CPA and a counselor. The Commission questioned if Ms. Bailey would consider withdrawing the item until she had a buyer. Ms. Bailey stated this was not acceptable. She stated without the zoning she would not be able to sell the October 30, 2008 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-6640-A 6 site. The Commission questioned if she was willing to defer the item and come back to the Commission when she had a potential buyer for the property. She stated this was acceptable. The Commission questioned if the application were denied would she be limited to the one year rule for filing a new application. Staff stated they felt if she had a user then a new application could be filed within one year of the denial because the application would be substantially different. There was a general discussion as to when the item would come back to the Commission. Commissioner Adcock requested a deferral of the item to the February 5, 2009, public hearing. A motion was made to defer the item to the February 5, 2009, public hearing. The motion carried by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. October 30, 2008 ITEM NO.: 7 FILE NO.: Z-8398 NAME: Hair N’ Motion Short-form PCD LOCATION: Located South of West 46th Street between John Barrow Road and Ludwig Street DEVELOPER: Rickey M. Evans 10 Orange Blossom Circle Little Rock, AR 72210 SURVEYOR: Brooks Surveying Inc. 20820 Arch Street Pike Hensley, AR 72095 AREA: 0.64 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Hair salon and General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is requesting a rezoning of this site from R-2, Single-family to Planned Commercial Development (PCD) to allow the construction of a new commercial/office building. The building is proposed with 2,161 square feet of space and divided into sections for the two uses. The hair salon will occupy the area fronting on John Barrow Road and the office will front Ludwig Street. Parking is proposed for each use with driveway access from West 46th Street and from Ludwig Street. Eight parking spaces are proposed to serve the office development and twelve parking spaces are proposed to serve the salon. October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 2 Building signage is proposed along John Barrow Road and Ludwig Street. Ground mounted signage is proposed within the front yard landscape area of John Barrow Road and Ludwig Street. B. EXISTING CONDITIONS: The area of the site along Ludwig Street is wooded and the area along John Barrow Road was previously cleared and is grass covered. There are single-family homes located to the south, north and west along Ludwig Street as well as to the east across John Barrow Road. South of the site on John Barrow Road, at the intersection with Colonel Glenn Road is an automobile parts store, Auto Zone. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of this site and the John Barrow Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. John Barrow Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that Ludwig Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of 46th and Ludwig Streets. 4. Sidewalks with appropriate handicap ramps are required to be installed along 46th Street in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 3 7. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 8. Provide a Sketch Grading and Drainage Plan as required per Section 29-186 (e). 9. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of John Barrow Road with 46th Street. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway on John Barrow Road does not meet the required spacing from 46th Street. The property must take access from 46th Street instead. The width of driveway must not exceed 36 feet. 11. If not already installed, streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water Works regarding the size and location of the water meter(s). Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 4 Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. A Capital Investment Charge based on the size of the meter connection(s) may apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant is for Hair N’ Motion Short-form Planned Commercial Development. The requested use does not require a change to the Land Use Plan. Master Street Plan: John Barrow is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on John Barrow Road since it is a Minor Arterial. West 46th and Ludwig Streets are shown as Local Streets. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the John Barrow Neighborhood Plan. The Business and Commercial Goal states: “To enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 5 2. The zoning buffer ordinance requires a nine (9) foot wide land use buffer next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. 3. Any property that is zoned residential next to this site will require a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings. 4. The landscape ordinance requires a nine (9) foot wide perimeter landscaping strip around the sites entirety. All variances from this minimal ordinance requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 5. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 6. A water source must be located within seventy-five foot (75) of all landscaped areas. 7. A small amount of building landscaping will be required. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Rickey Evans was present representing the request. Staff presented the item stating there were some concerns with the site’s layout and accesses. Staff stated no access to John Barrow Road would be allowed. Staff stated the site could utilize West 46th and Ludwig Streets for access. Staff also stated the drive located in the rear of the building should be removed. Staff stated this would allow for additional setbacks and the required landscaping in this area. Staff questioned signage both building and ground mounted. Staff also questioned the location of the dumpster facility and the hours of dumpster service. Public Works comments were addressed. Staff stated a radial dedication would be required at the intersection of John Barrow Road and West 46th Street and also at the intersection of West 46th Street and Ludwig Street. Staff stated a dedication of right of way 30 feet from centerline was required on Ludwig Street. Staff noted the parking lot was undersized to allow adequate maneuvering. Staff stated streetlights were required per Section 31-403. Landscaping comments were addressed. Staff stated street buffers and land use buffers were required. Staff also stated screening was required along the October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 6 southern perimeter of the site where adjacent to residentially zoned property. Staff noted the City Beautiful Commission recommended preserving as many on-site trees as feasible during development. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The revised site plan removes the drive on John Barrow Road and accesses the east parking area from West 46th Street. The revised plan also revises the parking layout, indicates signage, removes the rear drive and provides a note concerning the required screening. The building is proposed as a single story building with a maximum height of 25 feet. The site plan indicates the placement of ground mounted signage along John Barrow Road and Ludwig Street. The signage on John Barrow Road is proposed with a maximum height of ten feet and a maximum sign area of 100 square feet. The sign located on Ludwig Street is proposed consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Building signage is proposed consistent with signage allowed in office zones or a maximum of ten percent of the façade area facing the abutting streets. The building is proposed with 2,151 square feet and two uses are proposed for the building. The portion of the building fronting John Barrow Road is proposed for a salon with five operators and the portion fronting Ludwig Street is proposed as an office use with a maximum of three employees. Parking required for the salon is one space per 200 gross square feet of building area. Parking for an office use is calculated at one space per 400 square feet of gross building area. The salon will occupy approximately 1,500 square feet resulting seven required parking spaces. The office portion requires one parking space. The site plan has not identified an area for a dumpster. Staff recommends the applicant work with staff at the time of final design to locate the dumpster in an area that will least impact the residential homes located in the area. Staff also recommends the dumpster hours of service be limited to daylight hours. All site lighting is to be low level and directional, directed downward and into the site. Landscaping and screening have been indicated along the southern perimeter where adjacent to residential. The area near John Barrow Road will be October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 7 landscaped per the typical ordinance standards but fencing is not proposed in the area adjacent to the Auto Zone. Building landscaping is proposed consistent with typical ordinance standards. The salon hours are proposed from 7:30 am to 8:00 pm Monday through Saturday. The office hours are proposed from 8:00 am to 5:00 pm Monday through Friday. Alternative uses for the site are those identified in the C-1, Neighborhood Commercial Zoning District. Based on the parking proposed for the structure the entirety of the building cannot be used as a restaurant. The ordinance would typically require 21 parking spaces to serve a restaurant use. The site plan indicates 20 parking spaces resulting in one space deficient of the typical ordinance standard. Staff recommends the proposed future uses match the parking available on the site. Staff is supportive of the request. The site is proposed as Commercial on the City’s Future Land Use Plan. The development is proposed as a mixed use development with the commercial activity fronting John Barrow Road and the office taking place on Ludwig Street. The site is proposed with 45 percent building coverage and 25 percent of the site designated to landscaping and open space. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the construction of this mixed use development is an appropriate development for this site. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant work with staff at the time of final development for the placement of the dumpster. Staff also recommends the hours of dumpster service be limited to daylight hours. Staff recommends the proposed future uses match the parking available on the site. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the applicant work with staff October 30, 2008 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8398 8 at the time of final development for the placement of the dumpster. Staff also recommended the hours of dumpster service be limited to daylight hours. Staff stated the proposed future uses of the site must match the parking available on the site. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 8 FILE NO.: Z-8399 NAME: Curtis Short-form PD-R LOCATION: Located at 1221 Louisiana Street DEVELOPER: Tony Curtis 1221 Louisiana Street Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.172 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial, Industrial all indoors PROPOSED ZONING: PD-R PROPOSED USE: Single-family residences and the placement of a garage VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is a rezoning from UU, Urban Use District to PD-R, Planned Residential Development, to allow the placement of a garage structure within the rear yard area of this single-family home. The applicant is currently renovating the home and is proposing the placement of the garage on the site to secure materials needed to complete the renovations. The property is located within the Urban Use District which does not have provisions in the ordinance which allow for the placement of accessory structures. October 30, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8399 2 B. EXISTING CONDITIONS: The property is secured with a six foot chain link fence around the perimeters. A concrete drive is located on the site extending from West 13th Street. The property to the east is zoned POD and is a parking lot. The property to the north is zoned PRD and is a condominium structure. Along Main Street are commercial uses with Juanita’s located to the southeast. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Downtown Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of 13th Street and Louisiana Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. October 30, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8399 3 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Mixed Use Urban for this property. The applicant has applied for Curtis Short-form Planned Development-Residential. The application allows for Single Family Use. The requested use does not require a change to the Land Use Plan. Master Street Plan: 12th Street and Louisiana Street are shown as Local Streets. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: The Downtown Neighborhoods’ Neighborhood Plan covers this area, but it does not address this topic. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Tony Curtis was present representing the request. Staff presented an overview of the development stating there were few outstanding issues associated with the request. Staff stated the site was zoned UU, Urban Use District which did not make provisions for the placement of accessory structures. Staff stated the applicant desired to place a single car garage in the rear yard area which in-turn required him to rezone the site to PD-R, Planned Residential Development, to add the garage structure. Mr. Curtis stated staff’s request to push the building back 15 feet was not acceptable. He stated the desire was to match the existing block face and to allow a larger yard area. He stated there was an existing sewer line and drainage inlet located within the rear yard area. He stated the desire was to not disturb these areas. Public Works comments were addressed. Staff stated a radial dedication was required at the intersection of Louisiana and West 13th Streets. Staff stated any broken curb, gutter or sidewalk would require replacement prior to occupancy. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional October 30, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8399 4 information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant provided responses to the issue raised at the October 9, 2008, Subdivision Committee meeting. The applicant has indicated there is an existing storm drain located within two feet of the proposed garage structure. The garage is proposed five feet from the property line on West 13th Street and in this area there is an additional five feet of right of way before the curb and drive lanes. According to the applicant, the garage has been placed to maximize green space and to continue the building setback lines with adjacent properties on both west 13th Street and the alley. The initial use of the building will be for storage of original trim, light fixtures and tools as well as construction materials needed to rehab the existing home. The applicant has indicated the foundation for the structure will be a concrete slab built to current code requirements. The siding will match the existing structure, which is 5” wood siding and the roofing materials will be a three tab shingle as on the main structure. Windows and doors for the garage will be removed from the main structure and installed in the garage. After the home is completed, a garage door will be added. No street access or curb cuts for the garage will be added to 13th Street until the main structure is occupied. Staff is supportive of the request. The property is zoned UU, Urban Use District which does not have provisions for the placement of garages or accessory structures. Staff feels the placement of a garage on the site is an appropriate use provided the initial intent of the garage as storage for remodeling of the existing home is tied to a valid remodel permit for the home. Staff recommends prior to the issuance of a building permit for the garage, the applicant secure a permit for rehabilitation of the existing home. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the permitting of the garage be tied to obtaining and maintaining a valid permit for renovation of the existing home. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff October 30, 2008 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8399 5 report. Staff presented a recommendation the permitting of the garage be tied to obtaining and maintaining a valid permit for renovation of the existing home. Mr. Tony Curtis was present representing the request. He stated there was an active building permit on the home located at 1221 Louisiana Street. He stated the garage was for storage and once the home was completed he would then use the garage for his automobile. Mr. Jon Dodson addressed the Commission with questions. He questioned why a new structure was needed when the home was in such disrepair. He stated he felt the renovations on the homes should be completed prior to the Commission granting permission for a second structure on the site. He stated the home had been under renovation for the past 15 years. He stated the only thing he had seen change was a few boards and a new roof. Mr. Curtis stated the garage was necessary to house materials for renovation of the new home. He stated he requested the rezoning of the property to allow for single-family residential only. He stated with the current zoning a multi-unit apartment development could be constructed on the site with no parking. He stated his desire was for the property to remain as residential in the short and long term. He stated the reason for the request was because he wanted a detached garage. He stated if the garage was attached to the home the Commission would not be hearing the request. There was a general discussion by the Commission concerning the request and the placement of the garage. The chair entertained a motion for approval as recommended by staff. The motion carried by a vote of 10 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 9 FILE NO.: LU08-08-02 Name: Land Use Plan Amendment – Central City Planning District Location: The northeast corner of Summit and 19th Streets Request: Single Family to Mixed Use Source: Dr. Emma Kelly Rhodes PROPOSAL / REQUEST: A Land Use Plan amendment in the Central City Planning District from Single Family to Mixed Use. Mixed Use provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required for any development that is entirely office or commercial or if the use is a mixture of the three. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area between the Mixed Use on Wright Avenue and this amendment area. With these changes, the entirety of the Single Family on the east side of Summit between Wright and 19th Street would be eliminated. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The expanded amendment site is zoned R-4 Two Family District and has one single family house and one vacant lot. The surrounding areas to the west, east and south are also zoned R-4 and are developed with mostly well-maintained single family houses. Immediately north of this amendment is zoned Planned Office Development and O-3 General Office for the House of Vision main offices, which have frontage on Wright Avenue. To the northeast is zoned C-3 General Commercial for a gas station and a laundry facility. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is currently shown on the Future Land Use Plan as Single Family. The surrounding areas to the west, east and south are also shown as Single Family. To the north is shown as Mixed Use and Commercial along Wright Avenue, but the Single Family continues to the north beyond these non-residential areas along Wright Avenue. October 4, 2005, Ordinance 19418 amended multiple locations in this area. Immediately to the north of the current application was changed from Mixed Use to Single Family. To the east was changed from Mixed Use to Commercial. This ordinance changed various other areas in the general vicinity. October 30, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LU08-08-02 2 MASTER STREET PLAN: Summit and 19th Streets are shown as Local Streets. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class II bikeway is shown north of this location along Wright Avenue. 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. PARKS: According to the Master Parks Plan, this area is within eight block of Barton Park. HISTORIC DISTRICTS: The applicant’s property is located in the Central High National Register Historic District. 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 amendment is to change the northeast corner of 19th and Summit Streets from Single Family to Mixed Use. This amendment would bring the Mixed Use that is already shown along Wright Avenue further south into an existing neighborhood. The amendment area currently has one single family residence and one vacant lot. The single family residence is located between the existing House of Vision to the north and a proposed parking lot located to the south which would serve the House of Vision. This house has been included in the amendment to make the land use category boundaries more logical. The surrounding areas to the west, south and east of this amendment site are still shown as Single Family on the Future Land Use Plan. This neighborhood has been shown as Single Family on the Future Land Use Plan for many years October 30, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LU08-08-02 3 and the neighborhood still seems to be in good condition. The proposed amendment would bring non-residential uses further south into the neighborhood, which is typically not desirable. Staff feels that non-residential uses should remain along Wright Avenue and be oriented to that street and not allowed to move into the surrounding residential neighborhood. There is currently a vacant lot on the north side of Wright Avenue and across the street from the House of Vision. This existing lot is already shown as Mixed Use on the Future Land Use Plan and is zoned C-3 General Commercial. This vacant lot on the north side of Wright Avenue could be utilized for a parking lot without a change to the Future Land Use Plan and without encroaching on the surrounding neighborhood. Also, there are almost three acres of Mixed Use located four blocks east of this application that is not fully developed. The introduction of different, more intense uses such as office and commercial allowed with Mixed Use could have a serious impact on the surrounding single family residences. This introduces different traffic patterns, lighting, and noise issues. While there is not much vacant land planned for Mixed Use in this immediate area, there are other more appropriate locations for such development in the general area that wouldn’t move deeper off the major roads into the single- family area. This is a long developed part of Little Rock which has not experienced densification of residential areas. The existing commercial has adequately served the surrounding neighborhood. With no changes to the surrounding neighborhood, an increase in the non-residential to serve the area is questionable. The southwest corner of Summit and Wright Avenue was amended in 2005 from Mixed Use to Single Family. This amendment was to recognize the existing single family residences. These homes are oriented to the side street. It was thought that since the area is used and zoned for residential, the Single Family land use category would better reflect the current and likely future development pattern of the land in this area. This shows that there is a desire for the single family residences to remain in this area and to keep non-residential uses along Wright Avenue to the east of Summit Street. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Wright Avenue and Central High. Staff has received several comments from area residents who were opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. October 30, 2008 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LU08-08-02 4 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Walter Malone, Planning Staff reviewed the Land Use Plan in the area. This would bring non-residential use further into the neighborhood. The area is a strong residential neighborhood. Non-residential uses should be kept on Wright Avenue. There has not been densification of residential developed in this area, so the need for more non-residential use is questionable. Donnas James of Planning Staff reviewed the related Planned Zoning District, see Z-8400 for a complete minute record. There was a motion to approve the Land Use Plan amendment. By a vote of 0 for 10 against the item was denied. October 30, 2008 ITEM NO.: 9.1 FILE NO.: Z-8400 NAME: The House of Vision Short-form PD-O LOCATION: Located at 1869 South Summit Street DEVELOPER: Dr. Emma K. Rhodes 8621 LaBette Drive Little Rock, AR 72204 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.26 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family District ALLOWED USES: Single-family and Two-family residences PROPOSED ZONING: POD PROPOSED USE: Parking Lot to serve the House of Vision VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The property is located on the northeast corner of West 19th Street and Summit Street which is one block south of Wright Avenue. The applicant is seeking a rezoning of the property from R-4, Two-family to POD, Planned Office Development, to allow the construction of a parking lot to serve the House of Vision which is located one lot north of this site on Wright Avenue. The parking lot is proposed to be secured by a four foot chain link fence and during non-business hours of the House of Vision, the gates will be closed. October 30, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8400 2 B. EXISTING CONDITIONS: The site is vacant and a new four foot chain link fence has been constructed around the perimeters of the property. The area of West 19th and Summit Streets is primarily residential with only one vacant structure located across from the site. Along Wright Avenue there are a number of office and commercial uses including the House of Vision, a convenience store, a restaurant, a laundry facility and the Dr. Emma K. Rhodes Educational Center. South of the area proposed for the parking lot there are a number of single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Central High Neighborhood Association and the Wright Avenue Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Summit Street and West 19th Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. If access is desired from the alley, the alley must be built for the entire length of the block to 19th Street. Provide grading and drainage plan of proposed alley connection with 19th Street. The entire width of the alley must be paved and constructed per City standards. Since the alley is public it cannot be blocked by gates, vehicle parking, or any other obstructions. 4. The existing curb cut on West 19th Street west of the alley must be closed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. October 30, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8400 3 Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning to Short Form Planned Office Development. A Land Use Plan amendment (LU08-08-02) is a separate item on this agenda. Master Street Plan: Summit and 19th Streets are shown as Local Streets. 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 “Mixed Use Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown north of this location along Wright Avenue. A Class II bikeway is located on the street as either a 5 foot 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. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average nine (9) foot wide street buffer along both Summit Street and West 19th Street. The site is located within the designated mature area which allows the minimum landscape strip to be reduced to six feet nine inches (6’9”). October 30, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8400 4 3. The zoning buffer ordinance requires a nine foot wide land use buffer along the northern property line. Seventy percent (70%) of this area must remain undisturbed. 4. The property to the north is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. 5. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 6. A water source must be located within seventy-five feet (75) of all landscaped areas. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Dr. Emma Rhodes was present. Staff presented an overview of the development indicating there were additional items necessary to complete the review process. Staff questioned the days and hours of the parking facility. Staff also stated the site plan as presented did not allow for adequate landscaping and buffering. Staff stated the drive aisle were indicated too large and could be reduced to provide the buffer areas. Public Works comments were addressed. Staff stated if the alley was proposed for access to the site, then the alley for the entire length should be opened. Staff stated there were currently obstructions within the alley that would have to be moved including a fence and two storage buildings. Staff stated Dr. Rhodes would be responsible for paving the alley for the entire length with a minimum pavement width of 20 feet. Staff suggested Dr. Rhodes not utilize the alley for access and to provide a drive on West 19th Street or Summit Street to provide access to the parking lot. Staff stated then she would not be out the expense of paving the alley and the neighbors would not have to move the encroachments. Staff stated screening was required along the northern perimeter where adjacent to residential. Staff also stated a water source within 75 feet was required to water landscaped areas. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. October 30, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8400 5 H. ANALYSIS: Dr. Rhodes provided a revised site plan to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The plan indicates the perimeter landscaping, provides access to the site from West 19th Street and indicates screening along the northern perimeter. The request is to allow the construction of a parking lot to serve as overflow parking for the House of Vision and the Activities Center located to the north on Wright Avenue. The parking lot is proposed containing 20 parking spaces with access to the parking lot from West 19th Street. The original request was to utilize the alley to access the parking lot but Dr. Rhodes has since decided not to open the alley from Wright Avenue to West 19th Street. A four foot chain link fence has been installed around the perimeter of the site and a gate will be placed at the driveway opening on West 19th Street to prohibit the potential for loitering during non-business hours of the House of Vision and the Activities Center. An employee of the House of Vision will open and close the gate during non-business hours. Staff is not supportive of the request. The area around the site is residential with most of the units occupied and very few vacant lots. The non-residential uses are located along Wright Avenue. There is a single-family home between the proposed parking lot and the office uses the parking lot is intended to serve. The areas to the west and east are occupied single-family homes. Staff feels the encroachment of the parking lot into the residential area will potentially impact the adjacent homes and lessen their desirability as residential units. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Dr. Emma K. Rhodes was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Dr. Rhodes addressed the Commission on the merits of the request. She stated the parking was needed to serve the nearby House of Vision and Activities Center. She stated there was parking for eight automobiles behind the House of Vision and Activities Center. She stated when groups came to the center for assistance parking was not adequate to serve the clientele. She stated prior to purchase of the property at October 30, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8400 6 1869 South Summit Street she met with the neighbors and received little opposition to purchasing the property and developing the property as a parking lot. She stated she had met with Ms. Bell and Ms. Dickson and neither expressed opposition. She stated she had purchased the property, cleaned the site and placed a fence around the site to secure the property. She stated the intended use of the property from the start was a parking lot to serve the House of Vision and Activities Center. She stated the House of Vision had monthly expenses of $800.00 and had hoped the Activities Center rental would help provide an income to help off-set the monthly expenses. She stated the parking was needed to serve the two uses and the programs offered by the House of Vision. Ms. Pearlie Mae Bell addressed the Commission in opposition to the request. She stated she lived across the street from the parking lot and had lived in her home for 30 plus years. She stated a parking lot would only increase crime in the area. She requested the Commission not rezone the site for a parking lot. Ms. Mae Isom addressed the Commission in opposition. She stated she was an admirer of Dr. Rhodes and her work. She stated the area was a historic area and her home was built in 1915. She stated she did not want a parking lot within the middle of a residential neighborhood. She stated the neighborhood would welcome a single-family home but requested the Commission not rezone the property for a parking lot. Mr. David Wilson addressed the Commission in opposition. He stated he lived near the site proposed for the parking lot. He stated the parking lot was proposed within the single-family neighborhood. He stated the homes located adjacent to the site would be impacted by the heat generated from the parking lot and the unsightliness. He stated the businesses in the area were located along Wright Avenue. He stated the neighbors in the area were trying to bring the neighborhood back and he felt the placement of a parking lot within the residential neighborhood would take away for the residential character. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters was opposed to the rezoning of the site for a parking lot. She stated she did not feel the placement of a parking lot within a residential area was a good idea for the residences in the area. Ms. Leanna Godley addressed the Commission in opposition. She provided the Commission with a petition of opposition from the area residents. She stated the area was undergoing revitalization and she felt an asphalt parking lot would not encourage additional redevelopment efforts. She stated the site was a weed lot prior to Dr. Rhodes purchasing the lot. She stated she hoped Dr. Rhodes would continue to maintain the lot even if the rezoning was not approved. October 30, 2008 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-8400 7 The Commission questioned staff as to the House of Vision and the Activities Center and the previous request. Staff stated the House of Vision was not reviewed by the Commission because the property was zoned office. Staff stated the Activities Center was previously reviewed by the Commission as a POD. Commissioner Adcock stated she remembered at the time of the review of the POD Dr. Rhodes had indicated there was ample parking on adjacent property to serve the uses. Dr. Rhodes stated the parking at the laundry and educational center were occupied by customers of the laundry and persons participating in classes at the educational center. She stated they was enough available parking at this site to accommodate the additional parking required for the House of Vision and the Activities Center. There was a general discussion by the Commission concerning the proposed use of the site as a parking lot. The Commission indicated the parking lot was proposed within the heart of a residential neighborhood. Commissioner Williams questioned Dr. Rhodes on other options for parking. She stated she could not get enough parking for the participants of the programs provided at the House of Vision and needed to construct the new parking area. A motion was made to approve the request. The motion failed by a vote of 0 ayes, 10 noes, 0 absent and 1 open position. October 30, 2008 ITEM NO.: 10 FILE NO.: Z-8401 NAME: Ensminger Short-form PD-R LOCATION: Located on the Southeast corner of Grandview Avenue and Pierce Street DEVELOPER: Margaret Hill Ensminger 2910 Fillmore Street Little Rock, AR 72207 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.28 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comment raised at the October 9, 2008, Subdivision Committee meeting. Staff recommends the item be deferred to the December 18, 2008, public hearing. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was not present. There were no registered objectors present. Staff stated the applicant had failed to respond to comment raised at the October 9, 2008, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the December 18, 2008, public hearing. October 30, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8401 2 There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 11 FILE NO.: LU08-08-03 Name: Land Use Plan Amendment – Central City Planning District Location: The northeast corner of 12th and Dennison Streets Request: Single Family to Mixed Use Source: Dennis Glason PROPOSAL / REQUEST: A Land Use Plan amendment in the Central City Planning District from Single Family to Mixed Use. The applicant is requesting a related rezoning to Planned Development to allow an office and a parking lot on this site. Mixed Use provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required for any development that is entirely office or commercial or if the use is a mixture of the three. EXISTING LAND USE AND ZONING: The amendment site is currently zoned O-3 General Office and is vacant. The surrounding properties to the north, west and east are zoned either R-3 or R-4 Residential and are developed with single family residences with some duplexes. The southwest corner of Dennison and 12th is zoned I-2 Industrial and is used for a barber shop and a auto accessory store. South of this site is zoned R-4 and is currently a vacant lot. Southeast of this site is zoned C-3 General Commercial and has a small office building at the corner of Park and 12th Streets. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is currently shown on the Land Use Plan as Single Family. North, west and east of this area is also shown as Single Family. South of this amendment is shown as Mixed Use on the south side of 12th Street between Rice and Park Streets. Further east and south are shown as Public Institutional. October 4, 2005, Ordinance 19418 amended multiple locations in this area. Immediately to the south of the current application was changed from Single Family to Mixed Use. To the northeast was changed from Single Family to Mixed Use. This ordinance changed various other areas in the general vicinity. MASTER STREET PLAN: 12th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Dennison Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive October 30, 2008 SUBDIVISION ITEM NO.: 11 FILE NO.: LU08-08-03 2 zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes in this immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a park or open space. There are various churches and schools in the vicinity with playgrounds and open space. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The northern portion of this area is covered by the Stephens Neighborhood Plan. The Stephens Area Economic Development goal states: “promote on-the-job training and job skills development for the neighborhood residents” and “establish a neighborhood job resource facility capable of maintaining a database of jobs available in the area.” ANALYSIS: This amendment is located at the northeast corner of West 12th Street and Dennison Street. The amendment is located in a small pocket of single family residences that are sandwiched in between the railroad to the west, the interstate to the north, Children’s Hospital to the east, and Central High to the south. This single family subdivision is a typical residential subdivision of lots around 7000 square feet with single family homes facing the side streets. This is an aspect of the neighborhood that needs to be protected and strengthened. The neighborhood is small and any loss of residential uses or potential use areas is a concern for the further survival of the neighborhood. The addition of new zoning and land use categories further north into the neighborhood could be seen as encroaching on these single family homes. An amendment to Mixed Use would allow a mixture of office, commercial and residential uses to occur on this site as long as the use is accompanied by a Planned Zoning Development. October 30, 2008 SUBDIVISION ITEM NO.: 11 FILE NO.: LU08-08-03 3 The introduction of a different, more intense use like those allowed in Mixed Use would have a serious impact on the surrounding single family residences. This introduces different traffic patterns, lighting, noise massing and scale issues. While there is not much vacant land planned for Mixed Use in this immediate area, there are other more appropriate locations for such development in the general area. The Public/Institutional and Mixed Office Commercial use areas shown a few blocks to the east are intended for some office and commercial uses related to Children’s Hospital, clinics, and office research facilities. This is all still to be developed. The application area is part of a viable neighborhood and it needs to be protected as such. Staff feels the single family residential nature of 12th and Dennison Streets needs to be protected and upheld. While a change to Mixed Use would still require a Planned Development, Staff does not recommend this change. There is available Mixed Office Commercial land to the east of this application. There is also available Mixed Use shown along Martin Luther King Drive and Daisy Bates Drive as well as around Woodrow Street. These areas would be much more appropriate for an office or commercial development. The amount of residential north of 12th Street has decreased over the last several decades with the acquisitions by Children’s Hospital that removed residential and added blocks of office and commercial use on the Plan to the east. This loss of residential together with the addition of office and commercial yet to be developed calls into question the desirability to remove more residential in favor of non-residential uses. Also, the Land Use Plan for this area was just reviewed in 2005, and Ordinance 19418 amended fourteen separate locations in this area. The one and a half acres adjacent to the south of this application site was changed from Single Family to Mixed Use. At the intersection of 15th Street and Dr. Martin Luther King Drive, four acres were changed from Office to Mixed Use. One block further south was changed from Mixed Use to Neighborhood Commercial. All these changes were intended to make the Land Use Plan more reflective of the existing land use, zoning and likely short-term future land use development of the area. This site was not part of that package of changes. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Capitol Hill and Central High. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. October 30, 2008 SUBDIVISION ITEM NO.: 11 FILE NO.: LU08-08-03 4 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant requested withdrawal of this item. Staff is supported of the withdrawal request based on the current zoning pattern and proposed future development controlled by a Planned Office Development. The item was placed on the consent agenda for withdrawal. By a vote of 9 for and 0 against the consent agenda was approved. October 30, 2008 ITEM NO.: 11.1 FILE NO.: Z-8403 NAME: Glason Short-form POD LOCATION: Located on the Northeast and Southeast corners of West 12th Street and Dennison Street DEVELOPER: Dennis Glason c/o the Law Office of Simmons S. Smith 2420 South Broadway Street Little Rock, AR 72206 ENGINEER: Blaylock Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.68 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District and R-4, Two-family District ALLOWED USES: Office, Single-family and Two-family residences PROPOSED ZONING: POD PROPOSED USE: O-3, General Professional Office Uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of four lots from O-3, General Office District and R-4, Two-family District to POD to allow the construction of an office building and associated parking. The developer plans to construct the office building on three lots located on the northeast corner of West 12th and Dennison Street and a parking lot to serve the office building on the southeast corner of West 12th and Dennison Street. The uses of the building include the allowance of O-3, General Office District uses and a School, commercial, trade or business with an associated rental hall/events center. October 30, 2008 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-8403 2 The building is proposed to contain 5,250 square feet with the front of the building facing West 12th Street. A parking lot located in front of the building is proposed with 21 parking spaces. A second lot located south of West 12th Street is proposed containing 9 parking spaces. B. EXISTING CONDITIONS: The property is located on the northeast and southeast corners of West 12th and Dennison Streets. There are a number of uses in the area including single-family, multi-family, office, barbershop and a lounge. North of West 12th Street there are single-family homes and south of the proposed parking lot there are single-family homes. Along the west side of Dennison Street south of West 12th Street is the barbershop and lounge. There is an apartment building located on the northwest corner of West 13th Street and Dennison Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Capitol Hill Neighborhood Association and Central High Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the northeast and southeast corners of the intersection of West 12th and Dennison Streets. 2. The two driveways accessing the parking lot on the southeast corner of West 12th and Dennison Streets shall be one-way. Driveway on West 12th Street shall be one-way in and the driveway on Dennison Street shall be one-way out. Proper signage and directional arrows to reflect this condition shall be provided at these driveways. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. The curb cut on 12th Street east of the proposed driveway should be closed. October 30, 2008 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-8403 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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 may be required and will be installed at the Developer's expense. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #3 – the Baptist Medical Center Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a rezoning to Planned Office Development. A Land Use Plan amendment (LU08-08-03) is a separate item on this agenda. Master Street Plan: 12th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Dennison Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in this immediate vicinity. October 30, 2008 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-8403 4 Neighborhood Action Plan: The northern portion of this area is covered by the Stephens Neighborhood Plan. The southern half of this amendment is not located in an area covered by a City of Little Rock recognized neighborhood action plan. The Stephens Area Economic Development goal states: “promote on-the-job training and job skills development for the neighborhood residents” and “establish a neighborhood job resource facility capable of maintaining a database of jobs available in the area.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average six foot nine inch wide (6’-9”) street buffer along the streets. 3. The zoning buffer ordinance requires a nine (9’) foot wide land use buffer along all property that abuts residentially zoned properties. Seventy percent (70%) of this area must remain undisturbed. 4. The property around both parcels of land are residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along all of the areas next to the residentially zoned/used properties. 5. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape perimeter around both parcels of land in its entirety. A variance from this minimal ordinance requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 6. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 7. A water source must be located within seventy-five feet (75) of all landscaped areas. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicants were present representing the request. Staff stated the request was to allow a rezoning for the northern and southern corner of Dennison Street and West 12th Street to allow construction of an office building and parking lot. October 30, 2008 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-8403 5 Staff stated the office building was proposed on the northern lot which was currently zoned O-3, General Office District. Staff stated the southern lot was currently zoned residentially. Staff stated there were few outstanding issues associated with the request. Staff requested the applicant “pin down” the proposed activities to take place on the site. Mr. Glason stated the proposed use of the property were a culinary school and events center or a medical office. Staff requested Mr. Glason provide details of the events center, the days and hours of operation and all other activities proposed to take place. Public Works comments were addressed. Staff stated a 20 foot radial dedication was required at the intersection of West 12th and Dennison Streets on both sides of the street. Staff also stated a grading permit would be required if disturbed area was more than one acre. Landscaping comments were addressed. Staff stated the site plan did not provide the required street buffers or the required land use buffer along the perimeters. Staff stated screening would be required along the northern property line and the southern property line as well as the eastern perimeter where adjacent to residentially zoned or used property. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter and site plan addressing a number of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided the parameters for the proposed events center, revised the site plan to increase the proposed landscaping and removed the drive around the rear of the proposed building. The building is proposed to contain 5,250 square feet. The uses proposed are O-3, General Office District uses and a School, commercial, trade or craft school. The school will have an associated events center/rental hall. The rental hall will consist of a banquet area offered for rental for weddings receptions, family reunions, and business meetings. The rental will be directly tied to the proposed culinary school. The events center/rental hall will not be available for rental without association with the culinary school and the students catering the events. The hours of operation for an office development are proposed from 8:00 am to 8:00 pm daily with minimal activity taking place on Saturday and very limited activity on Sunday. The hours for the rental hall are from 8:00 am to 9:00 pm Monday through Friday and 11:00 pm on weekends. The school hours are proposed from 8:00 am to 5:00 pm Monday through Friday and 6:00 pm on weekends. October 30, 2008 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-8403 6 The revised plan indicates 9 parking spaces for the parking lot located south of West 12th Street and 22 parking spaces for the site located north of West 12th Street. The office building is proposed with 5,250 square feet of gross building area. If the site develops as an office use then 13 parking spaces would be required. If the site develops as a school the parking required is 17 parking spaces. The site plan indicates the placement of a dumpster facility on the north side of West 12th Street adjacent to Dennison Street. The dumpster is located near the rear of the proposed office building and a note on the site plan indicates the dumpster will be screened per the typical ordinance standards. Staff has concerns with the dumpster placement. The dumpster is located adjacent to the right of way and there is a single-family home located to the north of the proposed dumpster. Staff recommends the applicant work with them at the time of development to place the dumpster in a location which is the least intrusive to the adjoining residential homes. The site plan has not indicated signage. Staff recommends signage be limited to signage typically allowed in office zones for both the ground mounted and the wall signage. Staff recommends the signage be limited to a single ground mounted sign allowed on the northern lot near the intersection of Dennison and West 12th Streets with a maximum height of six feet and a maximum sign area of sixty-four square feet. Staff recommends building signage be limited to a maximum of ten percent of the façade area of the wall abutting a public right of way. The revised plan indicates landscaping and buffering per the typical ordinance standards. Along the northern portion of the development a street buffer of 7 feet is indicated on Dennison Street and along West 12th Street, 12 feet. The southern parking lot indicates a street buffer on Dennison Street and West 12th Street of 7 feet. A note concerning the required screening has been provided on the site plan for areas abutting residentially zoned or used property. Interior landscaping will be provided per the typical ordinance requirements. Staff is supportive of the request. The applicant is seeking a rezoning of four lots from O-3, General Office District and R-4, Two-family District to POD to allow the construction of an office building and associated parking. The area north of West 12th Street is zoned O-3, General Office District which would allow for the development of an office building and a trade school with the approval of a Conditional Use Permit. The area south of West 12th Street, proposed for a parking lot, is zoned R-4, Two-family District and identified as Mixed Use on the City’s Future Land Use plan. The proposed development of the site is consistent with the existing zoning for the northern portion of the development and the Future Land Use plan for the southern portion of the development. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development of the office building and parking lot as proposed should have minimal impact on the area. October 30, 2008 SUBDIVISION ITEM NO.: 11.1 (Cont.) FILE NO.: Z-8403 7 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraph D, E and F of the agenda staff report. Staff recommends signage for the lot north of West 12th Street be limited to signage allowed in office zones for both ground mounted and building signage. Directional signage only should be placed on the parking lot located south of West 12th Street. Staff recommends the applicant work with staff at the time of development for the placement of the dumpster facility to limit the impact on the adjacent single-family homes. Staff also recommends the hours of dumpster service be limited to daylight hours. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the signage for the lot north of West 12th Street be limited to signage allowed in office zones for both ground mounted and building signage and directional signage only placed on the parking lot located south of West 12th Street. Staff presented a recommendation the applicant work with staff at the time of development for the placement of the dumpster facility to limit the impact on the adjacent single-family homes. Staff also presented a recommendation the hours of dumpster service be limited to daylight hours. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 12 FILE NO.: Z-8404 NAME: The Dog House Short-form PCD LOCATION: Located at 2619 Kavanaugh Boulevard DEVELOPER: Dog House Bath and Grooming, LLC 2619 Kavanaugh Boulevard Little Rock, AR 72205 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.29 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial District uses PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses and the allowance of Outdoor Runs VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The Dog House operates a dog grooming, bathing, daycare and limited boarding facility. The business has also incorporated an outdoor area just behind the building that is used during the business hours of 8:30 am to 5:30 pm daily. The outdoor play area is not an allowable use under the current zoning. The activity was recently brought to staff who then informed the applicant of the need for rezoning if the outdoor activity was to remain. The property is zoned C-3, General Commercial District and the applicant is seeking a rezoning to Planned Commercial Development, PCD, to allow the addition of an outdoor play area for pets as an allowable use. October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8404 2 The applicant has indicated no dogs will be boarded or left outdoors overnight. The kennel capacity for the facility is 25 to 30 dogs. The business employs seven fulltime staff and on average four part time high school students. B. EXISTING CONDITIONS: The site is located within the commercial district of Hillcrest. Within this area there are a number of uses including commercial, office, a US Post Office, single-family and multi-family residences. South of the site are single-family homes fronting Ash Street and one additional home is located overlooking the site fronting on Walnut Street. East of the site is a commercial business fronting Kavanaugh Boulevard and office user located in the rear. North of the site are office and small commercial users. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8404 3 CATA: The site is located on CATA Bus Route #1 – the Pulaski Height Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for The Dog House Planned Commercial Development. The application is for commercial use. The requested use does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III Bike Route is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Zoning and Land Use goal states: “Revamp how commercial property is developed, locating structures up to the property line at the street and placing parking in the rear, thereby making the street façade permeable.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was present. Staff presented an overview of the development stating there were a few outstanding issues associated with the request. Staff requested the applicant provide the days and hours of outdoor play activity and the fencing located around the play area. Staff also requested the applicant provide the number of employees of the business. Public Works comments were addressed. Staff questioned how the area was cleaned. The applicant stated all solids were picked up and the pad was swept then hosed off. Staff questioned if the solids were washed to the City’s storm sewer system. The applicant stated there were no solids washed into the City’s storm water system. October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8404 4 Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The revised cover letter indicates the days and hours of outdoor play activity and the fencing located around the play area. The business employs seven fulltime staff and on average four part time high school students. The request is to rezone the site from the current C-3, General Commercial District to Planned Commercial Development to add the outdoor play area as an allowable use for the site. There are no exterior modifications proposed to the building. The play area was previously installed at the rear of the building and is fenced with a six foot chain link fence. The area is secured with a double gate system to minimize the chance of pets escaping when the gate is open to add or remove a dog. Staff is supportive of the request. The applicant operates a dog grooming, bathing, daycare and limited boarding facility with a kennel capacity of 25 to 30 dogs. The request is to rezone the site to PCD to allow the addition of an outdoor play area as an allowable use. The Dog House will not place any animals outdoors when the business is not open for business. The business hours are from 8:30 am to 5:30 pm daily. Staff feels the addition of the outdoor activity limited to the hours of the business and limited to this applicant’s ownership is appropriate. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8404 5 the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. Mr. Robert Smith was present as the applicant. He stated his business was bathing, grooming and boarding. He stated there was a small pen located within the rear of the existing building where dogs were placed to allow them to be outdoors. He stated there was never more than ten dogs outdoors and no dogs were ever left overnight. He stated he would leave the remainder of his time for rebuttal. Mr. Steve Giles representing Mr. and Mrs. Back, adjacent property owners, addressed the Commission. Mr. Giles stated his clients were opposed to the rezoning of the site to allow the animals outdoors. He stated the Backs were also opposed to the boarding aspect of the business but understood the boarding was not an issue for discussion. Mr. Giles stated the site was unique in that there was an eight foot wall behind the building with the home located on top of the wall the sound amplified. He stated the Backs had owned their home for 28 years and chose to move because of the noise. He stated the Dog House would place 15 to 20 dogs within the enclosure with no supervision. He stated once dogs got together it was practice for them to meet and great by barking. He stated once the barking stated within the alley then the dogs living on the south side of the Backs would then start barking which in turn started a neighborhood chorus. He stated Hillcrest was a unique area in that business and residents could co-exist. He stated the Back’s home was located adjacent to the back of the business which typically had limited activity. Mr. Giles stated the Dog House allowed boarding and advertised specials and discounts for keeping animals for extended periods of time. He stated his clients felt the outdoor activity was an allowable use under the current zoning. He stated rather than object his clients moved to avoid confrontation. Mr. Ed Back addressed the Commission in opposition of the request. He stated he and his wife had lived in the area for 28 years prior to moving due to the noise. He stated his home was constructed in 1903. He stated he had renovated his home and taken great pride in the renovation and the neighborhood. He stated when he bought his home Hillcrest was not what it is today. He stated he had placed his home on the market and been unable to sell the home due to the barking dogs. He stated he enjoyed living in the neighborhood and welcomed the commercial into the area. He stated he did not welcome a commercial use which affected his quality of life. Ms. Rose Back addressed the commission in opposition of the request. She provided the Commission with letters of neighbors and area business owners in opposition of the request. She stated the dog barking was both a public and private nuisance. She stated she felt if Hillcrest Residents Association was aware of the request they too would join in the opposition. October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8404 6 Mr. Smith stated he was sorry and was not aware of the problem. He stated he wished the Back’s had approached him to discuss the problem and he would have tried to address their concerns. He stated he had been in business for 7 ½ years and never once had he received a complaint until recently when City staff contacted him concerning the use. He stated he did not advertise. He stated he did not offer discounts for boarding extended periods of time. He stated the capacity of the outdoor pen was 10 dogs. He stated the pen was a 20-foot by 40-foot pen. He stated the dogs were not taken out before 8:30 am and all dogs were inside before 5:30 pm. The Commission questioned the square footage per dog. Staff stated they were aware there was an ordinance but was not familiar enough with the ordinance to quote the square footage per dog required. The Commission questioned the capacity of the boarding facility. Mr. Smith stated he did not feel this was of interest to the Commission since the activity was taking place indoors. The Commission stated they desired to know the capacity of the boarding facility. Mr. Smith stated a maximum of 30 to 35 animals. There was a general discussion of the Commission concerning the proposed use of the site and the allowance of the outdoor activity. The chair entertained a motion for approval as recommended by staff. The motion failed by a vote of 1 ayes, 9 noes, 0 absent and 1 open position. October 30, 2008 ITEM NO.: 13 FILE NO.: LU08-04-03 Name: Land Use Plan Amendment – Heights Hillcrest Planning District Location: 4400 block of A Street Request: Low Density Residential to Office Source: Dickson Flake, For Arvest Bank PROPOSAL / REQUEST: A Land Use Plan amendment in the Heights Hillcrest Planning District from Low Density Residential to Office. Office provides services to consumers as well as general offices which support more basic economic activities. The applicant is proposing a Planned Office Development for a new Arvest Bank. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area west of this application, which would include the northern half of the Taco Bell Planned Comemrcial Development. With these changes, the entirety of the Low Density Residential between Ash and Walnut Streets would be eliminated. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: This expanded amendment area is currently zoned R-3 Single Family and Planned Commercial District. The R-3 portion of the amendment is currently used for four single family residences. The PCD portion is for the northern half of the Taco Bell/KFC development at the northeast corner of Ash and Markham Streets. To the north, west and east of this area is zoned R-3 and is used for single family residences. South of this amendment is zoned R-5 for an apartment complex and PCD for the other portion of the Taco Bell/KFC development. The south side of Markham is zoned R-2 Single Family and is used for the UAMS Campus. Southwest of the amendment area is zoned C-3 General Commercial for a Back Yard Burgers restaurant. Southeast of this amendment area is zoned C-3 General Commercial and is used for office buildings. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment site is currently shown as Low Density Residential. This LDR extends east of this amendment. North, west and northeast of this amendment is shown as Single Family. South of the amendment is shown as Office along Markham Street. The south side of Markham is shown as Public Institutional. October 30, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LU08-04-03 2 Ordinance 19956 was passed May 6, 2008 to amend a site at the intersection of Pine and Cedar Streets with West Markham from Low Denisty Residential and Commercial to Mixed Use for a proposed new development. MASTER STREET PLAN: West Markham Street is a Minor Arterial. “A” Street and Walnut Street are Local Streets. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street since it is a Minor Arterial. 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”. Such streets have a design standard the same as a Collector. These streets may require dedication of right- of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes in the immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of War Memorial Park. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered by the Hillcrest Neighborhood Plan. The Zoning Goal states: ”Discontinue the current commercial structures that are not appropriate for Markham. Markham has become degraded by the development of a current pattern of suburban development leading to disagreements about appropriate design of structures, use, scale, image, and hours of operation.” The Hillcrest Plan also calls for no net loss of residential structures. October 30, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LU08-04-03 3 ANALYSIS: The expanded amendment area is currently shown as Low Density Residential (LDR) on the Future Land Use Plan. This LDR has been in place for many years to serve as a buffer between the Office shown along Markham Street and the single family residences to the north of Markham. This expanded application is proposing a change from this LDR to Office between Ash and Walnut Streets on the south side of A Street. The zoning application that triggered this land use plan amendment is for an Arvest Bank branch location. The amendment site currently has four single family residences and the Taco Bell drive-thru and parking lot. Staff expanded the application to include the whole block as Office. The existing neighborhood near this amendment site is a mixture of office, commercial, multi-family residential, single-family residential and public institutional uses. This area’s character is influenced by the proximity of the UAMS campus. This section of Markham Street has several office buildings, banks and restaurants. One block north of Markham transitions into single family residences with a mixture of apartment buildings, some duplexes and single family residences. Many of these residences near Markham appear to be rental units. This application would replace four single family residences, which appear to be rentals, and an apartment complex that is already shown as Office on the Plan with a Planned Office Development for an Arvest Bank. Since half of this site is already shown as Office on the Future Land Use Plan, this is really only a loss of the four residential houses. The apartment complex has been shown as Office for many years now, so it could have redeveloped into an office before now. While staff typically prefers either Suburban Office or Low Density Residential as a buffer between Office or Commercial and Single Family uses, this amendment could be seen as an exception because this area is under the protection of the Midtown and Hillcrest Design Overlay Districts. These DODs will help guide this development to ensure the remaining single family residences are protected. The zoning application is for a rezoning to Planned Office Development. The Planned Development is yet another way for staff to ensure an appropriate site design with respect to the surrounding neighborhood. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Hillcrest and Capitol View Stifft Station. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. October 30, 2008 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LU08-04-03 4 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Walter Malone, Planning Staff reviewed the Land Use Plan in the area. Low Density Residential or Suburban Office is usually preferred adjacent to Single Family, however with the two Design Overlay Districts Staff feels like there is adequate protection. The side relationship versus a front-to-front relationship also helps with this. Donnas James of Planning Staff reviewed the related Planned Zoning District, see Z-8405 for a complete minute record. There was a motion to approve the Land Use Plan amendment. By a vote of 8 for 1 against the item was approved. October 30, 2008 ITEM NO.: 13.1 FILE NO.: Z-8405 NAME: Arvest Bank Short-form POD LOCATION: Located on the Northwest corner of West Markham Street and Walnut Street DEVELOPER: Arvest Bank c/o Dickson Flake 400 West Capitol Avenue, Suite 1200 Little Rock, AR 72201 ENGINEER: Development Consultants Inc. 2200 North Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 1.06 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET:0 LF CURRENT ZONING: R-5, Urban Residence and R-3, Single-family Residential ALLOWED USES: Multi-family and Single-family PROPOSED ZONING: POD PROPOSED USE: Branch Bank VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The request is a rezoning of this site from the current R-5 and R-3, Single-family zoning district to POD, Planned Office Development, to allow the construction of a branch bank. The bank is proposed to contain a maximum of 4,000 square feet with28 parking spaces. Access to the site is from Walnut Street and West Markham Street. No access to the site is planned from A Street. A single ground mounted sign is proposed at the intersection of West Markham and Walnut Street. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 2 The site is located within both the Hillcrest Design Overlay District and the Mid-town Design Overlay District. B. EXISTING CONDITIONS: Two multi-family buildings located along West Markham Street and four single-family residences located along A Street occupy the site. West of the site is a restaurant and east of the site are small office buildings and two single family homes. Further east is a property zoned PRD which is used by family members of patients at UAMS as extended stay housing. North of the site are residential uses including one and two family homes. South of the site are the newly constructed UAMS dorms. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residents Association and the Capitol View Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Walnut Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 foot radial dedication of right-of-way is required at the intersection of A Street and Walnut Street and at the intersection of Walnut Street and Markham Street. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to A Street including 5-foot sidewalks with the planned development. The back of curb should be located 18 feet from centerline. 4. Sidewalks with appropriate handicap ramps are required to be installed along Walnut Street in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 3 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. A drainage ditch crosses the middle of the property and proceeds under Walnut Street. The pipe system that replaces the ditch cannot be placed under any part of the proposed structure and should be placed in a drainage easement to be accepted as a public facility. The pipe system could also be placed under the canopy structure but only as a private facility. 9. The downstream piping under Walnut Street appears to be undersized and several drainage complaints have been received from downstream properties. At time of building permit submittal, an analysis of downstream drainage system should be conducted to determine the capacity of the drainage system. Improvements under Walnut Street could be warranted. 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway off Markham Street cannot exceed 36 feet in width and should be centered in the middle of the property. If you have any questions or desire additional assistance, please contact Bill Henry in Traffic Engineering at 379-1816. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main located on site. Relocation of sewer main by Developer is required prior to construction. The developer may also apply to LRWU to enter into an occupancy agreement to allow the line placement under the canopy structure, subject to LRWU approval. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 4 Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 – The West Markham Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office and Low Density Residential for this property. The applicant has applied for a rezoning for Arvest Bank Planned Commercial Development. A Land Use Plan amendment (LU08-04-03) is a separate item on this agenda. Master Street Plan: West Markham Street is a Minor Arterial. “A” Street and Walnut Street are Local Streets. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street since it is a Minor Arterial. 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Zoning Goal states: ”Discontinue the current commercial structures that are not appropriate for Markham. Markham has become degraded by the development of a current pattern of suburban development leading to disagreements about appropriate design of structures, use, scale, image, and hours of operation.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 5 2. The zoning buffer ordinance requires an average street buffer in the amount of six percent (6%) of the average depth of the property along all streets. 3. The landscape ordinance requires a nine foot (9’) wide landscape strip around the sites entirety; this area must be located outside of the public right-of-way area. A variance from this minimal ordinance requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 5. A small amount of building landscaping will be required. 6. An automatic irrigation system will be required to water all of the newly landscaped areas. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Dickson Flake and Mr. Ed Hankins were present. Staff presented an overview of the development stating the site was located within the Hillcrest and Mid-town Design Overlay Districts. Staff stated staff would review the site under both overlays with the emphasis placed on the Mid-town DOD. Staff requested the developer provide building elevations, construction materials, building height and the days and hours of operation. Staff also stated the DOD required the building not have a setback in excess of 20 feet. Staff stated the minimum parking per the typical standards for an office development was the maximum allowed. Staff noted the building was set back in excess of 20 feet and the site plan indicated 25 parking spaces. Staff noted 12 spaces would be the maximum allowed per the Overlay. Staff requested details of the proposed signage. Public Works comments were addressed. Staff stated a 20 foot radial dedication was required at the intersections of the abutting streets. Staff also stated a sidewalk was required along Walnut Street. Mr. Flake stated the developers desired to match the street improvements to the west on A Street. Staff stated this was acceptable. Mr. Flake stated he was concerned with staff’s request to relocate the drive on West Markham Street to the center of the property. He October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 6 stated the current configuration allowed the drive-through exit to flow more freely and with the relocation to the center the site they could not meet the Overlay requirement of placing the building at a maximum of 20 feet from the property line. Staff noted comments from Little Rock Wastewater. Staff stated the developer had provided a revised site plan which had relocated the building away from the sewer main but the current design did indicate one of the drive-through canopies over the sewer main. Staff requested the developer work with Wastewater to resolve their concerns. Landscaping comments were addressed. Staff stated street trees were required. Staff stated since the site was located within the designated Mature Area the landscape strip could be reduced to six feet nine inches. Mr. Hankins questioned if the Mature Area allowed a reduction in the required interior landscaping. Staff stated the Mature Area did not allow a reduction in the required interior landscaping. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided details for the proposed signage, provided building elevations, construction materials, building height and the days and hours of operation. The site is located within both the Hillcrest and Mid-Town Design Overlay Districts but is being reviewed under the Mid-town Overlay. The applicant is seeking variations from the Mid-town Overlay to allow additional parking, the removal of trees and an increase in the building setback. The overlay requires for new construction, at least sixty (60) percent of the ground floor level facing internal pedestrian public circulation areas or streets to be glass-windows, entry features, or displays. The primary facade of the building is be oriented parallel with the street, or to the principal vehicular or pedestrian routes of travel whether public or private. All buildings are to maintain a distinction between upper and lower levels and any elevation greater than eighteen (18) feet in height must contain an architectural treatment, which visually divides the structure into "stories". All wall projections or recesses must be a minimum of three (3) feet deep and a minimum of twenty (20) contiguous feet and must not extend over twenty (20) percent of the facade. Arcades, display windows, entry areas or awnings must exist along at least sixty (60) percent of the façade. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 7 The developer has provided building elevations for the structure. The building is a single story building with a maximum height of 26 feet. The building is proposed 50 feet deep with a width of 95 feet. The building has a bump-out on the front façade to create the entry into the building. Windows are provided along the West Markham Street and Walnut Street facades. The elevations provide awnings along these facades as well. The primary entrance to the building is oriented to West Markham Street as required by the Mid-town DOD. The ordinance typically requires the placement of customer entrances on all sides of the building that face abutting public rights of way. For security reasons, the building will have only one customer entrance on West Markham Street. The arterial street located adjacent to the site is West Markham Street. The site plan indicates the building fronting West Markham. Exterior building materials and colors have been provided. The construction materials proposed are canvas awnings, gooseneck light fixtures, brick and EFIS. The colors are proposed as neutral tones. The mechanical equipment will be screened per the typical ordinance requirements. There are no objects or projections over the public right of way. The parking is proposed on the sides and rear of the building. The building height will not exceed 35-feet, as typically required for small lot development per the Overlay. The front building setback is proposed as 58 feet. The DOD states Building setbacks from adjacent property lines and street rights-of-way shall be: (1) Front yard setbacks may be zero (0) feet, but will not be more than twenty (20) feet, excepting in those cases where grade changes make such setbacks impractical. (2) Side yard setbacks may be zero (0), except where adjacent to lots containing single-family detached structures. In this case the side yards shall have a setback of not less than four (4) feet and (3) Rear yard setback may be zero (0), except where adjacent to lots containing single-family detached structures. In this case the rear yard shall have a setback of not less than twenty-five (25) feet. The building has been placed at 58 feet on the front property line, 61 feet from the eastern property line, 71 feet from the rear property line and 30 feet from the eastern property line. The front building setback is in violation of the typical DOD standards. According to the applicant the Public Works Department is requiring the placement of the West Markham Street driveway in the center of the lot. With the requirement of the drive placement in this location the 20 foot setback is unobtainable. The driveways are indicated to meet the typical DOD standards. The site plan indicates connectivity and pedestrian walkways through the parking lot. All on-site utilities will be buried. All lighting will comply with the DOD standards. The applicant is not proposing to bury utilities located along the boundary streets. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 8 The trash enclosure is proposed in the rear of the site and screening will be placed per the typical ordinance standard. The hours of dumpster service have not been identified. Staff recommends the hours of service be limited to daylight hours. The hours of service for the banking facility are 7:00 am to 7:00 pm Monday through Friday and from 7:00 am to noon on Saturday. Parking requirements within the district are allowed at fifty (50) percent of that required by Article VIII. Per the Overlay the maximum allowed parking shall be the minimum standard established in Article VIII. No on-street parking is allowed on West Markham Street. No parking is allowed in the "front yard setback" area. The Overlay would typically allow a maximum of 12 parking spaces. The site plan indicates the placement of 25 parking spaces. According to the applicant the bank typically has eight to ten employees on the site and feels the remaining spaces are necessary for adequate customer parking. Per the Overlay, monument signs are to identify the development and be limited to seventy-two (72) square feet in area and six (6) feet in height for developments greater than one (1) acre. Building signage is to comply with signage allowed in office zones. A note on the site plan states a single ground mounted monument style sign will be located near the intersection of West Markham and Walnut Streets. The sign is proposed with a maximum height of six feet and a maximum sign area of 72 square feet. Building signage will not exceed ten percent of the façade area of the facades facing abutting streets. The site plan indicates the placement of street buffers and landscape strips per the typical ordinance standards. The site is located within the designated mature area of the City allowing the street buffer along Walnut Street to drop to the indicated seven feet. The landscape strip along the western property line is 9 feet to comply with the minimum landscape ordinance requirements. The street buffer along West Markham Street exceeds the 15 foot minimum requirement. Street trees will be placed per the typical DOD standard. Street trees a minimum of three-inch caliper will be placed two (2) feet off the back of curb and thirty (30) feet on center. The canopy will maintain an eight-foot clearance and a four-foot planter strip will be maintained. The site plan indicates the removal of six trees greater than fourteen (14) inches in diameter. Four trees will be maintained, two on West Markham and two on A Street. The site plan does not indicate the maintenance of a 50 foot buffer around the trees. The developer has indicated all proper measures will be taken to ensure the vitality of the trees. The site plan indicates construction within an existing easement. The developers have indicated an abandonment request will be pursued upon final approval of the site plan. October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 9 Staff is supportive of the request. The site is located adjacent to office uses to the east, a restaurant to the west and the UAMS campus to the south. Although the site plan indicates the development inconsistent with the development criteria established in the Mid-Town Design Overlay District, the site is complying with a number of typical standards established. The variations are to allow an increased building setback, to allow an increased number of parking spaces and to remove trees in excess of 14-inches in diameter. Although staff feels these are important, staff does not feel these variations will significantly impact the area if developed as proposed. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Dickson Flake addressed the Commission on behalf of the applicant. He stated also present were Robert Brown and Ed Hankins of the Engineering and Design Firm. He stated the development was a branch bank as indicated by staff. He stated the development as proposed to meet most of the requirements of the Mid-Town Overlay and the Hillcrest Overlay. He stated there were variations but felt the development met the intent of the DOD’s. Mr. Craig Berry addressed the Commission in support. He stated he was representing the Mid-Town Advisory Group. He stated the group had reviewed the plans and were in support of the request. He stated he felt the development met the spirit of the overlay district. The chair called Kristian Penderson and Benjamin Thielmier indicating they had provided a card in opposition. They were no longer present. The Commission discussed the site plan and the need for the indicated parking. Mr. Flake stated the bank had reduced the number of spaces typically required and he did not feel they would be amenable to reducing the parking any further. Commissioners Rector and Adcock lead the discussion concerning the removal of two October 30, 2008 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8405 10 to three parking spaces along A Street to help ensure the livability of the trees located along A Street. They indicated with the parking as proposed the trees would not be saved. Mr. Robert Brown stated he would contact Arvest prior to the item being considered by the Board of Directors to encourage then to remove the three parking spaces in question to assist in maintaining the trees on A Street. There was no further discussion of the item. The chair entertained a motion for approval as recommended by staff. The motion carried by a vote of 8 ayes, 1 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 14 FILE NO.: Z-8406 NAME: Kitchens Clinic Short-form POD LOCATION: Located at 14104 Taylor Loop Road DEVELOPER: CJ Cropper 5507 Ranch Drive, Suite 201 Little Rock, AR 72223 ENGINEER: Rickett Engineering, Inc. P.O. Box 242862 Little Rock, AR 72223 AREA: 1.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: POD PROPOSED USE: Dental Clinic VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is proposing a rezoning of this site from R-2, Single-family to POD, Planned Office Development, to allow the construction of a new dental clinic on the property. The building is proposed to contain 7,500 square feet with a proposed expansion area of 5,000 square feet. The site plan indicates the construction of 37 parking spaces. Access to the site is proposed from Taylor Loop Road with a drive located along the northern perimeter. A single ground mounted monument sign is proposed within the front yard landscape area consistent with signage allowed in office zones. October 30, 2008 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8406 2 B. EXISTING CONDITIONS: The site has a number of trees and a berm located midway back from Taylor Loop Road. Taylor Loop Road was recently constructed to Master Street Plan standard along the property frontage through a bond project. North of the site is a veterinarian clinic and south of the site is a property zoned PD-C which is currently vacant but was most recently used as a beauty salon and the owners residence. East of the property, across Taylor Loop Road, are single-family homes and west of the property is a commercial building which was most recently a furniture store. The Westchester Subdivision is located to the southwest of the site and the Secluded Hills Subdivision is located to the east of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site, the Westchester Property Owners Association and the Secluded Hills Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Storm water detention ordinance applies to this property. Show the proposed drainage path from the outfall onto and across adjacent properties. 3. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. October 30, 2008 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8406 3 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a rezoning for Kitchens Clinic Short-form Planned Office Development. The application is for Office use. The requested use does not require a change to the Land Use Plan. Master Street Plan: Taylor Loop Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Taylor Loop Road since it is a Minor Arterial. This street may require dedication of right- of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Route is shown along Taylor Loop Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. Neighborhood Action Plan: This area is covered by the River Mountain Neighborhood Plan, but the plan does not address this issue. October 30, 2008 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8406 4 Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires an average eighteen (18) foot wide street buffer and in no case less than nine (9) feet wide on Taylor Loop Road. 3. An automatic irrigation system will be required to water all of the newly landscaped areas. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Mark Rickett was present representing the applicant. Staff stated the site was located south of a veterinarian clinic and north of Enoch’s Beauty Salon. Staff requested Mr. Rickett provide the days and hours of operation, the number of doctors before and after the expansion, the proposed signage (both building and ground mounted and the maximum building height). Public Works comments were addressed. Staff stated the storm water detention ordinance would apply to the development of the site. Staff also stated a grading permit would be required if the disturbed area was more than one acre. Staff noted comments and concerns from the adjacent Westchester Subdivision concerning drainage. Landscaping comments were addressed. Staff stated a street buffer of 18 feet was required. Staff also stated interior landscaping of the parking lot area would be required as per the Landscape Ordinance. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. A note on the revised plan indicates initially there will be two doctors with a maximum of three doctors October 30, 2008 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8406 5 in the future. The days and hours of operation are proposed from 8:00 am to 5:00 pm Monday through Friday. The hours of dumpster service are limited to office hours. A single ground mounted monument sign is located within the front yard landscape area. The sign is proposed with a maximum height of six feet and a maximum sign area of sixty-four square feet. Building signage is proposed consistent with signage allowed in office zones or a maximum of ten percent of the front façade area. The site plan indicates a total of 37 parking spaces. Initially two doctors will occupy the site with a maximum of three doctors with the proposed expansion. Parking typically required for a medical/dental office is six spaces per doctor. 18 parking spaces are typically required to serve a three-doctor dental office. The site plan indicates the placement of a six foot wood fence along the perimeters of the site. The applicant has indicated initially the southern fence will be installed but is requesting the allowance of the western and northern fencing should additional screening be desired. The site plan indicates a minimum perimeter landscape strip of 12 feet along the northern boundary and 24 feet along the southern boundary. An 18 foot street buffer has been indicated. The western boundary indicates a minimum of 25 feet landscape and undisturbed buffer area. The site plan includes building landscaping per the typical ordinance requirements. The total site area contains 50,678 square feet with a 14.8 percent building coverage and an increased building coverage of 9.9 percent with the proposed expansion area. The site contains 10.8 percent of interior landscaping and additional landscape area of 31.6 percent. The paved areas represent 32.9 percent of the site area. Staff is supportive of the request. The Future Land Use classification for the site is Transitional. This classification allows for single-family, multi-family and office uses. Staff feels the proposed use is appropriate and consistent with uses in the area. Staff feels the placement of a dental office on this site allows for a “stepping down” of intensity of uses from the commercial activities located along Cantrell Road to the residential uses located south of this site. To staff’s knowledge there are no outstanding issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. October 30, 2008 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8406 6 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 15 FILE NO.: Z-8407 NAME: Dowler Properties Short-form PCD LOCATION: Located at 4201 Baseline Road DEVELOPER: Ron and Donna Dowler 4201 Baseline Road Little Rock, AR 72209 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 TOTAL SITE AREA: 2.1 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF REZONING AREA: 1.15 acres CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential, Non-conforming Trucking Business PROPOSED ZONING: PCD PROPOSED USE: Office, Warehouse and Light Fabrication VARIANCES/WAIVERS REQUESTED: A five year deferral of the required street construction to Bruno Road. A. PROPOSAL/REQUEST: The applicant is proposing to subdivide this 2.15 acre tact into two (2) lots and to rezone the resulting northern 1.15 acre lot to PCD. The owners propose the construction of a new 10,000 square foot office warehouse building and 10 parking spaces. The owners propose to use the building for light fabrication of automobile parts. The parts will be assembled and warehoused at this facility until delivery or pickup. There will be no retail activity taking place at this site. A perimeter fence will be installed on the site for security. Security lighting will also be installed. October 30, 2008 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8407 2 The site plan indicates the placement of ten parking spaces within the front yard area and a loading dock along the western façade of the building. A pylon sign is proposed located near the entrance drive. The hours of operation are from 8 am to 5 pm, Monday through Friday. The development is proposed with two lots. Lot 8A will front on Baseline Road and will be developed with the office warehouse use. Lot 8B will front Bruno Road and will remain zoned R-2, Single-family. B. EXISTING CONDITIONS: The site contains an office building which appears to be used as a commercial trucking office. There is also a truck trailer located on the site along the western perimeter. East of the site is a property zoned PD-C which is a welding shop and further east are additional commercial uses. North of the site is vacant O-3, General Office District zoned property. East and south east of the property are a number of manufactured homes. The area proposed as Lot 8B is currently vacant. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a call from the Upper Baseline Neighborhood Association in support of the request. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Upper Baseline Neighborhood Association and Southwest Little United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Remove existing western driveway curb cut. 4. Bruno Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to Bruno Road including 5-foot sidewalks with the planned development. October 30, 2008 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8407 3 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #15 – The 65th Street Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs East Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for Dowler Properties Short form Planned Commercial Development. The application is for Commercial use. The requested use 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 Road since it is a Principal Arterial. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in this vicinity. October 30, 2008 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8407 4 Neighborhood Action Plan: This area is covered by the Upper Baseline Neighborhood Plan. The Economic Development Goal states: “Create a competitive and adaptable economic environment that encourages investment and diversity of employment opportunities.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning ordinance requires an average street buffer of thirteen feet (13) and in no case less than nine (9) foot wide. 3. The zoning buffer ordinance requires a thirteen foot (13’) wide land use buffer along the southern property line next to the separate residentially platted lot. 4. The zoning buffer ordinance requires a twelve and one half foot (12’-6”) wide land use buffer along the western property line. Seventy percent (70%) of this area is to remain undisturbed. 5. The property to the south and the west is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western and southern perimeters of the site. 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were a few additional items necessary to complete the review process. Staff requested details of the proposed alternative uses of the site. Staff also requested the applicant provide the location of the proposed dumpster facility and note if the hours of service would be limited to daylight hours. Staff also requested a legal description for that portion of the property to be rezoned. October 30, 2008 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8407 5 Public Works comments were addressed. Staff stated the storm water detention ordinance would apply to future development of the site. Staff also stated Bruno Road was classified on the Master Street Plan as a residential street and would require right of way dedication and street construction per the Master Street Plan standards. Mr. White questioned if a deferral of the improvements to Bruno was appropriate. Staff stated they would support a five year deferral of the improvements to Bruno Road. Landscaping comments were addressed. Staff stated screening was required along the perimeters of the site with either a wood fence or dense evergreen plantings. Staff stated the utilization of existing vegetation was allowed to provide the required screening. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The applicant has provided the location for the proposed dumpster, indicated the hours will be limited to daylight hours and provided a legal description for the area proposed for commercial activity. The revised plan indicates a dedication of right of way 25-feet from centerline for Bruno Road. The hours of operation are from 8 am to 5 pm, Monday through Friday The plan indicates the placement of a single ground mounted sign along Baseline Road. The sign is proposed with a maximum sign height of 36-feet and a maximum sign area of 160 square feet. Building signage is proposed consistent with signage allowed in commercial zones or a maximum of ten percent of the façade area. The use of the property is for light fabrication including warehousing. The alternative uses for the site included office warehouse, the uses identified in the C-3, General Commercial Zoning District excluding Amusement, commercial, inside, Bar, lounge or tavern, Cigar, tobacco and candy store, Convenience food store with gas pumps and Pawn shop. The parking requirement for a light manufacturing, processing and wholesaling facility is one space per 600 gross square feet of floor area. The building is proposed to contain 10,000 square feet with 10 parking spaces. The parking ordinance would typically require the placement of 16 parking spaces to serve the use. The owners have indicated there is little to no customer traffic and there October 30, 2008 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8407 6 are only eight employees of the business. The site plan indicates areas for additional parking should the need arise in the future for additional spaces. A loading dock is proposed along the western façade of the building. The site plan indicates the placement of landscaping and screening as required by the landscape and buffer ordinances. A screening fence will be installed along the western perimeter. Along the southern perimeter, a chain link fence will be installed and the screening requirement will be met by providing dense evergreen vegetation in this area. The development is proposed with two lots. Lot 8A will front on Baseline Road and will be developed with the office warehouse use. Lot 8B will front Bruno Road and will remain zoned R-2, Single-family. The improvements per the Master Street Plan have been complete to Baseline Road. The applicant is seeking a five year deferral of the required improvements to Bruno Road. Staff is supportive of the deferral request. The area along Bruno Road will remain as residential and no access to the road is planned with the commercial activity. Staff recommends the deferral be for a period of five years or until adjacent development occurs which ever occurs first. Staff is supportive of the request. The request is to subdivide this 2.15 acre lot into two (2) lots and to rezone the resulting northern 1.15 acre lot to PCD. The development is proposed with the construction of a new building with 10,000 square feet. The building will be used for light fabrication of automobile parts. The automobile parts will be assembled and warehoused at this facility. No retail activity will be taking place at this site. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development of the site will have minimal impact on the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the deferral request of the required street construction to Bruno Road for a period of five years or until adjacent development occurs, which ever occurs first. October 30, 2008 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8407 7 PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the deferral request of the required street construction to Bruno Road for a period of five years or until adjacent development occured, which ever occured first. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 16 FILE NO.: Z-8408 NAME: Marylane Apartments Short-form PD-R LOCATION: Located at 2101 Kavanaugh Boulevard DEVELOPER: Moses Tucker Real Estate Inc. JTC Investments, LLC 200 South Commerce Street Little Rock, AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.29 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-5, High Rise District ALLOWED USES: Multi-family Residential up to 36 units per acre PROPOSED ZONING: PD-R PROPOSED USE: 20 Condominium units VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The developer, JTC Investments, LLC along with Moses Tucker Real Estate, Inc. have identified an existing apartment building in the Hillcrest neighborhood that they believe provides an excellent opportunity for redevelopment. The proposed plan is to replace the existing building with a structure that will add a renewed vitality and architectural component to Kavanaugh Boulevard between Pine and Cedar Streets. The proposed building will replace an existing 6,500 square foot structure currently containing ten (10) apartment rental units with a new building of approximately 15,533 square feet and twelve (12) owner occupied condominium units. October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 2 The site is located within the Hillcrest Design Overlay District. The developers are proposing to review the development with the residential development criteria of the DOD ordinance. The project is designed to fit in to the context of the historic Hillcrest neighborhood. Two aspects of the project describe this are the positing of the building on the site and the architecture style. The building is proposed to face Kavanaugh Boulevard and to set back from the street to reflect the various setbacks of the adjacent buildings. The building’s front façade has four foot setbacks. The eight foot wide entry space is the closest to the street at eight feet from the property line; the 60 foot wide entry lobby façade is set back ten feet and jogs back to fifteen feet at the end wings of the building. The screened porches on each end of the building are 27 feet from the front property line and five feet from the east and west property lines. This combination of setbacks facing Kavanaugh Boulevard responds to the project’s goal to fit into the context of commercial and residential architecture of Hillcrest. Siting the building close to Kavanaugh Boulevard provides a street front for the building with the back planned as parking. The architectural style of the building is designed to capture the motif of the Tudor residents and apartments in the neighborhood. The forms include several setback, dormer windows, balconies and side screened porches. The windows are residential scaled with clad frames and panes. The exterior material will be a wood paneled with trim details in the Tudor style. The roof is pitched with overhands and Tudor style details in its execution. B. EXISTING CONDITIONS: A two story multi-family structure containing 10 units is located on the site. The site does not appear to contain any parking although street parking is available on Kavanaugh Boulevard and on North Pine Street. There are residential, public and commercial uses in the immediate area. South of the site are single-family homes and north of the site contains a mixture of single-family and multi-family residences. To the west of the site are two churches and one block south of the site is a public school. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet and the Hillcrest Residents Association were notified of the Public Hearing. October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Property frontage must have the sidewalks and ramps brought up to the current ADA standards. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Remove steps in sidewalk along Pine Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #1 – the Pulaski Height Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a rezoning for Marylane Apartments Short-form Planned Development Residential. The application is for Multifamily use. The requested use does not require a change to the Land Use Plan. October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 4 Master Street Plan: Kavanaugh Boulevard and Pine Street are both Collectors. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bikeway is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Housing Goal states: “The City of Little Rock will develop the Hillcrest Overlay District that will require Planned Unit Development for reclassification/redevelopment of land use (zoning), density, setbacks, of other changes to the existing infrastructure of the neighborhood.” Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine foot (9’) wide landscape strip along the southern property line next to the residentially zoned property. 3. The property to the south is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required. 4. The landscape ordinance requires a nine foot (9’) wide landscape strip along the street and along the southern perimeter of the site. A variance from this minimal ordinance requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 5. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 6. A small amount of building landscaping will be required. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was present. Staff presented an overview stating the site was located within the Hillcrest Design Overlay District. Staff stated the development currently contained a multi-family building with ten units. Staff stated the desire was to raze the existing building and construct a new building with 12 units of condominium housing. Staff noted there were concerns with the site plan as October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 5 proposed. Staff stated the parking was located along the southern perimeter and was not adequate to meet the standard for 90 degree parking. Staff stated street parking was allowed to count toward fulfilling the parking requirements. Staff noted based on the street frontages the site did not have to provide any onsite parking. Staff noted the location of the dumpster and suggested Mr. Moses contact the collection agency for alternatives for collection. Staff also requested the days and hours be provided for the dumpster service. Public Works comments were addressed. Staff stated with the development any broken curb, gutter or sidewalk that was damaged in the right of way would require replacement. Staff also state sidewalks were required along the property frontage. Landscaping comments were addressed. Staff stated screening and a minimum landscape strip was required along the southern perimeter of the site. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and building elevations to staff addressing most of the issues raised at the October 9, 2008, Subdivision Committee meeting. The revised plan has relocated the dumpster to near the alley, provided a revised parking layout and provided a landscape strip along the southern perimeter. The site is located within the Hillcrest Design Overlay District. The residential development regulations apply to any residential zoned land within the district boundaries. The Overlay District does not regulate the style and character of Hillcrest housing. The Overlay states an intent that new construction and additions be respectful of the prevailing styles of the neighborhood. The compatible design of housing contributes to the richness of the history and architectural character of Hillcrest. Attached, unfinished spaces, such as storage areas and above-ground basements, are to be included as part of the permitted floor area at fifty (50) percent of the measured area. Crawlspaces or similar spaces that must be accessed from outside the main structure are excluded from the permitted floor area. The Floor Area Ratio (FAR) is determined by the floor area of principal building divided by the gross size of lot. For lot sizes of eight thousand (8,000) square feet or more and residential structures with one (1) floor, the FAR must be 0.37. For structures with more than one (1) floor, the FAR must not exceed 0.50. October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 6 The purchase of an adjoining lot does not allow a proportionate increase in the size of the building. For the purposes of computing the FAR, lot sizes of more than ten thousand (10,000) square feet use a maximum lot size in the calculations of ten thousand (10,000) square feet. Any lot of record or any combination of lots creating a zoning lot of record exceeding ten thousand (10,000) square feet in existence at the time of the adoption of this section shall have an FAR as described for lots exceeding eight thousand (8,000) square feet. The total building square footage is 15,522 with the area calculated for the FAR being 15,102 square feet resulting in a FAR of 1.51. The mass section of the Overlay allows a maximum lot coverage for all structures under roof not to exceed fifty (50) percent. The building footprint is 5,023 square feet and the total lot area is 12,880 square feet the lot coverage is 39 percent. If a maximum lot area of 10,000 square feet is used to calculate the lot coverage the lot coverage is 50.25 percent. All setbacks are required as per the zoning district, except the front-yard setbacks (front and side-yard setbacks for corner lots) for the principal structure must be aligned with the current setbacks of the adjoining residential structures within ten (10) percent variation. Based on the location of the building located to the west the building setback should be a minimum of 22 and a maximum of 26 feet. The building is proposed 4 feet from the right of way of Kavanaugh Boulevard gradually stepping back to 15-feet along the wings of the building. No accessory buildings are proposed within the rear yard area. Building height and ridge-line elevations per the Overlay allows a maximum building height of thirty-nine (39) feet or two and one-half (2 1/2) stories, measured from the "grade plane" to the ridge-line of the highest roof surface. In addition, new buildings and additions must be constructed to an elevation that is within one story of the adjacent residential structures. The building is proposed 47’3” along the rear façade and 39’3” when viewed from Kavanaugh Boulevard. When calculating the grade plan for the site, the building is 43’3” tall, 4’0” above the typical height of 39’ allowed. If the development were proposed with a gambrel roof, staff feels the height of the building could meet the typical ordinance standard. The parking requirements within the Hillcrest DOD allows the required parking to be reduced by fifty (50) percent of that required by Article VIII and the maximum parking allowed for in the Overlay is the minimum standard established in Article VIII. Where on-street parking is allowed the available on street parking may be count toward the parking requirements at a rate of one (1) space per ten (10) linear feet of street frontage. The maximum parking allowed for the site is 18 parking spaces. With the reduction allowed per the Hillcrest DOD, 9 spaces are required. Based on the linear frontage 9 spaces are available on Kavanaugh Boulevard and October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 7 approximately 5 spaces are available on Pine Street. Based on the Overlay standards, on on-site parking is required. The site plan indicates the placement of 90 degree parking located along the southern perimeter. The parking as proposed does not meet the ordinance requirements as established in Section 36-511 of the Little Rock Code of Ordinances for stall width, depth or backing/maneuvering room. Staff cannot support the on site parking plan as proposed. Staff recommends the design be reworked to comply with a standard established in the ordinance. As stated previously no on-site parking is required to serve this development per the Overlay District requirements. Signage has not been identified on the site plan. Staff recommends signage be as permitted in the Hillcrest DOD which is that as allowed in the Institutional and Office zones or a maximum of six feet in height and sixty-four square feet in area. The property is currently zoned R-5 which requires a lot area per dwelling unit of 2,000 square feet for lots ranging from ten thousand (10,000) square feet through one (1) acre. The site contains 12,880 square feet. Based on the current zoning classification a maximum of 6 units would be allowed on the site. The applicant is requesting a change in zoning to PD-R to allow for the development of the condominium housing. Each of the units is proposed with outdoor living space to provide the private recreational space. The site includes a common open space area along the southern perimeter which allows for 10 percent common usable open space requirement established in the PZD section of the ordinance (Section 36-460(h)). Additional common open space will be located along the north, east and west sides of the building providing an additional 2,400 square feet of open space or 19 percent additional open space area for a site total of 29 percent. Along the southern property line screening will be provided by the placement of evergreen plantings supported by a 6 foot metal grid. A single dumpster has been located on the rear of the site adjacent to the alley. The dumpster hours of service have been limited to daylight hours or 7 am to 6 pm. The building exterior is proposed as wood panels and batten trim. Wood frame constructed screened porches will extend from the east and west ends of the building. A combination of casement and dormer windows are proposed. Brick and stone sections will accent the entry and vertical elevation. Terra cotta, concrete, tile or architectural shingle roofing is proposed. Although the site plan does not fully comply with the Hillcrest DOD staff is generally supportive of the request. The development is proposed as an in-fill development replacing an existing rental apartment development with a new October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 8 condominium development. The development is proposed with a setback inconsistent with the building setback as calculated by the ordinance. When viewing the blocks to the east and west of the development and not just the adjacent building, the proposed four foot setback is consistent with other setbacks along Kavanaugh Boulevard. The FAR is somewhat larger than typically allowed per the Overlay but staff does not feel the increase adversely impacts the development or the area. There are a number of existing developments in the immediate area in which the FAR is similar to that proposed by the applicant. Staff feels the site plan can be redesigned to achieve the maximum building height of 39 feet as typically allowed per the Overlay. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the construction of 12 residential condominium units is an appropriate use for this site. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the building height be lowered to 39 feet to meet the building height criteria as established in the Hillcrest Design Overlay District. Staff recommends the parking layout along the southern perimeter be redesigned to meet the parking design criteria established in 36-511 of the zoning ordinance. Staff recommends signage be limited to signage allowed per the Hillcrest DOD. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff stated the applicant had provided a revised elevation which had been provided to the Commission and was being projected on the screen. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the building height be lowered to 39 feet to meet the building height criteria as established in the Hillcrest Design Overlay District. Staff also presented a recommendation the parking layout along the southern perimeter be redesigned to meet the parking design criteria established in 36-511 of the zoning ordinance. Staff presented a recommendation signage be limited to signage allowed per the Hillcrest DOD. October 30, 2008 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8408 9 Mr. Jamie Moses was present representing the request. He stated the development was proposed as in infill development. He stated the desire was to remove a 10-unit apartment development and construct a new 12-unit condominium housing development on the site. He stated the site would comply with the Hillcrest DOD with regard to building height. Mr. Hank Bates addressed the Commission on behalf of the Hillcrest Residents Association Board. He stated the developers met with the Residents Association Board and they had voted to not support the previous plan. He stated based on the revision he was not sure if the Board would support the development or not. He requested a deferral of the item to allow the Board to consider the revised site plan. He stated the only recommendation he could provide the Commission was a vote of non- support. He stated the concerns of the Board were the height, the massing, the overall lot coverage and the parking. He stated he felt the architect had addressed a number of these concerns but once again could not provide the Commission with a vote of support from the Board since they had not reviewed the item. Mr. John Swam filled out a card in opposition but left prior to the item being called. Mr. Moses stated the development was a quality development constructed with architectural qualities to fit the character of the neighborhood. He stated parking would be provided on site to satisfy the ordinance requirements. He stated the development had reduced the height, provided a revised elevation and worked with the neighborhood to address their concerns. He stated based on their time table a deferral would not fit their schedule. Mr. Tyler Denton addressed the Commission as a partner in the development. He stated during the time waiting for the item to be called he and Mr. Moses had met with Mr. Swam to discuss his concerns. He stated his concerns were with site lighting, parking, noise, screening and drainage. He stated he had assured Mr. Swam that prior to construction they would provide him with a copy of the plans and address any of his concerns related to the proposed development. He stated prior to the item being considered by the Board of Directors he and Mr. Moses would meet once again with the Hillcrest Residents Association to try to gain their support. The chair entertained a motion for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 17 FILE NO.: Z-7787-A NAME: Skyhawk Circle Long-form PD-C Revocation LOCATION: Located at 4500 Skyhawk Circle DEVELOPER: Rebekah Price 4500 Skyhawk Circle Little Rock, AR 72223 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.78 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Single-family Commercial Cabinet Shop PROPOSED ZONING: Restoration of the previously held R-2, Single-family zoning PROPOSED USE: Single-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,329, adopted by the Little Rock Board of Directors on June 7, 2005, rezoned this site from R-2, Single-family to PD-C to allow the owner to utilize a shop building located on the property as a commercial cabinet shop. The allowance was for this owner only and the applicant was only allowed to construct cabinetry for the owners spouse’s construction contracting business. There were limits placed on the number of deliveries allowed per year, the days and hours of operation and there was to be no employees of the business. A condition was placed on the approval that when the business was no longer operating from this site the PD-C zoning be revoked. The property is outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. October 30, 2008 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-7787-A 2 A. PROPOSAL/REQUEST: The applicant’s request is now to revoke the PD-C zoning classification for this site. The applicant has indicated the commercial cabinet construction has been relocated from this site. Per Section 36-454(d) the Owner may for cause request repeal of the ordinance establishing the development. B. EXISTING CONDITIONS: The site contains an existing metal building and a single-family residence. The site is heavily wooded with the exception of the developed area. The driveway is a narrow gravel drive extending from an also narrow access easement. The area contains single-family homes on large tracts of five plus acres. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified, located within 300 feet and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. STAFF RECOMMENDATIONS: Staff recommends approval of the revocation request of the PD-C zoning classification and the restoration of the previously held R-2, Single-family zoning classifications. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the revocation request of the PD-C zoning classification and the restoration of the previously held R-2, Single-family zoning classifications. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. October 30, 2008 ITEM NO.: 18 FILE NO.: LA-0022 NAME: Saddle Creek Ph 2 Land Alteration Variance Request LOCATION: North of Highway 10 at Ranch Boulevard APPLICANT: Ranch Properties APPLICANT’S REPRESENTATIVE: White-Daters and Associates, Inc. AREA: Approximately 6.8 acres CURRENT ZONING: Planned Commercial Development and C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance clear and grade a multi-lot or multi-phase development where construction is imminent on one the phases of the development. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance clear and grade property where construction is imminent on one of five lots. Land alterations will not commence until adequate documentation has been provided to staff that proves construction is imminent. The approximately 6.8 acre property (“the property”) is located in the Ranch and consists of lots D-4, D-3 located west of Ranch Blvd. and lots B-7, B-8, and B-9 located east of Ranch Blvd. The applicant proposes to remove approximately 8000 cubic yards of fill from lots B-7, B-8, and B-9 and place the fill on lots D-4 and D-3. With the grading, 10 trees will be removed within the property. No trees will be removed within 40 ft of the Highway 10 right-of-way. The landscape berms along Highway 10 will be installed following the completion of grading. The applicant is requesting to begin grading the entire site with construction imminent on one of the five lots along with construction of a right turn lane and driveways on Highway 10, with internal driveways and utilities. The Land Alteration Regulations specifically state the variances that can be requested from the regulations. The regulations state a variance for advanced grading can only be requested in a multi-lot or multiphase development where construction is not imminent on all phases of the development. This language implies and has been consistently administered as part of other applications that construction must be imminent on at least one of the lots for advanced grading. October 30, 2008 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LA-0022 2 B. EXISTING CONDITIONS: This approximately 6.8 acre property has various zonings. Lots D-3, B-7, B-8, and B-9 are zoned planned commercial development (PCD). Lot D-4 is zoned C3. The property fronts Ranch Blvd. on both the east and west sides and fronts on the north side of Highway 10. The property is mainly pasture land with very few trees. A bank is located west of the property on C3 zoned property. To the north of lot D-4 is Ranch Drive. North of Ranch Drive are office buildings on property zoned O2. North of Lots B-7, B-8, and B-9 are the existing Saddle Creek Center and the veterinary clinic both on properties zoned C2. To the east of the property is the Family Life Center on property zoned O3. To the south is Highway 10 as mentioned earlier. South of Highway 10 is Chevaux Court Subdivision on property zone R2 and a developing office complex on property zoned Planned Office Development (POD). C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any phone calls or letters asking questions or requesting additional information. 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. A grading permit in accordance with Section 29-186(c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. When are the advanced grading activities desired to begin? A grading permit will be required for the destination of the excavated material if within the city limits. 3. Berms should be constructed along Cantrell Road in conformance with the Highway 10 Design Overlay District. 4. Erosion controls must be installed to reduce discharge of polluted stormwater. 5. Repair or replace any street, curb and gutter or sidewalk that is damaged in the public right-of-way at the completion of the advanced grading activities or prior to occupancy. 6. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. October 30, 2008 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LA-0022 3 E. SUBDIVISION COMMITTEE COMMENTS: (October 9, 2008) The applicant was present. Staff stated the comments as written above. The applicant’s representatives, Tim Daters of White-Daters and Associates, stated the clearing and grading will comply with Little Rock code, staff recommendations, and comments. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: The request is to clear and grade the approximately 6.8 acre property located at the Ranch. Fill material will be removed from the lots on the east side of Ranch Blvd. and hauled by truck for placement on the lots on the west side of Ranch Blvd. Approximately 8000 cubic yards of fill will be excavated and about 10 trees removed. Trees within 40 ft of the Highway 10 right-of-way will not be removed. The deepest cut will be approximately 15 ft on lot B-9 near the east property line. The grades of lots B-7, B-8, and B-9 will be similar in elevation to Highway 10 to the south and the existing Saddle Creek Center to the north. Silt fence is proposed to be used as part of the erosion control devices. Fill will be placed on lots D-3 and D-4 to raise the lots to the street elevation or above. No drainage problems are believed to occur with this work. After further review, only a single grading permit is needed for this project. The Land Alteration Regulations (Sec. 29-186(b)) specifically state no land alteration shall be permitted until all necessary city approvals of all plans and permits, except building permit, have been issued and construction is imminent. Imminent construction as defined by code as the installation of a foundation or erection of a structure without unreasonable delay following land alteration activities. In short, a grading permit cannot be issued by staff for the clearing and filling without construction being imminent. The code does provide the Planning Commission with the authority to grant a variance for issuance of a grading permit to clear and grade a multi-lot or multi- phase development where construction is not imminent on all phases of the development. With this application, the applicant desires to clear and fill the property and develop one of the lots along with the construction of a right turn lane and driveways on Highway 10, with internal driveways and utilities. Staff considers these activities to be imminent construction and has been historically administered by staff on other applications. October 30, 2008 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LA-0022 4 G. STAFF RECOMMENDATION: Since the applicant desires to begin construction on at least one lot on the multi-lot property following land alteration regulations, staff recommends approval for this item as requested by the applicant for approval of variance for advanced grading. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the variance request to allow grading of this multi-lot development when construction was imminent on one of the lots. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position.