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HomeMy WebLinkAboutpc_10 13 2005 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD OCTOBER 13, 2005 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Pam Adcock Gary Langlais Mizan Rahman Bill Rector Robert Stebbins Jerry Meyer Norm Floyd Fred Allen, Jr. Jeff Yates Darrin Williams Chauncey Taylor Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the September 1, 2005 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING OCTOBER 13, 2005 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-7725 Black Community Developers Group Home – Special Use Permit 4017 West 12th Street B. Z-7726 Victory Outreach Church Group Home – Special Use Permit 3401 West 12th Street C. Z-7910 Advanced Auto Parts – Conditional Use Permit 5508 West 12th Street D. G-23-349 Unnamed Street – Right-of-Way Abandonment Adjacent to 11525 Summit Road E. G-23-350 Unnamed Street – Right-of-Way Abandonment Adjacent to 11324 Kanis Road F. LU05-19-02 A Land Use Plan Amendment in the Chenal Planning District on the south side of Cantrell Road at Norton Road from Single Family to Commercial. F.1. Z-7880 Rezoning from R-2 to C-3 6, 12, 14 and 17 Norton Road G. Z-5224-J Moonlight Fireworks – Conditional Use Permit 7807 Highway 300 H. Z-7911 Williams Day Care Family Home – Special Use Permit 6115 Lyndell Drive I. Z-7912 Colclough Day Care Family Home – Special Use Permit 7424 West 40th Street J. Z-7921 Kumpuris Short-form PD-O, located at 5921 Lee Avenue. Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title 1. Z-7937 Johnson-Williams Day Care Family Home – Special Use Permit 1709 Martin Luther King Drive 2. G-23-354 Manney Road – Right-of-Way Abandonment North of Cantrell Road 3. Z-2534-B Young’s Day Care Center – Conditional Use Permit 1314 Booker Street 4. Z-3459-I Rent-N-Roll – Conditional Use Permit 10215 Mabelvale Plaza Drive, Suite 103 5. Z-5055-F Chenal Country Club – Conditional Use Permit 10 Chenal Club Blvd. 6. Z-5724-B Williams Massage and Day Spa – Conditional Use Permit 11324-B Kanis Road 7. Z-7141-A Roselawn Memorial Park – Conditional Use Permit North of West 26th Street, East of Booker Street 8. Z-7146-A Westpark Village Apartments – Conditional Use Permit 1701 West park Drive, East of Westpark Meadows 9. Z-7146-B Westpark Meadows Parking Lot – Conditional Use Permit 1701 West park Drive, West of Westpark Meadows 10. Z-7853-A Briscoe Accessory Dwelling – Conditional Use Permit 3701 Potter Street 11. Z-7932 Hendrix Day Care Center – Conditional Use Permit 2223 Pine Street 12. Z-7933 Jackson Multisectional Manufactured Home – Conditional Use Permit 4001 East 34th Street 13. Z-7934 Isclaw Multisectional Manufactured Home – Conditional Use Permit 18501 Crystal Valley Road Agenda, Page Three Item Number: File Number: Title 14. Z-7935 Vedant Society of Arkansas – Conditional Use Permit 10224 Nash Lane 15. Z-7936 Claghorn Accessory Dwelling – Conditional Use Permit 12806 Lawson Road 16. Z-7938 Central Arkansas Water Commercial Surface Parking Lot – Conditional Use Permit SE corner of Capitol Avenue and Cumberland Street 17. Z-7939 Advanced Auto Parts – Conditional Use Permit 9520 N. Rodney Parham Road 18. Z-7940 Pleasant Hills C.M.E. Church – Conditional Use Permit 3801 East 38th Street 19. A-305 LRWWU Pump Station Annexation, annexing 1.95 acres west of Pinnacle Valley Road along the northern railroad right-of-way. 20. A-306 Hughes Maywood Annexation, annexing 1 acre on Maywood Drive consisting of a home on Lots 5 and 6, Maywood Manor Subdivision. 21. Proposed 2005 Ordinance Amendment Package October 13, 2005 ITEM NO.: A FILE NO.: Z-7725 NAME: Black Community Developers Group Home – Special Use Permit LOCATION: 4017 West 12th Street OWNER/APPLICANT: Black Community Developers, Inc. PROPOSAL: A special use permit is requested to allow use of the existing duplex on this R-4 zoned lot as group home for up to 12 women; 6 per unit. STAFF REPORT: The task force which is studying the issue of Transitional Housing has not yet completed its work. It is believed that a report will be coming from that group soon; including proposed ordinance changes. Staff believes this item needs to be deferred to the December 16, 2004 Agenda to allow that process to continue. STAFF RECOMMENDATION: Staff recommends that this item be deferred to the December 16, 2004 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. October 13, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7725 2 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at its February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. October 13, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7725 3 PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 agenda to allow further review of the issue of Transitional Housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issue. The matter was most recently discussed at the Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. October 13, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7725 4 STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal. Staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: On July 21, 2005, the Commission voted to recommend approval of the Ordinance Amendments. The amendments were scheduled for the Board of Directors’ September 6, 2005 Agenda. If the amendments are adopted, this application will be amended to a special use permit. The item needs to be deferred to the Commission’s October 13, 2005 agenda to allow time for the Board to act on the proposed amendments. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the October 13, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to October 13, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: Staff is in the process of reviewing this Special Use Permit as per the new ordinance requirements passed by the Board of Directors for Group Home facilities on September 6, 2005. The applicant has not yet mailed the required notices to surrounding property owners. Therefore, staff recommends this application be deferred for one (1) additional cycle to allow time for the staff October 13, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7725 5 review and the applicant to obtain an abstract list and notify surrounding property owners. Staff recommends the item be deferred to the December 1, 2005 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff recommended this item be deferred to the December 1, 2005 Agenda to allow the applicant additional time to send the required notices to surrounding property owners and to allow staff time to review the application based on the new ordinance standards for Group Home type uses. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: B FILE NO.: Z-7726 NAME: Victory Outreach Church Group Home – Special Use Permit LOCATION: 3401 West 12th Street OWNER/APPLICANT: Victory Outreach Church/Deverick Green PROPOSAL: A special use permit is requested to allow use of the existing duplex on this R-4 zoned lot as a group home facility for up to 11 men and an on-site manager. STAFF REPORT: The task force which is studying the issue of Transitional Housing has not yet completed its work. It is believed that a report will be coming from that group soon; including proposed ordinance changes. Staff believes this item needs to be deferred to the December 16, 2004 agenda to allow that process to continue. STAFF RECOMMENDATION: Staff recommends that this item be deferred to the December 16, 2004 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposed ordinance changes, is not complete. This item needs to be deferral to the February 3, 2005 Agenda to allow that process to continue. October 13, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7726 2 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at is February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. October 13, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7726 3 PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 Agenda to allow further review of the issue of transitional housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issues. The matter was most recently discussed at the Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21, 2005 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. October 13, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7726 4 STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal, staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: On July 21, 2005, the Commission voted to recommend approval of the Ordinance Amendments. The amendments were scheduled for the Board of Directors’ September 6, 2005 Agenda. If the amendments are adopted, this application will be amended to a special use permit. The item needs to be deferred to the Commission’s October 13, 2005 agenda to allow time for the Board to act on the proposed amendments. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the October 13, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to October 13, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: Staff is in the process of reviewing this Special Use Permit as per the new ordinance requirements passed by the Board of Directors for Group Home facilities on September 6, 2005. The applicant has not yet mailed the required notices to surrounding property owners. Therefore, staff recommends this application be deferred for one (1) additional cycle to allow time for the staff October 13, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7726 5 review and the applicant to obtain an abstract list and notify surrounding property owners. Staff recommends the item be deferred to the December 1, 2005 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff recommended this item be deferred to the December 1, 2005 Agenda to allow the applicant additional time to send the required notices to surrounding property owners and to allow staff time to review the application based on the new ordinance standards for Group Home type uses. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: C FILE NO.: Z-7910 NAME: Advanced Auto Parts – Conditional Use Permit LOCATION: 5508 West 12th Street OWNER/APPLICANT: ADVA Holdings, LLC/Roberts and Williams Associates PROPOSAL: A conditional use permit is requested to allow auto parts sales with limited auto parts installation on this C-3 and C-4 zoned property. 1. SITE LOCATION: The property is located on the north side of West 12th Street; between Fair Park Blvd. and Taylor Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning. A variety of commercial uses are located along 12th Street; including convenience stores, restaurants and retail sales businesses. The C-3 zoned property to the north is occupied by an apartment building. The proposed use is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Oak Forest and War Memorial Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: This 7,000 square foot retail sales use requires 23 on-site parking spaces. The applicant proposes to construct 28 spaces on the site. Access will be at three points; one on 12th Street, one off of Fair Park corresponding to the existing alley and one near Taylor again corresponding to the existing alley. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Areas set aside for buffers and landscaping meet with minimum standards, taking into account the reductions allowed within the designated mature areas of the City. October 13, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7910 2 5. PUBLIC WORKS COMMENTS: 1. Redraw centerline to take into account previous widening on south side of 12th Street. Original centerline is 29 feet from south curb line of 12th Street. 2. 12th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 40 feet from centerline will be required (reduced standard right-of-way). 3. Fair Park is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 40 feet from centerline will be required. 4. Redraw centerline from existing right-of-way line of property west of Taylor Street. Original centerline is 25 feet from west right-of-way line of Taylor Street. 5. The proposed land use would classify Taylor Street on the Master Street Plan as a commercial street. A dedication of right-of-way 30 feet from centerline will be required. 6. The west proposed driveway should be narrowed from 36 ft. to 28 ft. away from Taylor Street side. 7. Since existing driveways along with curb and guttering will be removed for new construction, locate sidewalk 5 feet from back of curb. 8. Stormwater detention will not apply to the proposed development. 9. 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) 379-1817 (Derrick Bergfield) for more information. 10. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Access ramp is required for Taylor Street crossing. Access ramp is not allowed for 12th Street crossing at Taylor Street. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 12. Provide sketch grading and drainage plan for property including alley. October 13, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7910 3 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. 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 regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. County Planning: No Comments. CATA: The site is located on a CATA Bus Route; 12th Street. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding building design, signage, days and hours of operation and number of employees. Staff asked that dumpster pickup be limited to day light business hours. The applicant was asked to provide hours for delivery. Staff discussed the issue of limited parts installation and asked the applicant to provide a detailed explanation of the use. Staff suggested that signage be posted on the site clearly stating that no vehicle repair work or service is to be performed on the site other than that minor installation to be performed by employees of Advanced Auto Parts. October 13, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7910 4 Utility, Landscape and Public Works Comments were discussed. The applicant responded that required right-of-way, street improvements and landscaping would be installed. The applicant stated there would possibly be a need to locate the delivery truck parking in a different site. He was advised to indicate it on the plan. The applicant was advised to contact the other reviewing agencies if there were questions about their comments. The applicant was advised to respond to staff comments by August 17, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Advanced Auto Parts proposes to construct a new, retail auto parts sales store on the C-4 and C-3 zoned property at 5508 West 12th Street. The store will occupy the south half of the block on the north side of West 12th Street, between Fair Park Blvd. and Taylor Street. The property is currently occupied by a vacant gas station building, a restaurant and a parking lot. A conditional use permit is needed because, as a part of its customer service, Advance Auto Parts provides complementary installation of batteries, windshield wiper blades and other minor automotive accessories or complimentary additions. The building is proposed to have a rear yard setback of 7 feet, abutting the alley. Since the street yard setbacks all exceed 25 feet, the rear yard may, by-right, be reduced to 15 feet. A variance is requested to allow the 7-foot rear yard. The proposed building will be one-story in height and will have the typical Advanced Auto Parts corporate design. Days and hours of operation are proposed as seven days a week, 8:00 a.m. to 10:00 p.m. Typically, there will be five (5) employees on the site at a time. The dumpster is shown at the rear of the site and screening will comply with ordinance standards. Pick-up of dumpster will be limited to daylight business hours. Signage will consist of wall signs on the street facades of the building and a single, 147 square foot, 35 foot tall ground-mounted sign. There will be no outside storage of merchandise and parts. Deliveries to the site are typically made once a week and will occur before 5:00 p.m. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. The plan has been redrawn to address Public Works requirements. Landscaping complies with ordinance requirements for the mature area of the City. Since the retail auto parts store is a by-right use, staff has focused their concerns on the issue of limited motor vehicle parts installation. This is only a concern since the installation will typically occur in the parking lot. Staff wants strict limitations on the level of activity that can occur outside of the building. Staff wants signs posted clearly stating that no vehicle repair work or service is to be performed on the site, other than the minor parts installation performed by October 13, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7910 5 Advanced employees. It is also important that the site be cleaned each day. The applicant has agreed to comply with those conditions. With the limits placed on the use as suggested by staff, the proposed use should be compatible with the neighborhood. The 1910 bill of assurance does not address use issues. The rear yard setback variance is minor and the property abuts a 16 foot alley right-of-way on the rear, which provides separation from the property to the north. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to allow limited parts installation by Advanced Auto Parts employees subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Dumpster pick-up hours are to be limited to daylight business hours (not prior to 8:00 a.m.). 3. There is to be no outside storage of merchandise or parts. 4. The limited installation of vehicle parts is to be restricted to employees of Advanced Auto Part. 5. Signs are to be posted on each façade of the building, which clearly state that, no vehicle repair work or service is to be performed on the site other than the limited parts installation, which is performed by Advanced Auto Parts employees. 6. The site is to be cleaned on a daily basis. 7. Delivery trucks are to park on the site and not in the alley located behind the site. 8. The overall parking lot will be cleaned by power washing, steam cleaning or similar method at least twice annually. Staff recommends approval of the requested rear yard setback variance. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicant was present. There was one objector present. The applicant requested that the item be deferred so that he might have an opportunity to address concerns raised by the objector, prior to the meeting. A motion was made to waive the Commission’s bylaws to allow the late request for deferral. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. A motion October 13, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7910 6 was then made to defer the item to October 13, 2005. That motion was approved by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: D FILE NO.: G-23-349 Name: Unnamed Street – Right-of-Way Abandonment Location: Adjacent to 11525 Summit Road Owner/Applicant: Pleasant Ridge Development Company, LLLP/ White-Daters and Associates Request: To abandon an undeveloped, unnamed 20-foot by 85-foot street right-of-way. Purpose: To incorporate the area of abandonment into the adjacent property to the north and south for future development. STAFF UPDATE: The applicant has not submitted all of the required paperwork to complete the application process. Therefore, staff recommends the item be deferred to the September 1, 2005 Planning Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. STAFF UPDATE: The applicant has not submitted all of the required paperwork to complete the application process. Staff recommends the item be deferred to the October 13, 2005 Planning Commission Agenda. The required documents must be submitted to staff prior to the September 22, 2005 Subdivision Committee meeting, or staff will recommend the application be withdrawn. October 13, 2005 ITEM NO.: D (Cont.) FILE NO.: G-23-349 2 PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff informed the Commission that the item needed to be deferred to the October 13, 2005 Agenda due to the applicant not submitting all of the required paperwork to complete the application process. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. STAFF UPDATE: The applicant failed to submit the required documents needed to complete the application process prior to the September 22, 2005 Subdivision Committee meeting. Therefore, staff recommends this item be withdrawn, without prejudice. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant failed to submit the required documents needed to complete the application process. Staff recommended the application be withdrawn, without prejudice. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: E FILE NO.: G-23-350 Name: Unnamed Street – Right-of-Way Abandonment Location: Adjacent to 11324 Kanis Road Owner/Applicant: Michael Hendrixson/ White-Daters and Associates Request: To abandon an undeveloped, unnamed 30-foot wide right-of-way between Tracts 58 and 59, West Highland Subdivision. Purpose: To incorporate the area of abandonment into the adjacent property to the east and west for future development. STAFF UPDATE: The applicant has not submitted all of the required paperwork to complete the application process. Therefore, staff recommends the item be deferred to the September 1, 2005 Planning Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. STAFF UPDATE: The applicant has not submitted all of the required paperwork to complete the application process. Staff recommends the item be deferred to the October 13, 2005 Planning Commission Agenda. The required documents must be submitted to staff prior to the September 22, 2005 Subdivision Committee meeting, or staff will recommend the application be withdrawn. October 13, 2005 ITEM NO.: E (Cont.) FILE NO.: G-23-350 2 PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff informed the Commission that the item needed to be deferred to the October 13, 2005 Agenda due to the applicant not submitting all of the required paperwork to complete the application process. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. STAFF UPDATE: The applicant failed to submit the required documents needed to complete the application process prior to the September 22, 2005 Subdivision Committee meeting. Therefore, staff recommends this item be withdrawn, without prejudice. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant failed to submit the required documents needed to complete the application process. Staff recommended the application be withdrawn, without prejudice. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: F FILE NO.: LU05-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: South side of Cantrell Road at Norton Road Request: Single Family to Commercial Source: Troy D. Laha PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning to C-3 (General Commercial District) for future development. Staff is not expanding the application since the Land Use Plan in this area has been reviewed several times within the past year. EXISTING LAND USE AND ZONING: The application area is partly developed with four single-family homes on large lots, currently zoned R-2 (Single Family District), and twelve acres ± in size. Between Cantrell Road and part of the proposed area for change several parcels of land zoned R-2 and developed with three single-family homes. Northeast of the application is land zoned PDO (Planned Development Office) recently developed with a Kids Academy daycare/learning center; a PCD (Planned Commercial Development) developed with an auto sales lot/collision center in a small building; R-2 land developed with a single family home; and Multiple PCDs developed with La Palupa Mexican Restaurant, Action Window Coverings, a foreign auto repair service, a drapery shop, and First Financial Computer Services; and additional undeveloped O-3 land. North of the site, Valley Ranch Drive intersects Cantrell Road. The west side of Valley Ranch Drive is undeveloped and zoned O-1 (Quiet Office District) and the east side is zoned O- 3 (General Office District), mostly undeveloped, with the exception of one office building. Immediately east of the application area are lands zoned R-2 with homes on large lots. About a quarter mile southeast of the application is undeveloped land zoned MF-12 (Multifamily District) that is undeveloped. Immediately south and southwest of the application is land zoned R-2 and developed with the Aberdeen Court subdivision consisting of single-family homes on suburban lots. Immediately to the west is the Maywood Manor Subdivision developed with single-family homes on large lots. Further west are large tracts of land zoned R-2 and partly developed with single-family homes on October 13, 2005 ITEM NO.: F (Cont.) FILE NO.: LU05-19-02 2 large lots. Northwest of the property is land zoned R-2 developed by a single home on a large lot, and Little Rock Christian Academy. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 5, 2005 a multiple changes were made within a one-mile radius of the property. Land less than a quarter mile west of the property and on the north and south sides of Cantrell Road was changed to Public Institutional to represent existing institutional uses. Approximately a half-mile west of the site along Chenal Parkway near Northfield Drive (Chalamont Drive) and Cantrell Road, changes were made to Commercial, and Suburban Office to recognize adjacent land uses along Cantrell. About a mile west of the site changes were made to Low Density Residential, Single Family and Suburban Office for future development. Less than one half mile east of the site at Ranch Boulevard on the north side of Cantrell Road changes were made to Commercial and Public Institutional to reflect existing conditions. On February 17, 2004 five parcels of land were changed in the area of Chenal Parkway, and Highway 300 approximately one half to one mile northwest of the application. This eliminated land shown as Single Family and added land shown as Office, Commercial, Open Space, and Multifamily west of the property in question. The reasons for this change were to accommodate future development to create an orderly transition of use intensities between the Commercial and Single Family areas. On January 2, 2002 three changes were made to the Land Use Plan at three locations in the area approximately three quarter miles west of the application. All changes resulted in the loss of Single Family and resulted in the addition of Commercial north and east of Northfield Drive (Chalamont Drive) and Chenal Parkway, Suburban Office south and east of Northfield Drive (Chalamont Drive) and Chenal Parkway including the first transmission line easement, and Park/Open Space for the remainder of the land south and east of Northfield Drive (Chalamont Drive) between Chenal Parkway and Aberdeen Subdivision. On March 6, 2001 a change was made from Single Family to Commercial approximately one half mile west of the application expanding an existing Commercial area just east of the Chenal Parkway and Cantrell Road intersection to accommodate future commercial development southwest of the application. The property is shown as Single Family on the Plan. Surrounding this property is shown as Single family on the south, east, west, and part of the northern sides. North of the application on the north side of Cantrell Road is shown as Suburban Office and Office. Further to the northeast is shown as an Existing Business Node, which is separated from the application by a Single Family area. This existing Business node straddles both sides of Cantrell Road east of the application. October 13, 2005 ITEM NO.: F (Cont.) FILE NO.: LU05-19-02 3 MASTER STREET PLAN: Norton Road is shown as a Local Street on the Plan. The primary function of a Local Street is to provide access to adjacent properties. Cantrell Road is shown as a Principal Arterial and is built as a five-lane road adjacent to the property. 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 Cantrell Road since it is a Principal Arterial. Additional commercial and office uses at this site could result in added congestion on this section of Cantrell Road. Cantrell Road 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 on Cantrell Road from Chenonceau Boulevard to the Chenal Parkway. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right of way may be required. PARKS: This application is in the West Little Rock Park Planning District. The Master Parks Plan identifies a lack of public parks in the west Little Rock area and recognizes private neighborhood parks and recreation facilities as parkland in the west Little Rock area. The largest park in this area is Taylor Loop Park, which is a thirty-five acre community park that is undeveloped and approximately three miles west of the site. Since this application is adjacent to the Little Rock Christian Academy and near several property owner association parks, the recreation activities are available in the area and does not categorize it as being in a service deficit area. The Parks and Recreation Master Plan does not indicate any new proposed public parks for the area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. October 13, 2005 ITEM NO.: F (Cont.) FILE NO.: LU05-19-02 4 ANALYSIS: The land use plan in this area was reviewed in late 2004 / early 2005 as part of the Highway 10 Land Use Plan Review which resulted in 18 amendments to the Land Use Plan along Cantrell Road between Morgan Cemetery Road and Black Street. In the immediate area of the application no changes were made to the single-family area because staff felt that Single Family development was appropriate for this location. Single Family development at this location would be in character with neighboring single-family development and new single-family development that has occurred in the area. New single-family development in the area is Cheveaux Court, Montagne Court, and Valley Falls Estates, and several recent small subdivisions to the east. South of the property is Aberdeen Court, which was constructed in the late 1990’s and to the west is Maywood Manor. This has shown a desire for single-family growth along the south of Cantrell Road. At the time of the review Staff felt it was appropriate that the area remain Single Family to reflect the close proximity of two adjacent residential subdivisions. Currently this site is located in a rural area along Cantrell Road in a county island completely surrounded by the city of Little Rock. Before the arrival of the nearby city limits, properties northeast of this area developed with small commercial buildings in a pattern consistent with the once rural highway. When the land was added to the city’s Extraterritorial Land Use and Zoning area, these once rural uses were shown as an Existing Business Node intending to recognize that there was a significant concentration of commercial business at the location. These uses generally are not in compliance with the Highway 10 Overlay District requirements and have various setbacks and building styles that make it unique to the area. A Planned Office Development for a “Kids Place” Daycare has been recently developed between this property and the Existing Business Node. This light office use could provide a transition from the Existing Business Node and the Single Family area. To the east of the property is Patrick Country Road which represents a border between the Existing Business Node and a large Commercial area know as the “The Ranch” development which represents a large commercial and office area. This has established the Ranch area as a major Commercial Node in the area. Currently parts of the Commercial area remain undeveloped. West of the application is another Commercial Node at the intersection of Chenal Parkway and Cantrell Road. This Commercial area represents approximately 100 acres of land shown and is just under half developed. Recent development of a Wal-Mart Supercenter may serve as a catalyst for additional Commercial development at the Chenal Parkway / Cantrell Road Commercial Node. October 13, 2005 ITEM NO.: F (Cont.) FILE NO.: LU05-19-02 5 Both of the previously mentioned Commercial Nodes are located at the intersections of Arterials. Typically staff feels that locations of intense uses should be located at intersections to prevent strip development patterns and to minimize negative effects on arterials. This change to Commercial could allow for high intensity Commercial use in between two large commercial nodes. Already in the area some commercial businesses exist in the existing business node. All of these businesses are zoned through the Planned Zoning District, which results in more control in use and design. The addition of a Commercial area west of this area could allow for straight zoning in the area resulting in undesirable development along Cantrell Road and adjacent to two single-family subdivisions. Since both of the nearby Commercial Nodes have not developed completely any addition of Commercial to the area could be considered premature. This change would also add to strip commercial development along Cantrell Road through this section. Addition of Commercial at this location would introduce the potential of non- residential activities adjacent to new, potential, and established residential areas. Since new subdivisions have been platted and constructed in recent years, and the future plan has indicated Single Family development for that property, the change may have a negative impact on the surrounding area. Southeast of the site is undeveloped land shown as Multifamily that is intended to provide the buffer from Commercial and Suburban Office areas located at Chenonceau Boulevard. This Commercial addition would result in adjacent land uses with no buffer between. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Hillsborough Property Owners Association, Du Quesne Place P.O.A., Chenal Ridge Property, St. Charles Community Association, Johnson Ranch Neighborhood Association, Maywood Manor Neighborhood Association, Aberdeen Court Property Owners Association, Hunters Cove Property Owners Association, Carriage Creek Property Owners Association, Bayonne Place Property Owners Association, Eagle Pointe Property Owners Association, Glen Eagles Property Owners Association, Hunters Green Property Owners Association, Margeaux Place Property Owners Association, Pinnacle Neighborhood Association, and the River Valley Property Owners Association. Staff has received comments from the Aberdeen Court Property Owners’ Association, which is adjacent to the application area. The property owners association represents Aberdeen Court’s 198 homeowners and opposes this change. October 13, 2005 ITEM NO.: F (Cont.) FILE NO.: LU05-19-02 6 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate because it would result in commercial in close proximity to residential subdivisions, could lead to strip commercial development along Cantrell Road, an adequate Commercial space is located at two commercial nodes east and west of the site. PLANNING COMMISSION ACTION: (JULY 21, 2005) The Item was placed on consent agenda for deferral to September 1, 2005. By a vote of 11 yes and 0 no the consent agenda was approved. STAFF UPDATE: Staff has contacted the applicant regarding the application. The applicant has indicated that they plan on deferring the application to a later date. At the time of printing the applicant had not indicated what date they would like to defer the item to. The application remains unchanged and staff is supportive of a deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The item was placed on the consent agenda for deferral to the October 13, 2005 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: Staff has contacted the applicant regarding the application. The applicant has requested the application be deferred to the January 19, 2006 hearing. The application remains unchanged and staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) This item was placed on the consent agenda for deferral to January 19, 2006. By a vote of 11 for, 0 against the consent agenda was approved as recommended. October 13, 2005 ITEM NO.: F.1 FILE NO.: Z-7880 Owner: Paul and Mary Debusk, William and Ruth Eldridge, Mark and Kimberly Allen, David and Sonya McFatrich Applicant: Troy D. Laha Location: 6, 12, 14 and 17 Norton Road Area: 11.7 Acres Request: Rezone from R-2 to C-3 Purpose: Future Commercial Development Existing Use: Single Family Residential (4 residences) SURROUNDING LAND USE AND ZONING North – Mixed uses and undeveloped property; zoned O-1, O-3, PCD and R-2 South – Single family residences; zoned R-2 East – Single family residences and mixed commercial uses along Cantrell Road, zoned R-2, PD-O and PCD West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Cantrell 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 design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 3. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. October 13, 2005 ITEM NO.: F.1 (Cont.) FILE NO.: Z-7880 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #25 (Highway 10 Express Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Maywood Manor and Aberdeen Court Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a zoning change from R-2 (Single Family District) to C-3 (General Commercial District) for speculative zoning. A land use plan amendment for a change to Commercial is a separate item on this agenda (LU05-19-02). Master Street Plan: Norton Road is shown as a Local Street on the Plan. The primary function of a Local Street is to provide access to adjacent properties. Cantrell Road is shown as a Principal Arterial and is built as a five-lane road adjacent to the property. 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 exists should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Additional commercial and office uses at this site could result in added congestion on this section of Cantrell Road. Cantrell Road 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 on Cantrell Road from Chenonceau Boulevard to the Chenal Parkway. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right-of-way may be required. October 13, 2005 ITEM NO.: F.1 (Cont.) FILE NO.: Z-7880 3 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. E. STAFF ANALYSIS: The Debusk, Eldridge, Allen and McFatrich families, owners of the 11.7 Acres of property located at 6, 12, 14 and 17 Norton Road, are requesting to rezone the property from “R-2” Single Family Residential to “C-3” General Commercial District. The rezoning is proposed for future commercial development of the property. There are currently four (4) single family residences located within the boundary of the 11.7 Acre property. A portion of the property at the southwest corner of Cantrell Road and Norton Road is undeveloped. There are existing single family residential neighborhoods located immediately west and south of the property. There are single family residences on large lots located to the east. A day care center and restaurant are located to the east, along the south side of Cantrell Road. There is a mixture of commercial uses and undeveloped office zoned property to the north and northeast, along the north side of Cantrell Road. The City’s Future Land Use Plan designates this property as Single Family. A proposed Land Use Plan Amendment (LU05-19-02) for a change to commercial is a separate item on this agenda (Item 8). Staff is not supportive of the requested C-3 zoning nor the Land Use Plan Amendment to Commercial. Staff believes the rezoning of this property to C-3 is inappropriate. Staff has concerns with locating C-3 zoned property over 1,000 feet back from Cantrell Road and adjacent to single family residences on three (3) sides (east, west and south). The property is currently divided into four (4) tracts. The rear three (3) tracts (12, 14 and 17 Norton Road) are located over 300 feet back from Cantrell Road, and therefore would not have to conform to the Highway 10 Design Overlay Standards, including increased buffers and building setbacks, if developed separately. There are existing major commercial nodes to the east and west of this site, at the intersection of Cantrell Road and Chenal Parkway, and in the Ranch development. There are large areas of commercial zoning within these commercial nodes which are currently undeveloped. Therefore, staff views the addition of commercial zoning to the overall area as premature. Staff believes the requested C-3 zoning would have a October 13, 2005 ITEM NO.: F.1 (Cont.) FILE NO.: Z-7880 4 negative impact on and not be compatible with the existing single family neighborhoods to the east, west and south. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff informed the Commission that the applicant requested the application be deferred to the October 13, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant requested the application be deferred to the January 19, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. With a vote of 11 ayes and 0 nays the Commission voted to waive their bylaws and accept the request for a third deferral. October 13, 2005 ITEM NO.: G FILE NO.: Z-5224-J NAME: Moonlight Fireworks – Conditional Use Permit LOCATION: 7807 Highway 300 OWNER/APPLICANT: Charles Terry and Elizabeth Saugey/Stan Wilhite PROPOSAL: A conditional use permit is requested to allow a fireworks stand as a temporary seasonal use on this 1.28-acre tract. The property was rezoned from C-1 to PCD in early 2003. The applicant has indicated a desire to revoke the PCD; to restore the previous C-1 zoning. 1. SITE LOCATION: The property is located outside of the city limits but within the City’s extraterritorial jurisdiction. The site is located at the northwest corner of Highway 300 and Pinnacle Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at a small, commercial node at the intersection of Hwy. 300 and Pinnacle Road. The area is rural in nature and is characterized primarily by single family homes on large tracts. Existing, neighborhood oriented commercial uses are located on the subject property and across Hwy. 300 to the east. The property to the north was recently approved for development by a church. Hwy. 300 is the principal entryway to Pinnacle Mountain State Park. Due to the presence of nearby single family residences, the limited neighborhood type of commercial uses at the intersection and the scenic nature of the highway leading to the park, staff does not feel the proposed use is compatible with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Pinnacle Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has three existing driveways; two off of Hwy. 300 and one off of Pinnacle Road. The driveways access a paved parking lot. The proposed fireworks tent is to be located off of the edge of the parking lot. Uses in the existing buildings on the site have included antique sales and October 13, 2005 ITEM NO.: G (Cont.) FILE NO.: Z-5224-J 2 beauty salon. The existing parking area appears to be adequate to support the existing uses and the proposed temporary sales use. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No comments on temporary fireworks sales. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No Comments. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Water service is not available from Central Arkansas Water at this location. Fire Department: Little Rock Fire Department does not approve of the sale of fireworks. County Planning: Approved as submitted. CATA: The site is outside of the CATA service area. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Mark Stodola was present, representing the application. Staff briefly described the proposed conditional use permit. Staff noted that some additional information (hours of operation, signage plan and number of employees) needed to be provided by the applicant. Staff also noted that the applicant needed to file a request to revoke the existing PCD zoning for the property, restoring the previous C-1 zoning. Staff noted that there were no other outstanding issues associated with the requested conditional use permit. Mr. Stodola noted that the requested information would be provided to staff. October 13, 2005 ITEM NO.: G (Cont.) FILE NO.: Z-5224-J 3 After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The 1.2± acre tract located at the northwest corner of Hwy. 300 and Pinnacle Road is currently occupied by several frame buildings and a parking lot. The buildings have historically contained a variety of uses; including an antique store and beauty salon. On March 4, 2003, the Board of Directors passed Ordinance No. 18,831 which rezoned the site from C-1 to PCD. Under the PCD the property owner proposed to redevelop the site with a 14,800 square foot building and 50 parking spaces. C-1 uses and an auction house were the approved uses. The new development has not occurred. The applicant is requesting approval of a conditional use permit to allow for seasonal placement of a fireworks tent on the site. The request is being made under the property’s previous C-1 zoning. If the C.U.P. is approved, the property owner will petition to have the PCD revoked and the previous C-1 zoning reinstated. The tent is proposed to be located on the southern side of the property, off of the parking lot. The proposed days and hours of operation are from June 20 – July 10 each year, from 8:00 a.m. – 10:00 p.m. No permanent signage is proposed. The applicant proposes to place a banner on the tent’s façade. The business will generally employ 6 persons. There is no bill of assurance for this unplatted, acreage tract. Outside of the city limits, within the City’s extraterritorial jurisdiction, fireworks sales are permitted as a seasonal and temporary sales activity on C-3 and C-4 zoned properties which permit retail sales not listed (enclosed). That use requires a C.U.P. in the C-1 district. Staff is not supportive of approving the C.U.P. to allow fireworks sales. The Little Rock Fire Department does not approve of the sale of fire works. City Code prohibits the possession, sale, manufacture or use of fireworks in the City except in accordance with the fire prevention code. Staff does not believe it is appropriate to approve under a special action (conditional use permit) a use that could have a negative impact on the city since it is probable that fireworks sold at this location could be brought into the City. STAFF RECOMMENDATION: Staff recommends denial of the application. October 13, 2005 ITEM NO.: G (Cont.) FILE NO.: Z-5224-J 4 STAFF REPORT: The applicant failed to respond to issues raised at the June 30, 2005 Subdivision Committee meeting. Staff recommends that the item be deferred to the September 1, 2005 Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred by a vote of 11 ayes, 0 noes and 0 absent. STAFF REPORT: On August 18, 2005, the applicant contacted staff and requested that the item be deferred to the October 13, 2005 Commission meeting. The applicant has submitted responses to the issues raised at the June 30, 2005 Subdivision Committee meeting. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff informed the Commission of the applicant’s deferral request. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to October 13, 2005. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant requested the application be deferred to the December 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 10 ayes and 1 nay. With a vote of 10 ayes and 1 nay the Commission voted to waive their bylaws and accept the request for a third deferral. Commissioner Floyd noted that he was opposed to an additional deferral. October 13, 2005 ITEM NO.: H FILE NO.: Z-7911 Name: William Day Care Family Home – Special Use Permit Location: 6115 Lyndell Drive Applicant: Katherine Williams Owner: Dr. Doyle Richard Johnson Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 6115 Lyndell Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Wakefield, Geyer Springs, Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6115 Lyndell Drive is located on the east side of Lyndell Drive, south of Ballinger Road. All surrounding properties are zoned R-2 and contain single family residences. There are multifamily developments located further east and south along Butler Road, with a state licensed day care center approximately 230 feet to the southeast at 6310 Butler Road. The applicant’s home is one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care family home from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have no employees. She will have a back-up person to care for the children if she is unavailable (illness, out of town, etc.). There is a one-car wide concrete driveway from Lyndell Drive, with parking for three (3) vehicles, including the carport. The driveway should allow sufficient space for drop-off and pick-up of children. On inspection of the property, staff observed no vehicles parked on unpaved area. Staff also observed no vehicles on the site which were not operational. The rear yard is fenced and should provide a safe play area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. October 13, 2005 ITEM NO.: H (Cont.) FILE NO.: Z-7911 2 Pulaski County Circuit Clerk personnel were unable to locate a Bill of Assurance for this neighborhood. There is no day care use currently being operated at this location. The applicant is in the process of becoming licensed by the State Department of Human Services. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. October 13, 2005 ITEM NO.: H (Cont.) FILE NO.: Z-7911 3 i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, the only outstanding issue associated with this application involves an issue of separation. According to Section 36- 54(e)(3)f. “No Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved.” A licensed day care center is currently being operated on the property to the southeast at 6310 Butler Road. This day care center has existed for a number of years. Therefore, the applicant is requesting a variance to allow the day care family home within 300 feet of a permitted day care center. In keeping with the spirit and intent of the newly established ordinance criteria, staff cannot support the proposed special use permit. Staff feels that the two (2) day care uses located within 300 feet of each other could have an adverse impact on the immediate area, by creating an amount of traffic and noise greater than should be allowed in a residential area. To staff’s knowledge, the proposed day care family home would comply with all other ordinance requirements. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) Katherine Williams was present, representing the application. Staff briefly described the proposed day care family home use, outlining the applicant’s proposal. Staff noted that there was an existing licensed day care center October 13, 2005 ITEM NO.: H (Cont.) FILE NO.: Z-7911 4 approximately 230 feet to the southeast at 6310 Butler Road. Staff noted the applicant would need to request a variance from Section 36-54(e)(3)f. for the reduced separation. Ms. Williams indicated she would submit a letter to staff requesting the variance. The separation issue was briefly discussed. After the discussion, the Committee forwarded the issue to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff informed the Commission that the application needed to be deferred to the October 13, 2005 Agenda due to the fact that the applicant failed to complete the notification of surrounding property owners as required. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Katherine Williams was present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of denial. Katherine Williams addressed the Commission in support of the application. She explained that traffic should not be a problem due to the fact that the traffic to the day care center on Butler Road will not have to come down her street (Lyndell Drive). She stated that she was currently caring for less than five (5) children. Troy Laha addressed the Commission in opposition. He stated opposition to the separation variance. He noted that there was a Bill of Assurance for the neighborhood. In response to a question from staff, Ms. Williams noted that she will have to hire one (1) employee if she has 10 children, as required by the State. October 13, 2005 ITEM NO.: H (Cont.) FILE NO.: Z-7911 5 There was a brief discussion regarding the separation issue. Ms. Williams stated the day care center on Butler Road could not be seen from her property. There was additional discussion of the separation issue and how the separation is measured. There was a motion to approve the Special Use Permit, subject to compliance with the conditions as noted in paragraph B. of the agenda staff report. The motion failed by a vote of 3 ayes and 8 nays. The application was denied. October 13, 2005 ITEM NO.: I FILE NO.: Z-7912 Name: Colclough Day Care Family Home – Special Use Permit Location: 7424 West 40th Street Applicant: Willie Faye Colclough Owner: Willie Faye Colclough Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-3 zoned property at 7424 West 40th Street. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Westwood and John Barrow Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 7424 West 40th Street is located at the northeast corner of West 40th Street and Wilder Street. All surrounding properties are zoned R-3. There are single family residences located to the north, east and west. Wilson Elementary School is located across West 40th Street to the south at the southeast corner of West 40th Street and Stannus Street (4015 Stannus Street). The school contains an early childhood education program which is a day care use licensed by the State Department of Human Services. The applicant’s home is a one-story frame structure, and is typical of those in the area. The applicant proposes to operate the day care family home from 3:00 p.m. to midnight, Monday through Friday. The applicant notes that she will have no employees. There is a gravel driveway (with concrete apron) from West 40th Street, with gravel parking for four (4) vehicles at the southeast corner of the residence. Section 36-54(e)(3)i of the City’s Zoning Ordinance (site and location criteria for day care family homes) requires that all vehicles be parked on on-site paved area. The applicant is requesting a variance from this ordinance standard to allow the continued use of the gravel parking area. October 13, 2005 ITEM NO.: I (Cont.) FILE NO.: Z-7912 2 On inspection of the property, staff observed two (2) vehicles parked in the existing gravel parking area. Staff observed no vehicles on the site which were not operational. The rear yard is fenced and should provide a safe play area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of a very old, handwritten, Bill of Assurance for this neighborhood. The Bill of Assurance document is not legible. There is no day care use currently being operated at this location. The applicant is in the process of becoming licensed by the State Department of Human Services. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. October 13, 2005 ITEM NO.: I (Cont.) FILE NO.: Z-7912 3 g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. According to Section 36-54(e)(3)f. “No Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved.” A licensed day care center is currently being operated within the Wilson Elementary School campus located directly to the south across West 40th Street (southeast corner of West 40th Street and Stannus Street). Therefore, the applicant is requesting a variance to allow the day care family home within 300 feet of a permitted day care center. In keeping with the spirit and intent of the newly established ordinance criteria, staff cannot support the proposed special use permit. Staff feels that the two (2) day care uses located on adjacent property could have an adverse impact on the immediate area, by creating an amount of traffic and noise greater than should be allowed in a residential area. October 13, 2005 ITEM NO.: I (Cont.) FILE NO.: Z-7912 4 Staff is also concerned with possible safety issues related to the use of a gravel parking area for a day care use. Additionally, staff feels that the night hours proposed by the applicant are inappropriate for an in-home day care use within a single family subdivision. Staff feels that this type of day care use should operate during day time hours. To staff’s knowledge, the proposed day care family home would comply with all other ordinance requirements. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) Willie Faye Colclough was present, representing the application. Staff briefly described the proposed day care family home use, outlining the applicant’s proposal. Staff noted that there was an existing licensed day care center use within the Wilson Elementary School campus, located directly across West 40th Street to the south. Staff noted the applicant would need to request a variance from Section 36-54(e)(3)f. for the reduced separation. Ms. Colclough indicated she would submit a letter to staff requesting the variance. The separation issue was briefly discussed. Staff also noted that the driveway and parking at the southeast corner of the property was gravel. The parking/paving requirements for day care family homes were briefly discussed. Ms. Colclough indicated that she would request a variance for continued use of the gravel parking area. After the discussion, the Committee forwarded the issue to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff informed the Commission that the applicant requested the application be deferred to the October 13, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: I (Cont.) FILE NO.: Z-7912 5 PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant submitted a request to withdraw the application. Staff recommended the application be withdrawn, without prejudice. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 11 ayes and 0 nays. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the withdrawal request being less that five (5) days prior to the public hearing. October 13, 2005 ITEM NO.: J FILE NO.: Z-7921 NAME: Kumpuris Short-form PD-O LOCATION: 5921 Lee Avenue DEVELOPER: Dr. Dean Kumpuris, MD 417 North University Avenue Little Rock, AR 72205 ENGINEER: Allison Architects, Inc. 200 W. Capitol Avenue, Suite 1400 Little Rock, AR 72201 AREA: 0.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-O PROPOSED USE: Parking lot to serve an existing office building located to the west. VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is proposing a rezoning of the site located at 5921 Lee Avenue from R-3, Single-family to PD-O to allow the development of an employee parking lot to serve an existing office building located to the west. The applicant has indicated the existing single-family dwelling will be removed from the site in order to construct the future parking lot for the staff of the medical offices located at 415 and 417 North University Avenue. The site plan includes the placement of 22 parking spaces with designated landscaped areas. The applicant is requesting a variance from the Zoning Ordinance to allow a reduced land use buffer along the eastern perimeter of the site. The Zoning October 13, 2005 ITEM NO.: J (Cont.) FILE NO.: Z-7921 2 Ordinance typically requires the placement of a land use buffer when abutting residentially zoned or used property. The site located to the east is zoned and used as a residential unit, which would typically require a land use buffer with a minimum width of six feet nine inches. The applicant’s site plan includes the placement of a two-foot land use buffer along the eastern perimeter. The site plan includes the placement of a six-foot wood fence in this area to screen the adjoining property owner. The applicant is requesting two variances from the Landscape Ordinance requirements, which were approved by the City Beautiful Commission at their September 8, 2005, Public Hearing. The City Beautiful Commission approved the applicant’s requested variances to allow a reduced perimeter landscape strip along the eastern and western perimeters of the site and the variance request to allow a reduced number of trees or vines required in the perimeter-planting strip. B. EXISTING CONDITIONS: The site contains an existing vacant single-family home. To the west of the site is an office development accessed from North University Avenue. To the north and east of the site are single-family homes fronting Lee Avenue. To the south of the site is the approved PCD for the Mid-Town Mall. In this area the homes have been removed. Across University Avenue there are a number of residential and non-residential uses including assisted living, residential, a school, a shopping mall and high-rise office buildings. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Hillcrest Residents Neighborhood Association, all property owners located within 200-feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Lee Avenue 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 design of street conforming to the Master Street Plan. Construct one-half street improvement to this street. This project would qualify for an in-lieu contribution. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. All driveways shall be concrete aprons per City Ordinance. October 13, 2005 ITEM NO.: J (Cont.) FILE NO.: Z-7921 3 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Storm water detention will not apply to the proposed development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: Entergy will not be responsible for relocation of any of its facilities and associated cost. Contact Entergy at 954-5158 for additional information. Center-Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located adjacent to a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Multifamily for this property. Immediately west of the application is shown as Office on the Land Use Plan. The applicant has applied for a rezoning from R-3 to POD to allow for a parking lot to serve an adjacent office building. Since this parking lot will serve existing medical uses in the office area next door, and the plan is general in nature, an amendment is not necessary. Master Street Plan: Lee Avenue is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Since the proposed parking lot will serve the adjacent office use, access could be from the existing development and not require access from Lee Avenue. Lee Avenue may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class II bikeway is shown on Lee Avenue. 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. October 13, 2005 ITEM NO.: J (Cont.) FILE NO.: Z-7921 4 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal lists one objective related to this application. The objective is to recreate a neighborhood that is a pleasant place to work and live, and to preserve the net number of residential units by not demolishing them or converting them to other uses. This application will result in the removal of a single-family home to add parking for an adjacent office use. Landscape: The Zoning Ordinance requires a minimum 6’-9” wide land use buffer along the eastern perimeter of the site which abuts residential property. The applicant is proposing to provide a two (2) foot wide land use buffer along the sites eastern perimeter and provide the required landscaping along the northern and southern perimeters and within the interior of the parking lot. Also, the applicant proposes to fully screen the parking lot from the neighbor to the east with a 6’ high opaque good neighbor wooden fence and provide the required number of trees. Additionally, the Landscape Ordinance requires a 6’-9” wide perimeter-planting strip along any side of a vehicular use area that abuts adjoining property. The City Beautiful Commission approved the applicant’s variance request at its September 8, 2005 hearing. These requirements take into account the reduction allowed within the designated mature area. G. SUBDIVISION COMMITTEE COMMENT: (September 8, 2005) Dr. Dean Kumpuris was present representing the request. Staff presented an overview of the proposed application indicating there were few outstanding issues associated with the proposed request. Dr. Kumpuris stated the development was to allow additional parking for his staff. He stated the site plan included the placement of 22 parking spaces and the parking lot would be gated to only allow access during business hours. He stated lighting was not anticipated and screening would be provided to the property located to the east. Public Works comments were addressed. Staff stated an additional five feet of right-of-way would be required along Lee Avenue. Staff reviewed the provided landscape strip along Lee Avenue and determined the additional dedication would not reduce the perimeter strip below the minimum landscape strip required by the Landscape Ordinance. Landscaping comments were addressed. Staff stated the City Beautiful Commission had approved a variance request to allow a reduced perimeter strip around the vehicular use area. Staff noted the applicant was providing a two- October 13, 2005 ITEM NO.: J (Cont.) FILE NO.: Z-7921 5 foot landscape strip along the eastern property line and a zero landscape strip along the western property line. Staff noted comments from the various other reporting departments and agencies; suggesting the applicant contact them individually for further clarification. There was no further discussion of the item and the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: No additional plans were required from the September 8, 2005, Subdivision Committee meeting. The applicant has addressed staff’s concerns with regard to lighting, dedication of right of way and indicated landscaping. The applicant is proposing a rezoning of this site from R-3, Single-family to PD-O to allow the construction of a new parking lot to serve medical offices located to the west. The applicant has indicated the new parking lot will not be lighted and will contain 25 parking spaces. The applicant has also indicated a gate will be placed at the street to eliminate persons from entering after hours and loitering. The site plan includes a zero perimeter landscape strip along the western property line and a 2-foot perimeter landscape strip along the eastern property line. The applicant has indicated screening will be placed along the eastern perimeter of the site and is requesting a reduced land use buffer along the eastern perimeter. Both the Landscape and Zoning Ordinance require a minimum 6-foot 9-inch wide landscape buffer along the site’s eastern perimeter. The City Beautiful Commission approved the Landscape Ordinance variance at their September 8, 2005, Public Hearing. Staff is supportive of the applicant’s request. The applicant is proposing to develop the site as a parking lot to serve an existing office building located to the west. The applicant is proposing to provide a 2-foot wide landscape strip along the site’s eastern perimeter (a 6-foot 9-inch landscape strip would typically be required) and providing the required landscaping along the site’s northern and southern perimeters but within the interior of the proposed parking lot. The applicant has not indicated a landscaping strip along the western perimeter of the site, which would not typically be required a land use buffer since the property to the west is zoned for office uses. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above agenda staff report. October 13, 2005 ITEM NO.: J (Cont.) FILE NO.: Z-7921 6 PLANNING COMMISSION ACTION: (SEPTEMBER 29, 2005) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral to the October 13, 2005, public hearing. Staff stated the deferral would require a waiver of the By-laws with regard to the later deferral request. A motion was made to approve the By-law waiver with regard to the later deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 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 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the agenda staff report and subject to the conditions outlined in a letter from the applicant dated October 13, 2005. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. October 13, 2005 ITEM NO.: 1 FILE NO.: Z-7937 Name: Johnson-Williams Day Care Family Home – Special Use Permit Location: 1709 Martin Luther King Drive Owner: Kimberly Johnson-Williams Applicant: Kimberly Johnson-Williams Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-4 zoned property at 1709 Martin Luther King Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Wright Avenue, Central High and Downtown Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 1709 Martin Luther King Drive is located on the east side of Martin Luther King Drive, between West 17th and West 18th Streets. The properties to the north, south and west are zoned R-4 and contain single family residences and duplexes. The property across Martin Luther King Drive to the west is zoned R-3 and contains single family residences. Commercial zoning is located further north and south along Martin Luther King Drive. The Arkansas Baptist College Campus is located to the northwest along the west side of Martin Luther King Drive, between West 16th and West 17th Streets. The applicant’s home is a one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have one (1) employee if the number of children exceeds six (6), as required by the State Department of Human Services. There is a one-car wide concrete driveway from Martin Luther King Drive, with a concrete pad along its south side. The driveway will allow for parking of four (4) vehicles, including the single-car garage which the applicant has stated will be used for parking. This area should allow sufficient space for drop-off and pick-up of children. On inspection of the October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 2 property, staff observed no vehicles parked on unpaved area. Staff also observed no vehicles which were not operational. The rear yard is fenced and should provide a safe play area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood. The Bill of Assurance was recorded in 1963 and addresses no use issues. There is no day care use currently being operated at this location. The applicant is in the process of becoming licensed by the State Department of Human Services. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 3 g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, the only outstanding issue associated with this application involves an issue of separation. According to Section 36- 54(e)(3)f. “No Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved.” According to State Department of Human Services’ records, there is a licensed day care use within the Arkansas Baptist College Campus to the northwest, at 1600 Martin Luther King Drive. The overall Arkansas Baptist College property is located within 300 feet of 1709 Martin Luther King Drive, as measured from property line to property line. Therefore, the applicant is requesting a variance to allow the day care family home to be located within 300 feet of a licensed day care center. In the past, staff has not supported variances from the newly established ordinance criteria for day care family homes. However, staff feels that this is a perfect example of when a variance from the separation requirement October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 4 should be granted. The property is located along Martin Luther King Drive, which is a collector street and serves as a major thoroughfare linking Roosevelt Road (principal arterial), Wright Avenue (minor arterial) and Interstate 630. Additionally, there are a number of public/institutional uses in this general area, including Arkansas Baptist College, Arkansas Children’s Hospital, Dunbar Middle School/Gibbs Elementary School campus and several church facilities. Staff feels that a day care family home at this location will prove to be a good support use for several of the public/institutional uses in the area. To staff’s knowledge, the proposed day care family home will comply with all other ordinance requirements. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. C. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) Kimberly Johnson-Williams was present, representing the application. Staff presented the proposed special use permit request. Staff noted that after inspection of the property, the only issue which would not conform to ordinance standards was the fact that the proposed day care family home was located within 300 feet of a licensed day care center within the Arkansas Baptist College campus to the northwest. This issue was briefly discussed. Staff explained that all other aspects of the proposed day use would conform to ordinance standards. Staff noted that there were four (4) parking spaces on the property, including the garage. Ms. Williams noted that the garage would be used for parking. Staff explained that there should be sufficient space for drop-off and pick-up of children. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 1709 Martin Luther King Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 5 3. Outdoor activities, including playground use, are to be limited to day-light hours. 4. Staff recommends approval of the requested spacing variance associated with the proposed day care family home. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Kimberly Johnson-Williams was present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of approval. Troy Laha addressed the Commission in opposition to the application. He explained that he was opposed to granting the separation variance. The separation issue was briefly discussed. Commissioner Taylor asked where on the Arkansas Baptist College Campus the day care center was located. Staff indicated no knowledge of the exact location. The abutting land uses were briefly discussed. Commissioner Williams explained that he was supportive of the application and the variance. There was additional discussion of the separation issue. There was a motion to approve the Special Use Permit, as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. October 13, 2005 ITEM NO.: 2 FILE NO.: G-23-354 Name: Manney Road – Right-of-Way Abandonment Location: North of Cantrell Road Owners: Chuck Fiser and Jack Burchfield Applicant: Chuck Fiser Request: To abandon approximately 130 linear feet of the 60-foot wide Manney Road right-of-way extending north from the Cantrell Road right- of-way. Purpose: To incorporate the area of abandonment into the two (2) adjacent commercial properties to the east and west for possible future redevelopment. STAFF REVIEW: A. Public Need for this Right-of-Way As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. Several of the utilities request for the area of abandonment be retained as a utility easement. The Public Works Comments are as follows: 1. The applicant is responsible for design and construction of public turnaround facilities involved in the physical closure of the end of Manney Road. 2. Ensure that the drawing and description for the portion of street being closed terminates at the present intersecting right-of-way line of Cantrell Road. The AHTD right-of-way line is the one verified by AHTD for the public project presently under construction for Cantrell Road. B. Master Street Plan There are no Master Street Plan issues, as the right-of-way is not classified as a Collector Street or higher. October 13, 2005 ITEM NO.: 2 (Cont.) FILE NO.: G-23-354 2 C. Characteristics of Right-of-Way Terrain Manney Road is currently a narrow paved road with curb and gutter along the east side of the portion to be abandoned. D. Development Potential Once abandoned, the area of abandonment will be incorporated into the two (2) adjacent commercial properties to the east and west for possible future redevelopment. The Highway Department widening project for Cantrell Road which will occur in the near future will close off access from Cantrell Road to Manney Road by way of new curb and gutter. E. Neighborhood and Land Use Effect There is a commercial building and a residential structure along the west side of the portion of Manney Road to be abandoned. Both structures are owned by Chuck Fiser. There are two (2) commercial buildings, owned by Jack Burchfield, and one (1) single family property, owned by Chuck Fiser along the east side of the proposed abandonment. There are multifamily, single family and duplex structures located along Indian Trail to the north. F. Neighborhood Position All other property owners along Manney Road, all residents along Indian Trail and the Meriwether Neighborhood Association were notified of the abandonment request. As of this writing, staff knows of no objectors to the proposed abandonment. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment, but right-of-way area must be retained as a utility easement. Entergy: No objection to abandonment. Overhead power line along the west side of Manney Road. Retain area of abandonment as a utility easement. CenterPoint Energy: No objection to abandonment. Southwestern Bell: No objection to abandonment. Working facilities within the right-of-way. Retain area of abandonment as a utility easement. Central Arkansas Water: Central Arkansas Water has no objection to the closure of the right-of-way of Manney Road. We do, however, have an October 13, 2005 ITEM NO.: 2 (Cont.) FILE NO.: G-23-354 3 8-inch water main in Manney Road. Therefore, we request that the entire right-of-way of Manney Road be retained as a utility easement. Relocation of the existing fire hydrant at the west end of Indian Trail may be required in order for it to remain accessible. 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. H. Reversionary Rights This portion of Manney Road was dedicated with the original Bellevue Addition in 1914. Therefore, all reversionary rights will extend to the adjacent property owners to the east and west. I. Public Welfare and Safety Issues Abandoning this street right-of-way will have no adverse effects on the public welfare and safety. The Little Rock Fire Department has indicated no issues with the abandonment. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) Chuck Fiser and Bart Sullivan were present, representing the application. Staff briefly described the proposed abandonment, noting that additional paperwork was needed to complete the application process. The Public Works Comments were briefly discussed. Staff noted that several utility companies requested the area be retained as an easement. After the discussion, the Committee forwarded the issue to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the abandonment of the 60 foot by 130 foot portion of Manney Road right-of-way located between Blocks 3 and 14, Bellevue Addition, subject to the following conditions: 1. The entire area of abandonment must be retained as a utility and drainage easement. 2. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. October 13, 2005 ITEM NO.: 2 (Cont.) FILE NO.: G-23-354 4 3. A barricade must be placed at the north end of the area of abandonment to prohibit commercial traffic onto Manney Road/Indian Trail. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 3 FILE NO.: Z-2534-B NAME: Young’s Day Care Center – Conditional Use Permit LOCATION: 1314 Booker Street OWNER/APPLICANT: Gerry and Teresa Young PROPOSAL: A conditional use permit is requested to allow for an expansion of the existing day care center located on this R-5 zoned property. 1. SITE LOCATION: The property is located at the northwest corner of Booker Street and Daisy L. Bates Drive; one block west of Woodrow Street and two blocks south of West 12th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: Surrounding uses in the area immediately around the site are principally single family and two family residences. One structure, a duplex at the southeast corner of the intersection, is boarded. Two blocks to the north and one block to the east, along West 12th Street and Woodrow Street, are many nonresidential uses. This property has a history of use as a 16- child day care center in conjunction with its use as a residence. The applicant proposes to cease the residential use and to increase the enrollment to 40 children. Staff is concerned that such an increase in intensity changes the nature of the site and may not be compatible with the residential uses in the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Stephens Area Faith and Pine to Woodrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: Nine on-site parking spaces are required; five employees and forty children. The site currently has a single driveway off of Booker Street that extends nearly to the rear of the site. Eight or nine parking spaces can be provided by widening the driveway to eighteen feet, providing three to four parallel spaces, and by placing five spaces directly off of the alley. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. October 13, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-2534-B 2 A six-foot high opaque wooden fence with its face side directed outward is required along the site’s northern perimeter. 5. PUBLIC WORKS COMMENTS: 1. Repair eastern edge of alley by paving to edge of internal paving project. Provide a sufficient drainage path for storm water to run to West 14th Street. 2. Repair or replace collapsing wall along West 14th Street that is falling into City right-of-way. 3. Repair or replace any curb and gutter, driveway aprons, or sidewalk that is damaged in the public right-of-way. Particular attention should be made to the damaged driveway apron on Booker Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved (conditionally). Contact Entergy. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. If you proceed with this proposed change in use, please contact Central Arkansas Water and request that your account be changed to commercial. Fire Department: Fire hydrants and fire sprinklers may be required. Contact LRFD Fire Marshal at 918-3752. County Planning: No Comments. CATA: A CATA bus route is located one block north of this site, along West 12th Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicants were present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff asked the applicants to provide a copy of the bill of assurance and to locate the dumpster and required screening on the site plan. Staff explained what changes October 13, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-2534-B 3 would need to be made to provide the required on-site parking. The applicants agreed to make the needed modifications. Public Works, Landscape and Utility Comments were noted and discussed. The applicant agreed to comply. The Committee determined there were no other issues and forwarded the item to the full Commission. The applicants were instructed to reply to staff issues by September 28, 2005. STAFF ANALYSIS: The R-5 zoned property at 1314 Booker Street is occupied by a one-story, frame, residential structure. On November 1, 1971, the property was rezoned from “B” residence to “C” Two-Family to permit use of the structure as a day care center. On April 21, 1987, the property was rezoned to “R-5” Urban Residence to permit conversion of the residence into a triplex. The structure is now a single-family residence. The occupants have, for some years, operated a day care in their residence. They currently keep 16 children, which is defined as a day care family home by the state. The city limits day care family homes to 10 children. The applicants are proposing to move out of the structure and are requesting approval of a conditional use permit to allow its use as a day care center. The applicants are proposing the day care to have a maximum enrollment of 40 children, with 5 employees. Days and hours of operation are proposed as 6:00 a.m. – 6:00 p.m., Monday through Friday. 8 to 9 parking spaces will be provided on the site by constructing parking spaces off of the alley in the rear and by widening the driveway that extends from the alley, by the house, to Booker Street. Playground area will be located in front of and at the side of the house and will be enclosed by a 6-foot tall chain-link fence. Signage will consist of a small, ground-mounted sign. Lighting consists of an existing night-watcher near the rear of the site and porch lights on the structure. A 6-foot tall wood privacy fence will be placed along the northern perimeter. The bill of assurance is very old and illegible. It likely does not address use issues. The dumpster will be screened, as required. Staff is not able to support the proposed C.U.P. to allow a day care center at this location. While the site does have some history of use for childcare, it has always been in conjunction with the property’s primary use as a residence. The number of children has not exceeded 16, which, as previously mentioned, is the maximum number permitted by the state as a day care family home. The property is located one block off of Woodrow and two blocks off of West 12th, two major streets that would be more appropriate for a day care center. Surrounding uses are single family and two family residences. The applicants propose to move out of the structure, making the only, principal use of the structure the day care center. Even if the applicants keep the number of children October 13, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-2534-B 4 at 16, vacating the structure as a residence has the same result. Staff does not feel allowing the change in use and increase in intensity is appropriate for this site. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Gerry and Teresa Young were present, representing the application. There were several persons present in supporting the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of denial. Gerry and Teresa Young addressed the Commission in support of the application. They presented a petition of support containing 116 names. Mr. Young stated that the State could license then to care for 85 children based on the size of the house, but the request was for only 40. They noted that several persons were present to support their application. Commissioner Meyer asked about the size of the structure. Mrs. Young stated that it was approximately 3,000 square feet. Mr. Young indicated that they were licensed by the State to care for 16 children. There was a brief discussion regarding the number of children and the history of the property. Mrs. Young made additional comments related to the proposed day care use. There was additional discussion related to parking, landscaping and playground issues. Johnnie Pugh addressed the Commission in support of the application. She explained that the day care was a needed use and that it would have no adverse impact on the neighborhood. Carla Backus also addressed the Commission in support. She stated that there had been a day care use of the property for many years. She explained that this was a good location for a day care use and that it would be used by many people in the neighborhood. Carol Miles also spoke in support of the application. She explained that the Youngs had greatly improved the property, which was run-down before they moved in. She noted that the neighbors were happy to have the day care use at this location. October 13, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-2534-B 5 Brenda Jones also spoke in support. She explained that the day care was a needed use for the neighborhood. Tonda Poole also spoke in support. She explained that the Youngs operated a very good day care program. Ruth Bell addressed the Commission in opposition. She explained that the proposed day care does not conform to ordinance standards. Mrs. Young explained that there were other businesses in the area. Mr. Young noted that a day care use at this location had existed for a number of years. There was brief additional discussion. There was a motion to approve the day care use subject to compliance with paragraphs 3, 4, 5 and 6 of the agenda staff report. The motion passed by a vote of 9 ayes, 1 nay and 1 absent. The application was approved. October 13, 2005 ITEM NO.: 4 FILE NO.: Z-3459-I NAME: Rent-N-Roll – Conditional Use Permit LOCATION: 10215 Mabelvale Plaza Drive, Suite 103 OWNER/APPLICANT: Mabelvale Plaza Phase II, LLC/ David Harrison, Rental Concepts PROPOSAL: A conditional use permit is requested to allow auto parts sales with limited motor vehicle part installation in one bay of the existing shopping center on this C-3 zoned property. 1. SITE LOCATION: The site property is located south of Baseline Road, at I-30; west of Wal-mart. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed use is to locate within one bay of a strip commercial building which is itself located in a fairly large shopping center. A variety of commercial uses surround the site. The proposed use is the sales, leasing and installation of tires and wheels. All work will take place within the building. Only one vehicle can be serviced at a time. The proposed use is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress and West Baseline Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The overall shopping center has several hundred parking spaces and has access from Mabelvale Pike, Baseline Road and the I-30 Frontage Road. Some 100 spaces are located directly in front of this building. The lease space in question is 3,080 square feet in area and would require 10 spaces as a retail use or 17 spaces as an automobile service use. Access to the building for vehicles will be through a garage door at the rear of the space. There is sufficient parking on site to accommodate the use. 4. SCREENING AND BUFFERS: No Comments. October 13, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-3459-I 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available. Auto Repair facility may require pretreatment facility be installed. Contact Little Rock Wastewater for details. Entergy: Approved as submitted. Owner responsible for any utility relocation. CenterPoint Energy: No Comment received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Fire hydrant will be required. Contact LRFD Fire Marshal at 918-3752. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff presented the item and noted there was little additional information needed. Staff asked the applicant to provide a signage plan. Staff noted that there was to be no outside storage of materials, wheels or tires and no tire or wheel installation was to occur outside of the building. Utility and Fire Department Comments were noted. The applicant was directed to contact those agencies regarding their comments. The applicant was instructed to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow auto parts sales with limited motor vehicle part installation at 10215 Mabelvale Plaza, Suite 103. The site is a 3,080 square foot lease space within a C-3 zoned shopping center. The business October 13, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-3459-I 3 sells, leases and installs custom wheels and tires. The front portion of the lease area is a display floor, showcasing the various tires and wheels. The merchandise is then custom ordered. The rear portion of the lease area is a single bay where the tires and wheels are installed. Access to the bay is from a garage door at the rear of the lease area. The hours of operation for Rent-N-Roll are Monday through Friday, 9:00 a.m. – 7:00 p.m., and Saturday, 9:00 a.m. – 5:00 p.m. The business will employ 5 to 6 people. Signage will consist of a wall sign on the façade of the lease space and panels on the shopping center’s multi-tenant ground signs. There is no bill of assurance issue. Staff is supportive of the proposed use. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Section 6 of the staff report. 2. There is to be no outside storage of materials, wheels or tires. 3. All tire and wheel installation is to take place within the confines of the building. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 5 FILE NO.: Z-5055-F NAME: Chenal Country Club – Conditional Use Permit LOCATION: 10 Chenal Club Blvd. OWNER/APPLICANT: Deltic Timber Corp./White-Daters PROPOSAL: A revised conditional use permit is requested to allow for modification of the master plan for the Country Club located on this R-2 zoned property. 1. SITE LOCATION: The property is located at the end of Chenal Club Blvd.; west of Chenal Parkway. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Country Club and associated golf course are an integral component of this neighborhood. The current proposal involves expansion and relocation of existing elements within the club property. No expansion of the club grounds is proposed. The modifications should not affect the club’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified were notified of the proposal. There is no organized neighborhood association in the immediate vicinity of the Club. 3. ON SITE DRIVES AND PARKING: The current approved plan for the club has 533 parking spaces to be built in 4 phases. Two phases have been completed. This revision does not change any of the existing or proposed parking or drives. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Areas set aside for buffers and landscaping meet with ordinance requirements. 5. PUBLIC WORKS COMMENTS: No Comments. October 13, 2005 ITEM NO.: 5 (Cont.) FILE NO.: Z-5055-F 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved (conditionally). Owner will pay for any necessary electrical facilities that may need relocating or removed. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Please submit the plans for modification of the fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for extension of the fire service to this facility. Need to review the location of the private fire line to reflect previous relocation of this line. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) Tim Daters was present representing the application. Staff presented the item and noted little additional information was needed. Utility and landscape comments were noted and discussed. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: On May 16, 1989, the Planning Commission approved the original conditional use permit to allow for development of the Chenal Country Club on this R-2 zoned, 22+ acre tract. The approved plan allowed for the multi-phase development of facilities including a club house, pool, tennis courts, putting greens and parking. The C.U.P. for the adjacent golf course had been October 13, 2005 ITEM NO.: 5 (Cont.) FILE NO.: Z-5055-F 3 previously approved. Since the date of the original approval, there have been several revisions to the plan. All of the subsequent changes involved relocating elements or expanding buildings; all within the 22+ acre tract. Although most elements of the plan have been completed, some are yet undeveloped; including some of the parking and tennis courts. The applicant is requesting an additional modification to the approved plan. The pool and tennis building which had been shown west of the pool is now to be relocated to the north side of the pool and will be used as a snack bar with kitchen. Two additions are planned to the clubhouse to accommodate additional locker areas, a fitness area and expansion of dining facilities. No changes are proposed to other elements of the plan. The clubhouse expansion will add 23,000 square feet. The new poolhouse/snackbar building is 1,650 square feet and the pool and tennis building which is being removed from the plan is 8,500 square feet. Staff is supportive of the request to allow for modifications within the existing Chenal Country Club property. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had not correctly followed the notification procedure and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and deferred to November 10, 2005 with a vote of 11 ayes, 0 noes and 0 absent. October 13, 2005 ITEM NO.: 6 FILE NO.: Z-5724-B NAME: Williams Massage and Day Spa – Conditional Use Permit LOCATION: 11324-B Kanis Road OWNER/APPLICANT: Michael Hendrixson/Suzanne Williams PROPOSAL: A conditional use permit is requested to allow a massage and day spa business in the existing building on this O-3 zoned property. 1. SITE LOCATION: The site is located on the north side of Kanis Road, just east of Embassy Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed uses and zoning. A variety of office and commercial uses are located in the area around the site. Utilizing this existing, developed site for a massage and day spa business in conjunction with the adjacent beauty salon is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Birchwood Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has existing drives onto Kanis Road and an asphalt paved parking lot. Additional parking is proposed adjacent to the building to be occupied by the day spa. One of the driveways onto Kanis Road is to be closed (see Public Works Comments). Secondary access is proposed onto Embassy Drive. The building to be used by the day spa appears to contain 1,394± square feet; requiring 7 parking spaces. Any new parking and drives must be paved and landscaped to comply with code. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Landscaping trees and shrubs will be required adjacent to the new driveway and any new parking. October 13, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-5724-B 2 5. PUBLIC WORKS COMMENTS: 1. Submit survey showing centerline of Kanis Road. 2. 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. This condition was placed on the previous Planning Commission item. Our records show right-of-way was never dedicated. 3. Any future expansion or re-development of the property would be subject to Master Street Plan requirements. 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The eastern driveway must be closed. The property must share driveway accesses on the western property line with the adjacent property off Kanis Road and a second access off Embassy Drive. The width of driveways must not exceed 36 feet. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The nearest CATA bus route is located north of this site, along Chenal Parkway. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicants were present. Staff presented the item and noted little additional information was needed. October 13, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-5724-B 3 Public Works, Utility and Landscape Comments were presented and discussed. There was a discussion of the requirement to dedicate right-of-way and whether that had occurred under the previous C.U.P. for the beauty salon. Public Works staff stated they would review the issue. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: On February 3, 2005, the Planning Commission approved a conditional use permit to allow a beauty salon to occupy the building located on the southern half of this O-3 zoned property. A conditional use permit is now requested to allow a massage therapy and day spa business to locate in the building on the north half of the property. This business’ operations consist of touch/relaxation therapy, hydrotherapy/aromatherapy, skincare and spa treatments and client evaluation and education. There will also be a small area of retail space for the sales of products used during treatments and other miscellaneous body wellness products. The facility will contain three (3) massage/spa treatment rooms. Days and hours of operation are proposed as Monday through Saturday, 10:00 a.m. – 6:00 p.m. Staffing will consist of three (3) persons. Parking is existing and will be cleaned, resurfaced and restriped. The property has one ground-mounted sign on the Kanis Road frontage which will be shared by both businesses. A second ground sign is proposed to be placed on the Embassy Drive frontage near where a new driveway is to be constructed. The new sign will be 6 feet tall and 64 square feet in area and will also be used by both businesses. There is no bill of assurance issue. At the time the first C.U.P. was approved, it was noted that additional dedication of right-of-way would be needed for Kanis Road and any further expansion of activities on the site would require compliance with the Master Street Plan. It appears the required right-of-way was not dedicated. The property currently has two driveways onto Kanis Road, which do not comply with the code. Now that activities are proposed to increase on the site, staff believes it is an appropriate time to require closure of one of the driveways; the driveway on the eastern side of the site. No additional street improvements are requested. The new driveway onto Embassy Drive was shown on the previously approved plan for the beauty shop. To staff’s knowledge, there are no other outstanding issues. The proposed use is compatible with uses and zoning in the area. October 13, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-5724-B 4 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 7 FILE NO.: Z-7141-A NAME: Roselawn Memorial Park – Conditional Use Permit LOCATION: North of West 26th Street; east of Booker Street OWNER/APPLICANT: Roselawn Memorial Park PROPOSAL: A conditional use permit is requested to allow for expansion of a cemetery onto this vacant, R-3 zoned property. STAFF REPORT: On September 26, 2005, the applicant requested that the item be deferred to the December 1, 2005 meeting to coincide with an application to abandon the West 26th Street right-of-way. Staff supports the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant requested the application be deferred to the December 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 10 ayes and 1 nay. October 13, 2005 ITEM NO.: 8 FILE NO.: Z-7146-A NAME: Westpark Village Apartments – Conditional Use Permit LOCATION: 1701 Westpark Drive; east of Westpark Meadows OWNER/APPLICANT: Westpark Meadows Limited Partnership PROPOSAL: A conditional use permit is requested to allow for the development of a 156-unit apartment community on this vacant, O-3 zoned property. This same project was approved under a C.U.P. on February 28, 2002. Since permits were not obtained within three years, the C.U.P. expired. 1. SITE LOCATION: The property is located on the north side of Boyle Park Road, east of 1701 West Park Drive and one lot west of Cleveland Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located adjacent to the northern perimeter of the Broadmoor Neighborhood. A large, R-6 zoned multifamily development is adjacent to the west. A church occupies the R-2 zoned property to the east. An undeveloped POD for a fraternal organization is also located to the east. A City of Little Rock Park is adjacent to the north. An undeveloped, R-2 zoned hillside is located across Boyle Park Road to the south. This proposed multifamily development is compatible with uses and zoning in the area and provides a good transitional use at the edge of the single family Broadmoor Neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Broadmoor, Leander and Point O’Woods Neighborhood Associations were notified of this application. 3. ON SITE DRIVES AND PARKING: Access to this development will be gained from the existing Westpark Meadows Apartments to the west. There will be no direct access to Boyle Park Road. This proposed 156-unit multifamily development requires 234 on-site parking spaces. 224 spaces are provided, including 13 H.C./van accessible spaces. October 13, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-7146-A 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. A six-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along that portion of the eastern perimeter that abuts residential zoned property and along the northern perimeter. Street and land use buffers with an average width of 23 feet are required along the northern and southern perimeters of the site. The plan submitted allows for a buffer width in these areas from 17 feet to 20 feet. Since the property to the north is developed as a city park, reduced screening and buffering should not have a negative impact. An irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to submit approved landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Extra credit toward compliance with the Landscape Ordinance can be given when properly preserving trees of six-inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Boyle Park 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 design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 3. Public Works recommends that developer construct two-way, 8-foot wide bike trail along his existing street frontage, southwesterly and connect with the Boyle Park system. This is not required but offered as a suggestion. 4. Show that proposed architecturally faced retaining walls are 15 feet or less in height, as required by the Land Alteration Ordinance. October 13, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-7146-A 3 5. Dedicate right-of-way to 25 feet from centerline, and construct half- street to 13 feet, on McKinley Street. Otherwise petition to close McKinley Street. 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. Site grading, and drainage plans will need to be submitted and approved 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. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Private sewer system serves existing apartment complex. Extension of private system must be approved by Little Rock Wastewater Utility prior to construction. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: This parcel will have to be combined with the existing property to the west if the private fire lines in the two areas are to be tied in. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Plans for water facilities need to be submitted to Central Arkansas Water. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The nearest CATA bus route is located east of this site, along University Avenue. October 13, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-7146-A 4 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicants were present. Staff presented the item and asked that the applicants confirm that all aspects of building design and height are the same as previously approved. Staff recommended that the applicant consider using a material other than chain-link for the fence along Boyle Park Road. Staff suggested coated or painted metal or the same brick and wood fence that exist along Boyle Park Road in front of the Westpark Meadows Apartments. Staff noted the following variances: reduced number of parking spaces; reduced building setback on south perimeter; reduced land use buffers on north, south and east perimeters; and increased fence height of 6 feet along Boyle Park frontage. Public Works, Utility and Landscape Comments were noted and discussed. The applicant was advised to contact the various agencies regarding their comments, if there were questions. The applicant was advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicant requests a conditional use permit to allow for the development of a 156 unit multifamily community on this O-3 zoned, 4.53± acre tract. Multifamily, as per the R-5 district (36 units per acre) is permitted as a conditional use in O-3. The development is to be an extension of the existing Westpark Meadows complex located adjacent to the west. Access to this new phase will be through the existing Westpark Meadows property. There will be no access to this site directly from Boyle Park Road. The development consists of 13, three-story buildings containing 12 units each and a separate “Village Center” building. The building heights will not exceed the allowable height of 45 feet. The buildings will have pitched roofs with a pitch of 1:3. Roofing materials will be asphalt shingles. Building facades will be vinyl siding on all four sides. Other than incidental/directional signs within the development, there will be no new signage on the site. The development will be enclosed by a 6-foot tall, vinyl coated, chain-link fence. Appropriately screened dumpsters will be located throughout the site. All of the buildings will contain bicycle garages, grade level patios and balconies for the second and third floor units. There is proposed to be a minimum distance of 30 feet between the buildings. Overall, the rear and side yard setbacks will be exceeded. Variances are requested to permit a reduced front yard setback, adjacent to Boyle Park Road; reduced land use buffers on the north, east and south perimeters; reduced number of parking spaces; and an increased fence height of 6 feet. October 13, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-7146-A 5 Staff is supportive of the proposed development. The use is compatible with uses and zoning in the area and appears to be an appropriate transitional use for the edge of the Broadmoor Neighborhood. The buildings form a “courtyard” surrounding the parking lot and enclosing the “Village Center” building. There will be no direct access to the street from this phase of Westpark Meadows. The development of this unsightly, vacant, dumping site should be a positive influence on the area. An undeveloped public right-of-way (McKinley Street) is adjacent to the east, between this site and the church. Staff recommends that this right-of-way be abandoned. The applicant is requesting a variance to allow the buildings adjacent to Boyle Park Road to have a reduced setback of 13 feet in lieu of the required 25-foot setback. Staff is supportive of this variance. The buildings themselves are at a 17-foot setback, some 27± feet from what will be curbline of Boyle Park Road. Balconies extend slightly more into the front yard, resulting in the 13-foot setback. The wooded hillside across the road to the south is undeveloped and likely to remain as such. No homes of the Broadmoor Association face Boyle Park Road at this point. The reduced setback should not impact nearby properties. Variances are also requested to allow reduced land use buffers on the north, east and south perimeters. A 30± foot buffer is required on the east since the abutting property is zoned R-2. That R-2 zoned property is occupied by a church. This eastern buffer is at 9 feet (the minimum) where the two dumpsters are to be located. Otherwise, it averages 20-25 feet in width. That distance will potentially increase by 15 feet when the McKinley right-of-way is abandoned. If none of the reversionary rights for the McKinley right-of-way extend to this property owner, at the very least, the area of the former right-of-way will provide additional buffering between this project and the church. A land use buffer and street side buffer of 23± feet are required on the north and south perimeters respectively. The buffer on the north varies from 13-16 feet. The property to the north is developed as a city park containing a large, tennis center. Allowing a reduced buffer on that perimeter will not impact the park. Allowing the reduced street side buffer of 13-17 feet is reasonable for the same reasons as the reduced front yard setback discussed previously. On February 28, 2002, this exact C.U.P. was approved by the Planning Commission as part of the Consent Agenda. Since permits were not obtained within three years, the C.U.P. is no longer valid. The applicant is requesting re-approval of the C.U.P. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this unplatted, acreage tract. October 13, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-7146-A 6 STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of this report. Staff also recommends approval of the requested setback, buffer, parking and fence height variances. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 9 FILE NO.: Z-7146-B NAME: Westpark Meadows Parking Lot – Conditional Use Permit LOCATION: 1701 Westpark Drive; west of Westpark Meadows OWNER/APPLICANT: Westpark Meadows Limited Partnership PROPOSAL: A conditional use permit is requested to allow for development of an apartment complex parking lot on this vacant, O-3 zoned property. STAFF REPORT: On September 27, 2005, the applicant submitted a request that this item be withdrawn. Staff recommends that the item be withdrawn without prejudice. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant submitted a request to withdraw the application. Staff recommended the application be withdrawn, without prejudice. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 10 FILE NO.: Z-7853-A NAME: Briscoe Accessory Dwelling – Conditional Use Permit LOCATION: 3701 Potter Street OWNER/APPLICANT: William E. Briscoe PROPOSAL: A conditional use permit is requested to allow for placement of a single-wide manufactured home on this R-2 zoned lot to serve as an accessory dwelling. 1. SITE LOCATION: The property is located at the southeast corner of West 37th Street and Potter Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a predominately single family neighborhood. Single family homes are located to the north, east and south. A city park occupies a four-block area to the west. Housing in the immediate area ranges from distressed to good quality. A large area of undeveloped property is located one block to the east. The applicant proposes to place a single wide manufactured home in the rear yard of this lot to serve as an accessory dwelling. While staff is supportive of the concept of allowing an accessory dwelling, it is unlikely that the proposed manufactured home can be considered compatible with existing uses and houses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this application. 3. ON SITE DRIVES AND PARKING: The principal dwelling and proposed accessory dwelling require one on- site parking space each. Currently, the site is served by a single-wide, concrete drive off of West 37th Street. The applicant has agreed to widen the driveway to accommodate two vehicles. 4. SCREENING AND BUFFERS: No Comments. October 13, 2005 ITEM NO.: 10 (Cont.) FILE NO.: Z-7853-A 2 5. PUBLIC WORKS COMMENTS: 1. Public Works will require correct driveway apron construction including radii, per city standard details, in the event driveway widening is required for the application. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved (conditionally). Owner responsible for any electrical relocation cost. CenterPoint Energy: No Comment received. Southwestern Bell: Approved as submitted. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA bus route is located just north of this site, at 36th Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was not present. Staff noted additional information was needed on the proposed accessory dwelling/manufactured home; including year model, exterior materials and roofing. Staff stated the applicant would be asked if separate utilities were requested. Public Works and Utility Comments were noted. Staff stated they would contact the applicant to get answers to staff questions. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property at 3701 Potter Street is currently occupied by a one- story, frame, single-family residence. A frame garage building was previously October 13, 2005 ITEM NO.: 10 (Cont.) FILE NO.: Z-7853-A 3 located behind the house. On June 9, 2005, the Planning Commission approved a conditional use permit to allow the applicant to remove the old garage building from the site and replace it with a site built accessory dwelling to be occupied by the applicant’s mother. The applicant has determined that constructing a site-built accessory dwelling is more costly than he can afford. He is now requesting approval of a conditional use permit to allow for placement of a single-wide manufactured home on the site to serve as an accessory dwelling. The home will be 2 to 3 years old, will have vinyl siding and a pitched-shingled roof. The home will be placed on a permanent foundation and will be underpinned to comply with City code. The applicant’s mother is to occupy the home separate utilities are requested. The applicant has proposed the following conditions: 1. The applicant-property owner must reside at this address while his mother lives in the accessory dwelling. 2. Upon her death, the owners of the property must reside on the property in the event that the accessory dwelling is rented to any other individual. 3. The accessory dwelling will be placed to provide a 15-foot street side yard setback from West 37th Street. 4. The driveway will be widened to provide a second parking space. While staff was supportive of the original C.U.P. application to allow for construction of a site-built accessory dwelling, staff cannot support the current proposal. When reviewing a proposed conditional use permit, the issue of compatibility must be considered and is of primary concern. The surrounding neighborhood is comprised solely of older, site built homes. The subdivision is developed in a typical dense urban grid pattern. It is staff’s opinion that the proposed single-wide manufactured home is not compatible with development in the area. The 1907 bill of assurance does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) William Briscoe was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Staff noted that a letter of opposition had been received from the John Barrow Neighborhood Association. October 13, 2005 ITEM NO.: 10 (Cont.) FILE NO.: Z-7853-A 4 William Briscoe addressed the Commission in support of the application. He explained that there were other manufactured homes in the general area. He explained that the accessory dwelling would have no adverse impact on the neighborhood. There was a brief discussion of the structures in the immediate area. Mr. Briscoe explained the cost of a manufactured home compared to a stick-built structure. There was additional discussion related to the request. Commissioner Floyd noted that this type of application usually has a condition allowing for the removal of the structure. Mr. Briscoe noted that the singlewide manufactured home would be 60 feet in length. He amended the application to add a condition to remove the manufactured home from the property when it is no longer needed for his mother to live in. There was a motion to approve the application as amended, subject to compliance with the conditions noted in paragraphs 3, 5 and 6 of the agenda staff request. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. The amended application was approved. October 13, 2005 ITEM NO.: 11 FILE NO.: Z-7932 NAME: Hendrix Day Care Center – Conditional Use Permit LOCATION: 2223 Pine Street OWNER/APPLICANT: Doris Hendrix PROPOSAL: A conditional use permit is requested to allow for the conversion of the existing residence on this R-3 zoned lot into a day care center with a maximum enrollment of 16 children. 1. SITE LOCATION: The property is located at the northeast corner of West 23rd Street and Pine Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The immediate neighborhood surrounding this site is predominately single family in use and zoning. Single family and two family residences are located on several blocks around the site. A small C-3 zoned group of properties located one block to the west are occupied by a vacant business building and single family residences. Within the past year, one of the C-3 zoned lots at 23rd and Cedar was rezoned to R-3 to allow for construction of a new single family residence. The PD-O zoned property to the southwest is also occupied by a residence. Staff is concerned that the proposed day care center is not compatible with the single family uses in the immediate vicinity. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Stephens Area Faith, Hope, Love and Midway Neighborhood Associations were notified of this application. 3. ON SITE DRIVES AND PARKING: The day care center is proposed to have four (4) employees and a maximum enrollment of 23 children; requiring six (6) on-site parking spaces. Five spaces can be provided by closing the driveway onto West 23rd Street and taking access off of the alley. The five spaces can be lined up along the rear of the site. Some modification will be required to provide proper depth and alley improvements will likely be required. October 13, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7932 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. It is necessary to provide screening along the north perimeter of the site utilizing a six-foot tall wood privacy fence constructed with its finished side facing outward. 5. PUBLIC WORKS COMMENTS: No drop-off is allowed on Pine Street. If the alley is used for access to the parking spaces, some improvements may be required to the alley. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. If you proceed with this proposed change in use, please contact Central Arkansas Water and request that your account be changed to commercial. Fire Department: Fire sprinklers and fire hydrant may be required. Contact LRFD Fire Marshall at 918-3752. County Planning: No Comments. CATA: A CATA bus route is located two blocks north of this site, along West 20th Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff asked that the dumpster/trash enclosure be shown on the site plan and Fire Marshall approval be provided. Staff commented that use of the playground should be limited to daylight hours. Staff described the changes that would be necessary to provide the required six (6) parking spaces. October 13, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7932 3 Public Works, Utility and Landscape Comments were noted and discussed. The applicant was directed to contact these individual agencies if there were questions. The applicant was advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 2223 S. Pine Street is occupied by a one- story, frame, single-family residence. The applicant is requesting approval of a conditional use permit to allow for conversion of the residence into a day care center. There will be no residential occupancy of the structure. The day care center is proposed to employ four (4) persons and to have an enrollment of 23 children. Days and hours of operation are proposed Monday through Friday, 7:00 a.m. to 5:30 p.m. Signage is proposed to consist of a 5’ X 5’ sign in front of the house. There will be no dumpster. The playground will be located in the back yard area and will be used only during daylight hours. A 6-foot tall wood privacy fence is located along the north property line. This day care center requires 6 on-site parking spaces; one (1) per employee and one (1) for every ten (10) children enrolled. Five (5) spaces can be provided utilizing the alley to access the existing paved driveway at the rear of the site. If deemed necessary by the Commission, the applicant will place one parking space in front of the house, taking access off of Pine Street. There is street parking available on 23rd Street. No street parking is allowed on Pine Street. Staff is not supportive of the requested C.U.P. The request is to convert the residence into a day care center. The use will not be a day care family home; there will be no residential occupancy of the structure. The property is located within the heart of a single family and two-family neighborhood. Even most of the C-3 zoned properties located one block west of the site are occupied by residences. A C-3 zoned property at 23rd and Cedar was recently rezoned to R-3 to allow for construction of a new residence. Staff does not believe the proposed day care center is compatible with uses in the area. There is vacant, C-3 zoned property which could be developed for a day care located north of this site at Charles Bussey and Pine. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends denial of the application. October 13, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7932 4 PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had not correctly followed the notification procedure and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and deferred to December 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. October 13, 2005 ITEM NO.: 12 FILE NO.: Z-7933 NAME: Jackson Multisectional Manufactured Home – Conditional Use Permit LOCATION: 4001 East 34th Street OWNER/APPLICANT: Herman Jackson, Regina Jackson PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-3 zoned lot. 1. SITE LOCATION: The site is located on the south side of East 34th Street, west of Franklin; in the College Station community. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the sparsely developed, northern fringe of the College Station Community. Properties to the north, west and south are undeveloped and wooded. A burned-out residence is adjacent to the east and additional undeveloped, wooded property beyond that. There is not much in the way of residential development in the area to determine the issue of compatibility. There is a scattering of residences located in the general area, including a multisectional manufactured home a block to the southeast. The proposed use appears to be compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The proposed home requires one on-site parking space. There is an existing, unpaved driveway on the site, which is sufficient to accommodate the required parking. 4. SCREENING AND BUFFERS: No Comments. October 13, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7933 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water regarding water service to this property. 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: Provide statement from local volunteer Fire Department indicating approval and ability to provide service. County Planning: Approved as submitted. CATA: The nearest CATA bus route is located south of this site, along Frazier Pike. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff presented the item and requested the applicant provide additional information on the proposed home. Staff noted that placement of the home had to comply with ordinance standards regarding removal of transport elements, permanent foundation and underpinning with permanent materials. Staff asked if the property across the street to the north was owned by her or her family since it appeared to be a junk or salvage yard. Ms. Jackson replied that she did not own the property and she wished someone would clean it up. Utility Comments were noted. The applicant was advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. October 13, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7933 3 STAFF ANALYSIS: This R-3 zoned lot was previously occupied by a single-wide manufactured home (1998 model, 16’ X 80’). On July 15, 2005, the home was destroyed when fire spread from the building adjacent to the east. The applicant is requesting approval of a conditional use permit to allow for placement of a multisectional manufactured home to replace the home, which was lost by the fire. The proposed home is a 2001 model, 32’ X 48’. The home has vinyl siding and a 3-12 pitched, shingled roof. The home will have a permanent foundation and underpinning. The property is outside of the city limits but within the City’s extraterritorial jurisdiction, in the College Station Community. The site is located at the sparsely developed northern fringe of the College Station community. Most of the properties immediately around the site are undeveloped and wooded. Placement of the home appears to be compatible with uses in the area. The 1908 Bill of Assurance does not address use issues. Subsequent to the Subdivision Committee meeting, staff received correspondence from the Little Rock National Airport, who had been asked to comment on the application. That correspondence states: “The referenced property is currently within a 60 DNL (Day-Night Average Sound Level) contour, and will likely be in a 65-70 DNL contour upon completion of the extension of RW 4R/22L in 2006. Manufactured housing is not a compatible land use for this location. Because of the incompatibility of manufactured housing at the location described, the Airport cannot support an Application for Conditional Use Permit or other variance that would permit any residential occupation.” In light of the Airport’s concerns, staff cannot support the conditional use permit to allow the proposed multisectional manufactured home. STAFF RECOMMENDATION: Staff recommends denial of the requested conditional use permit. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the Little Rock National Airport had submitted a second letter (dated October 12, 2005) not objecting to the placement of the manufactured home as long as the applicant waived their rights to make a claim against the airport for assistance for the mitigation of noise. October 13, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7933 4 Therefore, staff recommended approval of the conditional use permit subject to the following conditions: 1. Compliance with the staff comments and conditions outlined in Section 6 of the agenda staff report. 2. The home must be placed on the property in compliance with the following siting criteria from Section 36-254(d)(5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. 3. The property owner will not be eligible for federal or airport assistance for the mitigation of noise, regardless of the noise level. Condition submitted by Little Rock National Airport. 4. The applicant must submit a letter to staff noting that they understand they are waiving any right or claim against the airport as noted in condition 3. Letter must be submitted prior to placement of M.H. on the property. The item was placed on the Consent Agenda and approved, as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 13 FILE NO.: Z-7934 NAME: Isclaw Multisectional Manufactured Home – Conditional Use Permit LOCATION: 18501 Crystal Valley Road OWNER/APPLICANT: Jason Isclaw PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned, 1.00 acre tract. 1. SITE LOCATION: The property is located on the northwest corner of Crystal Valley Road and Posey Lane; ¼ mile south of Lawson Road. The site is outside of the city limits but within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature and is characterized primarily by single family homes on large tracts. The single family homes are in a variety of styles; including site built and manufactured homes. There are several single wide manufactured homes in the area. A church and cemetery are located north of the site, at the intersection of Crystal Valley and Lawson. The proposed multisectional manufactured home is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Crystal Valley and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: One on-site parking space is required. The property has a concrete driveway off of Posey Lane with space for parking six vehicles. 4. SCREENING AND BUFFERS: No Comment. 5. PUBLIC WORKS COMMENTS: 1. Crystal Valley Road is classified on the Master Street Plan as a principal arterial. The right-of-way planned whenever future October 13, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7934 2 development takes place is 55 feet from centerline. If the Master Street Plan right-of-way is ever dedicated, under any circumstance, the property owner must move the manufactured home to a point 25 feet behind the new right-of-way line; a total of 80 feet from the centerline of Crystal Valley Road. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No comment. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: Approved as submitted. Water: Contact Central Arkansas Water regarding water service to this property. Fire Department: Outside service area; provide statement from area volunteer Fire Department indicating approval and ability to provide service. County Planning: Approved as submitted. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff presented the item and asked the applicant to provide additional details on the proposed home. Staff also asked the applicant to provide information on the one acre tract to assure that an illegal subdivision had not occurred. Public Works and Utility Comments were presented. Public Works staff noted that the home was located at the edge of the future Master Street Plan right-of- way for Crystal Valley Road. Staff noted that the home would need to be moved to a point 25 feet behind the new right-of-way line, if the required right-of-way were ever dedicated under any circumstance. The applicant was advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. October 13, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7934 3 STAFF ANALYSIS: The applicant has recently placed a multisectional manufactured home on the R-2 zoned, one acre tract located at 18501 Crystal Valley Road. He was not aware that the site was within the City’s extraterritorial jurisdiction and a conditional use permit was needed. After being advised of the violation, the applicant applied for the C.U.P. The home is a 1999 model, 28’ X 80’, vinyl siding home. The applicant proposes to add covered decks on the front and rear. The home has been placed at the end of an existing concrete driveway where a single-wide manufactured home was previously located. Fencing and a storage building will be located on the site to comply with R-2 district standards. Staff is supportive of the proposed C.U.P. The home is compatible with uses in the general area. The applicant has agreed to relocate the home to a point 25 feet behind the Crystal Valley Road right-of-way line if the right-of-way is ever dedicated, under any circumstances, to 55 feet from centerline as required by the Master Street Plan. There is no bill of assurance for this unplatted acreage tract. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. If the Master Street Plan right-of-way for Crystal Valley Road is ever dedicated, under any circumstance, the property owner must move the manufactured home to a point 25 feet behind the new right-of-way line; a total of 80 feet from the centerline of Crystal Valley Road. 3. The home must be placed on the property in compliance with the following siting criteria from Section 36-254(d)(5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. October 13, 2005 ITEM NO.: 14 FILE NO.: Z-7935 NAME: Vedant Society of Arkansas – Conditional Use Permit LOCATION: 10224 Nash Lane OWNER/APPLICANT: Vedant Society of Arkansas PROPOSAL: A conditional use permit is requested to allow for conversion of the existing residence on this R-2 zoned 5.67± acre tract into a place of worship. 1. SITE LOCATION: The property is located on the west side of Nash Lane; one property north of Mabelvale West Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that has a variety of uses, several of which are institutional in nature. Two churches are located south of the site, at Mabelvale West Road. Another church is located north of the site, at Sibley Hole Road. A Little Rock School District campus and Little Rock Fire Department station are located west of the site, on Mabelvale West Road. Beyond the creek to the west of this site, a POD was recently approved which includes a mixture of office and residential uses. Single family homes are located to the north and east. Utilizing the existing residence on this 5.67± acre tract for a small place of worship is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Pinedale and Mavis Circle Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is currently served by a single, 10.3 foot wide concrete driveway. The applicants propose to widen the driveway to 20 feet to accommodate two-way traffic and to provide 10 new paved parking spaces. The worship area will accommodate 40 persons, requiring 10 parking spaces. There is more than adequate space on the site to accommodate additional parking spaces, if needed. October 13, 2005 ITEM NO.: 14 (Cont.) FILE NO.: Z-7935 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Unless otherwise provided for, a six-foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required to help screen business activity from the adjacent residential zone properties to the north and west. Prior to obtaining a construction permit, it will be necessary to provide landscape plans for the driveway and parking lot expansions. 5. PUBLIC WORKS COMMENTS: 1. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25- foot wide access easement is required adjacent to the floodway boundary. 2. Boundary street improvements do not apply unless construction is proposed with a future building permit. 3. 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. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 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) 379-1817 (Derrick Bergfield). 5. Nash Lane is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comment received. Southwestern Bell: Approved as submitted. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. A Capital Investment Charge based on the size October 13, 2005 ITEM NO.: 14 (Cont.) FILE NO.: Z-7935 3 of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Fire hydrants may be required. County Planning: No Comments. CATA: A CATA bus route is located south of this site, along Mabelvale West Road. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicants were present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff asked if there were to be any outdoor activities. Staff noted that conversion of the residence into a place of worship must comply with Fire Department and Building Code requirements. Public Works, Utility and Landscape Comments were noted and discussed. The applicants were advised to contact those individuals if there were questions. The applicants were advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 5.76± acre tract located at 10224 Nash Lane is occupied by a single family residence. The applicants are requesting approval to allow use of the structure as a place of worship. The worship area will accommodate approximately 40 persons. Other than for remodeling the interior of the structure, the only change to the site will be widening the driveway and constructing 10 parking spaces. A single, 6-foot tall 6 square foot sign is proposed to be placed near the driveway. The site is enclosed by a 4-foot tall chain-link fence. Lighting consists of a night-watcher near the parking lot and porch lights on the building. Dense trees, plants and bushes are located along the perimeters of the site to provide any needed screening. Activities on the site are typical for a place of worship. Currently, the group gathers once a month for prayer on a Saturday between 6:00 p.m. – 9:00 p.m. In the future, the frequency of worship may change. Lessons are taught to children on Indian classical music, Indian classical dance and Indian culture and religion. Occasionally, cultural functions are conducted and Indian festivals are celebrated. There will also be miscellaneous community related activities. There are no plans to have outdoor activities. October 13, 2005 ITEM NO.: 14 (Cont.) FILE NO.: Z-7935 4 Staff is supportive of the requested C.U.P. To staff’s knowledge, there are no outstanding issues. The applicants have agreed to comply with all Fire Department, Building Code and Public Works requirements; including the dedication of floodway easements. This unplatted, acreage tract is not covered by a bill of assurance. This small, house of worship should be compatible with uses in the area. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Conversion of the residence into a place of worship must comply with Fire Department and Building Codes requirements. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 15 FILE NO.: Z-7936 NAME: Claghorn Accessory Dwelling – Conditional Use Permit LOCATION: 12806 Lawson Road OWNER/APPLICANT: James Claghorn PROPOSAL: A conditional use permit is requested to allow for placement of a manufactured home on this R-2 zoned, 1.81± acre tract to serve as an accessory dwelling. 1. SITE LOCATION: The site is located on the north side of Lawson Road, 600± feet west of David O Dodd Road. The property is outside of the city limits but within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses just outside of the city limits. The area still retains a rural character. A large area of developing office and commercial zoned properties extends to the east. An industrial contractor’s office and yard is located to the west. Other uses in the area include a variety of single family residences and a high school. The proposed use is temporary and the manufactured home will be removed once the applicants no longer occupy it. The use appears to be compatible with uses and zoning in the area. All owners of property within 200 feet, all residents within 300 feet who could be identified and the SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The existing residence and proposed accessory dwelling each require one on-site parking space. There is more than adequate area on this 1.81± acre tract to accommodate the required parking. 4. SCREENING AND BUFFERS: No Comments. October 13, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7936 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No comment. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regard hydrant requirements and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Outside service area; provide statement from area volunteer Fire Department indicating approval and ability to provide service. County Planning: Approved as submitted. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicants were present. Staff presented the item and noted additional information was needed on the proposed manufactured home. The applicants responded that they had not picked out which home they wanted. They stated it would be a new model and most likely a double-wide home. In response to a question from staff, the applicants confirmed that occupancy of the home would be limited to them and the home would be removed once they no longer occupied it. Staff asked if separate utilities were requested. The applicants responded that they were. Utility and Fire Department Comments were noted. The applicants were advised to contact those individual agencies if there were questions. October 13, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7936 3 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 1.81 acre tract located at 12806 Lawson Road is currently occupied by a single family residence. The property owner’s (applicants) daughter occupies the house. The applicants are proposing to place a manufactured home on the site where they will live. Due to the applicants’ age and health, they desire to live near their daughter so that she may help them with their needs. The applicants are not certain if the manufactured home will be a single-wide or multisectional home although they anticipate it being multisectional. Separate utilities are requested. Occupancy of the home will be limited to the applicants. The manufactured home will be removed from the property once the applicants no longer occupy it. Staff is supportive if the proposed accessory dwelling. The structure is not out of character with development in the general area. The home will be located over 200 feet off of the street, near the middle of the 1.81 acre tract. Placement of the home must comply with Ordinance Siting Standards. There is no bill of assurance for this unplatted, acreage tract. Approval has not yet been submitted by the area volunteer fire department. This must be provided prior to placing the home on the site. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Occupancy of the manufactured home is to be limited to the applicants. The home is to be removed from the property once the applicants no longer occupy it. 3. Placement of the home must comply with the siting criteria established in Section 36-254(d) (5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. October 13, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7936 4 e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. Off-street parking per single-family dwelling standard. 4. A statement must be provided from the area volunteer fire department indicating approval and ability to provide service. Staff recommends approval of the request to have separate utilities. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 16 FILE NO.: Z-7938 NAME: Central Arkansas Water Parking Lot – Conditional Use Permit LOCATION: Southeast corner of Capitol and Cumberland OWNER/APPLICANT: Central Arkansas Water/Central Arkansas Engineering PROPOSAL: A conditional use permit is requested to allow an existing parking lot to be used as a commercial parking lot. The property is zoned UU. 1. SITE LOCATION: The property is located at the southeast corner of East Capitol Avenue and Cumberland Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The parking lot is existing. Other than for constructing new driveways and rehabilitating the parking lot, no changes are proposed. The C.U.P. is prompted by a replat of these properties which places the parking lot on a separately platted lot. The change will not affect the parking lot’s compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown, MacArthur Park and River Market Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The parking lot will have driveways onto East Capitol Avenue and Cumberland Street. An access easement through the parking lot will provide access to the parking spaces behind the new LRPD substation. The parking lot will have 25 spaces. 4. SCREENING AND BUFFERS: Since the vehicular use area is existing, no landscaping upgrade is required other than the proposed street trees as shown on the plan submitted and as required by the Urban Use District ordinance. October 13, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7938 2 5. PUBLIC WORKS COMMENTS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. With site development, all driveways shall be concrete aprons per City Ordinance. 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) 379-1817 (Derrick Bergfield). 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer service not required for this project. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located directly across the street from the CATA Travel Center. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff presented the item and asked the applicant to provide a signage plan, to indicate the “typical” dimension of the parking stalls and to place street trees and planter wells to comply with the UU district standards. In response to a question from the Committee, the applicant stated there would be no fencing on the property. October 13, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7938 3 Public Works, Landscape and Utility Comments were presented. The Committee determined there were no other issues. After advising the applicant to respond to staff issues by September 28, 2005, the Committee forwarded the item to the full Commission. STAFF ANALYSIS: The UU zoned property located at the southeast corner of East Capitol Avenue and Cumberland Street is comprised of three (3) lots. The Paragon Building occupies the eastern 1/3 of the lots. The western 2/3 of the lots is an existing asphalt and gravel parking lot. On September 29, 2005, the Planning Commission approved a replat of the three (3) lots (S-1499). Under the replat Lot 1R now contains the Paragon Building, Lot 2R contains the bulk of the existing parking lot and Lot 3R will be the site of a proposed new LRPD Substation. Since the parking lot is now a separate surface parking lot, a conditional use permit is required. New driveways will provide access to the parking lot from East Capitol Avenue and Cumberland Street. Landscaping will be increased on the site and street trees will be planted as required in the UU district. Staff believes it is appropriate to require resurfacing of the parking lot to eliminate the gravel. No signage is proposed. On October 6, 2005, the Historic District Commission will review the plans for the police substation. No review is required for the existing parking lot. The Original City of Little Rock bill of assurance does not address use issues. Staff is supportive of the requested C.U.P. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The area of the existing parking lot is to be resurfaced to eliminated the gravel parking. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. October 13, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7938 4 The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 17 FILE NO.: Z-7939 NAME: Advanced Auto Parts – Conditional Use Permit LOCATION: 9520 N. Rodney Parham Road OWNER/APPLICANT: ADVA Holdings, LLC/Roberts and Williams PROPOSAL: A conditional use permit is requested to allow auto parts sales with limited auto parts installation on this C-3 zoned property. 1. SITE LOCATION: The property is located on the northeast corner of Treasure Hill Road and Rodney Parham Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. A large area of commercially zoned properties containing a wide variety of uses extends east of the site. Commercial and multifamily uses are located to the north. Additional commercial uses are located to the west and south. A single family neighborhood is located across Rodney Parham Road to the southwest. This proposed auto parts store will be compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Sturbridge, Treasure Hills and Santa Fe Heights Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: This 7,000 square foot retail auto parts store requires 23 on-site parking spaces; 31 are proposed. Access will be from driveways onto Rodney Parham and Treasure Hills. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. A portion of the proposed on-site landscape buffer along Treasures Hill Road is less than the nine-feet minimum required by the zoning ordinance and six feet nine inches required by the landscape ordinance. Variances from the landscape ordinance require City Beautiful Commission approval. October 13, 2005 ITEM NO.: 17 (Cont.) FILE NO.: Z-7939 2 A small amount of building landscaping will need to be increased. 5. PUBLIC WORKS COMMENTS: 1. All driveways shall be concrete aprons per City Ordinance. 2. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 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) 379-1817 (Derrick Bergfield). 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available. Auto Repair facility may require pretreatment facility be installed. Contact Little Rock Wastewater for details. Entergy: Approved (conditionally). Owner to pay electrical facilities relocation cost. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrant will be required. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff noted additional information was needed regarding days and hours of operation, number of employees and dumpster location. Staff asked that the applicant provide a detailed description of the limited parts installation to be performed by employees. Staff suggested that October 13, 2005 ITEM NO.: 17 (Cont.) FILE NO.: Z-7939 3 signs be posted on the building’s façade clearly stating that no vehicle repair work or service is to be performed on the site other than the limited parts installation performed by Advance Auto Parts employees. Staff stated the business needed to commit to clearing the site each day. Public Works, Utility and Landscape Comments were presented and discussed. The applicant was advised to contact those agencies individually if information was needed. The applicant was advised to respond to staff issues by September 28, 2005. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned property at the northeast corner of Rodney Parham and Treasure Hills is currently occupied by a car wash and a convenience store with gas pumps. The applicants propose to remove those structures and build in their place a single, 7,000 square foot building for Advance Auto Parts; a retail auto parts sales business. In conjunction with the sales of auto parts, Advance Auto Parts provides as a service to its customers, complementary installation of batteries, windshield wipers and other minor automotive accessories or complementary additions. This installation of auto parts requires a C.U.P. in the C-3 district. A variance to allow a reduced rear yard setback is also requested. The building is proposed to have a rear yard setback of 4 feet. Since the street yard setbacks both exceed 25 feet, the rear yard may by-right be reduced to 15 feet. A variance is requested to allow the 4-foot rear yard. The proposed building will be one-story in height and will have the typical Advanced Auto Parts corporate design. Days and hours of operation are proposed as seven days a week, 8:00 a.m. to 10:00 p.m. Typically, there will be five (5) employees on the site at a time. The dumpster is shown at the rear of the site and screening will comply with ordinance standards. Signage will consist of wall signs on the street facades of the building and a single, 147 square foot, 35 foot tall ground-mounted sign. There will be no outside storage of merchandise and parts. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. Landscaping complies with ordinance requirements under the Landscape Ordinance. A very minor variance is required under the buffer ordinance for a small portion of the street buffer along Treasure Hills. At one point the buffer in this area is at 7 feet, slightly less than the required 9 feet. The buffer widens to 12 feet. Staff supports a variance for the small area of reduced buffer. October 13, 2005 ITEM NO.: 17 (Cont.) FILE NO.: Z-7939 4 Since the retail auto parts store is a by-right use, staff has focused their concerns on the issue of limited motor vehicle parts installation. This is only a concern since the installation will typically occur in the parking lot. Staff wants strict limitations on the level of activity that can occur outside of the building. Staff wants signs posted clearly stating that no vehicle repair work or service is to be performed on the site, other than the minor parts installation performed by Advanced employees. It is also important that the site be cleaned each day. The applicant has agreed to comply with those conditions. With the limits placed on the use as suggested by staff, the proposed use should be compatible with the neighborhood. The 1975 bill of assurance does not address use issues. The property has a rear yard relationship to a driveway on the abutting, commercially zoned lot. Allowing the reduced rear yard should have no effect on the abutting property. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to allow limited parts installation by Advanced Auto Parts employees subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. There is to be no outside storage of merchandise or parts. 3. The limited installation of vehicle parts is to be restricted to employees of Advanced Auto Part. 4. Signs are to be posted on each façade of the building, which clearly state that, no vehicle repair work or service is to be performed on the site other than the limited parts installation, which is performed by Advanced Auto Parts employees. 5. The site is to be cleaned on a daily basis. 6. The overall parking lot will be cleaned by power washing, steam cleaning or similar method at least twice annually. Staff recommends approval of the requested rear yard setback and street buffer variances. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. October 13, 2005 ITEM NO.: 17 (Cont.) FILE NO.: Z-7939 5 The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 18 FILE NO.: Z-7940 NAME: Pleasant Hills C.M.E Church – Conditional Use Permit LOCATION: 3801 East 38th Street OWNER/APPLICANT: Pleasant Hills C.M.E. Church/McGetrick and McGetrick PROPOSAL: A conditional use permit is requested to allow for expansion of the existing church located on this R-3 zoned property. 1. SITE LOCATION: The property is located on the south side of East 38th Street; east of Frazier in College Station. The property is outside of the city limits but within the City’s extraterritorial zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been at this location since 1927. The surrounding neighborhood is sparsely developed with single family residences. A wooded tract and a burned out residence are located across 38th Street to the north. A vacant mobile home is adjacent to the west. A large garden and single family homes are located to the east. Single family homes and a park are located to the south. Allowing the proposed expansion will not affect the church’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The church currently has a seating capacity of 100± persons in its sanctuary. There is no formal on-site parking. The new sanctuary will have a capacity of 165 persons. Parking is required for the difference between the existing capacity of 100 and the proposed new capacity of 165. 65 seats require 16 on-site parking spaces. The proposed new parking lot will accommodate 26 spaces. Access will be via two driveways onto East 38th Street. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Areas set aside for building and interior landscaping are less than October 13, 2005 ITEM NO.: 18 (Cont.) FILE NO.: Z-7940 2 landscape ordinance standards. The proposed interior landscaping is 466 square feet less than the 594 square feet required by the landscape ordinance. In order to receive credit toward fulfilling landscaping ordinance requirements, interior islands must be at least five feet eight inches in width and 112 square feet in area. Variances from landscape ordinance standards require City Beautiful Commission approval. These requirements take into account the reductions allowed within the designated mature area of the City. A six-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern, eastern and western perimeters of the site. 5. PUBLIC WORKS COMMENTS: 1. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 2. All driveways shall be concrete aprons per City Ordinance. 3. Dedication of right-of-way is required to 25 feet from centerline of 38th Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Installation of an additional fire hydrant is strongly recommended. Contact Central Arkansas Water regarding procedures for installation of the hydrant. Fire Department: Provide statement from local volunteer Fire Department indicating approval and ability to provide service. Fire hydrant and fire sprinklers may be required. October 13, 2005 ITEM NO.: 18 (Cont.) FILE NO.: Z-7940 3 County Planning: 1. Please re-plat the property into one parcel. 2. The applicant must receive a driveway permit from the Pulaski County Road and Bridge Department. 3. Please indicate on the site plan adjacent residential properties. Please indicate any residential properties to the rear, side, or across the street from the site. 4. Please indicate wastewater sanitation method and appropriate permits from ADEQ and DHHS if required. CATA: A CATA bus route is located south of this site, along Frazier Pike. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff requested additional information on the proposed addition; included design and proposed uses. The applicant was asked to locate fencing, site lighting and the dumpster location. It was noted that no additional uses, such as private school or day care, were requested. The applicant was advised to provide a copy of the bill of assurance. Public Works, Utility and Landscape Comments were presented and discussed. The applicant was advised to contact those agencies with specific question. The applicant was advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Pleasant Hills C.M.E. Church is located on the R-3 zoned property at 3801 East 38th Street; in the College Station Community. The church has been at this location since 1927. The property is outside of the city limits but within the City’s extraterritorial jurisdiction. The site is occupied by a one-story, 3,108 square foot building that contains classrooms and a 100 seat sanctuary. There is no formal parking on the site. The church proposes to construct a one-story, 6,260 square foot addition containing a 165 seat sanctuary. The existing sanctuary will be converted into classrooms and fellowship hall. The new addition will have brick and steel siding and a steel paneled roof. In addition, a new 25 space, paved parking lot and driveway will be constructed. Screening, in the form of a 6-foot wood fence or dense evergreen plantings, will be placed along the property’s south, east and west perimeters. There will be no dumpster on the site. Lighting will consist of building-mounted lights and parking lot lighting. All lighting must be shielded October 13, 2005 ITEM NO.: 18 (Cont.) FILE NO.: Z-7940 4 downward and into the site. The required right-of-way dedication for East 38th Street has been shown. No signage has been proposed but it is appropriate to limit signage to that allowed in office and institutional zones. The applicant states there is no valid bill of assurance. Landscaping will comply with ordinance standards. The proposed building will have a rear yard setback of 20 feet. The ordinance requires a rear yard setback of 25 feet. The addition is proposed to maintain the 20 foot setback of the existing building. Staff is supportive of this minor variance. To staff’s knowledge, there are no outstanding issues. The church should continue to be a vital, compatible use within the community. The applicant submitted responses to the issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be shielded downward and into the site. 3. Signage is to be limited to that allowed in office and institutional districts. 4. Prior to construction, statement must be provided by the local volunteer fire department indicating approval and ability to provide service. Staff recommends approval of the requested rear yard setback variance. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes and 0 nays. October 13, 2005 ITEM NO.: 19 FILE NO.: 305 NAME: LRWWU Pump Station Annexation REQUEST: Accept 1.95 acres plus or minus to the City LOCATION: West of Pinnacle Valley Road along the LR & Western RR SOURCE: Don Hamilton, Attorney LRWWU GENERAL INFORMATION: • The County Judge held a hearing and signed the Annexation Order on August 2, 2005. • The area requested for consideration has a sanitary sewer pump station with access road. • There is one owner, the LRWWU. • The site is contiguous to the City of Little Rock on portions of two sides. • The annexation request is to obtain fire protection and other City services. • The area in question is pan shaped with the ‘handle and bottom’ running along the currently City Limits for a distance of 773 feet. The depth ranges from 75 feet to 200 feet. • No islands would be created by this annexation. • Currently the property is zoned Single Family (R-2). • The property owner has indicated they intend to continue the sole use as a pump station for the Little Rock sanitary sewer system. AGENCY COMMENTS: Public Safety: Fire: No Comment Received. The closest Fire Station is Station 16 at Cantrell Road and Southridge Drive. This station is approximately 3 miles from the annexation area. The next closest station is Station 21 at Chenal Valley Drive. This station is approximately 4.5 miles from the annexation area. Police: The Little Rock Police Department has indicated there would be very little impact on resources and they have no concerns. Pinnacle Valley Road is the line between Patrol Districts currently. This annexation would require the current patrol car of District 72 to drive across the Railroad tracks prior to turning around. This is a distance of 100 to 150 feet. Or October 13, 2005 ITEM NO.: 19 (Cont.) FILE NO. 305 2 the patrol car for District 70 could just look across the street as they turn around. Since this is an unmanned facility, police calls should be limited. Infrastructure and Community Facilities: Central Arkansas Transit: No Comment Received. There is not a regular Bus Route near the annexation area. The closest is several miles away at Green Mountain and Rodney Parham Road – Route 8. Parks and Recreation: The Little Rock Parks and Recreation Department as indicated they have no concerns or issues related to this annexation. The annexation is not within 8-blocks of an existing park. However the proposed River Trail along the Little Maumelle River would bring the site within the City of Little Rock Parks and Recreation Master Plan’s goal of being within 8-blocks of a park, open green space or recreation facility. Public Works: The Public Works Department has indicated they have no issues or concerns with this annexation. No additional streets will be added to the City. Pinnacle Valley Road along the frontage of the site was annexed into the City in 1985 with General Election Annexation 257. With the site already developed there should be no additional costs to the City for Street Maintenance due to this annexation. Since this is and will remain an unmanned institutional facility, there will be no demands for service placed on the City Solid Waste Division. Thus no additional costs should be imposed on the Solid Waste Division as a result of this annexation. Utilities: Central Arkansas Water: No Comment Received. There is a 12-inch water line along Pinnacle Valley Road. There is an existing hydrant within 400 feet of the site. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Wastewater Utility: The Little Rock Waste Water Utility indicated the have no objections to the annexation. The pump station is a park of the Little Rock sanitary sewer system, thus there is a line in the area. Limitations on use due to the nature of the line are possible. October 13, 2005 ITEM NO.: 19 (Cont.) FILE NO. 305 3 Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The site is develop with an unmanned institutional use thus there should be no impacts on the Pulaski County Special School District as a result of this annexation. ANALYSIS: This site is within the City of Little Rock Planning Jurisdiction. It is contiguous on parts of two sides. The City currently exercises both subdivision and zoning jurisdiction over this land. The property is currently zoned ‘R2’ -- Single Family. The property is developed with an access road and small building to house a pump station for the Little Rock sanitary sewer system. The site requesting annexation is developed and an important part of the existing sanitary sewer system for the western part of the City of Little Rock. No significant new develop is expected on or off site due to this annexation. After review both the Little Rock Sanitary Sewer Committee and the Little Rock Board of Directors have recommended that the facility be made part of the City of Little Rock. The County judge has conducted a hearing on the annexation and found that annexation is appropriate. The City would become the first responder to fire and life safety issues on the site as a result of this annexation. Since this is an unmanned facility and no significant new development is expected, demands should be minimal on City services. In addition the City would not be dependent on a volunteer fire department and the county to protect its own sanitary sewer system. The facility is an integral part of the City sanitary sewer system for northwestern Little Rock. The City’s policy is not to provide sewer service to those outside the City Limits. So the sole function of this property is for the benefit of structures within the city limits of Little Rock. There has been no opposition to the annexation and no agencies have expressed a concern about annexing this land into the City. Staff Recommendation: Approval October 13, 2005 ITEM NO.: 19 (Cont.) FILE NO. 305 4 PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) This item was placed on the consent agenda for approval. By a vote of 11 for, 0 against the consent agenda was approved as recommended. October 13, 2005 ITEM NO.: 20 FILE NO.: 306 NAME: Hughes Annexation REQUEST: Accept one acre plus or minus to the City LOCATION: 37 Maywood Drive SOURCE: Janet & Tom Hughes, Property Owner GENERAL INFORMATION: • The County Judge held a hearing and signed the Annexation Order on August 16, 2005. • The area requested for consideration has a single family home. • There is one owner, the Hughes Family. • The site is contiguous to the City of Little Rock on a portion of one side. • The annexation request is to obtain sewer service and other City Services. • The area in question is along a curve on Maywood Drive and is a modified ‘pie shape’. The site is contiguous along the 144-foot south property line. • No islands would be created by this annexation. This will partial close an existing island. • Currently the property is zoned Single Family (R-2). • The property owner has indicated they intend to continue the sole use as a single-family home. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire department has indicated that their resources in this area are stretched. The addition of one house should not be more than they can handle. They have also pointed out that the entire island should be closed not just one home site. The closest Fire Station is on Chenal Drive. This station is just less than 4 miles drive distance from the annexation area. Southridge Station is the next closest at is just less than 5 miles drive distance from the annexation area. Police: The Little Rock Police Department has indicated they have no concerns about the proposed annexation. Patrol District 72 surrounds the annexation site. The patrol car for this district already must pass the neighborhood of which this home is a part. October 13, 2005 ITEM NO.: 20 (Cont.) FILE NO. 306 2 Infrastructure and Community Facilities: Central Arkansas Transit: No Comment Received. There is not a regular Bus Route near the annexation area. The closest is several miles away at Green Mountain and Rodney Parham Road – Route 8. Parks and Recreation: The Little Rock Parks and Recreation Department has indicated they have no issues or concerns related to this annexation. The annexation area is within 8-blocks of a private outdoor recreation facility. There is a POA park to the southeast and athletic facilities of a private high school and junior high school to the north. Public Works: No Comment Received. No roads will be added to the City for maintenance. The existing road will remain outside the City Limits and the maintenance responsibility of the county. Utilities: Central Arkansas Water: Central Arkansas Water indicates the site has water service, but does not have adequate fire protections. They recommend the addition of a fire hydrant to provide adequate protection. This should be done at the cost of the developer. There is an 8-inch water line along Maywood fronting the annexation area. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Wastewater Utility: The Little Rock Wastewater Utility has indicated they are already providing service to the site as authorized by the Little Rock Board of Directors. The have no concerns or issues related to the annexation. There is an existing sewer main within 200 feet of the existing structure to the south. Southwestern Bell: SBC has indicated they have no concerns about the proposed annexation. Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. October 13, 2005 ITEM NO.: 20 (Cont.) FILE NO. 306 3 Pulaski County Special: No Comment Received. The annexation area is within the attendance zones for Joe T Robinson Elementary, Middle School and High School. ANALYSIS: This site is within the City of Little Rock Planning Jurisdiction. It is contiguous to the City Limits on parts of two sides. The City currently exercises both subdivision and zoning jurisdiction over this land. The property is currently zoned ‘R2’ -- Single Family. The site is two parcels with one house on it. There is no proposal to redevelop the land. The home is part of a larger developed subdivision – Maywood Manor. The Maywood Manor Subdivision consists of some 22 lots south of Cantrell Road (Highway 10), which is part of a large island within the city limits. There are only two vacant tracts within the subdivision. The request area has one house that is adjacent to the city limits along its southern line. This annexation would only bring in one home not the entire subdivision. Thus one would have to drive through the subdivision (outside the city limits) in order to get to this one house that would be inside the city limits. The annexation was requested because the septic system for this home failed and a City sewer line was within 200 feet of the home. They contacted the City about sewer service and were told that annexation was required, unless the Board of Directors granted permission. Annexation normally takes six months. The septic system was literally creating a bog in the back yard. Due to the immediate need to get their wastewater problem fixed the Hughes felt the time for annexation was too long. After discussions with plumbers about fixing the problem, it was to be in the best long-range interest of both property and the City to connect to the sewer system rather than try to install a new septic system with field. The current septic field was leaking into their yard, and was within thirty feet of a drainage ditch which takes water from Shinall Mountain and the Aberdeen neighborhood of Chenal through their property, then north across Highway 10 through the Ranch development and on to the Little Maumelle River. Any waste from the failed system could move into this ditch and into Little Rock and the neighborhoods of the Ranch development. The Board of Directors has allowed a property at Norwood and Highway 10 to the northeast of this property to connect to the sewer system without annexation. This was done since the property was not contiguous and was in an ‘island’. The current policy of the City of Little Rock is to require annexation of adjacent property. It is also the policy of the City of Little Rock not to permit connection to the sewer system unless the property is within the City. Finally, it is the policy of the City of Little Rock for the Little Rock Board of Directors to review cases to October 13, 2005 ITEM NO.: 20 (Cont.) FILE NO. 306 4 see if exceptions should be granted to any of these policies in behalf of a property owner. In order to install a new septic system the Health Department must give its approval. A representative of this department indicated that since a sewer exists within 500 feet of the property, a new septic system should not be approved. While the Department does have some discretion, to allow a new septic system on this property is a potential legal problem. The property owners were under a hardship, the existing system had failed and pollution was occurring. The longer the situation went uncorrected the more likely pollution problems would spread to adjoining properties and into the City. The property owners indicated they understand the property will ‘soon’ be part of the City, and that they do not oppose annexation. However with the costs (time and money) of a new wastewater system, they could not afford to annex first. As a result on March 15, 2005, the Little Rock Board of Directors approved Resolution No. 11940 to allow connection to the sanitary sewer subject to the owners annexing their property to the City within nine months. Annexation of just the Hughes’ property could also cause confusion to Public Safety officials because of the uncertainty of who is in and who is out of the City. This could possibly lengthen response times for both police and fire. However, the fact that the property is contiguous and requiring contiguous properties to annexation causes staff concern about providing service without annexation. The City does intend to use the ‘island’ annexation law to close the ‘island’ of which this is a part prior to the 2010 Census. This means the entire ‘island’ should be part of the City in a couple of years. The health issues on this site have been serious and immediate. The policy considerations by the City are to remain firm about adjacent properties becoming part of the City if they receive City services. Thus the City has determined the overriding issue is the health and policy considerations. With the likely annexation of the remainder of the subdivision within the next year or so any safety issues, which might arise, should be remedied quickly. Staff Recommendation: Approval PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) This item was placed on the consent agenda for approval. By a vote of 11 for, 0 against the consent agenda was approved as recommended. October 13, 2005 ITEM NO.: 21 SUBJECT: Presentation of Proposed 2005 Ordinance Amendment Package STAFF REPORT: The twenty-four (24) subjects in the proposed amendment package were offered by staff and citizens over the past several months. The proposed amendments will be taken to the Plans Committee and the material will be sent to contact persons and neighborhood associations. The completed package and any comments received will be brought to the Commission. As most of these items are clean-up, clarification or minor changes, staff anticipates moving forward at the October 13, 2005 Committee meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff presented the item and recommended that the Commission set the public hearing date as October 13, 2005. There was no further discussion. As a part of the Consent Agenda, the Commission set the October 13, 2005 hearing date. The vote was 11 ayes, 0 noes and 0 absent. STAFF REPORT: Staff sent copies of the proposed amendments and the discussion outline to 200+ persons and organizations, including neighborhood associations and development professionals. Those contacted were asked to submit comments and questions. The amendment package was discussed at the September 7, 2005 and October 5, 2005 Plans Committee meeting. Comments will be forwarded to the Commission. As of this writing, only one individual responded to the request for comments. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff presented the item and informed the Commission that, of the over 200 persons and organizations that had been sent a copy of the proposed amendments, only one person had submitted comments. Staff informed the Commission that the Plans Committee had discussed the amendment package on two occasions. A discussion then followed on a few of the specific proposed amendments. The principal discussion centered on proposed subsection “a”; a proposal to remove October 13, 2005 ITEM NO.: 21 (Cont.) 2 responsibility for reviewing development on PR Parks and Recreation zoned properties from the Planning Commission. Concerns were raised by some of the commissioners that the Parks and Recreation Commission’s meetings might not allow for adequate public notice and input. Staff explained that, at the time the PR District was created, there was no Parks and Recreation Commission but, if there was, the Ordinance would likely have been written as it is now proposed. Staff explained that no change in procedure was being proposed under the ordinance amendment, only a change in the reviewing body. Staff noted that there currently was no public notice, other than for notice to neighborhood associations, under the existing language in the Code for review of projects in the PR district. Staff noted that the Commission would still be responsible for making recommendations to the Board of Directors on rezoning of property to PR. After the discussion, two votes were taken on the amendment package. The vote on subsection (a) was 5 ayes, 3 noes and 3 absent. The vote on the remainder of the package was 8 ayes, 0 noes and 3 absent.