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HomeMy WebLinkAboutpc_04 03 2003LITTII E ROCK PLANNING CGMMISSIGN Pl ANNING —REZGNING —CGNDI'TIGNAL USE HEARING MINUTE RECGRD APRlL 3,2003 4:OO P.M. Roll Cell and Finding ot 8 Quorum A Quorum was present being eight (8)in number, I I.Members Pre~ent:Judith Faust Gary Lengleis Ncrm Floyd Bob Lowry Mizan Rahman Bill Rector Jerry Meyer Fred Allen,Jr. Members Absent:Gbray Nunnley,Jr, Rohn Muse Robert Stebbins City Attorney:Stephen Giles III.Approval of the Minutes of the FebrUBry 20,2003 Meeting all'he Little Reck Planning Commission.The Minutes were approved 8s presented, LITTLE ROCK PLANNING COMMISSION PLANNING —REZONING —CONDITIONAL USE HEARING APRIL 3,2003 4:00 P.M. I.NEW ITEMS: 1.LU03-04-02 A Land Use Plan Amendment from Office to Commercial in the 100 Block of N.Van Buren 1.1.Z-5875-B Rezoning from R-3 to C-3 5101 "A"Street 2.Z-7376 Tucker Family Care Facility —Special Use Permit 48 Plantation Drive 3.Z-7377 Rezoning from R-2 to AF North side of Cantrell Road,approximately 0.4 mile east of Ferndale Cut-Off Road 4.Z-7378 Rezoning from R-2 to l-2 West side of Mabelvale Pike,approximately 600 feet south of Interstate 30 5.Z-3442-H Walmart —Revised Conditional Use Permit 8801 Baseline Road 6.Z-3459-F Home Depot —Conditional Use Permit Mabelvale Pike at 1-30 7.Z-4533-B Cost Plus Furniture —Conditional Use Permit 4400 S.University Avenue 8.Z-5232-C Southwest Middle School —Conditional Use Permit 3301 S.Bryant Street 9.Z-5236-A Wakefield Elementary School —Conditional Use Permit 75 Westminister Drive 10.Z-6551-E SBA Communications —Tower Use Permit 901 Towne Oaks Drive 11.Z-6655-A Splash Car Wash —Conditional Use Permit 3421 Old Cantrell Road Agenda,Page Two 12.Z-7371 Village Creek Baptist Church —Conditional Use Permit 13224 Sardis Road 13.Z-7372 M 8 M Investments —Conditional Use Permit 7521 Asher Avenue 14.Z-7373 Johnson Day Care Center —Conditional Use Permit 9101 Geyer Springs Road 15.Z-7374 Central High School Parking Lot —Conditional Use Permit and Right-of-Way Abandonment Daisy Bates Drive and Dennison Street 16.Z-7375 Splash Car Wash —Conditional Use Permit 7100 Cantrell Road 17.Z-2790-A Rezoning from C-3 to 0-3 9100 Block of Kanis Road 18.LU03-02-01 A Land Use Plan Amendment from Various to Single Family, Multifamily,Public/Institutional and Low Density Residential along Mara Lynn and between Hinson-Rainwood from Napa Valley to Hinson Loop Road 19.2002-2003 Ordinance Amendment Package 20.Planned Zoning District Ordinance Amendment ROAD Public Hearing ARKANSAS Itemsa16 10 11 15 RHDE VNIEYI 6 I-635 /pp(tp HSS I2lH E61H IOIH 2817 IARSIN 7 I 13 2EIRRRIDA8i IpODOOD 651H 651H OIY IAIISHARES+VAIJEY aa DASHAa 5 14 axal 12 alY IRAIS N 5 PRAIT planning Rez-oning Con-ditional use April 3,2003 April 3,2003 ITEM NO.:1 FILE NO.:LU03-04-02 Name:Land Use Plan Amendment -Heights/Hillcrest Planning District Location:5101 N.Van Buren Street ~Re ueat:Office to Commercial Source:Morris N.Harper,Trustee PROPOSAL /REQUEST: Land Use Plan amendment in the Heights/Hillcrest Planning District from Office 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 they serve.The applicant wishes to use the property for a parking lot and possibly to move a commercial building from the neighboring lot to the south to the lot covered by the application. EXISTING LAND USE AND ZONING: The property is currently a parking lot zoned R-3 Single Family and is approximately .13+acres in size.The property on the north side of "A"Street is zoned R-3 and developed with single-family housing a clinic further north on Van Buren is zoned Planned Commercial Development.Across the street to the east is a clinic and a store zoned C-3 General Commercial and a convenience store zoned 0-3 General Office at the corner of Van Buren and Markham Street.The neighboring property to the south is a sandwich shop zoned C-3 and owned by the applicant.The property to the west is zoned C-3 along Markham Street for a restaurant while the remainder of the property to the west is currently zoned 0-3 for property owned by the former Markham Street lnn and is now the subject of a Planned Commercial Development application,which has been forwarded to the Board of Directors. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On June 20,2000 a change was made from Single Family to Suburban Office in the 200 block of McKinley Street about 9/10 of a mile west of the applicant's property to accommodate a proposed development. On April 20,1999 two changes were made from Single Family to Mixed Use on the north side of W.11'"Street between Elm and Lewis Streets and on the south side of W.12 Street between Elm and Lewis Streets about 1 mile southeast of the application area to strengthen and protect the integrity of neighboring residential areas. April 3,2003 ITEM NO.:1 Cont.FILE NO.:LU03-04-02 On March 16,1999 multiple changes were made from Office and Multi-family to Single Family,Multi-family,Mixed Use,and Office in the vicinity of University Avenue and "C"Streets to reflect existing conditions and protect the integrity of the neighboring residential areas about 1/3 of a mile west of the study area. The applicant's property is shown as Office on the Future Land Use Plan.The property to the north is shown as Single Family.The land to the east is shown as Office,Single Family,and Commercial.The land to the south fronting Markham Street is shown as Commercial.The neighboring land to the west is shown as Office,which was the subject of a Land Use Plan Amendment for a change to Mixed Use and was withdrawn on February 6,2003. MASTER STREET PLAN: The Master Street Plan shows Van Buren Street as Minor Arterial and is built to a modified standard with a 70-foot right-of-way with three-lane cross sections. "A"Street is a local street and has partial curb and gutters installed.There are no bikeways shown that would be affected by this amendment. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 shows the War Memorial Park is located half a block south of the application area on the south side of Markham Street.The plan describes War Memorial Park as providing special facilities such as the zoo,fitness center,and a golf course designed to serve the entire city.This amendment is not likely to affect the large facilities at War Memorial Park. HISTORIC DISTRICTS: There are no historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property is located in an area covered by "The Hillcrest Neighborhood Plan:a 'Blueprint'f Our Community."The chapter on zoning and land use contains a goal of creating a different set of guidelines with which to govern the development of Hillcrest.Under this goal,is two objectives advocating the preservation of the aesthetic nature of the neighborhood and establishing design standards consistent with the character of the neighborhood. Two action statements listed under these goals include revising the land use map for the neighborhood to consolidate and eliminate certain land uses,and to discontinue the use of commercial structures on Markham Street that do not fit the character of the neighborhood.The plan also contains a list of supplemental issues,which includes a land use objective of limiting Mixed Uses to the 2 April 3,2003 ITEM NO.:1 Cont.FILE NO.:LU03-04-02 Kavanaugh commercial area and to control the edge erosion of the neighborhood caused by incompatible uses. ANALYSIS: The applicant's property is located in a highly developed urban area.The non- residential buildings fronting Markham Street are oriented and accessed from Markham Street.The houses neighboring the study area on Van Buren between "A"and "B"Streets are oriented toward the streets.The properties on the east side of Van Buren consists of a clinic zoned 0-3 located north of "A"Street,a clinic and gift shop zoned C-3 located south of "A"Street,and an ice cream parlor /gas station /convenience store zoned 0-3 at the corner of Markham Street.The neighboring houses located near the area currently shown as Single Family is accessed from "A"Street and face the rear portions of the non- residential properties across the street.The non-residential uses on the west side of Van Buren Street north of "A"are located in houses converted to non- residential uses,which match the scale of the neighboring residential properties. The non-residential structures on the east side of Van Buren Street are commercial in character and do not match the scale or character of houses located in the residential areas. "A"Street has traditionally served as the boundary between the residential and non-residential uses located in the neighborhood.A change to Commercial at this location would expanded the area shown as Commercial located at the northwest corner of Markham and Van Buren to "A"Street.The Office currently shown provides a transition between the Commercial located on Markham Street and the Single Family Located north of "A"Street.This transition between Office and Commercial assists in establishing "A"Street as a boundary between the residential and non-residential areas of the neighborhood. The neighboring property located to the west of the applicant's property is undergoing a state of change with the proposed renovation of the Markham Street lnn.The Planning Commission considered an application for a Land Use Plan Amendment and Planned Commercial Development covering the site of the former Markham Street in and properties north of "A"Street.The Land Use Plan Amendment covered property north of "A"Street,which staff felt would introduce incompatible uses north of "A"Street inconsistent with the existing residential area.The Plan Amendment application was withdrawn,with the Planned Commercial Development application was altered to allow development of the Markham Street lnn property.Although the property to the west will continue to be shown as Office on the Future Land Use Plan the PCD application pending before the Board of Directors,if approved,is likely to replace a vacant motel with a new extended stay facility located on the neighboring property fronting Markham Street.The PCD application originally included property north of "A" Street but was modified to gain approval for development south of "A"Street and to allow future changes north of "A"Street that would be compatible with surrounding existing residential uses. 3 April 3,2003 ITEM NO.:1 Cont.FILE NO.:LU03-04-02 In addition,the applicant's property is located in the recently approved Midtown Redevelopment District.The redevelopment district is primarily focused on issue effecting the frontage along Markham Street but may result in future recommendations for Land Use Plan changes at the Markham /Van Buren intersection.The district has not developed any specific plans,which include this property.A Plan is not expected for several more months. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Heights Neighborhood Association,Cedar Hill Terrace Property Owners Association, Hillcrest Residents Neighborhood Association,Prospect Terrace Neighborhood Association,Inc.,and Sherrill Heights Garden Club.Staff has not received any comments from area residents at this time STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.The Office category shown at this location provides a transition between the areas shown as Single Family and Commercial while buffering the residential uses to the north from the intense commercial uses to the south. PLANNING COMMISSION ACTION:(APRIL 3,2003) Brian Minyard,City Staff,made a brief presentation to the commission.Monte Moore made a presentation of item 1.1 so the discussion could coincide with the discussion for item 1.See item 1.1 for a complete discussion concerning the rezoning from R-3 to C-3. James Metzger,Board Member of Hillcrest Residents Neighborhood Association spoke in support of the application.Mr.Metzger stated that the neighborhood association reviewed the land use and zoning at the corner of W.Markham and Van Buren Streets and decided that the R-3 zoning was antiquated and that the association was not opposed to the land use plan amendment or the zoning request. Morris Harper,Trustee representing the property owner,addressed the three issues of impact on single-family homes,impact on the Hillcrest Residents Neighborhood Association,and the classification of the lot as Office on the Future Land Use Plan.Mr.Harper stated that the Planned Residential Unit north of "A"street would remove the single-family uses on "A"street.The Hillcrest Residents Neighborhood Association voted unanimously to not oppose the land use plan amendment or zoning request.Mr.Harper closed by stating that the 4 April 3,2003 ITEM NO.:1 Cont.FILE NO.:LU03-04-02 size of the lot was not large enough to develop the property for Office uses and therefore the property should not be shown as Office on the Future Land Use Plan. Ruth Bell representing the League of Women Voters of Pulaski County spoke in opposition to the land use plan amendment and zoning application.Ms.Bell opened her comments by stating that the lot in question was small and surrounded by non-residential uses but that any development of the property would affect the houses fronting "B"Street.Ms.Bell stated that the houses north of the alley between "A"and "B"Streets are in good condition.Ms.Bell stated that the League feels that the development of the applicant's property should be done within the context of a Planned Zoning Development application to protect the integrity of the housing located to the north.In addition,a PZD would target a specific use for the applicant's property.Ms.Bell pointed out that the Hillcrest Residents Neighborhood Association voted not to oppose the applications but did not vote to support the applications.The League,according to Ms.Bell, supported staff recommendations concerning the land use plan amendment and zoning application. James Metzger responded that the Hillcrest Residents Neighborhood Association does not as policy support changes;instead they do not oppose changes. Mr.Harper stated that residents on "B"Street received notification of his applications and did not respond and that his applications would not change the use of the property.Mr.Harper closed with a statement that he wanted his application to receive the same consideration as any other application before the Planning Commission. Commissioner Bill Rector stated that the change from Office to Commercial on the Future Land Use Plan was appropriate. A motion was made to approve the item as presented.The item was approved with a vote of 6 ayes,2 noes,and 3 absent. 5 April 3,2003 ITEM NO.:1.1 FILE NO.:Z-5875-B Owner:Goin Oliver Harper Trust Applicant:Morris N.Harper Location:5101 "A"Street (southwest corner of "A"and Van Buren Streets) Area:Approximately 0.13 acre Request:To rezone from R-3 to C-3 Purpose:Continuance of the parking lot use,with possible future commercial development Existing Use:Parking lot SURROUNDING LAND USE AND ZONING North —Vacant single family residences (across "A"Street);zoned R-3 South —Restaurant;zoned C-3 East —Office and commercial uses (across Van Buren Street); zoned 0-3 and C-3 West —Vacant lot and vacant single family residence;zoned C-3 and R-3 A.PUBLIC WORKS COMMENTS: No Comments. B.PUBLIC TRANSPORTATION ELEMENT: The site is located near CATA's Bus Route C5 (West Markham Route), which runs along West Markham Street one (1)block to the south. April 3,2003 ITEM NO.:1.1 Cont.FILE NO.:Z-5875-B C.PUBLIC NOTIFICATION: All property owners within 200 feet of the site,all residents within 300 feet who could be identified,and the Hillcrest Neighborhood Association were notified of the proposed rezoning. D.LAND USE ELEMENT: This request is located in the Heights/Hillcrest Planning District.The Land Use Plan shows Office for this property.The applicant has applied for a zoning change to C-3 General Commercial for future commercial development. A land use plan amendment for a change to Commercial is a separate item on this agenda. Cit Reco nized Nei hborhood Action Plan: The applicant's property is located in an area covered by the "The Hillcrest Neighborhood Plan:a 'Blueprint'f Our Community."The chapter on zoning and land use contains a goal of creating a different set of guidelines with which to govern the development of Hillcrest.Under this goal,is two objectives advocating the preservation of the aesthetic nature of the neighborhood and establishing design standards consistent with the character of the neighborhood.Two action statements listed under these goals include revising the land use map for the neighborhood to consolidate and eliminate certain land uses,and to discontinue the use of commercial structures on Markham Street that do not fit the character of the neighborhood.The plan also contains a list of supplemental issues, which includes a land use objectives of limiting Mixed Uses to the Kavanaugh commercial areas and to control the edge erosion of the neighborhood caused by incompatible uses. E.STAFF ANALYSIS: The owner of the property at 5101 "A"Street is requesting a rezoning of the property from "R-3"Single Family Residential District to "C-3"General Commercial District.The owner plans the continued use of the property as a parking lot for the Subway restaurant on the adjacent lot to the south, with a possible future commercial redevelopment of these two (2)lots. This property was approved for a parking lot by the Board of Adjustment on July 26,1999.The approved variance was for a detached parking lot on property which was not zoned to allow the use served (restaurant). The property to the west and southwest within this block is part of a proposed PCD (hotel redevelopment)which was recently approved by the 2 April 3,2003 ITEM NO.:1.1 Cont.FILE NO.:Z-5875-B Planning Commission,and is currently pending before the Board of Directors.There are two (2)restaurant uses immediately south of this property,with an office and commercial use across Van Buren Street to the east.There are vacant single family structures located across "A" Street to the north. The City's Future Land Use Plan designates this property as office.The applicant has filed a Land Use Plan Amendment for a change to Commercial.The plan amendment is Item 1.on this agenda. Staff does not support the proposed rezoning.As noted earlier,the parking lot on this site is a permitted use as per the Board of Adjustment approval in 1999.It is not a nonconforming use,therefore,a rezoning is not needed for its continued use.It is staff's opinion that any future redevelopment of this lot along with the Subway restaurant lot to the south should be done as a Planned Zoning Development since the property is only 44 feet wide and would very likely require several variances.Also,a planned zoning development could take into account the transition from the commercial uses along West Markham Street to the Single Family uses north of "A"Street.Staff does not believe a commercial rezoning of this property is appropriate at this time. F.STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION:(APRIL 3,2003) Morris Harper was present,representing the application.There was one (1) person present in opposition.Staff presented the item with a recommendation of denial.The rezoning and land use plan amendment (LU03-04-02)were discussed simultaneously. Jim Metzger,of the Hillcrest Residents Association,addressed the Commission in support of the application.He noted support of the proposed C-3 zoning in light of other recent developments in this area.He stated that it would be unfair to this property owner not to allow the C-3 zoning. Morris Harper addressed the Commission in support of the application.He described the surrounding uses in the area.He stated that it was unfair to leave his property as the only residential zoned property in the block.He stated that the rezoning would have no adverse impact on the single family properties to the north in the Hillcrest Neighborhood.He noted that there had been no opposition to the rezoning and explained.He submitted letters from other nearby neighborhood associations in support of the rezoning. 3 April 3,2003 ITEM NO.:1.1 Cont.FILE NO.:Z-5875-B Ruth Bell,of the League of Women Voters,addressed the Commission in opposition to the proposed rezoning.She stated that the rezoning would have a negative impact on the properties to the north.She stated that a planned zoning development would be appropriate for the redevelopment of the property and explained. Mr.Metzger noted that the Hillcrest Residents Association was not opposed to the rezoning and explained.Mr.Harper explained that the parking lot would probably be on the property for a number of years. Commissioner Rector expressed support for the rezoning. A motion was made to approve the requested land use plan amendment.The motion passed by a vote of 6 ayes,2 nays and 3 absent. A second motion was made to approve the requested C-3 zoning.There was a brief discussion of the motion.Staff reiterated its motion and explained.The motion passed by a vote of 6 ayes,2 nays and 3 absent. 4 April 3,2003 ITEM NO.:2 FILE NO.:Z-7376 Name:Tucker Family Care Facility-Special Use Permit Location:48 Plantation Drive A~licant:Bertha Tucker/Alvin Floyd ~Pro oaal:A Special Use Permit is requested to allow the property owner of 48 Plantation Drive to operate a Family Care Facility.The property is zoned R-2. Public Notification: All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified,and the Hermitage and East Roosevelt Neighborhood Associations were notified of the public hearing. ~St ~A Bertha Tucker,the owner and resident of the single family residence located at 48 Plantation Drive,is requesting a special use permit to allow for the operation of a Family Care Facility at that address.All adjacent properties are occupied by single family homes and are zoned R-2. The property is occupied by a one-story brick and rock single family residence. There is a two-car driveway from Plantation Drive which serves as access to the property.The concrete drive extends along the east side of the building.There is a new building addition being constructed at the southwest corner of the existing structure. The applicant,Bertha Tucker,is requesting a special use permit for a Family Care Facility in order to provide a residence for two (2)individuals who have no other place to live.These individuals are referred to her by the Veteran's Administration (VA)through a vet foster care program.These individuals pay Ms.Tucker a monthly rent,as she receives no payment from the V.A.Ms. Tucker provides her clients with daily meals and transportation.She also helps them take any medication on schedule.A copy of the cover letter submitted by Ms.Tucker is attached for Planning Commission review. The City of Little Rock Zoning Ordinance defines a Family Care Facility as follows: "Family care facility means facility which provides resident service in a family-like environment to six (6)or fewer individuals and not more than two (2)staff personnel.These individuals require a April 3,2003 ITEM NO.:2 Cont.FILE NO.:Z-7376 minimal level of supervision and are provided service and supervision in accordance with their individual needs." Section 36-54(a)of the Zoning Ordinance provides the purpose of requiring a Special Use Permit for this type of use,as follows: "General purpose.The purpose of this section is to provide a method of control over certain types of land uses which,while not requiring the full review process of the conditional use permits,do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." Section 36-54(e)(2)of the Zoning Ordinance establishes the site and location criteria for Family Care Facilities as follows: a.This use may be located only in a single-family dwelling. b.Medical or counseling needs must be provided off-site. c.No physical changes in the residence are permitted which would provide other than sleeping accommodations. d.Drives and parking shall not exceed that required by ordinance for a single-family residence. e.This use shall not be permitted to run with the title to the land and not be transferable. f.The number and spacing of existing similar facilities in the neighborhood. g.Existing zoning and land use patterns. h.Area wide availability of facilities providing like services. i.Provision for readily accessible public or quasi-public transportation. To staff's knowledge there have been no special use permits issued for other Family Care Facilities in this neighborhood.Additionally,staff knows of no facilities providing this type of resident care in the immediate area.This site is located near CATA Bus Route ¹20 (College Station Route),which runs along Fourche Dam Pike. 2 April 3,2003 ITEM NO.:2 Cont.FILE NO.:Z-7376 The applicant submitted a copy of the original Bill of Assurance for this neighborhood as part of the application process.The Bill of Assurance was recorded in 1957 and expired in 1982. Staff believes the proposal to be reasonable and supports the applicant's request for a special use permit.The property is zoned R-2 and could have up to four (4)unrelated persons living there as long as no special services or supervision is provided by the property owner,according to the City's Zoning Ordinance definition of a single family.Staff does not believe the level of activity generated by this Family Care Facility at this location will have any negative impact on the neighborhood. Special Use permits are not transferable in any manner.Permits cannot be transferred from owner to owner,location to location or use to use. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a Family Care Facility at 48 Plantation Drive,subject to the following conditions: 1.Compliance with the site and location criteria established in Section 36- 54(e)(2). 2.There is to be no signage beyond that permitted in single family zones. 3.There is to be no more than two (2)clients living at this residence at any one time. 4.The special use permit will be for Bertha Tucker only,and will not be transferable in any manner. PLANNING COMMISSION ACTION:(APRIL 3,2003) Alvin Floyd was present,representing the application.There were several persons present in opposition.Staff presented the item with a recommendation of approval. Alvin Floyd addressed the Commission in support of the application.He stated that only two (2)persons would live in the house with Ms.Tucker and that they were veterans.He stated that they were over 50 years old and in most cases bed-ridden.Mr.Floyd described the property as well-kept.He stated that Ms.Tucker has been caring for veterans at this location for 1 /~years.He gave additional description of the care provided to the veterans. 3 April 3,2003 ITEM NO.:2 Cont.FILE NO.:Z-7376 Robert Phillips,a resident/client of Ms.Tucker's,addressed the Commission in support of the application.He stated that he has been helped by the VA foster care program and Ms.Tucker.He described the program as one-on-one rehabilitation in a home-like environment. Carlos Corbin spoke in opposition to the application.He expressed concern with the type of persons which may live at 48 Plantation Drive. J.A.Swift,president of the Hermitage Neighborhood Association also spoke in opposition.He noted that this type of use should be located elsewhere and explained.He noted concerns with traffic,medical waste,the older sewer system and decreasing property values. Terry Kersey also addressed the Commission in opposition.She noted that the area should stay residential and expressed concern with the number of persons which would live on the site. Grady Ellington spoke in opposition and reiterated the concern of the other obj ecto rs. Carl Cobb also spoke in opposition.He noted that he had been a resident of the neighborhood for 32 years.He stated that the use should be located elsewhere. Clair Schaefer also spoke in opposition.He also noted that the use should be located elsewhere.He expressed concern with decreasing property values. Alvin Floyd explained that the use of the property was not a nursing home,but a foster care type use.He stated that the clients are mostly bed-ridden and will not be roaming the neighborhood streets.He explained that the property is well- kept. Commissioner Meyer asked if there were only two (2)clients living on the property with Ms.Tucker.Mr.Floyd stated that there has never been any more than two (2)clients.There was a brief discussion of this issue. Mary Swift addressed the Commission in opposition.She stated that there were 3 or 4 new showers being constructed on the site.She stated that Ms.Tucker was not able to care for the clients.She stated that family members of the clients come to the site once a month and create traffic problems. Commissioner Meyer asked if Ms.Tucker was able to care for her clients.Mr. Floyd stated that she along with her two sons (Mr.Floyd and his brother)help care for the veterans.He stated that only family members of Ms.Tucker visit the property and explained. 4 April 3,2003 ITEM NO.:2 Cont.FILE NO.:Z-7376 Chairman Rahman asked if the VA had an inspection program for the foster care uses.Mr.Floyd stated that the VA does oversee the foster care program and explained. Commissioner Lowry asked about the current construction on the property. Mr.Floyd explained that the construction was an extension of a bedroom and a walk-in shower with two toilets.Commissioner Lowry asked how many bedrooms the house had.Mr.Floyd stated that there was a total of three bedrooms and described the other rooms in the house. Commissioner Faust explained that she could not understand why the neighbors were opposed to the application.She briefly discussed the use of the property and noted that the neighborhood would be protected by the conditions recommended by staff to be placed on the application. There was a motion to approve the special use permit as recommended by staff. The motion passed by a vote of 7 ayes,1 nay and 3 absent.The special use permit was approved. 5 y-7Evl Q —lg-a~ f~iLmn~m ~~:DS:~8 +c.Ak 2n~W ~rum lc,zzzoo So(-9&p -risc ~/E,gp~.-..g l ms~ o&W f~B n aj/pip A~A y e:g.( / e ~-6'-d g -~C K,v.s.fg ~~-~e Q.5 goo,;+'~ I +"P~~~"' &6i J&'n m kdpA'g @&;s Cai Qda,g~6 -v:'H +p a 'Jg .~.~/g~/~-~+~v ~sp~+~~4 ~c ~.—! QP++Q gf:+c +~gMc ~c g,C'7 ~S~cg 4'c+l A ow'/~a/~u.jg F+.~/ c ~,'Il ~s v e 6 e m e./4a p/C(,'~p ~~2 c~~+w -A ~+Mw /gC'y~Dlg+~~o ~'Cg l"cW~M C'o~/:~~/)ah'uM &~v~Fo c!w~uW ~p Ao~,yc'~ /4+4c~e $e ~o lP7~~e &Via +4u'~ ~'Vg k&l.~M ~gQ &7~mo~-s l~4e ~S;-~et zm.g~W4a.7~4~ '/8 k 4k~0&,l.zg g~d,u~~ S~f-gled -zZD~ April 3,2003 ITEM NO.:3 FILE NO.:Z-7377 Owner:Shirley M.Bell Applicant:Shirley M.Bell Location:North side of Cantrell Road (Hwy.10),approximately 0.4 mile east of Ferndale Cut-Off Road Area:Approximately 8.5 acres Request:To rezone from R-2 to AF Purpose:Private recreational use and possible future plant nursery Existing Use:Undeveloped SURROUNDING LAND USE AND ZONING North —Undeveloped;zoned R-2 South —Single family residences on large lots (across Hwy.10); zoned R-2 East —Single family residences and commercial building;zoned R-2 West —Undeveloped;zoned R-2 A.PUBLIC WORKS COMMENTS: No Comments. B.PUBLIC TRANSPORTATION ELEMENT: The property is not located on a CATA Bus Route. April 3,2003 ITEM NO.:3 Cont.FILE NO.:Z-7377 C.PUBLIC NOTIFICATION: All property owners within 200 feet of the site,all residents within 300 feet who could be identified,and the Greystone Manor and Duquesne Place Neighborhood Associations were notified of the proposed rezoning. D.LAND USE ELEMENT: This request is located in the Barrett Planning District.The Land Use Plan shows Park/Open Space for this property.The applicant has applied for a zoning change to Agricultural Forestry zoning for a possible plant nursery and recreational uses. The request does not require a change to the Land Use Plan. Cit Reco nized Nei hborhood 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 property owner,Shirley M.Bell,of the 8.53 acre tract along the north side of Highway 10,approximately 0.4 mile east of Ferndale Cut-Off Road is requesting to rezone the property from "R-2"Single Family Residential District to "AF"Agriculture and Forestry District.The owner requests the rezoning for private recreational use and possibly a future plant nursery. The 8.53 acre tract is undeveloped and wooded,with varying degrees of slope.There are two (2)small accessory buildings on the site and a canvas tent structure.There is undeveloped R-2 zoned property to the north and west,with single family structures on large lots to the south across Highway 10.There is a single family residence and a commercial building (zoned R-2)to the east of the site. The City's Future Land Use Plan designates the majority of this property as Park/Open Space.The proposed zoning change to AF for private recreational use and possible future plant nursery does not require a change to the Plan. Staff supports the requested rezoning to AF.Staff feels that the rezoning is appropriate given the fact that the property is located within a very wide floodplain and very near the floodway.AF zoning at this location should have no adverse impact on the adjacent properties or the general area. The applicant should be aware that any future development of the 2 April 3,2003 ITEM NO.:3 Cont.FILE NO.:Z-7377 property will require that a Special Grading and Flood Hazard Permit be obtained from the City's Public Works Department. F.STAFF RECOMMENDATION: Staff recommends approval of the requested AF zoning. PLANNING COMMISSION ACTION:(APRIL 3,2003) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff.A motion to that effect was made.The motion passed by a vote of 8 ayes,0 nays and 3 absent.The application was approved. 3 April 3,2003 ITEM NO.:4 FILE NO.:Z-7378 Owner:J 8 J Family Limited Partnership (Emmett Jones) Applicant:Emmett Jones Location:West side of Mabelvale Pike,approximately 600 feet south of Interstate 30 Area:Approximately 3.4 acres Request:To rezone from R-2 to I-2 Purpose:Equipment rental business Existing Use:Undeveloped SURROUNDING LAND USE AND ZONING North —Two (2)single family residences along Mabelvale Pike,with mixed commercial and industrial uses along l-30;zoned R-2,C-4 and l-2 South —Two (2)single family residences along Mabelvale Pike,with nonconforming commercial uses along Davmar Drive;zoned R-2 East —Several residential structures which are being moved (across Mabelvale Pike)and undeveloped commercial property;zoned R-2 and C-3 West —Industrial use and undeveloped industrial property;zoned I-2 A.PUBLIC WORKS COMMENTS: 1.For this zoning action,Mabelvale Pike is classified on the Master Street Plan as a minor arterial.A dedication of right-of-way 45 feet from centerline will be required. 2.Any future development of property will require a grading permit, boundary street improvements,and stormwater detention facilities. April 3,2003 ITEM NO.:4 Cont.FILE NO.:Z-7378 B.PUBLIC TRANSPORTATION ELEMENT: The site is located near CATA's Bus Routes ¹17 (Mabelvale —Downtown Route)and ¹17A (Mabelvale —UALR Route),which run along I-30 to the north. C.PUBLIC NOTIFICATION: All property owners within 200 feet of the site,all residents within 300 feet who could be identified,and the Mavis Circle,Pinedale,West Baseline and SWLR United for Progress Neighborhood Associations were notified of the proposed rezoning. D.LAND USE ELEMENT: This request is located in the Geyer Springs —West Planning District.The Land Use Plan shows Light Industrial for this property.The applicant has applied for a zoning change to l-2 Light Industrial for Industrial development. The request does not require a change to the Land Use Plan. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered by the Chicot West/I-30 South Neighborhood Action Plan.The plan does not contain any goals, objectives,or action statements relative to this application. E.STAFF ANALYSIS: The owner of the 3.4 acre tract along the west side of Mabelvale Pike, approximately 600 feet south of Interstate 30 is requesting a rezoning from "R-2"Single Family Residential District to "I-2"Light Industrial District.The owner plans to develop the property for an equipment rental business (Volvo Leasing). The property is currently undeveloped and grass-covered.The property slopes slightly downward from Mabelvale Pike to the west.There are two (2)single family residences on the adjacent property to the north,with a mix of commercial and industrial uses along 1-30.There are also two (2) single family residences to the south,with nonconforming commercial uses along Davmar Drive.There is undeveloped I-2 zoned property immediately west,and C-3 and R-2 zoned property to the east across Mabelvale Pike. 2 April 3,2003 ITEM NO.:4 Cont.FILE NO.:Z-7378 The City's Future Land Use Plan classifies this property as Light Industrial.The proposed rezoning to I-2 conforms to the adopted Plan. Staff is supportive of the requested I-2 rezoning.The City's Future Land Use Plan designates all of the property west of Mabelvale Pike and north of Sibley Hole Road to l-30 as Light Industrial.The applicant's plan for an equipment rental business should fit in well with other uses along l-30 as well as the planned Home Depot development on the commercial property to the east across Mabelvale Pike.The proposed l-2 zoning should have no adverse impact on the adjacent properties or the general area. F.STAFF RECOMMENDATION: Staff recommends approval of the requested l-2 zoning,subject to compliance with the Public Works Comments noted in paragraph A.of this report. PLANNING COMMISSION ACTION:(APRIL 3,2003) Emmett Jones was present,representing the application.There were two (2) persons present in opposition.Staff presented the item with a recommendation of approval. Emmett Jones addressed the Commission in support of the application.He explained his plans for the property. Janet Berry spoke in opposition to the proposed I-2 rezoning.She noted support for rezoning the property to C-4 and explained. There was a brief discussion regarding the possibility of amending the application to a C-4 rezoning.Staff noted that the amendment could be done by the applicant at this public hearing and explained. Troy Laha also spoke in opposition to the proposed I-2 zoning.He stated that he would like to see plans for the proposed development of the property. Commissioner Rector asked if staff would be supportive of a rezoning to C-4. Dana Carney,of the Planning Staff,noted that staff would support a rezoning to C-4.He stated that the proposed use of the property (equipment rental business)was a permitted use in C-4 zoning. Commissioner Floyd explained why the City's Land Use Plan designated the property north of Sibley Hole Road as light industrial.There was a brief discussion of this issue. 3 April 3,2003 ITEM NO.:4 Cont.FILE NO.:Z-7378 Chairman Rahman asked Mr.Jones if he wished to amend his application to be a rezoning to C-4.Mr.Jones stated that he would amend the application to C-4. There was a brief discussion of the amendment. There was a motion to approve the application as amended by the applicant to a proposed C-4 rezoning.The motion passed by a vote of 8 ayes,0 nays and 3 absent.The C-4 zoning was approved. There was an additional brief discussion regarding the grading permit associated with this property which was recently denied by the Public Works Department. 4 April 3,2003 ITEM NO.:5 FILE NO.:Z-3442-H NAME:Wal-Mart —Revised Conditional Use Permit LOCATION:8801 Baseline Road OWNER/APPLICANT:Wal-Mart Stores/Quattlebaum,Grooms, Tull and Burrow PROPOSAL:A revision to a previously approved conditional use permit is requested to allow for an expansion of the time allowed for outdoor —seasonal display and sales.The property is zoned I-2. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The site is located on the south side of l-30,at Baseline Road. 2.COMPATIBILITY WITH NEIGHBORHOOD: Wal-Mart has been at this site for approximately 10 years.It was expanded to a Supercenter some 4 years ago.The area of outdoor display is located near the northwest corner of the store;at a point well within the commercial development and away from the residential neighborhood to the east.Allowing the area of outdoor merchandise sales,under controlled conditions,should not affect the development'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 SWLR United for Progress,West Baseline,Mavis Circle and Pinedale Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The Wal-Mart is accessed via two driveways off of Baseline Road and an intersecting driveway through the shopping center to the west that accesses the I-30 Frontage Road.The site has 849 parking spaces,40 of which are used for the outside,seasonal display area.This 201,172 square foot retail store requires 543 parking spaces. 4.SCREENING AND BUFFERS: No Comments. April 3,2003 ITEM NO.:5 Cont.FILE NO.:Z-3442-H 5.PUBLIC WORKS COMMENTS: No Comments. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:No objection. Fire Department:Approved as submitted. C~tPI i:N ~C CATA:Site is on bus route ¹17 and 17A but has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) Jeb Joyce was present representing the application.Staff presented the item and noted there was little additional information needed.Staff asked Mr.Joyce to provide information on the treatment of the perimeter of the proposed outdoor sales area and to state whether any tents or other structures are proposed to be erected in conjunction with the request.Mr.Joyce stated he would provide the information to staff.There were no comments from staff regarding any Public Works or Landscape issues. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A 199,140 square foot Wal-Mart Supercenter is located on the 21+acre tract at 8801 Baseline Road.The site also contains an 849 space parking lot.The southern portion of the site,where the building and a small portion of the parking lot are located,is zoned I-2.The northern portion,containing the remainder of the parking lot and detention areas,is zoned C-3. 2 April 3,2003 ITEM NO.:5 Cont.FILE NO.:Z-3442-H A conditional use permit was first approved in February 1992 to allow construction of the Wal-Mart.The conditional use permit was revised in September 1992 to allow an expansion for food sales.In November 1992,the conditional use permit was further revised,eliminating the proposed expansion and making some other changes to the site plan.In August 1997,after the store was built,the conditional use permit was revised to allow an area of outdoor- seasonal sales in an area encompassing 30 parking spaces for a period of 120 days each year and to allow for the use of trailers behind the building for seasonal layaway storage.In April 1998,the conditional use permit was revised to allow the expansion into a Supercenter.There was no change in the outdoor- seasonal display or trailer storage.In April 1999,the conditional use permit was revised to allow the outdoor-seasonal sales area to be expanded to encompass 40 parking spaces and to allow sidewalk merchandise display.The approval was for 150 days each year and allowed the outdoor display area to be equal to 105%of the building's facade area.There was no change in the 120 days each year approved for use of the layaway trailers. Wal-Mart is now requesting approval of another revision to the conditional use permit to allow the area of outdoor-seasonal sales to be 258 days each year; January 1 —September 15.No expansion of the outdoor-seasonal sales area is proposed and no change is proposed in the 120 days per year for the layaway trailers.The outdoor-seasonal sales will remain in the location previously approved;on the sidewalk and in a portion of the parking lot near the building's northwest corner.No tents or other structures will be erected in conjunction with the outdoor-seasonal sales. The boundary of the garden center area consists of an approximately three (3) foot high fence,constructed with timbers and cinder blocks.In addition to outlining the boundary of the garden center,the fence protects shoppers from automobiles in the parking lot.Several "gardening beds"are constructed with sheets of wood set on cinder blocks,and Wal-Mart places plants and flowers for sale on these gardening beds.Bags of mulch and potting soil,which are located on the ground within the garden center boundary,are also for sale.Each day when the garden center is open,a Wal-Mart employee is assigned to maintain the garden center.This employee is directed to frequently sweep the loose soil and debris which gathers in the garden center,and to pick up any trash around the center.In addition to this employee who provides maintenance for the garden center,other employees are assigned to the center to provide customer service.These employees assist employees during the busier day hours,and during the slower night hours (this is a 24 hour Wal-Mart),the employees water the plants and reorganize the area for the next day's business.As to the garden center structures,Wal-Mart sells the lumber when the garden center is required to be disassembled,and stores the cinder blocks for the next year.Parking is allowed on the area where the garden center is located during the times of year 3 Apnl 3,200'3 ITEM NG.:5 Cont.FlLE NG.:Z-3442-H in whichthe gBrclen center is not in operBtion.As to proclucts solcl in the gBrden cente~,8 smBIler Bmount of pIBnts Bnd soil Bre BvBilBble inside the store throvghout the yeBr,bvt WBI-MBrt orclers greeter Bmounts cf these products fcr sBle clvring the times of the yeBr in which the gBrden center is in operBtion. StBff Is supportive of the reqUested chBAge.Allowing the exteAclecl time for outdaor-seBscnBI sBI'es should hBve no effect on BdjBcent properties,The sBles BreBs Bre locBted on the sidewBlk Bnd Bt the northwest comer of the building, well within the GverBII commerciBI shopping center Bre8 encl BwBy from the street Bncl Bbutling properties.No BdditionBI signBge is proposed.Sign8ge for the sBIes BreB ccnsists of point Gf pvrchBse procfuct IdentificBtion Bnd prices. GA MBrch 18,2003,the BpplicBnt submitted responses to stBff issues rBised Bt Subdivision Committee encl reflected in the Bbove BABlysis. STAFF RECGMMENDATIGN: St8ff recornmeAcls BpprovBI Gf the Brnendecl condltIGABI vse permit,Bs flied, PLANNING CGMMISSIGN ACTIGN:(APRIL 3,20033 The BpplicBnt wBs present.There were no objectors present.Letters of suppcrt hBd been svbmitted by the West BBseline Bnd SWI R United for Progress Neighborhood Assocl'Bt)ons StBff presented the Item BAcl 8 recammenclBtlon af BpprovBI,There w8s no further discussion. The item wBs plBced in the Consent AgendB Bnd Bpproved by 8 vote of 8 Byes, 0 Aoes Bnd 3 Bbsent. 4 April 3,2003 ITEM NO.:6 FILE NO.:Z-3459-F NAME:Home Depot —Conditional Use Permit LOCATION:Mabelvale Pike and l-30 OWNER/APPLICANT:Conservative Development Company/ Greenberg Farrow Architecture PROPOSAL:A conditional use permit is requested to allow development of a home center with lawn and garden center on this C-3 zoned 121 acre tract. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located on the south side of l-30 at the Mabelvale Pike/Baseline Road overpass. 2.COMPATIBILITY WITH NEIGHBORHOOD: The proposed Home Depot site lies within a large commercially zoned and developed area.New commercial development is occurring on the C- 3 zoned tracts to the east and north.A large area of undeveloped,C-3 zoned property extends to the south.A narrow strip of R-2 zoned properties lies to the west,adjacent to Mabelvale Pike.These R-2 properties are shown as commercial on the Land Use Plan.Some of the homes have been removed.Home Depot has shown a 46 foot buffer on the west perimeter;70'/o of which will remain wooded and undisturbed. The proposed store should be compatible with the neighborhood. All owners of property within 200 feet of the site,all residents within 300 feet who could be identified and the SWLR United for Progress,West Baseline,Pinedale and Mavis Circle Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The proposed building will be 102,513 square feet in size and will have an additional garden center area of 34,643 square feet.This 137,156 square feet of retail use requires 387 spaces.Home Depot is proposing to provide 426 parking spaces.Access to the site is via 3 driveways off of a private road that serves the overall commercial development. April 3,2003 ITEM NO.:6 Cont.FILE NO.:Z-3459-F 4.SCREENING AND BUFFERS: The proposed street buffer drops five feet below the twenty (20)foot minimum width allowed at any given point.The average width requirement is forty (40)feet. The proposed areas designated for landscaping within the interior of the vehicular use areas needs to be more evenly distributed.Also,a small amount of landscaping between the public parking area and building is required.Considerable flexibility is allowed with the building landscaping requirement. An irrigation system to water landscaped areas will be required. At least seventy (70)percent of the land use buffer is required to remain undisturbed. Prior to a building permit being issued,it will be necessary to present landscape plans stamped with the seal of a Registered Landscape Architect. 5.PUBLIC WORKS COMMENTS: 1.The "Proposed Roadway"as shown in a previous preliminary plat must be constructed to Master Street Plan standards and be accepted prior to occupancy. 2.Sidewalks with appropriate handicap ramps are required in accordance with Sec.31-175 of the Little Rock Code and the Master Street Plan. 3.A Sketch Grading and Drainage Plan will be required per Sec.29- 186(e).Show all stormwater flows entering and leaving the property, and the location of stormwater detention facilities. 4.Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210.The first driveway centerline must be located at least 250 feet back from the right-of-way line of Mabelvale Pike,spacing between driveways must not be closer than 250'.Driveway must also be located 125'rom property boundaries unless the drive is centered on the property line and platted as a shared access drive. 5.Provide traffic impact and warrant analysis for proposed signal in Mabelvale Pike.Both initial,and full development conditions should be considered. 6.A right turn lane from the proposed development onto Mabelvale Pike should be provided. 2 April 3,2003 ITEM NO.:6 Cont.FILE NO.:Z-3459-F 7.Obtain permits and approval for all improvements within State Highway right-of-way from AHTD,District Vl. 8.Contact the ADEQ for approval prior to start of work. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer main extension required with easements if service is required for project. Entergy:Easements required along rear (south)perimeter as follows: 5'ither side of UG primary,either 1 or 3 phase;and 30'asement along rear property line for 3 phase overhead,15'ither side of poles. Reliant:No Comments received. Southwestern Bell:10'asement needed on north and east perimeters. Water:According to our records water service will be available to this property after the proposed 12-inch water main is installed.Service is not available at this time.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.This development will have minor impact on existing water distribution system.Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department:Approved as submitted. ~NPI i:N N CATA:Site is on bus route ¹17 but has no effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed on building design,signage,days and hours of operation and site lighting.The applicant was asked to provide details on the treatment of the perimeter of the garden center and to describe the nature of the screening fence along the south perimeter.It was noted that no area had been shown for seasonal-parking lot sales.The applicant was advised to show such areas and to request approval if any seasonal display is anticipated.Staff 3 April 3,2003 ITEM NO.:6 Cont.FILE NO.:Z-3459-F commented that the easternmost north-south driveway needed to be shown in a cross-access easement because of its tie-in to the property to the east. Public Works Comments were presented.Discussion centered primarily on two issues;the need to relocate the driveways to comply with Ordinance standards and the need to submit a sketch grading and drainage plan showing all stormwater flow entering and leaving the property and the location of stormwater detention areas.It was noted that a traffic impact and warrant analysis would be required for any proposed traffic signal. Landscape Comments were presented.It was noted that the street buffer fell below ordinance minimums,no building landscaping was shown and the interior landscaping needed to be more evenly distributed.It was also noted that 70%of the land use buffer on the west needed to remain undisturbed.The applicant was urged to preserve as many trees on the site as possible. The Committee ended its discussion and forwarded the item to the full Commission. STAFF ANALYSIS: Home Depot proposes to construct a new home center with garden center on the vacant,C-3 zoned,11.891acre tract located south of the Mabelvale Pike/I-30 interchange.The project consists of a 102,513 square foot home center,an attached 34,643 square foot garden center and a 426-space parking lot. Outdoor sales will be located on the sidewalk area directly in front of the store and along the east perimeter of the garden center.Access to the site is from 3 driveways off of a private road that will be built to serve this site and adjacent commercial development.The one story building will be constructed of tilt-up wall panels with a smooth concrete finish.The garden center will be covered by a roof extension and a plexiglass material.The garden center will be enclosed by a chain-link wall.A small,fenced area at the southwest corner of the building will be used primarily as a staging area to off-load lumber before it is brought into the store.Pallet storage will be located behind the building.That area will be screened by an 8 foot tall wood fence.A 46 foot wide buffer will be left along the west perimeter of the site.At least 70%of that buffer will remain undisturbed. Signage will consist of a single ground-mounted sign not to exceed commercial standards (36 feet in height and 160 square feet in area)and wall signs on the front facade of the building.The store's operating hours are proposed to be 6:00 a.m.—10:00 p.m.Monday —Saturday and 8:00 a.m.—8:00 p.m.on Sundays.A trash compactor is located at the rear of the store,near the truck loading bays. The applicant has submitted a site-lighting plan.Lighting should be low-level and directional,so as to reduce light spillage onto adjacent properties. 4 April 3,2003 ITEM NO.:6 Cont.FILE NO.:Z-3459-F Staff is supportive of the requested conditional use permit.The proposed location is within a substantial,commercially zoned area.Commercially zoned and developed properties are located north,south and east of the site.The row of residential properties adjacent to the west are shown as commercial on the land use plan.Some of the residential structures have recently been removed. On March 19,2003,the applicant submitted a revised plan and responses to issues raised at Subdivision Committee and noted in the analysis above.The access easement has been shown along the eastern driveway.Seasonal- outdoor display will be limited to the sidewalk and the area directly east of the garden center.The applicant is requesting approval of a variance to allow year- round outdoor display in the indicated areas.To staff's knowledge,there are no outstanding issues. 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 this report. 2.Site lighting is to be low-level and directional,aimed inward to the site. 3.Outdoor sales and display is to be limited to those areas shown on the sidewalk directly in front of the store and along the eastern perimeter of the garden center. 4.Signage is to be limited to a single ground-mounted sign conforming to commercial standards and wall signs on the building's front facade. Staff recommends approval of a variance to allow year-round outdoor sales and display in the areas specifically noted. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were two interested parties present.A letter of support had been submitted by the West Baseline Neighborhood Association. A letter had also been submitted by SWLR United for Progress.In its letter, SWLR United for Progress voiced support for the project and asked that two conditions be added;that the developer agree to pay for or participate in the cost of a traffic signal at Mabelvale Pike when it is warranted and that the site lighting be high intensity,not low-level as recommended by staff.Staff presented the item and a recommendation of approval subject to compliance with the following conditions: 5 April 3,2003 ITEM NO.:6 Cont.FILE NO.:Z-3459-F 1.Compliance with the conditions outlined in the "Staff Recommendation" above. 2.A right-turn lane is to be installed on the roadway at its intersection with Mabelvale Pike. 3.The developer is to pay for or participate in the cost of a traffic signal at Mabelvale Pike (as recommended by SWLR United for Progress). 4.Site lighting is to comply with proposed State of Arkansas House Bill 1282, "The Night Sky Protection Act"as follows: a.The outdoor lighting fixtures are to be shielded in such a manner that light rays emitted by the fixture,either directly from the lamp or indirectly from the fixture,are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. b.No mercury vapor outdoor lighting fixtures are to be used. Janet Berry,president of SWLR United for Progress,stated she agreed with the conditions. Staff recommended approval of a variance to allow year-round outdoor sales and display in the areas specifically noted on the site plan.There was no further dlscusslon. The item was placed on the Consent Agenda and approved,including all recommended conditions and variances.The vote was 8 ayes,0 noes and 3 absent. 6 April 3,2003 ITEM NO.:7 FILE NO.:Z-4533-B NAME:Cost Plus Furniture —Conditional Use Permit LOCATION:4400 South University Avenue OWNER/APPLICANT:JKO Properties,LLC/Marshall Schuster,Jr. PROPOSAL:A conditional use permit is requested to allow a retail furniture store in this l-2 zoned building. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located on the west side of University Avenue; approximately /4 mile south of Asher Avenue. 2.COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the large commercial district around the Asher-University intersection.All surrounding properties are developed with a wide variety of commercial uses,with the exception of the First Tee Golf course which is located west of the site.The proposed use,a furniture store,is 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 SWLR United for Progress,Westwood and Curran-Conway Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The site is accessed from Kramer Street,via First Tee Drive and S. University.There is no direct access to University.A 15-space parking lot is located in front of the building.There is enough paved area on the site to accommodate another 25'ehicles for a total of 40 spaces.This 34,000 square foot building is divided into 2,000 square feet of office; 22,000 of showroom and 10,000 of warehouse;requiring 82 parking spaces.Staff believes it is appropriate to support a parking variance.A furniture store will not generate the large volumes of traffic that other retail uses might generate.The showroom area serves much the same function as a warehouse.No expansion of the parking area is requested, nor would it be permitted due to the site lying within the floodway. April 3,2003 ITEM NO.:7 Cont.FILE NO.:Z-4533-B 4.SCREENING AND BUFFERS: No Comments. 5.PUBLIC WORKS COMMENTS: 1.This property is located with the floodway and floodplain of Rock Creek.Any future expansion of the existing building or parking lot will require a grading and development permit for special flood hazard area prior to construction. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if additional and/or larger meter(s)are required. Fire Department:Approved as submitted. ~NI Pl:N N CATA:Site is on bus route 417 and 17A but has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed regarding signage,days and hours of operation,site lighting,on-site parking and fencing.The applicant was asked to show the dumpster location and required screening.Staff asked the applicant to describe the use mix within the building;square footages devoted to sales areas, warehouse,etc... 2 April 3,2003 ITEM NO.:7 Cont.FILE NO.:Z-4533-B Public Works staff noted the site was located in the floodway and floodplain of Rock Creek and any future expansion of the building or parking lot would require a grading and development permit for special flood hazard area,prior to construction. There were no other staff comments. The applicant was advised to respond to staff issues by noon,Wednesday March 19,2003. STAFF ANALYSIS: The 1-2 zoned,1.81acre tract located at 4400 S.University Avenue is occupied by a 34,000 square foot,one-story,block and brick building with an asphalt- paved parking lot.For years this building has been used as a warehouse for the several area Schuster Furniture stores.The stores have all closed.The applicant proposes to now operate a retail furniture store at this South University location.No changes will be made to the site,other than for minor,cosmetic changes to the building.The building will consist of 2,000 square feet of office space;22,000 square feet of showroom;and 10,000 square feet of warehouse. Hours of operation are proposed to be Monday-Saturday,9:00 a.m.—6:00 p.m. and Sunday,1:00 p.m.—5:00 p.m.Fifteen parking spaces are located in front of the building and there is sufficient paved area on the site to accommodate an additional 25+vehicles.Three wall-pack light fixtures have been added on the side and rear of the building and external lighting has been placed on the face of the building to illuminate the wall sign.The site has one 201 foot tall,72 square foot ground-mounted sign and a wall sign on the front facade of the building.No dumpster will be located on the site.Trash,which consists primarily of cardboard and packing materials,will be stored in the back of a truck and taken directly to the landfill. Staff is supportive of the requested conditional use permit.The property is located in an area that is appropriate for commercial uses.The site is located partially within the Rock Creek floodway and no changes can be made to the building or parking area without approval of a grading and development permit for special flood hazard area.No changes are required to landscaping although the applicant has made some upgrades to make the site more visually appealing. On March 18,2003,the applicant submitted responses to staff issues raised at Subdivision Committee and included in the analysis above.To staff's knowledge,there are no outstanding issues,other than the need for a parking variance.Staff does support that variance since furniture stores typically do not generate high volumes of customer traffic. 3 April 3,2003 ITEM NO.:7 Cont.FILE NO.:Z-4533-B STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with Public Works Comments. Staff recommends approval of a parking variance. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval subject to compliance with Public Works Comments.Staff recommended approval of a parking variance.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff,including the variance.The vote was 8 ayes,0 noes and 3 absent. 4 April 3,2003 ITEM NO.:8 FILE NO.:Z-5232-C NAME:Southwest Middle School —Conditional Use Permit LOCATION:3301 South Bryant Street OWNER/APPLICANT:Little Rock School District/Wittenberg,Delony and Davidson PROPOSAL:A conditional use permit is requested to allow for the addition of a six (6)classroom addition to replace two (2)portable classroom buildings.The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The 401 acre tract containing Southwest Middle School,Bale Elementary School and Little Rock School District physical plant services is located south of West 32"'treet,east of Bryant Street. 2.COMPATIBILITY WITH NEIGHBORHOOD: The tract containing the two (2)schools and the physical plant facility is located at the southern fringe of the residential neighborhood.The school property actually serves as a transition from the neighborhood to the intense commercial development along Asher Avenue.Allowing the classroom addition,which will result in the removal of two (2)portable classroom buildings,will not affect the campus'ontinued 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 John Barrow and College Terrace Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: Once the addition is completed,the school will have 40 classrooms and 55 employees;requiring 95 on-site parking spaces based on a requirement of one space per classroom plus one space per employee. The site has 104 on-site parking spaces,although it appears some are shared with Bale Elementary.The addition is to replace two portable classroom buildings.There is no real increase in the number of classrooms or employees.Bus loading/unloading is located in an area in front of the school,taking access off of South Bryant Street. April 3,2003 ITEM NO.:8 Cont.FILE NO.:Z-5232-C 4.SCREENING AND BUFFERS: Since the proposed expansion will be under ten percent of the existing structure,no landscaping upgrade is required. 5.PUBLIC WORKS COMMENTS: 1.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2.The proposal is to replace existing portable classrooms with a permanent building.Therefore,no boundary street improvements are required at this time,particularly 32"'treet. 3.Stormwater detention ordinance applies to this property. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Service available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if additional and/or larger meter(s)are required. Fire Department:Approved as submitted. ~NI Pl:N N CATA:Site is on bus route ¹21 but has no effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed on building design,signage,fencing and dumpster location and screening.The applicant stated the dumpster was tucked into a niche and was not visible from the outside.He was advised to show it on the plan.In response to a question from staff,the applicant stated the school grounds would continue to be open to allow neighborhood residents access to play areas.Staff commented that the City's "City in a Park"plan incorporated 2 April 3,2003 ITEM NO.:8 Cont.FILE NO.:Z-5232-C school grounds as an element serving as park area for neighborhood residents. Public Works and Landscape Comments were presented.The applicant responded that 32"Street would be improved;that the project had,in fact, already been awarded. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Southwest Middle is located on a R-2 zoned,39 acre tract at the southeast corner of West 32"and Bryant Streets.Bale Elementary School and Little Rock School District Physical Plant facilities are also located on this tract.Southwest Middle School is currently an 84,200 square foot building with 34 classrooms. Additional classrooms are located in two portable buildings.The site also contains 104 parking spaces located in lots with access off of West 32"'nd Bryant Streets.Some of these spaces may also be shared with the elementary school.The school district is requesting approval of a conditional use permit to allow the following: 1.A 7,116 SF six classroom addition will replace the two portable classroom structures.This classroom addition will not add student or teacher capacity to the existing school. 2.Addition of ADA accessible stairs and ramps at Classroom Buildings 2,4, 8 5. 3.Replace windows in Administrative and Classroom areas. 4.Interior refurbishing of toilets for ADA accessibility. No other changes are proposed to the site,other than for required street and sidewalk improvements.The proposed one-story addition is to have a flat roof and a brick veneer to match the existing building.The site has an existing ground sign and one wall sign at the main entrance.No changes are proposed in signage.No changes are proposed to fencing or the dumpster.The dumpster is tucked into a "niche"of the building and is not visible from outside the school gl ounds. Staff is supportive of the request.Allowing the classroom addition,resulting in the removal of two portable buildings,is an improvement that will be of benefit to the neighborhood and the District.There is no resulting increase in classrooms or employees,thus no increased impact on the neighborhood. 3 April 3,2003 ITEM NO.:8 Cont.FILE NO.:Z-5232-C The District confirmed in Subdivision Committee that the campus would continue to be accessible to neighborhood residents for use of the play areas. On March 18,2003,the applicant submitted responses to staff issues raised at Subdivision Committee.To staff's knowledge,there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: 1.Compliance with staff comments and conditions outlined in Sections 4,5 and 6 of this report. 2.The portable classroom buildings are to be removed from the site upon completion of the classroom addition. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above.There was no further dlscusslon. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 7 ayes,0 noes,3 absent and 1 recusing (Langlais). 4 April 3,2003 ITEM NO.:9 FILE NO.:Z-5236-A NAME:Wakefield Elementary School —Conditional Use Permit LOCATION:75 Westminister Drive OWNER/APPLICANT:Little Rock School District/Allison Architects PROPOSAL:A conditional use permit is requested to allow for the construction of a new elementary school to replace the school that burned in 2002.The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The school site is located at the southeast corner of Westminister and Lancaster,in the Wakefield Neighborhood. 2.COMPATIBILITY WITH NEIGHBORHOOD: There has been an elementary school on this site for many years.The property is located within the heart of the Wakefield Neighborhood and is surrounded by properties that are predominantly single family in use.A scattering of nonresidential uses is located north of the site.Allowing the rebuilding of this neighborhood elementary school is a positive action that will benefit the neighborhood. AII owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Wakefield and SWLR United for Progress Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The proposed new school will have a total of 28 classrooms and 50 employees;requiring 78 on-site parking spaces.The site has no real on- site parking and only a row of spaces along Westminister Drive that back into the street.Under this new plan,a new 9-space visitors parking area will be located off of Westminister and a new,52-space parking lot will be constructed south of the school,off of Lancaster Road.A bus loading/unloading drive is located in front of the school,off of Lancaster. Staff supports a variance to allow the reduced number of on-site parking spaces. April 3,2003 ITEM NO.:9 Cont.FILE NO.:Z-5236-A 4.SCREENING AND BUFFERS: The width of the two small interior landscaping islands must be increased to at least 7 /2 feet.Interior landscape islands must be at least 150 square feet to receive credit. A six (6)foot high opaque screen,either a wooden fence with its face side directed outward,a wall,or dense evergreen plantings,is required to screen the proposed new parking area from the properties to the south. 5.PUBLIC WORKS COMMENTS: 1.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2.All driveways shall be concrete aprons per City Ordinance. 3.Sidewalks with appropriate handicap ramps are required on Westminister in accordance with Sec.31-175 of the Little Rock Code and the Master Street Plan. 4.The proposed land use would classify Westminister Street on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if additional and/or larger meter(s)are required. Fire Department:Approved as submitted. ~NI Pl:N N CATA:Site is not located on a dedicated bus route but is near route 417 and 17A and has no effect on bus radius,turnout and route. 2 April 3,2003 ITEM NO.:9 Cont.FILE NO.:Z-5236-A SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed regarding building design,signage,number of classrooms and employees and site lighting.In response to a question from staff,the applicant stated the site would continue to be open,allowing neighborhood residents access to the play areas.Staff noted that the City's "City in a Park"plan envisioned allowing school grounds to serve as park facilities for neighborhood residents. Public Works Comments were presented.It was noted that stormwater detention would likely be required.Landscape Comments were presented.Staff noted that the applicant had adjusted the parking lot design to save several significant trees. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned,6a acre tract at the southeast corner of Lancaster and Westminister Drive was formerly occupied by the Wakefield Elementary School. The school was recently destroyed by fire and the site has been cleared other than for the cafeteria building which survived the fire.The Little Rock School District is requesting approval of a conditional use permit to allow for the construction of a new 50,380 square foot,28 classroom elementary school Additionally,61 on-site parking spaces will be constructed in two new parking lots located north and south of the building.A courtyard/playground will be located within the building.Existing playground areas will also remain south and east of the building.The proposed building will have a height of 16'8"with the media center having a height of 23'8".The building will have a brick facade up to 10'0"and stucco from 10'0"to the roof.The media center will have a sloping single membrane roof.The rest of the facility will have a parapet wall with the roof sloping to the courtyard. Staff is supportive of the requested conditional use permit.Allowing the rebuilding of this neighborhood school will be a benefit to this neighborhood. The new facility will have better parking and associated landscaping and screening.On March 19,2003,the applicant submitted responses to staff issues raised at Subdivision Committee.The applicant has confirmed that the playground area will continue to be accessible to neighborhood residents.The interior Landscape Islands have been increased in size and screening will be installed along the south perimeter of the site as required.Site lighting will be 3 April 3,2003 ITEM NO.:9 Cont.FILE NO.:Z-5236-A designed to minimize its affect on adjacent properties but to also provide appropriate illumination for safety and security at the school.The applicant has agreed to comply with Public Works Comments.One ground-mounted sign will be installed at the corner of Lancaster and Westminister.Staff recommends that the sign be limited to the size allowed in office and institutional zones;6 feet in height and 64 square feet in area.The applicant has suggested that signage will be placed above the canopy of the media center with the school name in individual letters.Staff cannot support this type of sign which is defined as a roof sign by the code.The lettering must be mounted flush on the vertical wall of the building as a wall sign. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1.Compliance with staff comments and conditions outlined in Sections 4,5 and 6 of this report. 2.Signage is to be limited to one ground-mounted sign not to exceed the height and size permitted in office and institutional zoned and a wall sign located on the facade of the building in compliance with city code. 3.Any site lighting is to be low-level and directional,designed so as to limit light flooding onto adjacent properties. Staff supports a parking variance to allow a reduction in on-site parking,as ploposed. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.Letters of support had been received from SWLR United for Progress and the Wakefield Neighborhood Association.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above.Staff recommended approval of a parking variance. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff,including the parking variance.The vote was 8 ayes,0 noes and 3 absent. 4 April 3,2003 ITEM NO.:10 FILE NO.:Z-6551-E NAME:SBA Communications —Tower Use Permit LOCATION:901 Towne Oaks Drive OWNER/APPLICANT:Newman McGee/SBA Network Services PROPOSAL:A tower use permit is requested to allow an existing Wireless Communication Facility support structure (tower)to be increased from 150'o 155'n height. The property is zoned C-3. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The WCF is located on the east side of Towne Oaks Drive,between Rodney Parham and Treasure Hill. 2.COMPATIBILITY WITH NEIGHBORHOOD: The WCF is located within a C-3 zoned commercial area.All properties immediately around the tower site are zoned C-3 and are occupied by a variety of commercial uses.MF-18 and MF-24 zoned apartments and condominiums are located to the north,across Treasure Hill.No changes are proposed to the WCF lease boundary or ground equipment.Raising the height of the tower from 150 feet to 155 feet will be visually negligible and should not affect the WCF'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 Sturbridge and SWLR United for Progress Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The site is accessed via a driveway off of Towne Oaks Drive.There is adequate space on the driveway to accommodate a technician visiting the site. 4.SCREENING AND BUFFERS: No Comments. April 3,2003 ITEM NO.:10 Cont.FILE NO.:Z-6551-E 5.PUBLIC WORKS COMMENTS: No Comments. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer not required for project. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:No Comments received. Water:No objection. Fire Department:Approved as submitted.~PPI:N P CATA:Site is not located on a dedicated bus route and has effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was not present.Staff noted that there were no comments since no change was being proposed to the site other than for the proposed 5'ower height increase. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The Wireless Communication Facility (WCF)located on the C-3 zoned property at 901 Towne Oaks Drive consists of a 150 foot tall monopole tower and ground equipment within a 50 foot by 30 foot lease area.The site is enclosed by an 8 foot tall,wood privacy fence.The tower is currently utilized by three wireless providers.The tower site was first approved in July 1998.Subsequent approvals were granted in March 1999,July 1999 and July 2001 to allow collocation of other providers.On June 5,2001,the Board of Directors passed Ordinance No.18,503 granting a partial waiver of the landscape requirements. That ordinance required the installation of an 8 foot privacy fence on all four 2 April 3,2003 ITEM NO.:10 Cont.FILE NO.:Z-6551-E perimeters of the WCF and of Landscaping on the west and north perimeters. The landscape requirement on the south and east perimeter was waived.Staff's inspections of the site has revealed that the landscaping has either died or never been installed.The applicant has been advised of this discrepancy.The applicant responded that the required landscaping will be installed immediately, possibly before the Commission meeting. The applicant,SBA Communications,is requesting approval to add 5 feet to the height of the tower,raising its total height to 155 feet.One of the wireless providers,Cingular,is located at the 148 foot level on the tower.Due to interference issues,Cingular needs to relocate their existing antennas to provide further separation from the other antennae on the tower.Since Cingular is at the top of the tower,there is a need to increase the tower height to accommodate the relocation.The tower addition will not guidelines.There will not be any alteration regarding the ground equipment at the base of the tower. Staff supports the requested tower use permit.Allowing the tower to be increased in height by 5 feet will be visually negligible and should not affect the tower's compatibility with the neighborhood.The tower has setbacks of 207+ feet on the north,28+feet on the east,10+feet on the south and 40+feet on the west.The nearest residentially zoned properties are the MF-18 and MF-24 zoned properties located 2601 feet to the north. If it has not already been completed by the Commission meeting,the WCF will have to be brought into compliance with the landscape provision of Ordinance No.18,503 prior to a permit being issued for the tower modification. STAFF RECOMMENDATION: Staff recommends approval of the requested tower use permit subject to the site being brought into compliance with the landscape provisions of Ordinance No. 18,503 prior to a permit being issued for the tower extension. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval subject to the site being brought into compliance with the landscape provisions of Ordinance No.18,503 prior to a permit being issued for the tower extension.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 8 ayes,0 noes and 3 absent. 3 April 3,2003 ITEM NO.:11 FILE NO.:Z-6655-A NAME:Splash Car Wash —Conditional Use Permit LOCATION:3421 Old Cantrell Road OWNER/APPLICANT:JSM Enterprises/Splash Car Wash PROPOSAL:A conditional use permit is requested to allow for development of a two-bay automatic car wash,with vacuums,on this C-3 zoned property. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located at the southeast corner of Old Cantrell Road and Mart Drive. 2.COMPATIBILITY WITH NEIGHBORHOOD: The property is located within an area of mixed uses.Although all surrounding properties are zoned C-3 Commercial,not all properties in the area contain commercial uses.Offices are located to the north,south and southeast.A high-rise residential structure (Riveria)is located to the northwest.The commercial uses in the immediate vicinity range from boutiques and restaurants to an automobile sales lot and a self-serve car wash.Staff does have concerns about the compatibility of this use with the neighborhood.Although there are other uses in the area,the predominant use seems to be smaller shops,restaurants and offices. Staff is not sure that another automobile oriented use fits as well with the existing use mix as another retail or restaurant use would. All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Cedar Hill Terrace and Hillcrest Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The site is accessed by a one-way drive off of Old Cantrell Road.After exiting the car wash,vehicles leave the site via a one-way drive onto Mart Drive.There is stacking space for four vehicles in each lane of the car wash.A parking pad is provided for a technician visiting the site to service the equipment. April 3,2003 ITEM NO.:11 Cont.FILE NO.:Z-6655-A 4.SCREENING AND BUFFERS: Areas set aside for buffers and landscaping meet and exceed ordinance requirements. 5.PUBLIC WORKS COMMENTS: 1.The proposed and existing right-of-way widths,street improvements, and sidewalk locations as shown on the plans are acceptable.Repair or replace any existing curb,gutter or sidewalk prior to occupancy. Sidewalks are in poor condition. 2.20 feet radial dedication of right-of-way is required at the intersection of Old Cantrell and Mart Drive. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if additional and/or larger meter(s)are required.Installation of an RPZ backflow preventer before the first outlet will be required. Fire Department:Approved as submitted. ~CPI i::N C CATA:Site is on bus route 421 but has no effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) Joe White and Paul Stagg were present representing the application.Staff presented the item and noted additional information was needed regarding building design,signage,site lighting,employees,dumpster screening and fencing.In response to a question from staff,the applicant explained that the order stations were located under the eave of the building,at the entrance to each tunnel.Staff raised the question of what would happen if a customer 2 April 3,2003 ITEM NO.:11 Cont.FILE NO.:Z-6655-A entered the site only to find the car wash out of order.The applicant responded that the customer could actually drive through the facility or could turn around and exit the site.Staff noted that variances would be needed for the building setback and the dumpster positioning.The applicant responded that the building could be relocated to eliminate the setback variance. Public Works and Landscape Comments were noted. The applicant then showed a sketch plan with vacuums located in the entrance drive and asked staff's opinion.Staff responded that there would be concerns about inadequate stacking space.Staff also noted that there had already been several telephone calls expressing opposition to the car wash and adding vacuums to the plan would likely only add to the neighbor's concerns. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: Splash Car Wash proposes to construct a two-bay automatic car wash facility on the vacant,C-3 zoned property located at 3421 Old Cantrell Road.Access to the site is proposed by a one-way drive off of Old Cantrell Road.The driveway is divided,with two vacuum islands located along one of the aisles.After exiting the car wash tunnel,vehicles leave the site via a one-way driveway onto Mart Drive.The proposed building structure is concrete block and glazed block with a veneer of EIFS and simulated stone.The roof is to have a 7/12 pitch with simulated slate shingles.Signage is to consist of one ground-mounted sign not to exceed commercial standards (36 feet in height and 160 square feet in area) and wall signage over the tunnel entrance.A dumpster is located between the building and Mart Drive.A variance is required to allow the dumpster at this location.The Code prohibits the orientation of dumpsters to the street.An employee will be on the site for periodic maintenance.Hours of operation are proposed to be 24 hours a day,7 days a week.Site lighting is proposed to be low-level and directed away from adjacent properties. On March 19,2003,the applicant submitted a revised site plan and responses to issues raised at Subdivision Committee.Although the applicant has,with one exception,addressed most of staff's site plan related issues,staff has concerns about this proposal.The applicant has indicated two vacuum islands to be placed near the entrance to the site,along one aisle of the divided driveway. Staff is concerned that the presence of the vacuum islands could add noise to the site and could impact traffic flow onto the site from the street.The presence of the vacuums clearly makes the use more of an outdoor,C-4 type use. 3 April 3,2003 ITEM NO.:11 Cont.FILE NO.:Z-6655-A Staff's primary concern is whether the proposed car wash is compatible with uses in the area.Although there are a variety of uses in the area,the nature of the neighborhood lends itself more forwards smaller specialty shops,restaurants and other entertainment related uses.Staff has met with a representative of a coalition of business owners in the area who has voiced those same concerns. There is a desire to create an identity for the area similar to that of the River Market or Heights.Staff does not believe that a business such as that proposed by the applicant is compatible with that goal.In 1988,it was determined by the Planning Commission and Board of Directors that car washes were C-4 uses and not appropriate by-right in C-3.Ordinance No.15,571 (11-1-88)amended the Zoning Ordinance by removing car washes as a by-right use in C-3 and allowing them only as a conditional use in that zoning district.Concerns voiced during discussions leading up to the ordinance amendment included noise, hours of operation and traffic associated with car washes. It is staff's opinion that a car wash is not an appropriate use for the C-3 zoned property at 3421 Old Cantrell Road. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicants were present.There were several objectors present.Several letters and a petition of opposition had been submitted.As is its practice,the Commission offered the applicant an opportunity to defer since only eight (8) commissioners were present.The applicant requested a deferral.After a discussion of the length of a deferral,a motion was made to defer the item to the May 15,2003 agenda.The vote was 8 ayes,0 noes and 3 absent. 4 April 3,2003 ITEM NO.:12 FILE NO.:Z-7371 NAME:Village Creek Baptist Church —Conditional Use Permit LOCATION:13224 Sardis Road OWNER/APPLICANT:Village Creek Baptist Church/Zane Clark,PA PROPOSAL:A conditional use permit is requested to allow for the construction of a Family Life Center building and an office addition onto this existing church.The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located on the west side of Sardis Road,just north of the city limits/Saline County Line. 2.COMPATIBILITY WITH NEIGHBORHOOD: Village Creek Baptist Church has been a part of this neighborhood for many years.The area is very rural in character.The church occupies a 3a acre tract.No increase in seating capacity is proposed.Allowing the proposed office addition and Family Life Center should 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 SWLR United for Progress,Rolling Pines and Meyer Lane Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The church has a seating capacity of 200 persons in its sanctuary, requiring 50 parking spaces.The site has a paved,52-space parking lot accessed via a single driveway off of Sardis Road.Approximately 29 new parking spaces will be added to the rear of the parking lot in a future expansion.The proposed new total of 81 parking spaces will be reduced once the required landscaping islands are installed,however the remaining number should still exceed the ordinance minimums. April 3,2003 ITEM NO.:12 Cont.FILE NO.:Z-7371 4.SCREENING AND BUFFERS: Because of the size of the proposed building,a landscaping upgrade to within seventy-five (75)percent of full ordinance standards will be required.This takes into account the reduction allowed for rehabilitation of an existing site. The street buffer should not drop below a width of twelve feet and nine inches. At least six (6)percent (1,525 square feet)of the interior of the vehicular use area is required to be landscaped with interior islands.No interior landscaping is shown on the plans submitted. 5.PUBLIC WORKS COMMENTS: 1.Sardis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2.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.This project would qualify for a contribution in lieu of construction. 3.Stormwater detention ordinance applies to this property. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer main extension required with easements if service is required for project. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if larger and/or additional water meter(s)are required.The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s)will be required.If additional fire hydrant(s)are required,they will be installed at the Developer's expense. Fire Department:Approved as submitted. ~PI Pl:N P 2 April 3,2003 ITEM NO.:12 Cont.FILE NO.:Z-7371 CATA:Site is on bus route ¹17 and 17A but has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed regarding building design,signage and fencing.The applicant responded to a staff question by stating there was no dumpster on the site.Staff asked the applicant to provide a timeframe for the two-phased project. Public Works Comments were noted.Staff advised the applicant that the project would qualify for a contribution in-lieu of street construction. Landscape Comments were presented.Staff noted that the existing parking area would have to be landscaped to within 75%of full ordinance standards and the parking lot expansion would have to meet full requirements.Staff offered some suggestions as proposed landscape improvement. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Village Creek Baptist Church is located on the R-2 zoned,3+acre tract at 13224 Sardis Road.The site contains a 52-space parking lot and one building housing a 200-seat sanctuary.The church proposes a two-phased expansion of its facilities.Phase I is a 65'110"multipurpose building.This building will have 22-foot tall walls and a maximum height of 32 feet at the roof peak.The building will be constructed of steel and metal with 5 feet of brick on the south face.The building will have a 3-12 pitched metal roof.The building will be used for typical church related activities.Phase II will connect the two buildings with a one-story office addition.Building materials and design are not finalized.The church currently has no extracurricular activities such as a day care,mother's day out or private school.None are proposed through this action.Phase II also includes an expansion of the parking lot. On March 17,2003,the applicant submitted a revised site plan and responses to issues raised at Subdivision Committee.The revised site plan shows the addition of landscaping in both the existing and proposed parking areas.Right- of-way for Sardis Road has been shown,resulting in the need to franchise the existing sign and a portion of the existing parking lot.The existing building will have a front yard setback of 10 feet once right-of-way is dedicated. 3 April 3,2003 ITEM NO.:12 Cont.FILE NO.:Z-7371 The church is requesting a 5-year deferral of the required street improvements to Sardis Road.Staff supports this request. The applicant anticipates the Phase II office addition and parking lot expansion to occur in 5 years. The required landscape upgrade in the existing parking lot will reduce the number of parking spaces from 50 to 43.The Phase II parking expansion will add 26 more parking spaces. To staff's knowledge,there are no outstanding issues.Allowing the proposed expansion should not affect this neighborhood church's continued compatibility with surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1.Compliance with staff comments and conditions outlined in Sections 4,5 and 6 of this report. 2.Signage is to be limited to that allowed in office zones and a wall sign is permitted on the south facade of the new multipurpose building. 3.The Phase II parking expansion is to occur no later than the office addition, although it may occur sooner. 4.The existing parking lot is to be brought into compliance with landscaping requirements with construction of the multipurpose building. 5.Any new site lighting is to be low-level and directional,aimed inward to the site. Staff supports a deferral of the required street improvements to Sardis Road for a period of 5 years or until adjacent development,whichever occurs first. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.A letter of support had been submitted by SWLR United for Progress.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in 4 April 3,2003 ITEM NO.:12 Cont.FILE NO.:Z-7371 the "Staff Recommendation"above.Staff recommended approval of a deferral of the required street improvements to Sardis Road for a period of 5 years or until adjacent development,whichever occurs first.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 7 ayes,0 noes and 3 absent and 1 recusing (Floyd). 5 April 3,2003 ITEM NO.:13 FILE NO.:Z-7372 NAME:M 8 M Investments —Conditional Use Permit LOCATION:7521 Asher Avenue OWNER/APPLICANT:M 8 M Investments/Stephen Majors PROPOSAL:A conditional use permit is requested to allow a retail clothing store to locate in a portion of an existing building on this l-2 zoned property. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located at the southeast corner of Asher Avenue and Western Hills. 2.COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses.Multiple commercial and industrial uses are located along Asher Avenue to either side of this property.An elementary school is located across Asher Avenue,to the northeast.A City Park is adjacent to the south.The proposed retail shop is to occupy only a small portion of one of the several existing buildings on this property.The 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 SWLR United for Progress,Westwood and John Barrow Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: This 5a acre,multiple building site is served by several driveways off of Western Hills Avenue and Asher Avenue.Some modification of the driveways and parking has occurred as a result of the Asher Avenue widening and the improvements at the Asher/Western Hills intersection. The applicant proposes no change to the driveways or on-site parking. Allowing this small,retail clothing store should have no effect on the site's parking. April 3,2003 ITEM NO.:13 Cont.FILE NO.:Z-7372 4.SCREENING AND BUFFERS: No Comments. 5.PUBLIC WORKS COMMENTS: 1.Since the proposal does not expand existing facilities,no improvements to the public frontage or additional stormwater facilities are required. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if additional and/or larger meter(s)are required. Fire Department:Approved as submitted. ~NPI i:N P N. CATA:Site is on bus route ¹14 but has no effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed regarding signage,days and hours of operation and number of employees.Staff asked the applicant to provide a list of other uses occupying the various buildings on the site and to state what percentage of the building is proposed to be occupied by the retail use.The applicant responded that the retail store would occupy 1,800 square feet of the 8,400+square foot building. There were no Public Works or Landscape Comments since no changes were proposed to the site. 2 April 3,2003 ITEM NO.:13 Cont.FILE NO.:Z-7372 The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The 1-2 zoned,5a acre,property at the southeast corner of Asher Avenue and Western Hills Avenue contains 5 buildings housing a variety of service and light industrial uses.Parking is located in several lots scattered around the site.The building nearest the corner is currently occupied by Ace Top Shop,a canvas and vinyl sewing and repair business.This building is a total of 8,472 square feet in size.The applicant proposes to lease 1,822 square feet of the building to a retail clothing store.The retail use requires a conditional use permit in 1-2.Proposed hours of operation are 9:00 a.m.—6:00 p.m.,Monday through Friday.Proposed signage will consist of a single,wall mounted sign not to exceed 10%of the Asher Avenue facade of the building.The store will typically employee 3 persons.No changes are to be made to the site,other than for minor remodeling of the tenant space for the clothing store. Staff is supportive of the requested conditional use permit.The proposed,small retail use is compatible with uses in the area and should have no impact on the site in particular or the neighborhood in general.On March 19,2003,the applicant submitted responses to the issues raised at Subdivision Committee and reflected in the preceding analysis. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit,as filed. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 8 ayes,0 noes and 3 absent. 3 April 3,2003 ITEM NO.:14 FILE NO.:Z-7373 NAME:Johnson Day Care Center —Conditional Use Permit LOCATION:9101 Geyer Springs Road OWNER/APPLICANT:Lolita Johnson PROPOSAL:A conditional use permit is requested to allow a day care center in this R-2 zoned,single-family residence. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located on the east side of Geyer Springs Road, approximately one block south of Baseline Road. 2.COMPATIBILITY WITH NEIGHBORHOOD: The property is located on an arterial street in an area of mixed zoning and uses.A variety of commercial uses are located north and west of the site,around the Geyer Springs/Baseline intersection.The R-2 zoned property to the north is occupied by a restaurant and a tutoring service. An area of office zoning continues down Geyer Springs,south of the site. A nonconforming mobile home park is adjacent to the east.One single family residence is adjacent to the south.In staff's opinion,this is an appropriate location for a day care.The 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.Allendale,Windamere and OUR Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The day care is proposed to have four employees,including the applicant, and an enrollment of the children.Five on-site parking spaces are required.The property is currently served by a single-wide,paved driveway.There is adequate space in the front of the property to construct the required parking and provide the proper ingress/egress to the site. April 3,2003 ITEM NO.:14 Cont.FILE NO.:Z-7373 4.SCREENING AND BUFFERS: A six (6)foot high opaque screen,either a wooden fence with its face side directed outward,a wall or dense evergreen plantings is required along the northern,southern,and eastern perimeters of this site. If a parking area is to be developed,it will be required to be landscaped in accordance with zoning buffer and landscape ordinance requirements. 5.PUBLIC WORKS COMMENTS: 1.No boundary street improvements are required. 2.Stormwater detention ordinance may apply to this project if parking lot is constructed.The project would qualify for a contribution in-lieu of construction. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Contact Central Arkansas Water if additional and/or larger meter(s)are required. Fire Department:Approved as submitted. ~Nt Pl l:N N CATA:Site is on bus routes 417 and 17A but has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed regarding signage,fencing and on-site parking.In response to a question from staff,the applicant responded that this was her home.The applicant stated the total enrollment would be 16 children,with fewer than that number being at the day care on some days.The applicant was 2 April 3,2003 ITEM NO.:14 Cont.FILE NO.:Z-7373 advised to meet with staff to determine the best way to place 5 parking spaces on the site. Public Works Comments were presented.Landscape Comments were noted. Staff informed the applicant that the new parking lot would need to be landscaped and screening would be required on the north,south and east perimeters.After discussing the issue,the Committee determined that screening should not be required on the north since that adjacent,R-2 zoned property is actually occupied by a commercial business. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property at 9101 Geyer Springs Road is occupied by a one-story, brick and frame,single-family residence.The home sits some 61 feet off of the front property line and has a single-car driveway off of Geyer Springs Road.The owner/occupant of the home is requesting approval of a conditional use permit to allow her to operate a day care center from her home.The proposed day care center is to have 4 employees,including the applicant,and a maximum enrollment of 16 children.Although the day care is being operated in a single family residence,occupied by the caregiver,it is not a day care family home. Day care family homes are limited to a maximum enrollment of 10 children and are typically approved with only the occupant acting as caregiver.The applicant proposes to operate the day care from Monday through Friday,5:45 a.m.—6:00 p.m.One ground-mounted sign may be placed on the front of the property,not to exceed 6 feet in height and 32 square feet in area.The rear yard is currently enclosed by a 4 foot tall chain-link fence and will be used as play area.The applicant proposes to replace the chain-link fence with a 6 foot tall,wood,privacy fence.The applicant proposes to modify the driveway and to construct 4 parking spaces in front of the house.The parking space under the carport will remain, for a total of 5 parking spaces.There is enough depth to the front yard to actually construct 5 parking spaces,for a total of 6. Staff is supportive of the requested conditional use permit.The property is located at the edge of the neighborhood,on an arterial street.A larger area of commercial businesses is located adjacent to the north and across Geyer Springs,to the west.One single family home is adjacent to the south and a nonconforming mobile home parking wraps around the site on the south and east.Several,0-3 zoned Office uses are located farther to the south,along Geyer Springs.The applicant has agreed to install the required parking and the day care is proposed to operate from 5:45 a.m.—6:00 p.m.The site is located 3 April 3,2003 ITEM NO.:14 Cont.FILE NO.:Z-7373 on two CATA bus routes.In staff's opinion,this is an appropriate location for the proposed,relatively small,day care operation. On March 17,2003,the applicant met with staff and responded to issues raised at Subdivision Committee,as detailed above. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1.Compliance with Public Works and Landscape Comments. 2.Signage is to be limited to one ground-mounted sign not to exceed 6 feet in height and 32 square feet in area. 3.The rear yard —play area is to be enclosed by a 6-foot tall,wood privacy fence within 6 months. 4.The required,paved parking is to be installed immediately. 5.The day care is to be limited to 4 employees,including the applicant,and a maximum enrollment of 16 children. Staff recommends a variance from the screening requirement on the north perimeter,since that adjacent property is actually occupied by commercial uses. PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.A letter of support had been submitted by SWLR United for Progress.A letter had also been submitted by the owner of the property adjacent to the north in which he voiced his concern that the applicant provide adequate parking on her site to accommodate the day care.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above.Staff recommended approval of a variance from the screening requirement on the north perimeter.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 8 ayes,0 noes and 3 absent. 4 April 3,2003 ITEM NO.:15 FILE NO.:Z-7374 NAME:Central High School Parking Lot —Conditional Use Permit and Right-of-Way Abandonment LOCATION:North side of Daisy Bates Drive at Dennison Street OWNER/APPLICANT:Little Rock School District/Peters and Associates PROPOSAL:A conditional use permit is requested to allow for construction of a school parking lot and renovation of an existing parking lot.The properties are zoned R-3 and R-4.The District also requests abandonment of the Dennison Street Right-of-Way,between West 13 and Daisy Bates and of a portion of alleys located either side of that block of Dennison Street. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property in question is located north of Daisy Bates Drive,either side of Dennison Street,north of Central High School. 2.COMPATIBILITY WITH NEIGHBORHOOD: The property in question is located directly north of Central High School. Six of the nine lots included in the proposal are already developed as paved parking lots.Uses immediately around the proposed parking lot are primarily residential;including single family homes,multifamily and two-family residences and vacant residential lots and structures.The Central High School commemorative garden is located just east of the site.With proper attention given to screening and landscaping,the proposed parking lot should be 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 Central High Association are notified of this request. 3.ON SITE DRIVES AND PARKING: The proposed 231-space parking lot is accessed by a single driveway off of West 13'treet.The driveway will be gated to prohibit access to the lot outside of school activity hours.More than half of the site is currently developed as a paved parking lot for the school.That portion of the site will be resurfaced and striped. April 3,2003 ITEM NO.:15 Cont.FILE NO.:Z-7374 4.SCREENING AND BUFFERS: Perimeter screening is requested where adjacent to residential properties. Six (6)percent of the interior of the proposed vehicular use area is required to be landscaped with interior landscaping islands.This takes into account the reduction allowed within the designated mature area of the city. 5.PUBLIC WORKS COMMENTS: 1.Daisy L.Gatson Bates is classified on the Master Street Plan as a collector street.Extend street improvements in accordance with the Master Street Plan. 2.At other location,repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy.Curbing and sidewalks are in poor condition in many places.And need to be replaced. 3.Remove any existing un-used driveway aprons. 4.It would appear that the parking lot should take primary access the collector street (Daisy Bates)and not 13'treet. 5.The Dennison Street right-of-way should be retained as a drainage and utility easement. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Existing Sewer Mains on site.Easement must be retained. Any adjustments of existing sewer mains or manholes shall be at Developer's expense. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Central Arkansas Water has no existing or planned facilities located within these rights-of-way and has no objected to its closure and abandonment of easement rights. Fire Department:Place a pedestrian gate at the southwest corner for fire hose. C~IPI i:N C 2 April 3,2003 ITEM NO.:15 Cont.FILE NO.:Z-7374 CATA:Site is near bus route C3 but has no effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted additional information was needed regarding signage,site lighting,fencing material and vehicle gates.In response to staff questions,the applicant stated the parking lot would be used by students and access was placed on the 13'"Street side to help alleviate congestion along Daisy Bates Drive.Staff noted that the plan needed to be modified to eliminate the fencing and driveway in the alley behind Lot 2, Block 7 since that portion of alley was not proposed for abandonment.Staff advised the applicant to meet with the neighborhood association since the association had voiced objections to staff. Public Works and Landscape Comments were presented. There was a general discussion regarding the proposed closure of Dennison Street.Commissioner Faust expressed concern about breaking the grid pattern of streets in the area.She asked why so many parking spaces were proposed. The applicant responded that the school district was attempting to address the problem of congestion on the streets around the school.The applicant noted that over half of the area shown on the plan was already a parking lot;that area east of Dennison Street. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock School District proposes to develop a 231 space parking lot on R-3 and R-4 zoned properties located across Daisy Bates Drive,directly north of Central High School.The proposal includes the abandonment of the block of Dennison Street between 13'"and Daisy Bates and of portions of the two alleys located either side of that block of Dennison.The area of the abandoned rights- of-way will be incorporated into the new parking lot.The property east of Dennison is already developers as a paved parking lot for the school.That area will be resurfaced and striped to fit in with the parking lot expansion.Entrance to the parking lot will be via a gated driveway off of West 13 Street.Two pedestrian gates along Daisy Bates Drive provide access from the school.The parking lot will be fenced for security and screening.Along the western perimeter and along the eastern perimeter where the existing parking lot is 3 April 3,2003 ITEM NO.:15 Cont.FILE NO.:Z-7374 adjacent to a single family residence,the parking lot will be screened by a 6 foot tall,wood privacy fence.A 6 foot tall chainlink fence will be located along both street frontages and along the east perimeter where the site is adjacent to the park.No signage is proposed.There are three existing floodlights mounted on utility poles in the existing parking lot that provide security lighting.Two additional,similar lights will be installed on existing utility poles to provide lighting for the parking lot expansion area. Staff is supportive of the requested conditional use permit and right-of-way abandonment.As was mentioned previously,the largest portion of the subject property is currently developed as a parking lot.Parking also occurs along Dennison Street and on an unimproved vacant lot west of Dennison.There clearly is a shortage of parking around the school site,as evidenced by the large number of vehicles parked on area streets.Traffic along the streets around Central High,particularly Park and Daisy Bates,is impacted by vehicles parking on the streets.The problem is compounded by buses having to park on the street for loading/unloading.Staff initially felt that it would be best to have the entrance to the parking lot located on the Daisy Bates side.Staff has reviewed the issue with the District and now concurs that it would be better to have the entrance on West 13"Street,thus further lessening congestion along Daisy Bates. Dennison Street is not a through street.It ends at the north perimeter of the school and picks up south of the campus.North-south traffic currently uses other streets and should not be impacted greatly by the abandonment of this one block of Dennison Street.There is no physical alley located in the block east of Dennison.The alley west of Dennison will remain open from the Rice Street end to provide access to the remaining properties in that block.The area of the abandoned rights-of-way will be retained as utility and drainage easements. On March 19,2003,the applicant submitted a revised site plan and responses to issues raised at Subdivision Committee as outlined in the analysis above.To staff's knowledge,there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit and right-of- way abandonments subject to compliance with the following conditions: 1.Compliance with staff comments and conditions outlined in Sections 4,5 and 6 of this report. 2.Any new site lighting must be directed inward to the site so as to prohibit light spilling over onto adjacent properties. 3.The areas of the abandoned rights-of-way must be retained as utility and drainage easements. 4 April 3,2003 ITEM NO.:15 Cont.FILE NO.:Z-7374 PLANNING COMMISSION ACTION:(APRIL 3,2003) Ernest Peters,engineer;Doug Eaton,LRSD;and Nancy Rousseau,principal of Central High School were present representing the application.There were two objectors present.Staff presented the conditional use permit and right-of-way abandonment requests and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above. Doug Eaton addressed the Commission and stated there was a real need for additional parking at Central High School.He stated the school had 2,000 students (500 of whom arrive by bus),150 employees and only 400 on-site parking spaces.He stated the District had attempted to limit the number of students who drive to school and had surveyed the area immediately around the school to find the best location for additional parking.Mr.Eaton stated the District had studied the traffic pattern around the school and had concluded that this parking lot would empty in 30-40 minutes after school adjourns.He noted that the school served the entire City and there were not adequate public transportation options.Nancy Rousseau spoke of the historic value of the school.She also stated that the District had attempted to limit the number of students who drive to the campus.Ms.Rousseau stated there were limited alternatives to students driving to the school.She stated the District had worked with the Little Rock Police Department to address traffic concerns around the campus.Ms.Rousseau noted that some additional parking space would be made available once 13 portable classroom buildings were removed from the site.She surmised that the new parking lot would be a plus for the neighborhood;with appropriate landscaping,screening and security.Ms. Rousseau stated the parking lot would be available during summer months to be used by the neighborhood;perhaps as temporary basketball courts.She stated the lot would be cleaned on a regular basis and would be monitored by security personnel 24 hours a day,365 days a year. Ethel Ambrose,president of the Central High Neighborhood Association, addressed the Commission.She made reference to a letter that she had sent to the commissioners in which she outlined several concerns.Staff did not receive a copy of that letter.Ms.Ambrose stated the proposed parking lot was at odds with the neighborhood's long range plan.She urged the District to work with Central Arkansas Transit to device a better transportation plan to meet the school's needs. Larry Wright,of 2319 West 13'"Street,voiced concerns about traffic,speeding vehicles,crime around the campus and lowered property values. Ms.Ambrose interjected that there were "good things"going on in the neighborhood. 5 April 3,2003 ITEM NO.:15 Cont.FILE NO.:Z-7374 Doug Eaton responded that the Little Rock School District could not solve the City's public transportation problems.He stated the proposed improvements did fit the neighborhood plan and would help to alleviate traffic problems.Mr.Eaton stated there were no objectors from the immediate residents.He stated there was limited space on the campus itself and this site was the best choice for placement of a parking lot. Ms.Rousseau stated the District utilized 8 security guards and 2 reserve police officers for security of the campus and the parking lot.She stated the school would continue to work with the neighborhood. In response to questions from Commissioner Faust,Mr.Eaton stated the parking lot east of Dennison Street currently had 140-145 spaces,the resulting new parking lot would have 230 spaces and 140 spaces were located west of the gymnasium;a total of 370-375 spaces. Commissioner Faust stated that she recognized that Central High School was an anchor in the community but that she felt this proposal was not good for the neighborhood.She stated she was opposed to closing Dennison Street,that she felt the incursion of the institutional use further into a fragile neighborhood was inappropriate and all this was being done for a net gain of 90 parking spaces. Commissioner Rector stated this proposal was akin to an infill development.He stated it was absolutely essential that Central High School thrives.Mr.Rector stated he felt this parking lot would be better than what is currently on the site. Commissioner Floyd commented that it appeared too many students were driving to the school.He stated the problem would be exacerbated by making it easier for students to park. Commissioner Allen stated parking was a problem when he was a student at Central.He stated this proposal was treating the symptoms,not the disease. Commissioner Lowry commented that enhanced public transportation would be a better solution but that it was not possible at this time. A motion was made to approve the conditional use permit and right-of-way abandonment applications subject to compliance with staff comments and conditions.The motion was approved by a vote of 7 ayes,1 noe and 3 absent. 6 April 3,2003 ITEM NO.:16 FILE NO.:Z-7375 NAME:Splash Car Wash —Conditional Use Permit LOCATION:7100 Cantrell Road OWNER/APPLICANT:S.Gene Cauley/Splash Car Wash PROPOSAL:A conditional use permit is requested to allow for construction of a single-tunnel,automatic car wash on this C-3 zoned property. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located on the north side of Cantrell Road,at Kentucky Street. 2.COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of fairly intense commercial uses along Cantrell Road.Use of the property as a single-bay automatic car wash is compatible with uses and zoning in the area.The uses include a variety of retail business and several auto related uses,including an auto repair business and convenience stores with gas pumps and an auto sales business.The nature of development along Cantrell does not lend itself to pedestrian oriented businesses and the car wash seems an appropriate use. All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Meriwether Neighborhood Associations were notified of this request. 3.ON SITE DRIVES AND PARKING: The site is accessed by a one-way driveway off of Cantrell Road.A single lane goes through the car wash and a bypass lane circles around the building.After either going through the wash or circling around the building,customers exit the site by a one-way driveway back onto Cantrell Road.There is one parking space located in front of the dumpster for use by a technician servicing the facility. April 3,2003 ITEM NO.:16 Cont.FILE NO.:Z-7375 4.SCREENING AND BUFFERS: Areas set aside for buffers and landscaping meet with ordinance requirements. 5.PUBLIC WORKS COMMENTS: 1.Cantrell Road is classified on the Master Street Plan as a principal arterial.Dedication of right-of-way to 45 feet from centerline in this mature area of development will be required. 2.The proposed land use would classify Kentucky Street on the Master Street Plan as a minor commercial street.Dedicate right-of-way to 25 feet from centerline. 3.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.Improvements may qualify for a contribution in-lieu of construction. 4.Service trucks and customers that do not proceed through the car wash would have to back out onto Highway 10 to exit,presenting a traffic hazard. 6.UTILITY FIRE DEPT.AND CATA COMMENTS: Wastewater:Existing sewer main located under proposed retaining wall. Relocation of sewer main required prior to construction.Contact Little Rock Wastewater Utility for details. Entergy:Approved as submitted. Reliant:No Comments received. Southwestern Bell:Approved as submitted. Water:Existing water facilities in this area need to be located to determine whether conflicts will be a problem.If there are facilities that need to be adjusted and/or relocated,contact Central Arkansas Water.That work would be done at the expense of the developer. Contact Central Arkansas Water if additional and/or larger meter(s)are required.Installation of an RPZ backflow preventer before the first outlet will be required. Fire Department:Approved as submitted. ~NPI:N P 2 April 3,2003 ITEM NO.:16 Cont.FILE NO.:Z-7375 CATA:Site is not located on a dedicated bus route and has no effect on bus radius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 13,2003) The applicant was present.Staff presented the item and noted that additional information was needed regarding building design,signage,employees,site lighting,dumpster screening and fencing.Staff was informed that the order station was located under the building's eave,at the entrance to the tunnel.Staff noted variances would be needed for the proposed building setback.Staff voiced concern about the impact on traffic on Cantrell Road.Staff noted that there would be limited stacking space and no way to exit the site other than for going through the car wash or backing onto Cantrell Road.The applicant stated that there should be adequate stacking space.He also suggested that a driveway could be installed to provide access around the car wash for those persons who do not use the car wash. Public Works Comments were presented.It was suggested that a deferral or waiver of the required Kentucky Street improvements might be appropriate. Landscape Comments were noted. The applicant was advised to respond to staff issues no later than noon, Wednesday March 19,2003.The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Splash Car Wash proposes to construct a single-bay,automatic car wash on the C-3 zoned property at 7100 Cantrell Road.A one-way driveway enters the site east of the building and exits on the west.A driveway wraps around the building, providing a way for vehicles to exit the site without having to drive through the wash.The building is 22'3"in height and will be constructed of concrete block and glazed block with a veneer of EIFS and simulated stone.The roof will have a 7/12 pitch with simulated slate shingles.Signage consists of a single ground- mounted sign meeting commercial standards (36'n height and 160 square feet in area)and a wall sign on the east wall of the building.Lettering on the pavement and directional signs should be used to clearly identify the driveways as one-way.No vacuum islands are proposed.Once the right-of-way for Cantrell Road is dedicated,the building will have a setback of 5 feet from the front property line;although the setback from the curb of the road is actually 30m feet. 3 April 3,2003 ITEM NO.:16 Cont.FILE NO.:Z-7375 Staff is supportive of the requested conditional use permit.The proposed use is compatible with uses and zoning in the area.The site is very small and would be very difficult to develop as any other commercial use that would require on-site parking.The applicant has done a good job of addressing site plan related issues.Staff's primary issue of concern was the need to provide better circulation on the site to prohibit vehicles from backing into Cantrell Road.The applicant has addressed the concern by providing a bypass lane around the building. The applicant is requesting a waiver of the requirement to dedicate right-of-way for Kentucky Street and to have to build the street.Staff supports this waiver. Staff had previously supported a request to abandon that right-of-way.Staff's support for this conditional use permit is contingent upon the right-of-way and street improvement waiver being granted.If not,the affect on the site plan is such that the issue would need to be reconsidered by the Commission. On March 19,2003,the applicant submitted a revised site plan and responses to issues raised by staff at Subdivision Committee.To staff's knowledge,there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1.Compliance with staff comments and conditions outlined in Sections 4,5 and 6 of this report. 2.Directional signs must be installed at each driveway and lettering and arrows painted on each driveway clearly indicating one-way entrance and exit. 3.Site lighting must be low-level and directional,aimed inward to the site. 4.Signage is to be limited to one ground-mounted sign meeting commercial standards (36 feet in height and 160 square feet in area)and wall signage on the east wall of the building not to exceed 10%of that facade. 5.If the right-of-way dedication and street improvement variances are not approved for Kentucky Street,the issue must return to the Planning Commission for reconsideration. Staff recommends approval of the requested waivers from the requirement to dedicate right-of-way for Kentucky Street and to construct Master Street Plan street improvements to Kentucky Street.Staff recommends approval of the variance to allow a front yard setback of 5 feet once right-of-way has been dedicated for Cantrell Road. 4 April 3,2003 ITEM NO.:16 Cont.FILE NO.:Z-7375 PLANNING COMMISSION ACTION:(APRIL 3,2003) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above.Staff also recommended approval of the right-of-way and boundary street waivers and of the setback variance.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 8 ayes,0 noes and 3 absent. 5 April 3,2003 ITEM NO.:17 FILE NO.:Z-2790-A Owner:Dr.Alonzo Williams Applicant:The Mehlburger Firm (Frank Riggins) Location:9100 Block of Kanis Road (south side) Area:3.281 acres Request:To rezone from C-3 to 0-3 Purpose:Medical office building Existing Use:Undeveloped SURROUNDING LAND USE AND ZONING North —Office uses (across Kanis Road);zoned 0-3 South —Undeveloped;zoned C-3 and 0-3 East —Office and Commercial uses (and fire station);zoned C-3 West —Apartment complex;zoned MF-18 A.PUBLIC WORKS COMMENTS: No comments on proposed rezoning.All issues were addressed in building permit review. B.PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA's Bus Route ¹3,the Baptist Medical Center Route. April 3,2003 ITEM NO.:17 Cont.FILE NO.:Z-2790-A C.PUBLIC NOTIFICATION: All property owners within 200 feet of the site,all residents within 300 feet who could be identified,and the John Barrow,Brownwood Terrace,Twin Lakes "A",Twin Lakes "B"Special Improvement District and Twin Lakes "B"Neighborhood Associations were notified of the proposed rezoning. D.LAND USE ELEMENT: This request is located in the l-430 Planning District.The Land Use Plan shows Mixed Office Commercial for this property.The applicant has applied for a zoning change to 0-3 General Office for a new office development. The request does not require a change to the Land Use Plan. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Area Plan.Chapter 3,Market Summary and Analysis, contains a list of Recommendations for Action,which recommends encouragement of additional medical office development in the Baptist Medical Center area and along Kanis and John Barrow Roads to the north of Parkview High School. E.STAFF ANALYSIS: The property owner,Dr.Alonzo Williams,of the 3.281 acre tract within the 9100 Block of Kanis Road (south side)is requesting to rezone the property from "C-3"General Commercial District to "0-3"General Office District.The owner is proposing to construct a four-story medical office building on the property.The 0-3 zoning district allows a maximum height of 45 feet (60 feet with additional building setbacks)as opposed to the 35 foot maximum height as allowed in C-3 zoning. The 3.281 acre tract is currently undeveloped and wooded,with varying degrees of slope.There is an apartment complex on the property to the west,with various uses (zoned C-3)to the east along the south side of Kanis Road.There is undeveloped C-3 and 0-3 property located to the south.Various medical office buildings as well as undeveloped 0-3 zoned property is located across Kanis Road to the north. 2 April 3,2003 ITEM NO.:17 Cont.FILE NO.:Z-2790-A The City's Future Land Use Plan designates this property as Mixed Office Commercial.The proposed 0-3 zoning does not require a change to the Plan. Staff is supportive of the requested down-zoning to 0-3.Staff feels that 0-3 zoning is appropriate for this location.Other medical-type office buildings exist to the east and north,with the Baptist Medical Center campus located to the northwest.The proposed 0-3 zoning should have no adverse impact on the adjacent properties or general area. F.STAFF RECOMMENDATION: Staff recommends approval of the requested 0-3 zoning. PLANNING COMMISSION ACTION:(APRIL 3,2003) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff.A motion to that effect was made.The motion passed by a vote of 8 ayes,0 nays and 3 absent.The application was approved. 3 April 3,2003 ITEM NO.:18 FILE NO.:LU03-02-01 Name:Land Use Plan Amendment —Rodney Parham Planning District Location:Various throughout district Reteuest:Single Family,Low Density Residential,Multifamily and Office to Single Family,Low Density Residential,Multifamily,Public Institutional and Open Space Source:City Staff and Neighborhood Planning Group PROPOSAL /REQUEST: Land Use Plan Amendment in the Rodney Parham Planning District from Single Family,Low Density Residential,Multifamily and Office to Single Family,Low Density Residential,Multifamily,Public Institutional and Open Space.The package of changes is designed to more accurately reflect the current use, zoning and likely future of the areas in question. EXISTING LAND USE AND ZONING: The northern area of changes (Hinson to Rainwood,Napa Valley to Hinson Loop)is zoned and used as follows.The northern half of the area is zoned office,02 'Office and Institutional'r 03 'General Office'.At the southeast corner of Hinson and Napa Valley is a large area of land owned by a Church and used for church related functions —family life center,administration services area,parking.A Public Library is also located in this area.All these uses are Public Institutional in nature.The church's use continues south along Napa Valley on land zoned R2 'Single Family',to Rainwood. Adjacent to this church property,to the east on Rainwood is a small single-family development of approximately 50 homes.The zoning is PRD 'Planned Residential Development'.The final change area is at the southwest corner of Hinson and Hinson Loop.This land is zoned 03,'General Office'ith a conditional use permit to allow for apartments.The current use is an apartment complex. To the north across Hinson Road from the changes is a single-family area built around a golf course,zoned R2 'Single Family'.West of Napa Valley Road the land is zoned R2 'Single Family'ith conditional use permits for churches. There are two large churches located on this land.South of Rainwood is zoned R2 'Single Family'nd the use is single family.While to the east and southeast the land is zoned R5 'Urban Residence'nd the use is apartment complexes. The southern area of changes is located along Mara Lynn from Bowman Road to Interstate 430.The area of change south of Mara Lynn is currently zoned MF24 multifamily (24 units per acre).There are several apartment complexes located April 3,2003 ITEM NO.:18 Cont.FILE NO.:LU03-02-01 on this land.North of Mara Lynn along Nan and Mimi,is an area of single-family homes and duplexes with a couple of larger (more units)structures.The area is zoned R2 'Single Family'long Nan and a small portion of Mimi.Most of Mimi is zoned R4 'Two Family Residential'nd has duplexes.Two lots at Mara Lynn and Mimi are zoned R5 'Urban Residential'nd have structures with more than two units.The final change area is between Shackleford Road and Interstate 430 northeast of Mara Lynn.This area is zoned R2 'Single Family'ith a conditional use permit for a church.The existing use is a large church. South of the requested changes is general zoned C3 'General Commercial',with various shopping centers and retail uses from restaurants to gift shops to service stations.To the northwest is generally zoned multifamily —R5 'Urban Residence',R6 'High-rise Apartment',and MF24 multifamily (24 units per acre). There are several apartment and condominium developments in the area.In addition there is a single-family neighborhood zoned PRD 'Planned Residential Development'.North of the areas proposed for change is generally zoned R2 'Single Family'ith a single-family neighborhood in existence.East of the changes is Interstate 430 and beyond that is an area of offices and motels, zoned 03 'General Office',PCD 'Planned Commercial Development'nd C3 'General Commercial'. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: December 12,2000,Several changes were approved along Markham east of Interstate 430,approximately a mile from the closest proposed change,to more accurately reflect the existing use,zoning and likely future use of the area.For churches,at Wedgwood and Markham 'Single Family'o 'Public Institutional'nd at Ellis and Markham from 'Suburban Office'o 'Public Institutional'.An area was changed to 'Low Density Residential'rom 'Single Family'nd 'Multifamily'long Nebling Road. October 20,1998,two changes in the Natural Resources Drive area across Interstate 430 from the closest proposed change.Along the eastside of Natural Resources Drive from 'Single Family'o 'Suburban Office'nd the second change is from 'Suburban Office'o 'Commercial'long Markham Center Drive west of Natural Resources Drive.These changes were to more accurately reflect the current land use,zoning and likely future use of the area. March 4,1997,a change along Hinson Loop Road north of Rainwood,just west of the northern proposed changes.This change was to more accurately reflect the existing use and likely future use of the area and was from 'Multifamily'o 'Mixed Office Commercial'. For the northern area the Plan shows 'Single Family'se to the north and south of the proposed changes.To the West is an area of 'Public Institutional'ith single family further to the west.East of the change area is shown for 'Multifamily'ith 'Commercial'urther to the east. 2 April 3,2003 ITEM NO.:18 Cont.FILE NO.:LU03-02-01 For the southern area the Plan shows 'Single Family'o the north.To the south is shown for 'Commercial'nd 'Community Shopping'.West of the area of change is generally shown for 'Multifamily',while east (across Interstate 430)is shown from 'Office','Suburban Office'nd 'Commercial'. MASTER STREET PLAN: The Master Street Plan shows both Napa Valley and Hinson Roads as Minor Arterials.Hinson Road is built to standard,however a portion of Napa Valley along this application is currently not to standard.Hinson Loop and Rainwood Roads are both shown as Collectors by the Master Street Plan.Both of these roads have selections,which are not to standard. In the southern amendment area Bowman and Shackleford Roads are both shown as Minor Arterials and are built to standard.Mara Lynn,Green Mountain and Shackleford north of Mara Lynn are shown as Collectors.All are built to standard,except for a small section of Mara Lynn. The Master Street Plan does not show any Bike lanes or ways close to the proposed changes.Therefore,there are not Bike issues with this application. PARKS: The Parks and Recreation Master Plan shows one existing park near-by,the Birchwood Neighborhood Park.It also proposes a 'trail'long Napa Valley to Hinson and then west along Hinson Road.The eight-block concept of the Plan uses Terry Elementary School to help service this area.In addition there are church related recreational facilities along both Napa Valley and Hinson Roads and a Property Owners Park on north Shackleford Road.The Plan does indicate that there is a small area,which does not meet the eight-block proposal use to the east of the northern area of proposed changes. HISTORIC DISTRICTS: There are no historic districts in or near the areas requested for amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The City has recently approved a neighborhood plan for this area,the Birchwood-Walnut Valley Neighborhoods Plan.The Plan does not have any goals,which directly address issues related to the requested changes. 3 April 3,2003 ITEM NO.:18 Cont.FILE NO.:LU03-02-01 ANALYSIS: The package of changes was developed as a result of a Land Use Plan review of the area.This review was designed to find both existing problems in the Plan and work with neighborhoods to assure the new neighborhood plan's recommendations are consistent with the Land Use Plan. There are two areas of change,both with multiple changes.The northern area is proposed to more accurately reflect the actual uses,zoning and likely future use of the land.Over time Fellowship Bible Church has acquired land around the southeast corner of Hinson and Napa Valley Roads,across from their church. This land has been developed as their family life center,administration services area and parking.In addition to this,a public library has been built in this area. It would be more accurate to show this area as 'Public Institutional'ather than either 'Office'r 'Multifamily's it is currently shown on the Plan. The second change in the northern area is for the Rainwood Cove single-family homes on Rainwood.This area is currently shown as 'Multifamily',but 50 single- family homes on 10 acres (5 units/acre)exist under a 'Planned Residential Development'.The third change is to show the Arbor Apartment Complex as 'Multifamily'ather than 'Office't the southwest corner of Hinson Road and Hinson Loop.All of these changes are designed to more accurately represent the area. In the southern area,again there are three areas of change.The first is south of Mara Lynn,west of the Beverly Hills Subdivision.This is an area of apartments, which is shown on the Plan as either 'Single Family'r 'Low Density Residential'. The zoning is MF24 (24 units per acre).The area is fully developed with apartments.To make the Plan more representative of the current and likely future use pattern 'Multifamily'ould appear to be more realistic.The second area is just north and east of the first and is along Nan and Mimi.Nan is currently zoned single-family and used for single-family homes.Mimi is generally a mix of single-family and duplexes (both use and zoning).The 'Low Density Residential'esignation is more representative of the current and likely future use pattern than is multifamily.The final change area is between Shackleford Road and Interstate 430 northeast of Mara Lynn.This is a piece of land currently under development for a large church.A change to 'Public Institutional'rom 'Single Family'etter represents the future use of this land. All the changes presented are designed to make the City Land Use Plan more realistic and a better tool for both staff and citizens to use when making their future decisions.These changes would bring the Plan more in-line with the use pattern in the area,both today and in the future. 4 April 3,2003 ITEM NO.:18 Cont.FILE NO.:LU03-02-01 In the last week of January approximately one hundred letters were mailed to property owners within the Plan change areas.The owners were asked to contact the City with either their support or opposition by Friday,February 21, 2003.Numerous property owners called to clarify exactly what was being proposed.One property owner supported the changes for their land but opposed other changes proposed nearby.Only two property owners expressed opposition for their property.One was for a single-family owner in the Rainwood Cove Subdivision who wished that the Plan would continue to show multifamily. The second was a single-family homeowner on Nan Circle who opposed changing the plan to Low Density Residential (from Multifamily). NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Beverly Hills, Birchwood,Rainwood Cove,Walnut Valley,and Woodland Hills/Aspen.Staff has received less than 20 comments from area residents.10 are in support, 2 are opposed to the change and 5 were neutral. STAFF RECOMMENDATIONS: Staff believes the changes are appropriate. PLANNING COMMISSION ACTION:(APRIL 3,2003) This item was placed on the Consent Agenda for approval.Staff informed the Commission there had been four calls of opposition to some of the changes around Mara Lynn.The Consent Agenda was approved by a vote of 8 for, 0 against and 3 absent. 5 April 3,2003 ITEM NO.:19 ~Sub ect:Public Hearing for adoption of the 2002 —2003 Zoning —Subdivision Ordinance Amendments ~Re ueet:That the Planning Commission receive comments from interested parties, report from the Plans Committee and adopt the 2002-2003 Zoning— Subdivision Ordinance Amendment Package ~Hietor:Throughout late 2001 and into 2002,the Planning Staff began compiling a list of issues for the Planning Commission to consider as part of an Ordinance Amendment package.On November 14,2002,the Commission accepted the list and forwarded it to the Plans Committee for review.The Committee reviewed the various issues at several meetings in late 2002 and early 2003.During the course of the Committee review process,the list of proposed amendments was expanded by four (4) items.Two (2)of those added items are viewed as "clean-upe matters; correcting a typographical error and an incorrect title.Two (2)additional new items were generated by the Board of Directors in response to citizen concerns regarding accessory dwellings and accessory buildings. An Ordinance Amendment contact list of some 601 persons/organizations was sent a copy of the proposed amendment package and asked to submit comments to staff.Two (2)individuals responded and their comments were considered by the Committee.Those same persons/organizations will be notified of the Commission meeting dates and asked again to submit any comments. An attached discussion outline,briefly identifies each change within the ordinance text. PLANNING COMMISSION ACTION:(MARCH 20,2003) Staff presented the item.There was no discussion.The item was placed on the Consent Agenda and approved by a vote of 9 ayes,0 noes and 2 absent;setting the date of public hearing as April 3,2003. PLANNING COMMISSION ACTION:(APRIL 3,2003) Staff presented the item.There were no questions.The item was placed on the Consent Agenda and approved by a vote of 8 ayes,0 noes and 3 absent. ORDINANCE AMENDMENT Discussion Guideline ~SI I I"CU il'g il I ' b ki clear that such permits are not transferable from owner to owner, location to location or use to use. ~gb I bA"I -p"«bghbkf pf igi I h office and institutional zones. ~gb I A*'-" I f f Ci 27,Little Rock Sign Ordinance. f b regarding lot width-to-depth ratio. ~gb I Rl k I pl dig dbildigi ih I I ihi (Q and (g)the UU,Urban Use District and clarifies the allowable height of buildings constructed within the "high-rise"district of the UU zoned portion of downtown. ~bi h I CU I h Il bh k ' h fti a~phd i and industrial districts by relocating the regulations pertaining to incidental signs. gobi 'l I Ch I I I h UU.U b U regarding signage that projects over the public right-of-way. gobi k blih I d d d'I I I h "C-I"U Commercial District as conditional uses in the "C-4"Open Display Commercial District. ~gb I CI ti h I khU.b regulations is required in relation to redevelopment of an existing building. ~gb I I g b if f igif I I I if at the time of preliminary plat filing. Page l ~Sb I I h b I I f id "N «'I i f at the time of site plan submittal. ~bb 'I«2 I I 3 h d d33 d establishes criteria for such. ~Sb I 2 d Ii I I ]f „I„ I''I I d or drive in a parking structure to be eight (8)feet six (6)inches in width. ~db I bi hdi f ddb-I d- mounted signage. dd«l -id'I ««I d one of the dwelling units when an accessory dwelling is approved; same as in R-2. ~bi Ci iti,b '.h I h 'ii designed and constructed for the purpose of serving as an accessory building shall meet the definition of an accessory building. ~db C h I fhd«h authority and responsibility. Page 2 a:03ordin.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARIA&I SAS PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES,DEFINITIONS,LAND USE REGULATIONS AND FOR OTHER PURPOSES. WHEREAS,it has been determined by the Little Rock Planning Commission that an annual review of these chapters is appropriate;and WHEREAS,the Planning Commission has determined several modifications are appropriate at this time. NOW,THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,ARIG&lSAS. SECTION 1.That various provisions of Chapters 31.and 36.be amended as follows: Subsection (a).That Chapter 36.,Section 36-54.(e)(2)e be deleted in its entirety and the remaining elements within that subsection be serially restructured accordingly. Subsection (b).That Chapter 36.,Section 36-553.(b)be deleted in its entirety and replaced with new text to read as follows: (b)All freestanding,projecting,and under-canopy signs shall have a minimum setback of five (5)feet from any property line and vehicular public right-of-way,measured from the closest edge of the sign,and a minimum clearance of thirteen (13)feet over any vehicular use area and nine (9)feet over any pedestrian use area.Illumination is allowed but not greater than two hundred (200)footlamberts of luminance. Subsection (c).That Chapter 36.,Section 36-346.(f)be amended to correct an incorrect reference and to then read as follows: (f)Signage.Signage shall comply with the provisions of Article X.of this Chapter,except as follows: Subsection (d).That Chapter 31.,Section 31-232.(b)be amended to correct an incorrect reference and to then read as follows: (b)No residential lot shall be more than three (3)times as deep as it is wide, except lots approved under paragraph(g)of this section.No lot except lots designated for townhouse use shall average less than one hundred (100)feet in depth.Lot width shall be measured at the building line except in the case of lots abutting culs-de-sac where the average width of the lot shall be used. Subsection (e).That Chapter 36.,Section 36-342.1.(c)(S)be amended to delete the last paragraph with the resulting text being as follows: (8)Street-level floor.The ground-level (street fronting)floor of nonresidential structures shall have a minimum surface area of sixty (60)percent transparent or window display. Subsection (f).That Chapter 36.,Section 36-342.1(c)(11)be amended to correct punctuation and to add a new sentence with the resulting text to read as follows: (11)Signs.Off-premises,pole and monument signs are not allowed;otherwise, permitted signs shall be as in section 36-553,signs permitted in institutional and office zones,of this chapter.On the street level,the maximum area of signage may be doubled if at least 50 percent of the street-level office and retail space has direct access to the street. Subsection (g).That Chapter 36.,Section 36-342.1(e)be deleted in its entirety and replaced with new text to read as follows: (e)Height regulations.No building hereafter erected or structurally altered shall exceed a height of five (5)stories or seventy-five (75)feet,whichever is less,Developments which provide a minimum twenty (20)percent of the gross floor area for residential uses are entitled to add two (2)stories to the structure. Any structure which is certified by CATA (Central Arkansas Transit Authority) as providing a portion of the structure for mass transit (such as a bus stop,etc.)is entitled to one (1)bonus floor.If at least 50 percent of the street-level office and retail space has direct access to the street,the total building square footage may be increased with additional floor(s)at a rate of 2 square feet for each one square foot of leasable space directly accessible to the street.All building height bonuses in this section are cumulative not to exceed fifteen (15)stories or two hundred twenty-five (225)feet. For those structures within the area described as,2"Street south to 9 Street and Scott Street west to Broadway,the maximum allowable structural height shall be governed by the "Adams Field Airport Zoning Ordinance"(Little Rock Code of Ordinances 7-57 [section 7-51 et seq.]). Subsection (h).That Chapter 36.,Sections 36-553.(a)(2)c.;36-554.(a)(2)d.;and 36- 555.(a)(2)d.be deleted in their entirety. Subsection (i).That Chapter 36.,Section 36-557.be amended to provide for a new subsection (e)to read as follows: (e)Within the institutional and office,commercial and industrial districts, each premises may utilize incidental signs not to exceed twenty (20)square feet in aggregate sign area per occupancy. Subsection (j).That Chapter 36.,Section 36-342.1.(c)(9)a.be amended to provide for the addition of new text and to then read as follows: a.Objects shall not project from the building facade over the public right-of-way except for awnings,balconies and signs as specified in Section 36-553. Subsection (k).That Chapter 36.,Section 36-302.(c)(2)be amended to provide for the insertion of a new conditional use to be item h.and the serial restructuring of items h.through l. accordingly.The new use to read: 2 h.Other permitted and conditional uses in the C-3 district not otherwise permitted in the C-4 district. Subsection (I).That Chapter 36.,Section 36-342.1(b)be amended to provide for the insertion of new text within the first paragraph of that section.The first paragraph of that section to then read: (b)Application of regulations.The regulations of this district shall apply to new development,redevelopment exceeding fifty (50)percent of the structure's current replacement value,and expansion of existing development or exterior modifications.Routine repairs and maintenance shall not require compliance with this section. Subsection (m).That Chapter 31.,Section 31-89.be amended to provide for the addition of new text within the first paragraph of that section.The first paragraph of that section to then read: A preliminary plat shall be submitted in the number of copies as established by the planning commission,It shall be clearly and legibly drawn and shall be submitted on white paper no larger than twenty-four (24)inches by thirty-six (36)inches.Extra large plats may be submitted on more than one (1)conforming sheet.Plat scale shall be one (1)inch equals fifty (50)feet for plats up to and including ten (10)acres and one (1)inch equals one hundred (100)feet for plats larger than ten (10)acres,except where a smaller scale may be deemed appropriate by the staff.The preliminary plat shall be identified by the name of the subdivision,and shall include all information listed below.The preliminary plat shall also be submitted in an electronic format compatible with equipment in the Planning and Development Department of the City of Little Rock.Data shall be in CAD compatible .DXF or .DWG (compatible with software available in the Planning and Development Department of the City of Little Rock)format containing the information listed below. Subsection (n).That Chapter 36.,Section 36-130.(b)(1)be amended to provide for the addition of new text and to read as follows: (1)A site plan to be submitted on white paper no larger than twenty-four (24)inches by thirty-six (36)inches,and no smaller than eleven (11)inches by seventeen (17) inches,and including all information listed below. A site plan shall also be submitted in an electronic format compatible with equipment in the Planning and Development Department of the City of Little Rock.The data shall be in CAD compatible .DXF or .DWG (compatible with software available in the Planning and Development Department of the City of Little Rock)format containing all information listed below in separate layers. Subsection (o).That Chapter 36.,Section 36-298.be amended to provide for the addition of a new subsection (8)to read as follows: (8)Eating places (inside,with drive-in service and without drive-in service) shall be permitted to have an area of outdoor dining subject to compliance with the following provisions: a.The area of outdoor dining shall not be located in the public right-of-way nor shall it obstruct pedestrian movement,fire lanes,access to any business or areas designated for access by the physically impaired. 3 b.The number of seats in the area of outdoor dining shall not exceed fifty (50) percent of the number of seats within the eating place. c.On-site parking shall be provided for the area of outdoor dining based on the parking space per square foot requirement for restaurants established in Section 36-502. d.Compliance with applicable state and county health regulations. e.The area of outdoor dining shall not be located between the building occupied by the eating place and adjacent residentially zoned or used properties. f.This subsection shall not be deemed to permit signage or structural alterations such as canopies or walls regulated elsewhere in this chapter. Subsection (p).That Chapter 31.,Section 31-94(e)be deleted in its entirety and replaced with new text to read as follows: (e)A preliminary plat approved by the planning commission shall be effective and binding upon the commission for two (2)years from the date of approval or as long as work is actively progressing,at the end of which time the final plat application for the subdivision must have been submitted to the planning staff.Any plat not receiving final approval within the period of time set forth herein or otherwise conforming to the requirements of this chapter shall be null and void,and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and this chapter. The planning commission may extend the original preliminary approval,for a period not to exceed one (1)additional year,when it can be demonstrated that there are no changes in the plat design or neighborhood that warrant a complete review. Subsection (q).That Chapter 36.,Section 36-511(a)be amended to correct a typographical error and to provide for the addition of new text.The section to then read: Section 36-511.Parking design. (a)The following four (4)parking angles are allowed with their respective width and depth dimensions for stalls and maneuvering areas: 8'idth Depth Maneuvering {'feet)(feet)Area Type (feet) Parallel 22 9 11 Right Angle 9 20 20 Sixty-degree angle 9 18 18 Forty-five degree angle 9 18 12 For purposes of compact-car space design,the width of spaces may be reduced to eight (8)feet six (6)inches.This design dimension modification is permitted in those instances where a parking lot will consist of a minimum of fifty (50)parking spaces upon 4 completion of the design whether located within a parking structure or an open parking surface.The maximum number of compact spaces permitted in any parking lot shall be limited to twenty (20)percent of the total spaces.Spaces shall be measured between centerlines of painted stripes.These spaces shall be properly signed or marked as compact-car use only.These dimensions are specifically prohibited for use in handicapped or loading-zone areas. Within parking structures,compact spaces shall be permitted for all 45'nd 60'ngle parking spaces located on a one-way aisle or drive.All other parking spaces shall have a width of nine (9)feet. Subsection (r).That Chapter 36.,Section 36-557.be amended to provide for the addition of a new subsection (e)to read as follows: (e)All on-premises ground-mounted signs shall have located on the face of the sign,in characters no less than six (6)inches in height,the street address number of the business identified by the sign.In the case of a double-faced ground-mounted sign,the street address number shall be located on each face of the sign. Subsection (s).That Chapter 36.,Section 36-252.(3)be amended to provide for the addition of new text and to then read as follows: (3)In the R-2 and R-3 districts,one (1)of the dwelling units must be occupied by the landowner. Subsection (t).That Chapter 36.,Section 36-5.be amended to provide for the addition of new subsection (13)to read as follows: (13)An accessory building shall be a constructed edifice designed to stand alone, or more or less permanently.Only those buildings specifically designed and constructed for the purpose of serving as an accessory building shall meet the definition of an accessory building.The mere use of items such as cargo containers,truck boxes or trailers,train cars or cabooses,mobile homes,manufactured homes or recreational vehicles or trailers without appropriate modifications required by City staff,for example to make them compatible with other accessory buildings in the surrounding neighborhood,shall not be deemed appropriate to serve as an accessory building. Subsection (u).That the title of Section 36-53.be amended to read as follows: Sec.36-53,General function of the Department of Planning and Development SECTION 2.Severability.In the event any title,section,paragraph,item,sentence,clause, phrase,or word of this ordinance is declared or adjudged to be invalid or unconstitutional,such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 3.Repealer.All laws,ordinances,resolutions,or parts of the same,that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 5 SECTION 4.That this ordinance shall take effect thirty (30)days from and after its passage. PASSED: ATTEST:APPROVED: City Clerk Mayor 6 April 3,2003 ITEM NO.:20 ISSUE:Proposed Planned Zoning District Ordinance Amendment SOURCE:Board of Directors/Staff STAFF REPORT: In response to concerns raised by the Board of Directors,staff conducted a review of the Planned Zoning District provisions of the code related to cause for revocation and implementation of the final development plan.Staff's goal,at the Board's direction,was to "tighten-up"the entire procedure regarding those two elements of the process.Staff feels the proposed changes will be of benefit in enforcing the implementation and possible revocation of Planned Zoning District developments that fail to adhere to the specific conditions,phasing plans and development schedules called for in the Code or approved by the Commission and Board. The Plans Committee reviewed the proposed draft which was then sent to the Ordinance contact list of 601 persons/organizations.No further comments were received by staff. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance Amendments. PLANNING COMMISSION ACTION:(APRIL 3,2003) Staff presented the item.There were no questions.The item was placed on the Consent Agenda and approved by a vote of 8 ayes,0 noes and 3 absent. 1 ORDINANCE NO. 2 3 AN ORDINANCE AMENDING ARTICLE VII CHAPTER 36 OF 4 LITTLE ROCK,ARK.REV.CODE (1988)PROVIDING CHANGES IN 5 THE REGULATIONS REGARDING PLANNED ZONING DISTRICTS 6 IN THE CITY,AND FOR OTHER PURPOSES. 7 8 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS 9 OF THE CITY OF LITTLE ROCK,ARKANSAS: 10 Section 1.LRC $36-458 entitled "Revocation"shall be revoked in its entirety 11 and the following language shall be substituted therefore: 12 a.Causes for revocation as enforcement action.The planning commission 13 may recommend to the board of directors that any PUD or PD approval 14 be revoked and all building permits or certificates of occupancy be 15 voided under any of the following circumstances: 16 1.The applicant has not submitted a final development plan to the 17 staff as provided in this article.Where a staged development plan is 18 approved the board of directors may revoke the entire preliminary plan 19 or may revoke only that stage on which a final plan has not been 20 submitted and approved. 21 2.Construction has not commenced within the time allowed. 22 3.The applicant has not adhered to the development schedule as 23 stated in the approved preliminary plan. 24 4.The construction and provision of landscaping,buffers,open 25 space,and public streets and facilities which are shown on the final plan P://ORD.RES/LRC/Ordinance to amend chapter 36 [PAGE 1 QF 6] 1 are proceeding at a substantially slower rate than other project 2 components. 3 5.The applicant has failed to implement any material element 4 of the plan within a reasonable time as determined by the planning 5 commission. 6 From time to time the planning commission may compare the 7 actual development accomplished with the approved development 8 schedule.If the planning commission finds that the rate of construction 9 of residential units or commercial or industrial structures is substantially 10 greater than the rate at which the approved landscaping,buffers,open 11 space,public streets and facilities have been completed,the planning 12 commission may recommend that the board of directors initiate 13 revocation or cease to approve any additional plans.The city may also 14 issue a stop work order or discontinue or revoke issuance of building 15 permits or certificates of occupancy. 16 (b)Procedures.Prior to a recommendation of revocation,notice 17 by certified mail shall be sent to the owner or authorized agent giving 18 notice of the alleged default,setting a time to appear before the planning 19 commission to show cause why steps should not be made to totally or 20 partially revoke the PUD or PD.The planning commission 21 recommendation shall be forwarded to the board of directors for 22 disposition as in original approvals.In the event a PUD or PD is revoked, 23 the board of directors shall take the appropriate action to prohibit any 24 further development,and shall file for record such action in the office of 25 the city clerk and the public zoning record shall be duly noted. P://ORD.RES/LRC/Ordinance to amend chapter 36 [PAGE 2 QF 6] 1 (c)Effect.In the event of revocation,any completed portion of the 2 development or those portions for which building permits have been 3 issued shall be treated as a whole and effective development.After 4 causes for revocation or enforcement have been corrected,the board of 5 directors shall expunge such records as established above,and the 6 planning commission shall resume approval of the final development 7 plan,and shall authorize continued issuance of building permits. 8 Section 2.LRC g 36-453 (d)entitled "Staging"is amended only by 9 changing the third sentence of the second paragraph to read: 10 The planning commission may grant a maximum of one two (2)year 11 extension upon demonstration of good cause by the applicant. 12 Section 3.LRC g 36-454 (e)entitled "Final development plan"is deleted in its 13 entirety and the following is substituted therefore: 14 (e)Final development plan.The applicant shall have three (3)years from 15 the date of passage of the ordinance approving the preliminary approval 16 to submit the final development plan.Requests for extensions of time 17 shall be submitted in writing to the planning commission which may 18 grant one extension of not more than two (2)years.Time extensions shall 19 be applied for by formal written request not less than ninety (90)days 20 prior to the first expiration date.Failure of the applicant to file a timely 21 extension shall be cause for revocation of the PUD as provided in this 22 article. 23 The final development plan review shall be conducted by the planning 24 and public works staff.They will review the final plan to determine that 25 no substantial charges were made to those elements of the plan agreed P://ORD.RES/LRC/Ordinance to amend chapter 36 [PAGE 3 QF 6J 1 upon in the preliminary plan.If substantial changes are found to have 2 been made to the agreed elements,then the application must be 3 resubmitted to the planning commission for preliminary plan review. 4 The staff will also determine that those elements conditioned by the 5 board of directors were altered to meet the board's specific requirements. 6 In certain instances such as condominium construction,final plan 7 approval shall be held in abeyance until such time as an as-built survey is 8 prepared and concurs with the final plan. 9 The burden is on the applicant to justify any variation between the 10 approved preliminary plan and the final plan.The final plan shall be 11 deemed to be in substantial compliance with the preliminary plan 12 provided the plan does not: 13 (1)Increase proposed floor area for nonresidential use more 14 than five (5)percent. 15 (2)Increase total building coverage more than five (5)percent. 16 (3)Increase building height more than five (5)percent. 17 (4)Increase total number of dwelling units more than five (5) 18 percent within a given stage.Fluctuation greater than the above may be 19 permitted provided overall density is maintained as determined by staff. 20 No public hearing is necessary to consider modifications on location and 21 design of streets or facilities for water,storm water,sanitary sewers,or 22 other public facilities required as a condition of approval of the 23 preliminary plan. 24 If the planning staff finds that only minor differences exist in the final 25 plan,the staff shall approve the final plan.Approval or disapproval of a P://ORD.RES/LRC/Ordinance to amend chapter 36 [PAGE 4 OF 6] 1 final plan by the staff shall occur within sixty (60)days of filing the plan. 2 The applicant may either resubmit the final plan in conformance with the 3 preliminary plan,or file a written appeal with the planning commission 4 within thirty (30)days of the refusal. 5 After the final plan has been approved,the applicant shall enter into an 6 agreement with the city to install the required public improvements in 7 accordance with chapter 31 of this code. 8 Building permits may be issued following approval of the final plan and 9 proper recording of plan and plat components.Construction shall 10 commence no later than one hundred eighty (180)days after final plan 11 approval and shall proceed on a timely basis until completion and 12 issuance of a final certificate of occupancy. 13 Section 3.Severability.In the event any portion of this ordinance is declared or 14 adjudged to be invalid or unconstitutional,such declaration or adjudication shall not 15 affect the remaining portions of the ordinance,which shall remain in full force and 16 effect as if the portion so declared or adjudged invalid or unconstitutional was not 17 originally a part of this ordinance. 18 Section 5.Repealer.All laws,ordinances and regulations and parts thereof in 19 conflict with this ordinance are hereby repealed to the extent of such inconsistency. 20 21 PASSED: 22 ATTEST:APPROVED: 23 24 25 Nancy Wood,City Clerk Jim Dailey,Mayor 26 P://ORD.RES/LRC/Ordinance to amend chapter 36 [PAGE 5 QF 6] 1 APPROVED AS TO LEGAL FORM: 2 3 4 Thomas M.Carpenter,City Attorney // 6 // // 8 // // 10 // 11 // 12 // 13 // 14 // // // 17 // 18 // // 20 // 21 // 22 // 23 // 24 // // // P://ORD.RES/LRC/Ordinance to amend chapter 36 [PAGE 6 QF 6] PLANNING COMMt88lOM VOTE RECORD DATE -'''.:. 'EMBER AL.LEN,FRED,JR. FAUST,JUDITH FLQYD,NQRM LANGLAIS,GARY LQARY,BQB MEYER,JERRY MUSE,RQHN NUNNLEY,QBRAY,JR,' RAHMAN,MI&N RECTOR,BILL STEBBINS,RQBERT ~j MEMBER-. ALLEN,FRED,JR. FAUST,JUDITH i FLQYD,NQRM LANGLAIS,GARY LQARY,BQB MEYER,JERRY MUSE,RQHN NUNNI EY,QBRAY,JR, RAHMAN,MI&N RECTQR,BILL I .,STEBBINS,RQBERT -':'-'-'::,A Meeifng AdjoUrned &-:--~~I P.M. AVE NAYE 'BSENT !4=ABSTAIN ~RECUSE April 3,2003 ThBI'6 l36if3g I3G fLIrthBr l30sIABss l36fGrB thB CGAIITIissiGA,th6 ITIBBtiAg WBs 8CIiGUll'ABCI 8t 6 24 p ITI Ii IBCli'hairman i '" /(