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HomeMy WebLinkAboutpc_04 07 1992subLITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD APRIL 7,1992 1:00 P.M. I.Roll Call and Finding of a Quorum. A Quorum was present being eight in number. II.Approval of the Minutes of the previous meeting. The Minutes of the previous meeting were submitted.There were two corrections to the Minutes offered by a member of the Commission.The corrections dealt with the vote record on Item Nos.2 and 14.The motion was made to approve the Minutes as corrected.The motion passed unanimously. III.Members Present:John McDaniel,Chairman Ramsay Ball Diane Chachere Kathleen Oleson Joe Selz Jim Vontungeln Brad Walker Emmett Willis,Jr. Members Absent:Ronald WoodsBillPutnam Jerilyn Nicholson City Attorney:Stephen Giles LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA APRIL 7,1992 DEFERRED ITEMS: A.Johnson —Short-form POD (Z-5243-A) B.Car Mart —Short-form PCD (Z-4375-B) C.T.B.Devine Addition —Replat (S-940) PRELIMINARY PLAT: 1.Chenal Valley Blocks 16 and 17 —Preliminary Plat (S-867-V) PLANNED UNIT DEVELOPMENT: 2.Kanis Mini Storage —Short-form PCD (Z-4653-B) CONDITIONAL USE PERMITS: 3.Christ the King School —Amended Conditional Use Permit (Z-3836-D) 4.Fellowship Bible Church —Conditional Use Permit (Z-5403-A) 5.Heritage Baptist Church —Conditional Use Permit (Z-5554) 6.Harris —Conditional Use Permit (Z-5557) 7.Broadaway —Amended Conditional Use Permit (Z-5451-B) OTHER MATTERS: 8.Fairview Addition —Request to reduce part of the Fairview Plat to acreage 9.Wentwood Apartments —Amendment to Bill of Assurance 10.811 Ada Lane —Request for additional water meter without subdividing property. Little Rock,Arkansas II L- I h 4~ Al Tn'I r I I III I Ml (I I ~U A 1ll(I Al I I nto I 1 ~r.n I%ME n II0N Nn It'It T IT IUA ~If\Nkl%Nlon II '"'I ~I O ~'IfI-040 MITE 0 ~On I F I~*INIGN/~FII i*NET IITII t.EGG EITIFNFIIIIG%IMIA41OM ~%I%1 M .«IIT 40 ~kn O Nln Iflk j I ~A%An 'f n Inn I II I(~T MIIMt%IIf4 N ~~~ TITEtN I NI I %%5 4 Gk nf.\III I Enl ~~OT 1%1 Innn I ~I I ~~I FIFA IAEE NEAINlnrllff %'I~I k A k EII%I.0 k I An%1 i TIEOAI% / E Uk%%I TAIN I I I f ~IVZA4nl'I" I j VICINITY MAP PREPARED SY: THE CITY OF LITTLE ROCK DEPARTMENT OF NEIGHSORHOOOS AND PLANNING 723 WEST MARKHAM STREET LITTLE ROCK,AR.722OI (SOI)37I-4790 SUBDIVISIQN AGENDA APRIL 7,1992 April 7,1992 ITEM NO.:A FILE NO Z-5243-A NAME:Johnson —Short-form POD LOCATION:10801 Birchwood Drive DEVELOPER:ENGINEER: DAVID JONES THE WILCOX GROUP 11219 Financial Center 2226 Cottondale Lane Suite 300 Suite 100 Little Rock,AR 72210 Little Rock,AR 72202 225-6018 666-4545 AREA:0.5 Ac.NUMBER OF LOTS:2 FT.NEW STREET:0 ZONING:R-2 PROPOSED USES:Office Building (6,000 sq.ft.) PLANNING DISTRICT:Rodney Parham CENSUS TRACT:24.01 VARIANCES RE VESTED: 1."0"Setback on Shackleford Road STATEMENT OF PROPOSAL: It is the developer's desire to create a situation that is in keeping with the present uses of the adjacent properties.The proposed project is to remove the existing single family house and build a professional office building with approximately 6,000 square feet. AD PROPOSAL RE VEST: This proposal involves a 6,000 square foot office building located on the Southwest corner of Birchwood Drive and Shackleford Road. B.EXISTING CONDITIONS: The site is currently occupied by two single family residences which have been used as rental property for a number of years.The abutting roads are developed to city standards. 1 April 7,1992 SUBDIVISION ITEM NO.:A Continued FILE NO.:Z-5243-A C.ENGINEERING COMMENTS: This property lies in the 100-year floodplain of Rock Creek. The minimum floor elevation for any new structure is 384.0. Sidewalks with handicapped ramps should be constructed on Birchwood Drive and Shackleford Road,where not present. D.ISSUES LEGAL TECHNICAL DESIGN: The primary issue in this area is the legal question of compatibility with the adopted land use plan which calls for the residential use of the property. E.ANALYSIS: This application is a follow-up to a withdrawn 0-1 application which was reviewed by the Planning Commission approximately fourteen months ago.That application proposed an identical use of the land with somewhat of a different site proposal.The proposal has been modified and details provided on screening,paving and the use.Staff feels that this is a land use question,and not one of design.The design would probably work and be efficient in support of the activity.However,in this area the activity is inappropriate given a residential use on the adjacent properties which lie to the north and west. An office development for the two lots is a departure from the adopted I-430 District Plan and could have an impact on the Birchwood neighborhood.This is a long standing and developed residential area,which has been encroached upon somewhat from the south. The existing subdivision also has a valid Bill of Assurance which prohibits anything other than residential develop- ments.The covenants and restrictions are enforced until 1999,and they can be extended by a majority of owners.It takes 604 of the owners to amend the existing Bill of Assurance. F.STAFF RECOMMENDATIONS: Staff reserves its recommendation on this item in order to further develop the application,the information provided and our position. SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 6,1992 ) The application was represented by Mr.David Jones and Joe White. A brief discussion was held to generally deal with the minimum floor elevation for any new structures in a closed neighborhood 2 April 7,1992 SUBDIVISION ITEM NO.:A Continued FILE NO.:Z-5243-A of 100-year floodway line.Jerry Gardner of the Engineering staff stated that a floor elevation for a proposed structure should be 384 feet,and this would create a 6 foot fill on the East over the present terrain elevation. It was also stated that the Bill of Assurance needs to be amended before the development occurs at the proposed site. The matter was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION:(FEBRUARY 25,1992) The Planning staff reported to the Commission that a request had been made by the developer to defer this item to the Planning Commission meeting on April 7,1992. This would afford the developer sufficient time to address the concerns of neighborhood objectors and the staff recommendation. A motion was made to defer this item until April 7,1992 Planning Commission meeting.The motion passed by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION:(APRIL 7,1992) There were no objectors present.The Planning Commission received a letter from the applicant,Mr.David Jones.Mr.Jones requested a deferral of this item until May 19,1992,the next scheduled meeting.The Commission took note of the fact that this is the second deferral request.Several members indicated they had concerns about this application being filed continuously for different rezoning or development proposals. A motion was made to include this item within the Consent Agenda for deferral.The motion passed by a vote of 7 ayes and 4 absent. 3 April 7,1992 4 ITEM NO B FILE NO.:Z-4375-B NAME:Car Mart —Short-form PCD LOCATION:5900 South University DEVELOPER: DYNAMIC ENTERPRISES JOHN SCOTT 5900 South University Little Rock,AR 72209 AREA:1.8 Ac.NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:C-4 PROPOSED USES:PCD —Used Car Lot PLANNING DISTRICT:65th Street —West CENSUS TRACT:20.01 VARIANCES RE UESTED:None STATEMENT OF PROPOSAL: This application has been submitted in the form of an expansion of the existing Car Mart site location at 5900 South University. The present zoning is C-4 and the request is to place the PCD on the site to permit the display of automobiles within the first 20 feet of the front yard setback.C-4 prohibits open display within the first 20 feet of a required front yard setback. STAFF REPORT This application has been presented to the Commission as a request for I-2 rezoning on January 28,1992.At that time,the Planning Commission denied the request with the option of the applicant filing for a PCD.The site plan has been presented to staff and approved by Bob Brown,Landscape Specialist. ENGINEERING COMMENTS: 1.Mabelvale Pike improvements to be half of the 36 foot collector street. 2.Sidewalk to be 5 feet wide on Mabelvale Pike. 3.Sidewalk requirements on University Avenue frontage. 1 April 7,1992 SUBDIVISION ITEM NO.:B Continued FILE NO.:Z-4375-B 4.New driveway on Mabelvale Pike to be a maximum of 24 feet wide. 5.Stormwater detention and excavation permits required. STAFF RECOMMENDATIONS: Staff recommends approval subject to the comments made above. SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 6,1992) The applicant was not present.The staff pointed out that the issues of the site plan had been discussed thoroughly with the Planning staff,Engineering and the applicant.The only item remaining is submitting the revised site plan prior to the Planning Commission meeting. PLANNING COMMISSION ACTION:(FEBRUARY 25,1992 ) The Planning staff informed the Commission that the item needed to be deferred because of the site plan deficiency.A motion was made to defer this item to the April 7,1992 meeting.The motion was approved by a vote of 9 ayes,0 noes and 2 absent. PLANNING COMMISSION ACTION:(APRIL 7,1992) Staff reported to the Commission that this applicant did not follow through with the instructions to work with staff on the site plan modifications discussed in previous commission meetings.The staff recommended placement of the item on the Consent Withdrawal Agenda. A motion to this effect was made.The motion was passed by a vote of 7 ayes,0 nays and 4 absent. 2 April 7,1992 ITEM NO.:C FILE NO S-940 NAME:T.B.Devine Addition —Replat of Lot 1,Block 1, Devine Subdivision LOCATION:On Davmar Drive off Mabelvale Pike Road DEVELOPER ENGINEER: THOMAS D.DEVINE,JR.DEE WILSON 9414 Mabelvale Pike South Mabelvale,AR 72103 565-0186 AREA:1.22 Ac.NUMBER OF LOTS:2 FT.NEW STREET:0 ZONING:R-2,I-2 PROPOSED USES:Industrial PLANNING DISTRICT:Geyer Spring West CENSUS TRACT:20.02 VARIANCES RE UESTED'. Street Improvements 2.Drainage A.PROPOSAL RE VEST: This proposal consists of a replat of Lot 1,Devine Subdivision into Lot 1 and 2.The proposed plat corrects and establishes certain property lines to conform to the original intent.Those changes will also accommodate the existing buildings and surrounding features. B.EXISTING CONDITIONS: The site is currently occupied by two one-story masonry buildings each having approximately 5,000 square feet.The Davmar Drive is a narrow gravel road with ditches on both sides. C.ENGINEERING COMMENTS: To provide the right-of-way and improvements for an industrial subdivision street per Section 31-312 of the Subdivision Ordinance. 1 April 7,1992 SUBDIVISION ITEM NO.:C Continued FILE NO.:S-940 D.ISSUES LEGAL TECHNICAL DESIGN: Several issues to be introduced here are as follows: 1.To include all information required by the Ordinance on the plat. 2.To provide written justification for requested waivers of street improvements on an industrial subdivision. 3.To provide floodway information on the plat. E.ANALYSIS: The Planning staff finds very few issues dealing with this plat.There are a number of plat elements missing on this replat which will need to be included. F.STAFF RECOMMENDATIONS: Staff recommends approval of the replat subject to the resolution of the above comments. SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 6,1992 ) The applicant was not present nor represented.The matter was forwarded to the full Commission for resolution. PLANNING COMMISSION ACTION:(FEBRUARY 25,1992) The applicant was not present nor was he represented.Staff told the Commission that this replat needed to be deferred because of a notice problem.A motion was made to defer the item until the April 7,1992 meeting.The motion was approved by a vote of 9 ayes,0 noes and 2 absent. PLANNING COMMISSION ACTION:(APRIL 7,1992 ) Staff reported to the Commission that this applicant failed the notice requirement for this preliminary plat.Staff suggested the item be placed on the Consent Agenda for deferral. A motion to this effect was made.The motion was passed by a vote of 7 ayes,0 nays and 4 absent. 2 April 7,1992 ITEM NO.:1 FILE NO.:S-867-V NAME:Chenal Valley,Blocks 16 and 17 LOCATION:SE Corner of Chenal Parkway and Chenal Valley Drive DEVELOPER:ENGINEER: DELT I C FARM AND T IMBER CO g INC ~WH ITE DATERS AND ASSOC ~/INC ~ g7 Chenal Club Circle 401 Victory Little Rock,AR 72211 Little Rock,AR 72201 821-5555 374-1666 AREA:22.98 Ac.NUMBER OF LOTS:54 FT.NEW STREET:2,650 ft. ZONING:MF-6 PROPOSED USES:Single Family Residences PLANNING DISTRICT:Chenal-19 CENSUS TRACT:42.06 VARIANCES RE UESTED: 1.Building setback lines as shown. 2.Centerline radius for residential streets (less than 150 feet) A.PROPOSAL RE VEST: This proposal consists of a preliminary plat filing for 54 single family lots adjacent to the golf course in Chenal Valley.The development format is one of medium lots on a series of streets with a single entry point to service the neighborhood. B.EXISTING CONDITIONS: The existing land area is undisturbed at this time with natural foliage in place.There are streets in place adjacent to the subdivision plat to the north and east and the Chenal Golf Course to the south and west. C.ENGINEERING COMMENTS: Sidewalks are waived by the "pathway"system previously approved.The Excavation Ordinance does apply. D.ISSUES LEGAL TECHNICAL DESIGN: There are no legal,technical or design problems with the plat at this review. 1 April 7,1992 SUBDIVISION ITEM NO.:1 Continued FILE NO.:S-867-V E.ANALYSIS: The Planning staff's review of this preliminary plat reveals that the plat is in a proper design,given the terrain and circumstances of the property. F.STAFF RECOMMENDATIONS: Staff recommends approval of this preliminary plat with approval recommendation for waiver of building setbacks as shown on the plat. SUBDIVISION COMMITTEE COMMENT:(MARCH 19,1992) The application was represented by Mr.Joe White.There were several design elements discussed.These dealt primarily with the 15 and 20 foot building lines on the lots.It was determined that building lines be increased to 25 feet on the front and reduced to 20 feet on the rear on all lots abutting the golf course.On the remaining lots with rear access drives,the building lines will remain unchanged. There being no further discussion,the matter was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION:(APRIL 7,1992 ) There were no objectors present.Staff reported to the Commission that this item was retained on the regular agenda for purposes of discussing the waivers requested by the applicant. A brief discussion of the two waivers resulted in there being no reservations concerning the variances as requested.It was pointed out that the golf course to the rear of most of the lots provides a significant open green space,thereby allowing the reduction of the rear yard.The street centerline radius was approved by the Public Works Department as workable. A motion was then made to approve the preliminary plat as presented and recommended approval of the waivers to the City Board of Directors.The motion was passed by a vote of 7 ayes, 0 nays and 4 absent. 2 April 7,1992 ITEM NO.:2 FILE NO.:Z-4356-B NAME:Kanis Mini-Storage —Short-form PCD LOCATION:SW Corner of Kanis and Bowman Roads DEVELOPER:ENGINEER: UNITED PROPERTIES,INC.SUMMERLIN ASSOCIATES,INC.1616 Brookwood 1609 South BroadwayLittleRock,AR Little Rock,AR 72206666-0308 376-1323 AREA:2.36 Ac.NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-2 PROPOSED USES:Mini-Warehouse PLANNING DISTRICT:21 CENSUS TRACT:42.07 VARIANCES RE UESTED:None STATEMENT OF PROPOSAL: This application has been submitted in the form of an expansionoftheexistingmini-storage facilities lying immediately to thenorth.The site plan,as designed,will operate in conjunctionwiththeexistingmini-storages.There will be open flow oftrafficbetweenthesetwositestherebyeliminatingtheneed foradditionalcurbcuts. The concept for this project is a low intensity commercial development with large buffer areas,screening and landscaping as you approach the adjacent lower intensity uses,i.e.,CherryCreekAdditiononthewest. An opaque fence will be provided on the sides of property whichabutsresidentialzoning.The construction will consists of fivecolored,prefabricated metal buildings with 8 foot eave heights.Each building will be constructed on the concrete slabfoundationsandthedriveareaswillbepaved. A.PROPOSAL RE UEST: This application consists of a proposal to expand existingthemini-storage facility on the tract of land immediatelytothesouth.Access would be taken through the existingsitefromKanisRoad. 1 April 7,1992 SUBDIVISION ITEM NO.:2 Continued FILE NO.:Z-4356-B B.EXISTING CONDITIONS: This tract of land is mainly a flat tract of ground with a former residential structure in place on the Bowman Road end of the property. C.ENGINEERING COMMENTS: Provide stormwater detention facilities (3,900 square feetfacilityshownontheplans,not approved without design calculations and details);provide right-of-way and improvements for minor arterial on Bowman frontage. D.ISSUES LEGAL TECHNICAL DESIGN: The design of the site is adequate to the site and this proposal.However,the significant issue attached to this filing is nonconforming with the adopted land use plan for the area.There are a number of detail items on the site plan which required resolution.These are as follows: 1.Structural description should be provided. 2.A lighting scheme for the building and driveway areas should be provided. 3.Describe ways to protect trees in buffer areas during construction. 4.Use nonreflecting materials for roofing,and slope them away from residential neighborhood. E.ANALYSIS: The Planning staff view of this proposal is that the designisadequatefortheuseandthesizeofpropertyindicated. However,we feel the proposal is located inappropriately. The Planning staff felt that zoning action would be a recognition of a need to move the commercial zoning line on the plan to the south and extend the commercial activity on the corner of Kanis and Bowman Roads. F.STAFF RECOMMENDATIONS: Staff reserves its recommendation on this item in order to further develop the application,the information and our position. 2 April 7,1992 SUBDIVISION ITEM NO.:2 Continued FILE NO.:Z-4356-B SUBDIVISION COMMITTEE COMMENT:(MARCH 19,1992) The applicant was present.The Planning staff pointed out thatitfeltthisissuewasalandusematter.Also,the site plan presented was a good design,given the property access and configuration. The only items of a design nature discussed were the type of material for roofing,lighting scheme for parking and protection of the buffer areas during construction.It was suggested that the roof be made of nonreflecting material and lights directed away from the residential neighborhood. There being no further discussion on this item,the matter was forwarded to the full Commission for resolution. PLANNING COMMISSION ACTION:(APRIL 7,1992) The Planning staff offered its recommendation to deny the application being presented to the Commission.Staff stated the proposal was incompatible with the adopted land use plan because the proposes that the subject property as multifamily. The applicant was represented by Mr.Bill Hastings and accompanied by Mr.Jim Summerlin,the engineer for the project. Mr.Hastings offered an extensive overview of the project,he identified the treatment proposed for the site and described the buildings as to their composition and the type of roof. Mr.Hastings commented on a statement from the Public Works Department in the staff write-up.He stated that his client would be willing to construct the improvements and dedicate the right-of-way on Bowman Road at the time that frontage is developed.Mr.Hastings presented a copy of the site plan for the Commission to review.He and Mr.Summerlin answered questions about the various elements of the plan by the Commission.Mr.Summerlin expanded his comments by detailing the effects of site preparation;identifying where cuts and fills would have to be accomplished and retaining walls along the south property line. The Commission and the applicant then entered into a general discussion of the mixture of land uses within the immediate neighborhood,including the landscape business and liquor store at the Bowman and Kanis Intersection. Mr.Hastings then offered comments concerning the hours of operation and the manner in which the business is currently operated.He identified it as an excellent business,both in 3 April 7,1992 SUBDIVISION ITEM NO.:2 Continued FILE NO.:Z-4356-B appearance and operation.In a response to a question from one of the commissioners,Mr.Summerlin stated that the closest the proposed buildings would be to the adjacent residential property line would be approximately 80 feet.He further indicated the top of the buildings,for the most part,would be below the elevation of the adjacent residential lots due to the cut in the western area of the development,plus there will be a 6 foot board fence erected along the west property line. In response to a question from the Commission,the applicant indicated the proposed landscaping would be compatible with the existing on-site which would have to meet the Ordinance requirement. A question was then asked as to whether the buildings would be all metal in construction and if there would be masonry as on the face as the existing Kanis Road frontage.The applicant's responded by saying the buildings are all prefabricated metal type structures and would be similar in construction to the existing along Kanis.However,there would not be a concrete block facing as on the existing building.Mr.Hastings indicated that the buildings,like most mini-warehouse structures will be mainly overhead doors on the exterior sides and would be the view presented internally.The ends of the building will,of course, be solid without doors. A question was then asked by a commissioner as to whether or not the residential owners in the immediate area to the west had been contacted as well as the builders and developers.Mr.Hastings responded by saying they had been contacted,and to his knowledge there had been no objection expressed by any current owner. Ruth Bell of the League of Women Voters was then asked to present her comments on the issue.She stated that she found it difficult to support changes in plans which had been developed fully by the staff and the Board through the public hearing process,unless the applicant makes a very good case for his proposal. In responding to Mrs.Bell's comments,Mr.Hastings stated that in his conversation with the developers and builders of the residential area,they had a preference for this type of usage rather than the multifamily proposed by the plan. A question was then asked about the operational hours of the business.Mr.Hastings stated the hours will be 7:00 a.m.,on most days,and operate until sundown at which time they will close the gate and lock up.They are open on Saturdays,but closed on Sundays.A lengthy discussion then followed involving several of the commissioners,staff and the applicant.It was determined during the course of this conversation that there were 4 April 7,1992 SUBDIVISION ITEM NO.:2 Continued FILE NO.:Z-4356-B no record objectors,except Mrs.Bell.A commissioner pointedoutthatthisissuecomesdowntooneoflanduse,not design, which is the particular decision to be made.Several comments were made by commissioners in the form of statements,that,theyfeltlikeatsomepointtheplanmustbeviewedasgeneralinnature,and the Planning Commission exercise good judgment indealingwiththesetypesofcases. Jim Lawson asked the applicant if it was his intent to make theoperationalhours,as outlined above,a part of the PCD approval. Mr.Hastings responded in the affirmative.Mr.Hastings alsoidentifiedhiscommitmenttoanonreflectiveroofstructure. Mr.Lawson asked Mr.Hastings what type of lighting system was proposed for this development.Mr.Lawson then went on to saythatalthoughthestaff's original recommendation was denial.Heindicatedtheconcernhereisaboutthesignificantamountofscreening,buffering,the design of the building and other accommodations to the location suggested by staff.He felt that perhaps in this case,the land use plan can be modified and he pointed that we should,in this case,identify the plan as general in nature.The line as discussed previously beinggeneral,but not specific.He said the existing warehouse complex to which this will be tied supports this proposal. Mr.Lawson stated he felt the remaining issue here to be dealt with,as far as impact on the neighborhood,would be the lights shining into the neighborhood.He stated that he would like to add a requirement that on any approval,where the lights wouldnotshineoutsidetheproject,but be cast downward and inward. Mr.Hastings indicated this could be worked out and it would be made part of the plan. Ruth Bell of the League of Women Voters then asked of the notices mailed,what persons were they mailed to and were thereresidentialownerswithintherequirednotificationdistance.Staff pointed out that to the extent of their knowledge there were houses within the 200 feet and did receive a notice.There were about 16 or 17 mailed to various land owners.Staffidentifiedsixorsevenlotsfromthenoticelistthatwere possibly single family lots with at least one of them apparentlyoccupied Mrs.Bell expanded on the question by asking if most of thenoticesweresenttopeoplewithundevelopedtractsordid some homeowners receive the notice.Staff's response was they reallycouldnottellbytheabstractlist,but there were severalpotentialwithinthenoticedistance. Mrs.Bell then expanded her comments to what she identified as a major concern,that being her fear that the Planning Commission by its discussion and actions taken here were developing criteriaforchanginglanduseplans.The Chairman's response to 5 April 7,1992 SUBDIVISION ITEM NO.:2 Continued FILE NO.:Z-4356-B Mrs.Bell's concern was that the Commission typically responds toactions.If there are large numbers of people present,the Commission will obviously listen to their concerns and perhaps follow their direction.Where there is little or no concern expressed by the neighborhood,then the Commission must take it upon itself to use its best judgment. One commissioner specifically stated that he viewed it as a land use plan of general guideline.Boundaries have been established, but,that,when you deal with specific application such as this with specific boundaries,then you need to look at the surrounding property and use within. The question was then called by the Chairman at the suggestion of one of the members.He asked if there were addendums or items to be attached prior to taking a vote on the matter.Jim Lawson stated that he felt that the several items that Mr.Hastings have agreed to should be made a part of the PCD approval and the motion. Mr.Lawson expanded by saying that he needed some clarification from Mr.Summerlin,the project engineer,as to whether or not hefeltthe50footopenspacestripalongthewestsidecouldbe protected against construction immediately adjacent.A general discussion of this matter was held with the conclusion being,that the staff and the developer would have to agree at the time of final plan approval on the manner in which the 50 foot buffer was to be protected against intrusion.It was pointed out thatthisisanordinancerequirement,and not an option.The Chairman then stated that the staff will respond to the applicant's plan when it is submitted with the conditions of this approval included.The Chairman then asked for a vote on a call for question.The vote produced 6 ayes,1 nay and 4 absent. The PCD is approved with the several conditions agreed upon by Mr.Hastings. 6 April 7,1992 ITEM NO.:3 NAME:Christ the King Church/School Amended Conditional Use Permit (Z-3836-D) LOCATION:4000 North Rodney Parham OWNER APPLICANT:Catholic Diocese of Little Rock/ Joe White,Agent PROPOSAL:An amended Conditional Use Permit is requested to allow use of the property for modification of existing driveway locations. ORDINANCE DESIGN STANDARDS: 1.Site Location Adjacent to a minor arterial (North Rodney Parham Road)and a residential street (Woodland Heights Road). 2.Com atibilit with Nei hborhood The church/school is an existing use that has received three previous Conditional Use Permit approvals.Office uses are adjacent to the south and east,with single family located to the north and vacant land to the west.The use is compatible with the surrounding area. 3.On-Site Drives and Parkin This site has four existing access drives (three from North Rodney Parham Road and one from Woodland Heights Road)and 297 parking spaces.The proposal contains a drop-off loop (25 to 22 feet in width)along with an exit drive on Woodland Heights (20 feet in width). 4.Screenin and Buffers The applicant is proposing to use the existing landscaping. Additional landscaping borders are required to protect the landscaped areas from vehicular use. 5.Cit En ineer Comments Traffic Engineering will not approve the new driveway on Woodland Heights due to sight distance concerns.Provide handicapped ramps in the existing and new sidewalk at all corners and driveway intersections.Storm water detention facility required for the new parking lot. 1 April 7,1992 SUBDIVISION ITEM NO.:3 Continued 6.A~nal sis As previously mentioned,this is the third Conditional Use Permit on this site,but the first amendment.The applicantisproposinganewexitdrive(20 feet in width)on Woodland Heights Road and a drop-off drive which varies from 22 feetto25feet. The staff feels that the use existing is compatible with the surrounding area.In addition,the staff feels that all the requirement of engineering should be met.To allow the curb cut on Woodland Heights would create a site distance problem due to the fact the fence is right on the property line. 7.Staff Recommendation Staff recommends approval subject to the engineering and landscaping requirements being met. SUBDIVISION COMMITTEE COMMENT:(MARCH 19,1992) Joe White represented the applicant.Staff gave an overview of the applicant's request.Jerry Gardner of Engineering stated that the drive off of Woodland Heights will not be allowed because it creates a sight distance problem.Joe White asked if the sight distance problem was corrected would Engineering have a problem with the drive.Jerry Gardner stated that he would have to see a site plan before he could give a recommendation.Joe White state he would get a site plan together and meet with Engineering.Bob Brown stated that the proposed drop-off drive will have to be reduced to 20 feet in order to meet the 6 foot side landscaping screening with shrubs and four (4)trees.No other discussion took place.This item was sent on to the full Commission for action. PLANNING COMMISSION ACTION:(APRIL 7,1992) Joe White represented the applicant.There were no objectors in attendance.As part of the Consent Agenda this item was approved per the engineering requirement.The vote was 7 ayes,0 noes and 4 absent. 2 April 7,1992 ITEM NO.:4 NAME:Fellowship Bible Church— Conditional Use Permit (Z-5403-A) LOCATION:12601 Hinson Road OWNER APPLICANT:Fellowship Bible Church/ Darrell Odom,Agent PROPOSAL:A Conditional Use Permit is requested to allow use of the property for a multipurpose building. ORDINANCE DESIGN STANDARDS: 1.Site Location Located at the Southwest corner of Hinson and Napa Valley Roads. 2.Com atibilit with Nei hborhood The site is compatible with the neighborhood.There exist a school,residences and multifamily uses. 3.On-Site Drives and Parkin Existing on-site is a circular driveway with curb cuts off of Hinson and Napa Valley Roads.The required parking, paving and stripping will be required for the new structure. 4.Screenin and Buffers There exist some landscaping on the site.However,the applicant will have to provide more landscaping in order to meet the new landscaping requirements. 5.Cit En ineer Comments There are no engineering comments to report. The Little Rock Fire De artment and Little Rock Munici al Waterworks are requiring an additional fire hydrant. 6.~Anal sis The proposed building is a two story,21,000 square feet education and activity building,including classrooms, restrooms,kitchen and gymnasium space.Staff feels the proposed uses are compatible with the surrounding area. 1 April 7,1992 SUBDIVISION ITEM NO.:4 Continued The existing site of 10.91 acres has 341 parking spaces to which 101 new parking spaces will be added including two handicapped accessible spaces.Parking requirements are determined by the present 700+seat ratio which requires 175 spaces. In regards to the additional fire hydrant that is required, the applicant should work out some type of an agreement with Pulaski Academy to possibly share one. 7.Staff Recommendation Staff recommends approval of the Conditional Use Permit subject to the landscaping requirement being met,as well as the fire department and Water Works. SUBDIVISION COMMITTEE COMMENT:(MARCH 19,1992) Mr.Muriel Lewis represented the applicant.Staff gave an overview of the applicant's request.Mr.Lewis explained further in detail.Staff informed Mr.Lewis that the new construction would require some additional landscaping.Mr.Lewis stated he had no problem with meeting the landscaping requirements.No other discussion took place.This item was sent on to the full Commission for action. PLANNING COMMISSION ACTION:(APRIL 7,1992) A representative for the applicant was in attendance.There were no objectors present.As part of the Consent Agenda,this item was approved by a vote of 7 ayes,0 noes and 4 absent. 2 April 7,1992 ITEM NO.:5 NAME:Heritage Baptist Temple— Conditional Use Permit (Z-5554) LOCATION:4910 Stagecoach Road OWNER APPLICANT:Heritage Baptist Temple/ Rev.Graham Lewis,Agent PROPOSAL:A Conditional Use Permit is requested to allow use of the property for a doublewide mobile home. ORDINANCE DESIGN STANDARDS: 1.Site Location Located in the Northeast corner approximately 806.4 feet along Colonel Glenn Road and approximately 1607.2 feet along State Highway 5 (Stagecoach Road). 2.Com atibilit with Nei hborhood The church/school is compatible with the neighborhood. No adverse impact will be placed on the adjacent property owners. 3.On-Site Drives and Parkin Access to the site is taken off of two existing driveways. There is also a circular drop-off of which the existing driveways connect. 4 ~Screenin and Buffers The applicant plans to use the existing screening and buffers.If more is needed,the applicant will comply. 5.Cit En ineer Comments Provide principal arterial right-of-way dedication (for a total of 55 feet from centerline)on Stagecoach Road and Colonel Glenn Road frontages. 6.A~nal sis The proposal before the Commission is for a doublewide mobile home for security reason.Presently,there is a single wide mobile home on the site.The mobile home has been on the site since 1976.At this time,the mobile home is in need of major repairs,and the church feels that it would be more economical to replace it than to repair it. 1 April 7,1992 SUBDIVISION ITEM NO.:5 Continued The new mobile home will be a 1989 Sunshine doublewide unit, 28 X 48 feet.It is also the desire of the church to move the new doublewide mobile home approximately 100 feet from the existing location. By moving the mobile home,the grounds and maintenance person will have a better view of the main structure.View of the main structure is blocked by the bus garage. 7.Staff Recommendation Staff's only concern about this request is the fact that there are several junk buses on the site.Staff feels that the junk buses should be removed. Staff recommends approval of the Conditional Use Permit subject to some arrangement being made regarding the removal of the junk buses on the site. SUBDIVISION COMMITTEE COMMENT:(MARCH 19,1992 ) The applicant was not present nor was there a representative in attendance.Staff gave an overview of the applicant's request. A small discussion took place,however one member asked how many of the mobile homes on the site are being used for residential purposes.This item was sent on to the full Commission for action. PLANNING COMMISSION ACTION:(APRIL 7,1992 ) Staff informed the Commission that the notice requirements have not been met.This item would have to be deferred until the May 19,1992 meeting.As part of the Consent Agenda a deferral was approved by a vote of 7 ayes,0 noes and 4 absent. 2 April 7,1992 ITEM NO.:6 NAME:Harris —Conditional Use Permit (Z-5557) LOCATION:3001 West 65th Street OWNER APPLICANT:Arian Harris PROPOSAL:A Conditional Use Permit is requested to allow use of the property for a bookstore. ORDINANCE DESIGN STANDARDS 1.Site Location Located at the intersection of West 65th Street and Murray Road approximately 150 feet. 2.Com atibilit with Nei hborhood The site is compatible with the neighborhood.Surrounding the site is a mixture of uses from commercial to industrial. 3.On-Site Drives and Parkin There exist three on-site drives to the site,one off of Murray Road and two off of West 65th Street.The applicant plans to meet the parking requirements. 4.Screenin and Buffers There will have to be new landscaping in order to meet the Ordinance requirement. 5.Cit En ineer Comments There are none to be reported. 6.A~nal sis The proposal before the Commission is for an adult bookstore.Presently,the applicant has one bookstore in the area,but will have to relocate in order to meet the new Ordinance requirement for uses of this type. The business will be private and will require a membershiptoenter.No one under 18 years of age will be given a membership card.There will be books,video tapes and gaggiftspertainingtosexuallyorientedmaterial.There also will be booths for viewing of tapes.Staff feels that this location of the business is a more compatible area than the 1 April 7,1992 SUBDIVISION ITEM NO.:6 Continued existing location.Zoned I-2 Light Industrial,this use ispermittedasaConditionalUsePermit.The site at one timewasaservicestationandhasbeenvacantforanumberofyears.The expansion of the existing structure along withtheotherCityrequirementswillhelptorestoreamuchneededarea. 7.Staff Recommendation Staff recommends approval of the Conditional Use Permitsubjecttothelandscapingrequirementsbeingmetandthepavingandstrippingoftheparkingareas. SUBDIVISION COMMITTEE COMMENT:(MARCH 19 g 1992) The applicant was in attendance.Staff gave an overview of theapplicant's request.No additional discussion took place.ThisitemwassentontothefullCommissionforaction. PLANNING COMMISSION ACTION:(APRIL 7g 1992) The applicant was in attendance.There was one person present inoppositiontotheConditionalUsePermit,Charles Q.Hinkel,whoisalocaldivisionmanagerforNAPA. Mr.Hinkel was asked to speak first before the Commission.Hestatedthatheneededsomeclarification.Mr.Hinkel stated whenthegentlemancamebythestore,he was not there.He asked,according to his understanding,if the Harris Bookstore is to beanadultbookstore.The Chairman responded by saying yes thatwashisunderstandingaswell.Mr.Hinkel then stated as arepresentativeofNAPA,Inc.he was at the meeting to object.Heexplainedthereweretwoprimaryreasonsforattendingthehearing:(a)This type of use would be detrimental to thepropertyvaluesintheareaand(b)would be a serious threat totheretailcustomerswhichnowfrequentthepartsstorejustbecauseofthereputationofthistypeofstorehas. A commissioner asked Mr.Hinkel where was his property located inregardstothebookstore.Mr.Hinkel stated that NAPA is locatednextdoorat6519SouthMurray,which is to the south. Stephen Giles,Assistant City Attorney,was asked to explain theOrdinanceregardingclosingdowntheadultbookstoresinthecity.Mr.Giles stated the City started at the end of anamortizationperiod,under a separate city ordinance,to allowcertainadultbusinessusestobelocatedwithindesignatedareasoftheCity.With this action,the City deemed to be a moreappropriateareaforthebusinesstooperateandawayfromthe 2 April 7,1992 SUBDIVISION ITEM NO.:6 Continued residential areas or close to occupied structures.Mr.Harris has looked around the City and found one such availableindustrialareatorelocateto. Mr.Giles explained that the intent of the Ordinance is toprotectresidentialareas,historic districts,and things whichareverysensitivetothesetypesofintrusionsthatcanoccur through commercial development.The City has spent a lot of time and effort in making available areas.Therefore,the City could not just close the businesses and not let them relocate anywhereinthecity,this would be unconstitutional.The City is inlitigationwiththeapplicantandothersconcerningtheconstitutionalityoftheOrdinance.He stated that thisapplicationisagoodfaitheffortonthepartoftheapplicant and City to reach some type of agreement for a location which is not agrestial to the public.However,to come into thisparticulararea,the Ordinance allows this type of use under aConditionalUsePermit. A board member then asked if there were zones which would allowthisusebyright.Staff stated yes,C-2 or C-3 would allow abookstore,but not one of this type.Mr.Giles stated,becauseofthespacingrequirementsoftheOrdinance,these particular types of businesses have a much harder task in finding a location when compared to a typical bookstore,which would not have to have the same type of separation as the one before the Commission. Mr.Giles further stated that unless this application is totally incompatible with the surrounding area and found to be detrimental to the properties,then staff's position is approvalforthelanduse.It should not be the position of the Commission to set judgment on this type of use. Arlene Harris,the applicant then addressed the Commission.HestatedthatallhewasdoingwascheckingtheOrdinance.The Ordinance says this type of business can be located on the site, and he is trying to do so. Staff stated since the application is for a conditional use permit,then the Commission can place conditions on the approvalifMr.Harris and Mr.Hinkel can reach some kind of an agreement. For example,the hours of operation could be restricted,or parking or signage. A board member then asked what percentage of the Sign Ordinance applies in industrial zoning?One of the historic things withthistypeofbusinessistopaintthesideofthewall.Can anyassurancebegivenastotheamountofsignagewhichwillbeonthesite? 3 April 7,1992 SUBDIVISION ITEM NO.:6 Continued Mr.Harris stated that what he is doing is making an investment. He has a tenant,and the City is forcing this person to move. Therefore,he is making an investment to move the tenant.The signage would not be any different from the one down the street. Mr.Harris stated all that is happening is the one down thestreetismovingtothislocationinordertocomplywiththe Ordinance.The business is already in existence.A board member then asked Mr.Harris if he was the owner or applicant? Mr.Harris stated he was the one applying for the use.He alsostatedhewastestingtheOrdinance.The City said in federal court that an adult bookstore could be located on this site and he was trying to find out. Staff stated that signage in industrial districts is less than inotherdistricts.Mr.Harris stated there is one little square sign at the present location.It is probably 3 feet tall and 2 feet wide.There will be no painting on the sides of the building.Mr.Harris was asked if he would be willing to amendhisapplicationtostatetherewillbealowkeysignandnone on the facade.Mr.Harris stated he had no problem with the amendment. Mr.Hinkel addressed the Board again.He stated that to allowthisusewouldbeverydetrimentaltothebusinessbecauseof the type of clientele this type of use caters to.A board member asked Mr.Hinkel what type of customer frequented his store? Mr.Hinkel stated the typical customer is male between the agesof18to55whichisabout804ofthebusiness.Approximately, 354 of the total walk in trade would be women between the agesof20to40yearsold. A board member asked if this was going to be new construction and what would be the separation between the two businesses?Staffstatedthatthesitehasanexistingbuilding.Mr.Harris planstoenlargethisstructureandputinlandscapingandparking. Bob Brown then stated since the new construction is so much,the Landscape Ordinance would apply 100%.There is approximately 20 feet of separation between the two buildings'he Chairman then ended the public hearing and more discussion took place among the Commission and applicant.A commissioner asked Mr.Harris what would be the hours of operation. Mr.Harris stated that presently the hours are 24 hours a day. However,he would be willing to reduce them if the application is approved. Stephen Giles then asked the commissioners if they were aware of the ramifications of whether the request is approved or denied. He explained the application is really the focal point of the lawsuit against the City.The applicant and other parties are challenging the City by using the new Ordinance.They feel the 4 April 7,1992 SUBDIVISION ITEM NO.:6 Continued Ordinance's intent is to run this type of use out of the city. The City's whole position throughout the lawsuit has been there are other locations within the city for this type of use.This particular site is as a suitable place within the allowed areas in the city.It may be that the court will review a denial of this application to uphold Mr.Harris'awsuit.If that happens, the Ordinance would be rendered unconstitutional and the business would be allowed to stay where it is presently located. Several commissioners gave their opinions regarding the application.Those opinions ranged from (1)there are other areas in the city for this type of use which would be more acceptable,(2)the Commission has a right to take a closer look at the application regardless of what the City and federal court have decided,(3)can the applicant get an extension if the application is denied?(4)the type of zoning,and (5)how long has the property been vacant? The Chairman then called for the pleasure of the Board.A motion was made to accept the amended application restricting the signage and facade.The motion died by a vote of 4 ayes,4 noes and 3 absent.Due to the item not receiving six votes either way,it was automatically deferred to the April 21,1992 meeting. 5 April 7,1992 ITEM NO.:7 NAME:Broadaway —Amended Conditional Use Permit (Z-5451-B) LOCATION:4716 Baseline Road OWNER APPLICANT:Dale Broadaway PROPOSAL:A amendment to the Conditional Use Permit is requested to allow for a delay in meeting the paving requirements. ORDINANCE DESIGN STANDARDS: 1.Site Location This site is located on Baseline Road between Doyle Springs and Statton Roads. 2.Com atibilit with Nei hborhood The surrounding land use is a mixture of residential and commercial,but the zoning is all residential.The use is compatible with the neighborhood. 3.On-Site Drives and Parkin There exists an on-site drive off of Baseline Road and thirteen parking spaces. 4.Screenin and Buffers The applicant will be required to provide landscaping in accordance with the landscaping ordinance. 5.Cit En ineer Comments There are none to be reported. 6.A~nal sis The applicant is back before the Commission requesting a delay in meeting the paving requirements for the Conditional Use Permit granted on February 25,1992.The Conditional Use Permit was for the construction of four mini-warehouses on an existing mini-warehouse site.The four new mini- warehouses will be done in a two phase process with the full completion expected within three years. At the present time,the applicant is planning on building only two of the four buildings.It is not economically feasible with limited development to pave the driveways and 1 April 7,1992 SUBDIVISION ITEM NO.:7 Continued parking areas.Therefore,the applicant is requesting a three year extension from the Ordinance requirement.This would allow additional time for the SB2 surface to compact and provide a better base on which to pave. 7.Staff Recommendation Staff recommends approval of the three year deferral for the required paving. PLANNING COMMISSION ACTION:(APRIL 7,1992) The applicant was represented.There were no objectors in attendance.As part of the Consent Agenda,this item was approved by a vote of 7 ayes,0 noes and 4 absent. 2 April 7,1992 ITEM NO.:8 NAME:Fairview Addition plat —reduce to acreage LOCATION:Off Arch Street Pike in Section 22, T-l-N,R-12-W OWNER APPLICANT:Minnesota Mining and Manufacturing Company/Guy Amsler,Jr.,Agent ADDRESS:1200 Union National Plaza 124 West Capitol Avenue Little Rock,AR 72201-3742 ~RE VEST: This applicant proposes to gain approval from the Planning Commission to be able to reduce part of the Fairview Addition platted land to acreage.This conversion will also involve closing part of Arch,Broadway,Spring,Center,Louisiana, Whittington,Oakwood and Granite Streets. STAFF RECOMMENDATIONS: The Planning staff recommends approval of the request as filed. PLANNING COMMISSION ACTION:(APRIL 7,1992) Planning staff offered its recommendation of approval.There were no objectors in attendance.After a brief discussion,the Commission determined to place this item on the Consent Agenda for approval.A motion was then made to that effect.The motion passed by a vote of 7 ayes,0 nays and 4 absent. 1 April 7,1992 ITEM NO.:9 NAME:Wentwood Valley Apartments LOCATION:2221 Wentwood Valley off Arkansas Valley Drive in Pleasant Place Addition APPLICANT:Herbert W.Kell,Jr.,Agent REVEST: This applicant requests a review by the Planning Commission of a Bill of Assurance Amendment.The purpose of this amendment is to reduce the minimum square footage for one bedroom units from 800 square feet to 600 square feet. STAFF REPORT: A proposed amended Bill of Assurance has been offered for staff review.In our reading of the instrument,we found no problems presented by the language that is proposed.Staff recommends approval of the amended Bill of Assurance as drafted. STAFF RECOMMENDATIONS The Planning staff recommends approval of the amended Bill of Assurance as drafted. PLANNING COMMISSION ACTION:(APRIL 7,1992) The Planning staff offered its recommendation of approval of the amended Bill of Assurance.There was a brief discussion of the proposal.Staff recommended this item be placed on the Consent Agenda for approval.A motion was made to that effect.The motion passed by a vote of 7 ayes,0 nays and 4 absent. 1 4 April 7,1992 ITEM NO.:10 NAME:Parker Water Service Request LOCATION:811 Ada Lane APPLICANT:Robert A.Parker ~RE VEST: This applicant has made a request to the Little Rock Water Works and the City staff for an extension of water service to two lots that are at this time landlocked without frontage upon a dedicated street.The applicant approached the Subdivision Committee at its last meeting with a request for resolution of his problem which involves an extension of a water main and replatting of his property to accommodate the Subdivision Ordinance requirements.The staff and Committee discussed this item with Mr.Parker with the resolution being an agreement with Mr.Parker that he would have a design professional do a four lot plat which would be submitted to the Planning Commission at its meeting on May 19,1992. PLANNING COMMISSION ACTION:(APRIL 7,1992) Richard Wood of the Planning staff reported to the Commission that this item is before the Commission as informational material only.In as much as the applicant and the Subdivision Committee had reached an understanding on his approach to solving his problem,there is no need for a vote or action by the Commission at this hearing. 1 April 7,1992 ITEM NO.:11 NAME:Capitol Keyboard PCD (Z-5178-D) LOCATION:13401 Chenal Parkway APPLICANT:Mr.Dell Rich STAFF REPORT The Planning staff has had several contacts with Mr.Rich as wellasrepresentativesoftheLittleRockCommunityTheater.Thisorganizationproposestoproducetwoorthreeofitsfourannual shows at the current location of Capitol Keyboard.The CommunityTheaterwillusethefacilitiesthatwereconstructedwithintheexistingbuildingwhichwillseatapproximately50to75personsintheaudience.The facility also contains a complete soundstageandperformancearea. The item,as presented to the Planning Commission,at this meeting is for purposes of identifying that the staff was unabletoplacethisitemontheformalagendaandgothroughallofthereviewprocessforApril7.However,this has been corrected and we will be presenting the complete material within the Zoning Agenda for April 21. The Subdivision Administrator prepared the legal ad for thisitem.It was published with this date given,therefore,we must make a public record of the hearing and formally defer the itemtothemeetingonApril21.A motion was made to this effect. The motion passed by a vote of 8 ayes,0 nays and 3 absent. 1 P L A N N I N G C O M M I S S I O N V O T E R E C O R D D A T E I — t ' & E K P A ~ C o w s s w T A w Q P A ~ r - ' E M B E R Z . l o l l l 5 c 2 + Q / 8 B A L L , R A M S E Y C H A C H E R E , D I A N E W I L L I S , E M M E T T v ' m M C D A N I E L , J O H N N I C H O L S O N , J E R I L Y N A F i O L E S O N , K A T H L E E N V O N T U N G E L N , J I M P U T N A M , B I L L W O O D S , R O N A L D A S E L Z , J O E H . W A L K E R , B R A D y , A T I M E I N A N D T I M E O U T B A L L , R A M S E Y C H A C H E R E , D I A N E W I L L I S , E M M E T T M C D A N I E L , J O H N N I C H O L S O N , J E R I L Y N O L E S O N , K A T H L E E N I V O N T U N G E L N , J I M ; 3 d P U T N A M , B I L L W O O D S , R O N A L D S E L Z , J O E H . W A L K E R , B R A D / : s 7 T t P h M e e t i n g A d j o u r n e d ~ ~ P . M . A Y E N A Y E A A B S E N T E A B S T A I N April 7,1992 SUBDIVISION MINUTES There being no further business before the Commission,the meeting was adjourned at 2:12 p.m. 0-/fez Date C airman ary