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HomeMy WebLinkAboutpc_08 29 1996subLITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD AUGUST 29, 1996 3:30 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 July 18, 1996 Planning Commission meeting were approved as mailed. III. Members Present: Members Absent: Pam Adcock.. Sissi Brandon Doyle Daniel Hugh Earnest Herb Hawn Suzanne McCarthy Bill Putnam Ron Woods Larry Lichty Mizan Rahman One Open Position City Attorney: Cindy Dawson LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA AUGUST 29, 1996 I. DEFERRED ITEMS: A. Riverdale Mini -Storage -- Site Plan Review (5-1041-A) B. Candlewood Apartments -- Subdivision Site Plan Review (S-548-I) C. Rock Ridge Addition -- Preliminary Plat (S-1184) D. Detection System Revised POD (Z-5838-A) E. HumanOSociety Long -Form PCD (Z-6165) F. Grace Lutheran Church -- Conditional Use Permit (Z-5473-A) G. Alltel -- Conditional Use Permit (Z-5737-A) H. Riverfront Drive Right -of -Way Abandonment (at Jessie Road) (G-23-245-A) I. Mason Street/Hardin Road Right -of -Way Abandonment (G-23-246) J. 14902 Alexander Road R-2 to 0-1 (Z-6159) II. PRELIMINARY PLATS: 1. H & S Subdivision -- Preliminary Plat (S-1109) 2. Heatherbrae Subdivision Phases 3 and 4 -- Preliminary Plat (5-717-F) III. PLANNED DEVELOPMENTS: 3. StaMar Driving Range PD-C (Z-6178) 4. Vogel -Jones Highway 10 PD-C (Z-6179) 5. Ragan Safe and Vault PD-C (Z-6183) 6. Dean Coffee Company PD-C (Z-6180) 7. "The Edge" - 1010 East 3rd Street PD-I (Z-6166) Agenda, Page 2 IV. SITE PLAN REVIEWS: 8. Ashley -Hankins -- Site Plan (S-1004-C) 9. Dillard's Executive Offices Expansion -- Site Plan (Z-5098-B) V. CONDITIONAL USE PERMITS: 10. Hall Day Care Conditional Use (Z-6175) 11. Garrett Conditional Use Permit (Z-6176) 12. Clark Conditional Use Permit (Z-6177) 13. Hodges Conditional Use Permit (Z-6181) 14. Jones Conditional Use Permit (Z-6182) VI. SPECIAL USE PERMITS: 15. Elrod Day -Care Family Home Special Use Permit -- located at 6717 West 65th Street (Z-6173) VII. OTHER MATTERS: 16. G-23-251 walnut Street (at Kavanaugh Blvd.) Right -of -Way Abandonment 17. G-25-172 Commerce Street (north of East Markham Street) - Street Name Change August 29, 1990 ITEM NO.• A FILE NO • S-1041 A NAME: RIVERDALE MINI -STORAGE -- REVISED SUBDIVISION SITE PLAN LOCATION: 1024 Jessie Road DEVELOPER• ENGINEER• John Haley BCC GBN (Blass Firm) Riverdale Mini -Storage 303 West Capitol Avenue 875 Union Building Suite 300 Little Rock, AR 72201 Little Rock, AR 72201 AREA: 2.91 ACRES NUMBER OF LOTS: 1 or 2 FT. NEW STREET: 0 ZONING• I-3 PLANNING DISTRICT: Heights (4) CENSUS TRACT• 15 PROPOSED USES: Office Space VARIANCES REOUESTED: None at submittal - to be determined by the right-of-way abandonment. BACKGROUND• This parcel of land is partially composed of excess street right- of-way and a remnant of the mini -storage development site. The applicant has previously attempted to gain -use of the excess right-of-way for development purposes, he is again on this agenda with a petition to abandon if all requirements of the filing can be met. The developer has not indicated at this time if there will be a replat to make this a separate lot. If that is done, it may relieve some problems with design. STATEMENT OF PROPOSAL: To construct two stories of office space above a parking structure that will provide up to 38 spaces on one level. The initial application indicates a separate drive access from Jessie Road than that used by mini -storage. A. PROPOSAL/REQUEST: The expansion of the project area of the mini -storage to add office space. This is being accomplished by submittal of a revised Subdivision Site Plan. The end product to be four buildings on a lot or possibly a two lot plat. August 29, 1990 SUBDIVISION ITEM NO.: A (Cont.) FILE NO • S-1041-A B. EXISTING CONDITIONS: This is a rough parcel of land with drainage and flood plain problems and street problems with a private road. The abutting uses are a mix of Office, Commercial and Warehouse. zoning is mixed in the this area ranging from Office to the north and east to Commercial and Industrial along the railroad right-of-way. C. ENGINEERING/UTILITY COMMENTS: PUBLIC WORKS COMMENTS: Please note address assigned by GIS (1024 Jessie Road). The design of the building will be required to comply with FEMA regulations. The parking is in the flood plain and does not have to be constructed above the Base Flood Elevation. However, the stair towers and elevator shaft will need to be at or above BFE of 256.3, or be flood proofed to this elevation. A grading plan with a Special Flood Hazard Permit is required prior to any construction. See G-23-245-A comments (right-of-way abandonment). Respond to requirements concerning the drainageway and the reconstruction of Jessie Road to Commercial Street Standards. Also, a sidewalk on Riverfront Drive shall be constructed as a part of this project. The proposed drive is too close to existing drive recently constructed and should be a minimum of 100 feet from the intersection of Riverfront Drive (a minor arterial) per City Ordinance. Recommend combining drives and using a common access point. Utilities: Sewer/exist 10" and 27" line available, contact Wastewater. Water/A main extension will be required. Fire Department will evaluate the site to determine whether additional public and/or private fire hydrants will be required. Southwestern Bell Telephone/approved as submitted. D. ISSUES/LEGAL/TECHNICAL/DESIGN: • The site plan should be redrawn to include all existing buildings. 2 August 29, 1990 SUBDIVISION ITEM NO.: A (Cont.) FILE NO • S-1041-A • Will there be a plat with this on a separate lot? • Delete parking space nine, won't work. • Indicate signage, building and pole mounted. • Turn radii on drives should be shown. • Detail on plan areas for grass or landscaping. • Detail on canopy as to height-clearance-signage, setback from new right-of-way line. (Required at 30 feet on Riverfront Drive.) • Setback from Jessie Road is 50 feet. • Fully dimension all physical improvements. The full on -site buffer width required along Riverfront Drive is 40 feet. The minimum requirement when transferring buffer area to another part of the site is 27 feet. The width of the proposed buffer cannot be determined until the right-of-way issue has been worked out. At this time, the amount of right-of-way to be added to this site from the abandonments is unknown. E. ANALYSIS• This application is premature given the several significant issues developed by staff. The right-of-way line and future property line require resolution prior to determining buffers, landscaping, setback, parking design, etc. The use and general concept is good and has possibilities after resolution of issues. F. STAFF RECOMMENDATIONS: Deferral of the request until October 10, 1996 Planning Commission meeting. UBDIVISION COMMITTEE COMMENT: (MAY 16, 1996) The staff presented its comments on the submittal, stating that there were too many issues unresolved and the drawing requires more information. The staff felt that it could not deal with the proposed building without knowing how much land is involved. Until such time as the City decides how much land will be turned back to this owner, the lot line on Riverfront Drive is unknown. A lengthy discussion was held on the subject of bringing all data and graphics up to date, by the Thursday, May 23 deadline. Someone raised a question about the railroad ownership and their participation. It was staff position that the railroad must sign 3 August 29, 1990 SUBDIVISION ITEM NO.: A (Cont.) FILE NO • 5-1041-A as a participant. A general discussion then involved the right- of-way and why the abandonment issue is before the Commission. Staff question about a need for a plat produced a response from the applicant that a plat would not be done, this will be one lot. Richard wood noted for the record that a variance will be required if this is all considered one lot, the depth of the lot east/west requires a 40 foot buffer along Riverfront Drive. The present plan cannot handle that. A brief discussion involved sidewalk and the proposed jogging trail that Parks Department is developing. No resolution was gained at the approach to in -lieu or building it. The applicant then accepted the Committee request that the requirements noted be dealt with by next Thursday, May 23, 1996. The item was forwarded to the full Commission for consideration. SUBDIVISION COMMITTEE COMMENT: (MAY 28, 1996) This applicant responded to the many unresolved issues by requesting in writing a deferral of the application to July 18th and the Subdivision Committee on June 27th. PLANNING COMMISSION ACTION: (JUNE 6, 1996) As requested by the applicant in writing, a -deferral of this item was determined to be in order. The Commission placed this item on the Consent Agenda for deferral to July 18, 1996. A motion to that effect was made and passed by a vote of 10 ayes, 0 nays and 1 absent. SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 1996) There was no discussion of this item at the Subdivision Committee meeting in as much as the applicant had not made contact with staff concerning resolution of the street abandonment or the site plan review. The Staff and Committee would suggest that the item be carried forward at least one additional review period which would place the item before the Commission on August 29, 1996. 4 August 29, 199b SUBDIVISION ITEM NO.: A (Cont.) FILE NO • S-1041-A PLANNING COMMISSION ACTION: (JULY 18, 1996) The Staff offered the applicant's request for deferral to the Planning Commission on August 29, 1996. After a brief discussion, the Commission determined it 'appropriate to place this item on the Consent Agenda for deferral. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) There was no committee discussion on this item. The applicant is still working to resolve the companion Riverfront Drive right-of- way abandonment (G-23-245-A). This item is to deferred until the October 10, 1996 Planning Commission meeting. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The Staff relayed the applicant's request for deferral to the Planning Commission on October 10, 1996. This item was included as part of the Consent Agenda for deferral. A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 5 August 29, 1996 ITEM NO.: B FILE NO.: S-548-I NAME: CANDLEWOOD APARTMENTS -- SUBDIVISION SITE PLAN REVIEW LOCATION: On the south side of the Candlewood Rd. extension, approximately 0.6 mile north of the 14000-Block of Cantrell Rd. and the Kroger Center. DEVELOPER: ENGINEER: Joe White, Jr. McCASLIN DEVELOPMENT WHITE-DATERS & ASSOCIATES, INC. 5950 Berkshire Ln. 401 S. Victory St. Suite 800 LB 37 Little Rock, AR 72201 Dallas, TX 75225 AREA: 39.32 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 3,500 ZONING: R-2 PROPOSED USES: Multi -Family Residential PLANNING DISTRICT: River Mountain (1) CENSUS TRACT: 42.05 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: Proposed is the development of a 39.32 acre tract to include construction of 260 multi -family dwelling units in 13, three- story buildings, containing 20 units each. Each multi -family building is to contain approximately 10;000-square feet per floor. Garage parking for 130 vehicles and open parking for an additional 390 vehicles, for a total of 520 parking spaces, is to be provided. The multi -family facility is to include a 5,000 square foot office and clubhouse building. Internal drives totaling 3400 feet and construction of Candlewood Rd. to the site from its "dead-end" beside the Kroger Center on Cantrell Rd. (a total length of an additional 3100 feet) are proposed. A future public street is to extend from the complex entrance, along the north boundary of the tract, another 1200 feet to the west boundary of the site. No variances are requested. A. PROPOSAL/REQUEST: Review and approval by the Planing Commission of a site plan is requested. B. EXISTING CONDITIONS: The site is undeveloped and is extremely rugged and wooded. The terrain is steep, with slopes of 22 to 40%! From the "dead-end" of Candlewood Rd., where the roadway up the slope is to begin, to the entrance drive to the apartments is a August 29, 199d SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-548 I rise of 160 feet; from the entrance to the ridge, along which the apartment buildings are to be built is another 40 feet of rise. The existing zoning of the site is R-2; however, there is a pending applicant to -be heard on May 9, 1996, for the rezoning of the site to MF-12. There is an R-4 zoned tract to the north of the site, and an R-5 tract which touches the site at the southeast corner of the property. Otherwise, all surrounding properties are zoned R-2 C. ENGINEERING/UTILITY COMMENTS: Public Works comments: The streets must conform to the Master Street Plan, with the location, width, intersections, curve radii, and grades conforming to City ordinances. The roadway to the complex should be 30 feet in width, minimum. The drive to the club house should be 27 feet in width. Drives to each wing of the complex should be 27 feet in width. A sidewalk should be included in the plans along these drives. Grading and ADPC&E permits are required prior to any land alteration. The Stormwater Detention Ordinance applies. Arkansas Power & Light Co. noted that a 20 foot easement will be required around the full perimeter of the site. Southwestern Bell Telephone Co. approved the submittal. Little Rock Water Works comments that a water main extension from the tank to the west end of Rivercrest Dr. will be required to obtain water service to this project. On -Site fire protection will be required. Little Rock Wastewater Utility comments that a sewer main extension, with easements, will be required. A capacity contribution fee will be chard for this project. Ison Interceptor fees will also be charged for this project. The Fire Department approved the plat, but notes that adequate water pressure will be required to be assured to the fire hydrants. OA August 29, 199v SUBDIVISION ITEM NO.: B (Cont.) FILE NO • S-548-I D. ISSUES/LEGAL/TECHNICAL/DESIGN: Sec. 31.13 requires "large-scale developments involving the construction of two (2) or more buildings (on a site) ... shall be subject to the provisions of this section". Because of the multiple buildings being constructed, the Subdivision Regulations require Planning Commission review and approval of the proposed site plan. Sec. 36-130(1) requires that the site plan review submittal indicate the proposed perimeter treatment of the property, indicating screening, etc. This is a multi -family development and land use buffers are required. The topography and natural timber/shrubbery may provide this, but the issue must be addressed and specifically dealt with by the applicant and the Commission. Sec. 36-130(1) requires that the location and dimension of all existing and proposed utility and street easements and all existing public improvements within the site be shown. The submitted site plan is very schematic, and it is not assumed that this requirement has been met. Also, a street (shown as a "Future Public Street") extends westward across the site. No provision for dealing with the street is made, and the dedication of such a street will "subdivide" the lot, leaving a non -conforming tract on the north side of the street. Sec. 36-130(2) requires a topographical cross-section map of the site. In this particular case, this cross-section is mandatory, and it has not been provided. Grades are 40% in some areas, and the relation of buildings to drives and parking areas is critical. Sec. 36-130(4) requires a registered land survey of the site, showing the exact property lines, and including a statement of present and proposed ownership. This has not been done. The submitted plan is not a survey and does not meet the requirements as such. The availability of public utilities has not been fully addressed. Water: A water main extension from the tank to the west end of Rivercrest Drive will be required to obtain water service to this project. On -site fire protection will be required. 3 August 29, 199b SUBDIVISION ITEM NO.: B (Cont.) FILE NO • S-548 I The areas of the site to be devoted to landscaping have not been identified. Sec. 36-502(b.d.2) specifies, for multi -family complexes, that 1% parking spaces be provided for each dwelling unit. The applicant has provided 2 spaces for each unit. The Master Street Plan currently shows Candlewood Rd. as a collector street, extending on over to Pennicle Valley Rd. The applicant, in this application, is not proposing to provide for this extension, nor to build the street to collector standards. If a change in the Master Street Plan is desired by the applicant and deemed desirable by the Planning and Public Works staffs, and concurrence is given by the Planning Commission and Board of Directors, a change should be made. Otherwise, conformance with the Master Street Plan is mandated. The Plans Review Specialist comments: The proposed building setbacks are sufficient to allow for the required buffer areas. There is sufficient area for landscaping. The development will be required to comply with both the Land Use Buffer and Landscaping Ordinances. E. ANALYSIS• The applicant reports that, with "super -elevation- of the roadway at the reverse curves going up the slope, the roadway can meet Master Street Plan requirements. ("Super- elevation- means warping, or sloping, the road bed at the curves, like is done on a race tract, so that it is not a flat road at the curved sections.) In any event, compliance with Master Street Plan standards is a requirement noted by Public Works. The internal drives, too, must meet Public Works standards. Unless the applicant is prepared to comply with the Master Street Plan, an application to amend the Plan needs to be initiated by the applicant. The issue of subdividing the property with the provision of the right-of-way along the north edge of the property needs to be addressed. 4 August 29, 1990 SUBDIVISION ITEM NO.: B (Cont.) FILE NO • S-548-I F. STAFF RECOMMENDATIONS: Staff recommends that the Planning Commission accept the applicant's request to withdrawn the Site Plan application. SUBDIVISION COMMITTEE COMMENT: (APRIL 4, 1996) Mr. Tim Daters, with White-Daters and Associates, Inc., the project engineering firm representing the applicant, was present. Staff presented the discussion outline to Mr. Daters and to the Committee members. Staff reviewed with the Committee the proposed site plan. David Scherer, with the Public Works staff, reported on the Public Works comments, and discussed in detail the issues of the standards to which Candlewood Rd. must be built, the requirement for extending Candlewood Rd. to the west, as shown on the Master Street Plan, and the requirements for the internal drives. Mr. Daters responded that he would discuss the issues raised with the developer. The Planning staff discussed the deficiencies in the submitted drawings and information, indicating, especially, that cross-section topographic information is mandatory. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (APRIL 25, 1996) Staff reported that the applicant requested a deferral to the May 9th. Rezoning Agenda, to coincide with the rezoning request on the property which will be heard on that date.' Staff recommended approval of the requested deferral, and the deferral was included on the Consent Agenda for Deferral. The deferral was approved with the vote of 10 ayes, 0 nays, 1 absent, and 0 abstentions. SUBDIVISION COMMITTEE COMMENT: (MAY 16, 1996) This item was not discussed in as much as there are continuing discussions between the developer and staff on street issues. The item requires deferral to the July 18, 1996 Subdivision meeting. PLANNING COMMISSION ACTION: (JUNE 6, 1996) This item was placed on the Consent Agenda by the Commission as suggested by the Subdivision Committee in order to permit additional time for the developer and staff to complete discussion of the street issues and the developer to determine acquisition of the property. 5 August 29, 199_ SUBDIVISION ITEM NO.: B (Cont.) FILE NO • 5-548 I The Consent Agenda for deferral until July 18, 1996 was approved by a vote of 10 ayes, 0 nays and 1 absent. SUBDIVISION COMMITTEE COMMENT: (DUNE 27, 1996) This item was not discussed at the Subdivision -Committee meeting due to the applicant's failure to provide additional information as to resolution of the site plan access and location of the primary road to the site. The Staff and Committee would suggest that this item be continued one additional deferral or until August 29, 1996. PLANNING COMMISSION ACTION: (JULY 18, 1996) The Staff offered comment to the effect that this applicant and the staff require additional time to determine the design of certain street access to serve the proposed development. Staff suggested this matter will be resolved prior to the next Subdivision Committee meeting on August 8 or staff will ask that it be withdrawn from further consideration. Staff suggested that it be placed on the Consent Agenda for deferral until August 29, 1996. After a brief discussion, the Commission determined it appropriate to defer the item to August 29, 1996. A motion to that effect was made and passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Tim Daters, project engineer asked to withdrawn the Site Plan request. The item will be forwarded to the full Commission for action on the withdrawal request. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The Staff relayed the applicant's request to withdraw the Site Plan Review. This item was included as part of the Consent Withdrawal Agenda. A motion to approve the Consent Withdrawal Agenda. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 6 August 29, 19— ITEM NO.: C FILE NO • S-1104 NAME: ROCK RIDGE ROAD SUBDIVISION -- PRELIMINARY PLAT LOCATION: Rock Ridge Road at Highway 10 (immediately south of Lake Maumelle) DEVELOPER: ENGINEER: Bob Beason White-Daters 4125 Studer Road 401 Victory Street Little Rock, AR 72211 Little Rock, AR 72201 AREA: 13.1 ACRES NUMBER OF LOTS: 21 FT. NEW STREET: 750 ZONING: None -outside PROPOSED USES: Single Family Jurisdiction of Zoning PLANNING DISTRICT: 20, Pinnacle CENSUS TRACT: 42.01 VARIANCES REOUESTED: BACKGROUND• 1) Boundary Street Improvements 2) Double frontage lots This is a semi -rural area in the west end of the planning jurisdiction. The area is in the -design -and development stages of a water improvement district. This district will probably generate a number of plats in the near future as the mains are installed. A. PROPOSAL/REOUEST: To develop a residential plat utilizing the current Rock Ridge Road and building other improvements to less than full urban standards. Septic tanks will be used in as much as there is no sanitary sewer system in the area. No phasing plan was submitted but it is assumed that the plat will be phased to meet market need for the area. B. EXISTING CONDITIONS: The topographic information is incomplete but it appears that the land rises 30± feet from Hwy. 10 to the east property boundary. There are no abrupt changes in grade. This hill mass is generally undisturbed. August 29, 19�. _ SUBDIVISION ITEM NO.: C (Cont.) FILE NO • S-1104 C. NEIGHBORHOOD COMMENTS: None at this writing. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: Contact Pulaski County for floodplain information prior to construction. Stormwater detention, ADPC&E permit, USACE permit, grading permit, and a sketch grading and drainage plan shall be approved prior to construction. Since there does not exist a Master Street Plan for this area, recommend deferral or approval based on the assumed standards. Highway 10 is a principal arterial and would require 110 feet of right-of-way with added lanes to bring to 30 feet from centerline. Staff can support a 5 foot utility and drainage easement with the existing shown 50 feet of right-of-way due to absence of a MSP. Staff does feel that since Highway 10 in this area is still rural in nature full Master Street Plan widening is not appropriate. However, staff would support a waiver of the full standards (assuming they are adopted prior to approval of this preliminary plat) with the condition that Highway 10 be widened to accommodate left turns into the two streets with appropriate shoulders. These streets are in a curve with speeds in excess of 55 MPH. 1992 traffic count is 5860 ADT similar to current collector volumes. Current pavement is 28 feet in width, col -lector standard is 36 feet. The cul-de-sacs shall be constructed to residential street standards. The lengths would indicate a need for normal residential street standards, including sidewalks. AHTD permits will be required. Street lights are required for this street and subdivision, coordinate their construction with street construction. E. UTILITY COMMENTS/FIRE DEPARTMENT: Wastewater: Outside service boundary - no comment Water: Execution of water service agreement is required. water main extension required. Arkla: OK AP&L: No response, this writing Southwestern Bell: OK Fire Department: 50 feet minimum radius on turn- around. 2 August 29, 19�_ SUBDIVISION ITEM NO.: C (Cont.) FILE NO • S-1104 County Planning: • Concern expressed about water quality in Maumelle water shed. • Septic systems should be closely reviewed by county sanitarian. • Consider width of Rock Ridge if additional lots are added. It is county maintained. • Open ditch section for improvements is OR provided design is approved by county and bonded one year. Planning Division: No comment F. ISSUES/LEGAL/TECHNICAL/DESIGN: Landscape No comment Planning Staff The following are deficiencies in the submittal and plat design. • No survey stamp included. • Source of dedication or right-of-way easement on current Rock Ridge Road. • Will there be phasing of lots. • Source of title - ownership certificates. • 750 feet unnamed street • Location of water line to service site, will septic tanks work/perk tests. • Boundary data deficient, need angles, bearings etc. • All building lines • Contour information incomplete • Abutting plats and/or owners • Legal description missing • Phasing plan • PAGIS Monument • Engineer certificate blank • Show pavement and right-of-way width on Highway 10. • Bill of Assurance is required. • Street names required, show. • Corner radii at Highway 10 on both streets G. ANALYSIS• This plat is viewed by staff of Planning as well as Public Works to be to far out of conformance to deal with at this meeting. There are a number of areas of requirement that 3 August 29, 19_ _ SUBDIVISION ITEM NO.: C (Cont.) FILE NO • S-1104 this owner may not be willing to address, such as street improvements. This engineer is placed in a difficult situation by not having done a proper survey, but working from an old survey. Much of -that survey information is not shown here. This owner needs to discuss this matter with his engineer, redraft his application and return for the August Planning Commission meeting. H. STAFF RECOMMENDATIONS: That this preliminary be deferred to the Planning Commission meeting on October 10, 1996. SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 1996) The applicant was present as was Tim Daters, the engineer for the plat. Both Planning and Public works Staff outlined what were, staff felt, to many issues to resolve at Subdivision Committee. Mr. Daters offered comments concerning the manner of the filing and what they had hoped to accomplish. A number of questions were raised by Committee members as to why the filing when it was apparently not ready. The owned indicated he was somewhat taken unaware by the staff's requirements and inability to support waivers. After commentary on how to proceed the owner decided he would agree to deferral. The item was forwarded to the full Commission for final disposition. PLANNING COMMISSION ACTION: (JULY 18, 1996) The Staff identified for the Commission this applicant's request for deferral to August 29, 1996 Subdivision Hearing. The request is based upon the Subdivision Committee meeting wherein the engineer and the owner observed more problems and developing issues than they were prepared to deal with. They have requested time to reconsider their application in time for consideration in the next review cycle of the Subdivision Committee. Staff feels comfortable with the deferral. A brief discussion of the matter was followed by a motion to place this item on the Consent Agenda for deferral. A vote on the motion produced 7-ayes, 0 nays, 3 absent and 1 open position. 4 August 29, 19: SUBDIVISION ITEM NO.: C (Cont.) FILE NO • S-1104 SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) There was no discussion of this item. The engineer submitted a letter requesting a deferral until the next Planning Commission meeting. This item is to be deferred until the October 10, 1996 Planning Commission meeting. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The Staff relayed the applicant's request for deferral to the Planning Commission on October 10, 1996. This item was included as part of the Consent Agenda for deferral. A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 5 August 29, 199u ITEM NO.: D FILE NO • Z-5838-A NAME: DETECTION SYSTEMS -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: 14703 Kanis Road DEVELOPER! Detection Systems, Inc. 14703 Kanis Road Little Rock, AR 72211 ENGINEER: The Mehlburger Firm P. 0. Box 3837 Little Rock, AR 72203 AREA: 2.92 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 Z NING: POD/Proposed PCD PROPOSED USES: Office/Mini-Storage PLANNING DISTRICT: #18 - Ellis Mountain CENSUS TRACT: 42.07 VARIANCES REOUESTED: Improvements on Kanis Road BACKGROUND• This application is the extension of a POD whereby the owner was permitted to located his business offices on the lot in a transition zone. That zone extends along the west side of Kanis, south to Cooper Orbit and north toward Pride Valley Road. Commercial is not included in the current Planned Office District. That POD maintained the balance of the tract as residential without a plan. A. PROPOSAL/REOUEST: To continue the development of this long narrow tract in a useful and productive manner. Proposed are six long buildings each about 20 feet by 250 feet long. The proposed buildings will have a painted, nonreflective, ribbed metal roof. The color is to be green. The westernmost 50 feet of the tract is proposed as a buffer. There will be RV parking adjacent.to the buffer. The POD use, detection systems will remain on the front 200 feet plus or minus. There will be a resident manager housed in this existing building. August 29, 1990 SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z-5838-A B. EXISTING CONDITIONS: The site is generally rising in elevation from the east at Kanis Road (460 feet M.S.L.) to the west end of tract (550 foot M.S.L.). This is"a 90 foot change over 1,249 feet or almost one quarter mile. This site not completely cleared and has only the front buildings currently. The site abuts a county road standard two lane road (Kanis Road) as primary access. Most abutting lands are developed similarly with Kanis uses and long somewhat unused rear areas. Public Transportation None in this area C. NEIGHBORHOOD COMMENTS: None at this writing D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: The Traffic Engineer recommends a 20 foot center isle. Do not park recreational vehicles in the rear lot. Room needed to accommodate truck turn -around. Dedicate Master Street Plan right-of-way to 45 feet from centerline. Provide In -Lieu for Master Street Plan improvements for frontage. A grading permit is required prior to construction. E. UTILITY COMMENTS/FIRE DEPARTMENT: Wastewater: Outside service boundary Water: An acreage charge will apply. On site mains and hydrant plan needed. Arkla: OK AP&L: No response at this writing Southwestern Bell: Need easements Fire Department: Need 50 foot minimum radius at west end/RV parking County Planning: No comment 2 August 29, 199,, SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z-5838-A F. ISSUES/LEGAL/TECHNICAL/DESIGN: Landscape Areas set aside for landscaping meet with Landscape Ordinance requirements. Trees and shrubs will be required around the perimeter of the site. Curb and gutter or another approved border will be required to protect landscape areas from vehicular traffic. There are many unresolved issues attendant to this project as follows: • Area devoted to landscaping needs to be defined - equal or less than code. • Show Kanis right-of-way existing and Master Street Plan. • Turning radius in RV area is not adequate - limit on length. Planning Division: The site is located in the Ellis Mountain District. The adopted Land Use Plan recommends Transition. The previous zoning was POD and Single Family (R-2) which is in conformance. The requested change expands the nonresidential use area and character. The resulting proposal is in conflict with the Plan. There has not been a change in the area to justify amendment of the Plan. G. ANALYSIS• The dimensions of the site are approximately 120 foot of frontage on Kanis Road by 1,200 feet deep. The Land Use Plan indicates that this proposal would be appropriate for only the first 150 feet west of Kanis Road. Beyond that point to the west, the Land Use Plan calls for Single Family. H. STAFF RECOMMENDATIONS: Deferral of this item until the Planning Commission meeting of September 12, 1996. During the continuance, staff will review the Land Use Plan for this area and report back to the Commission on September 12, 1996. 3 August 29, 1990 SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z-5838-A SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 1996) Mr. Frank Riggins was present for the application. He offered comments in support of the application. Planning and Public Works staff presented'a lengthy list of design issues that perhaps the owner has not thought through. Some of these were noted as fire and safety issues and needed additional work. The Committee questioned Mr. Riggins about time and the possibility of deferral. After discussion of all the issues, the Committee suggested placement on Consent for deferral and bring it back next month. PLANNING COMMISSION ACTION: (JULY 18, 1996) The Chairman asked that Staff present this item for discussion. The staff offered its recommendation which was this proposal be placed on the Consent Agenda for deferral until August 29, 1996 meeting. Staff stated the reason for the deferral was that there were a sufficient number of problems at the Subdivision Committee level which precluded the completion of a review in time for the Planning Commission's hearing on this case. The Subdivision Committee directed that this item be placed on the Consent Agenda for deferral. Without further discussion, the item was placed on the floor for a motion. A motion was made to add this item to the Consent Agenda for deferral until August 29, 1996 meeting. The motion was seconded and passed by a vote of-7 ayes,- 0 nays, 3 absent and 1 open position. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Frank Riggins was present to represent the applicant. Planning Staff reviewed with the engineer the deficiency list prepared at the June 27, 1996 Subdivision Committee meeting. Mr. Riggins unveiled an updated layout which answered the Fire Department turnaround concerns. However, many of the questions from staff remain unanswered. Mr. Riggins agreed to submit a revised plan. The item is to forwarded to the full Commission provided that a revised plan is submitted to staff no later than 5:00 p.m. Thursday, August 15,-1996. 4 August 29, 199u SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z-5838-A PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The Staff relayed the applicant's request for deferral to the Planning Commission on September 12, 1996. This item was included as -part of -the Consent'Agenda for deferral. A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 5 August 29, 19. ITEM NO.: E FILE NO.: Z-6165 NAME: HUMANE SOCIETY OF PULASKI COUNTY -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: 14600 Colonel Glenn Road DEVELOPER: ENGINEER: Humane Society of The Mehlburger Firm Pulaski County Frank Riggins 14600 Colonel Glenn Road P. 0. Box 3837 Little Rock, AR 72210 Little Rock, AR 72203 227-6166 375-5331 AREA: 3.46 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: "PCD" Proposed PROPOSED USES: Humane Society Animal Shelter PLANNING DISTRICT: #18 - Ellis Mountain CENSUS TRACT: 42.07 VARIANCES REOUESTED: 1) Street Improvements along Colonel Glenn Road 2) Filing fee BACKGROUND• This application is the culmination of much effort and time in design, site search and fundraising. Planning Staff has over time assisted in attempts to locate a good affordable properly zoned site with the result that the society has chosen to remain on the existing site. The property is zoned R-2 as is much of the area adjacent. A PCD was chosen as the vehicle since it afforded site plan review for all involved and would probably be better received. A. PROPOSAL/REOUEST: A one lot PCD with one primary structure and removal of all existing building and use areas once constructed. Parking, landscaping-and•all basic elements of ordinance are addressed. August 29, 19__ SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z-6165 B. EXISTING CONDITIONS: A tract of land occupied by a varied and nonfunctioning or poorly functioning animal compound. Much of the activity is outdoor.' " The' parking -does not -meet any -standard of design. Maneuvering of cars on the site involves the street creating a hazard. There are multiple buildings and pens crowded onto mostly the east one-half of the site which has over time had many of the trees removed. Colonel Glenn Road is a principal arterial street on the Master Street Plan but is a two lane county asphalt road. C. NEIGHBORHOOD COMMENTS: Staff has at this writing received numerous calls primarily from adjacent owners opposing the project. There are ten letters in the file from objectors. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: Contact Pulaski County for floodplain information prior to construction permit. Street improvements for this principal arterial are required. Dedicate right-of-way to 55 feet from centerline and construct 100 percent of culvert crossings to accommodate a 25 year rain event. Street improvements involve -widening to 30 feet from centerline with a sidewalk. 1992 traffic count appears to be in the 3000 to 5000 ADT range for the section adjacent to site. E. UTILITY COMMENTS/FIRE DEPARTMENT: ilities and Fire Department/County Plannin Wastewater: Outside service area - No comment Water: Has existing service, contact Water Works if additional service is needed. AP&L: No response at this writing Arkla: OK Southwestern Bell: OK Fire Department: Outside city limits County Planning: OK 2 August 29, 19-., SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-6165 F. ISSUES/LEGAL/TECHNICAL/DESIGN: Landscape Areas set aside for buffers meet with ordinance requirements... "A six foot high* -opaque --screen, either a wooden fence with its face directed outward or dense evergreen plantings, will be required to screen the business activity of this site from adjacent residential properties to the north, east and west. Existing natural dense vegetation on site can count toward fulfilling this requirement. The Landscape Ordinance requires that six percent of the interior of the vehicular use area be landscape with interior islands. The proposed western parking area will require 544 square feet of interior landscaping while the proposed eastern parking lot is short of -the 1,116 square foot interior landscaping requirement by 243 square feet. Curb and gutter or another approved border will be required to protect landscape areas from vehicular traffic. The following are the follow-up items on the PCD submittal and basic questions about development. • Timing on existing building removal • Site lighting, how tall, how many, where placed and directed. • On site drainage features • Treatment of outdoor runs • Hours of operation • Signage, building and freestanding • Any overhear doors • Dead animal disposal • Sound systems, external • Dumpster, treatment and pickup time • Number of full time personnel, paid or otherwise. • Will there be a full time on site manager? Planning Division: The site is located in the Ellis Mountain District. The adopted Land Use Plan recommends Single Family. There has been no.change in the area. There is -no justification for plan amendment at this time. 3 August 29, 195_ SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z-6165 G. ANALYSIS• The Planning Staff has been acquainted with some of the needs, issues and players in this development proposal for sometime This-- includes -people -on both sides of the issue at hand. We are well aware that this property was not included at the time of the extraterritorial zoning establishment. The concerns that we have voiced to those involved is that how such a project is done is at least as important as whether it is done. There are few sites that we can point to as alternate locations, but each of them has negatives much as the neighborhood at hand. The thorough review of this project by staff, City Engineer and myriad others will surely produce an end -product that can better suit all involved. We do not feel that simply saying no and remain as is a solution. We feel the nonconforming status has some value to staying here and rebuilding. A planned development is an acceptable means of doing so. H. STAFF RECOMMENDATIONS: Staff recommends that the project be approved but that it be retitled as a PD-C in as much as all the uses included within this building are one use. we strongly recommend neighborhood involvement as well as addressing all of the many design issues raised by Planning and Public Works Department in paragraphs D, E and F above. SUBDIVISION COMMITTEE COMMENT: - (JUNE 27, 1996) The application was represented by Mr. Frank Riggins of the Mehlburger Firm. Mr. Riggins was accompanied by others as agents of the Humane Society. Mr. Riggins presented the application and addressed the concerns offered by City Staff. A lengthy discussion followed with numerous questions about traffic, drainage, construction and others. Chief among these was a question as to whether the Humane Society has met with neighbors. The response was no, and this prompted the Committee to direct they do so, before the public hearing. David Scherer, of Public Works, offered comments on traffic and access plus safety issues attendant to the current poor parking arrangement. The curb cut spacing at less than 300 feet was not viewed as a problem since there is over 200 feet between them and a long property front on the street. 4 August 29, 19:,, SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z-6165 PLANNING COMMISSION ACTION: (JULY 18, 1996) Prior to the initiation of discussion of this item, the Chairman offered extended comment on the effects of the shortage of commissioners at this-meeting"arid"-the"potential effect upon such an item as the one about to be presented. Steve Giles of the City Attorney's Office offered comments. His comments had to do with the applicant's ability to bring an application back to the Commission of the same or substantially the same request within one year of action. The item about to be heard is a rezoning or a PCD item which has to go to the City Board. So to make a point of clarification, the City Attorney in concurring with Jim Lawson determined that should this item not receive the required six votes for approval or denial, it would go on to the City Board of Directors with a recommendation of denial. The Chairman then identified that the application belongs to the applicant and they had a right to present their case and proceed with the application before the Commission. Richard Wood, of the Staff, injected at this point a statement that perhaps the staff needed to layout the basic issues and offer staff recommendation. The Chairman concurred in this comment and asked that staff proceed. Wood stated that he would make a brief comment and offered that David Scherer, of Public Works, perhaps could offer some commentary on the street improvements that would be involved. Wood proceeded to read the staff recommendation and presented the application as a PCD. He outlined the basic issues and the staff position being one of approval supporting maintenance of a use that is already there. The proposal before the Commission would only improve the circumstances. At the end of Wood's comments, Jim Lawson of the Staff offered a comment. He had received information that there was a property line dispute involved in this issue about to be presented, but this is not an issue the Planning Commission could resolve. The Chairman commented this was a title issue and the title company had apparently made the description error. However, this would be resolved. David Scherer, of Public Works, then came forward to offer a brief comment. Mr. Scherer's comments included notations on the type of street improvements which would be constructed if this plan is approved and the difference between this and the Master Street Plan requirement. He also discussed the spacing on the driveways which would be required normally 300 feet, but in this case they 5 August 29, 19-, SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-616 are somewhat closer. The total property frontage is a quite long frontage. Scherer also commented on the drainage issues which have been discussed by the developer and Public Works and those have been covered. Chairman- Putnam stated -he �f elt -like the -Commission needed to backup a little bit to a point where we could identify the spokeperson or persons for the Humane Society and what they wish to do in these circumstances. Wes Lowder came forward identifying himself with his firm as being an agent for the Humane Society in this application. Mr. Lowder stated that he hated proceeding under these current circumstances with the unforeseen attendance problem with the Commission and the large number of people present. These folks have to come back for another hearing at a later date, if deferred. He stated, -even though the Commission might have a problem with the vote, even if someone abstains, the item will still have the opportunity of proceeding to the Board of Directors for a hearing at that level." Chairman Putnam asked Mr. Lowder if his constituents or the applicants were in accordance with this comment. Mr. Lowder stated that in the interest of time and considering the agenda today and the number of people here, he did not want all of his side of the issue or the involved parties to speak to the Commission on the application. At this point, Mr. Lowder asked that all the persons present in the room on the Humane Society issue being for the application to please stand. There were a number of persons standing, approximately 20 people. At this point, Mr. Lowder identified Mr. Frank Riggins of the Mehlburger Firm as being the person who filed this application and attended the Subdivision Committee and that he would offer the presentation. Chairman Putnam directed a question to a Mr. Engstrom, the lead person for the opposition to the Humane Society proposal. The question being whether or not they had concerns about the applicant proceeding with making a presentation of the application before hearing from the objectors. Mr. Engstrom's response was that they should proceed with presenting the application. Mr. Frank Riggins then came forward and proceeded to offer commentary on the application. He offered a brief presentation of the issue and restated some of the points raised by Richard Wood, of the Staff, and the staff recommendation. He -first _.stated this is a.3 1/2 acre tract located along the north side of Colonel Glenn Road and this property had been occupied approximately 20 years by the Humane Society with the previous user being a chinchilla or fur ranch of some sort. He stated the proposal before the Planning Commission August 29, 15_,) SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-61 was a state of the art replacement structure or facility for the existing activities on the property. He briefly identified the existing circumstance for the buildings and grounds being in a state of poor repair with a strong need for upgrade. "He stated that the Humane --Society is currently involved in a fund raising program to construct this building. He identified the intended structure to serve the kinds of animal maintenance and care which the current building provides, except it would be provided in an enclosed building plus allowing four educational office space, treatment rooms, adoption rooms and such. He stated the primary intent is to keep the animals indoor with some of the cages having guillotine type doors so that the animals can get fresh air and spend some time outdoors as well as allowing maintenance of their cages on the interior. The animals would be retained on the inside of the building at night. He described the proposed plan as allowing more on -site parking so as to resolve the current problems on -site. He stated the plan would provide for landscaping buffers and landscaping in accordance with city code. He also restated a comment offered by David Scherer, of Public Works, that in this redevelopment there will be an additional lane provided on Kanis Road so as to provide a left turn lane to enter and exit the property. He stated the hours of operation will be from 1:00 to 8:00 p.m. from Monday, Tuesday and Thursday and on Saturday and Sunday from 11:00 a.m. to 6:00 p.m. The facility would be closed to public on Wednesdays. There will be one ground mounted monument type sign on the Colonel Glenn frontage and that the parking lot lighting will be programmed to go off one hour after the facility closes each day. In closing his comments and presentation, he requested the Planning Commission's aid and assistance in the continuance of the Humane Society's program and efforts on this property. He stated that a "no" vote by the Planning Commission will simply keep them there where they are in the current facilities and would keep all of the other elements in place such as the poor parking, backing into Colonel Glenn, outdoor cages, etc. A "no" vote would be rejection of what they feel will be a significant improvement of what is there now. The Chairman then turned his attention to the cards of speakers which had been turned in previously. He identified that there were three persons that had signed cards. After identifying them as being present, the Chairman then recognized Mr. Wes Lowder who came forward again. He. stated for the record that there 15+ people present that he had encouraged not fill out cards and simply not overburdening the Commission's time with excessive number of speakers. He closed his comment by saying that he would appreciate these people being granted the same opportunity 7 August 29, 19_ SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-6165 to speak that the opposition would be granted if they are all allowed to come forward to address the issue. Chairman Putnam identified that the Planning Commission had recently established a time line for hearing public hearing items and 45 minutes is the..alloted-time for -hearing -a case with both sides of the issue. Mr. Lowder stated that he wished to proceed with the three persons present, who wish to speak to the application. The first one to come forward was Ms. Shawna Skoronski. She made a single statement which was she wanted to hear the opposition's comments before proceeding. A brief discussion followed involving the Chairman and the City Attorney as to the appropriateness of the procedure suggested by Ms. Skoronski. Steve Giles,of the City Attorney's Office, responded by saying that the bylaws proposed that the applicant present a case then the opposition. Again Ms. Skoronski stated that she would like to hear what the opposition is from those persons present. She appreciates the Commission's position relative to the bylaws, but she would like to know what those items are that she needs to respond to.. A lengthy discussion followed involving the City Attorney and several commissioners as to the appropriateness of the action to be taken with no resolution. The Chairman then asked Ms. Skoronski if there were others present on the "for" side of the issue that wished to address the Commission at this time. She stated that there were not. It was agreed upon between Ms. Skoronski and the Chairman that he then offer the floor to the opposition. Mr. Steve Engstrom came forward as the principal or the leader of the opposition. Mr. Engstrom offered comments to the effect that he was the unofficial leader of the opposition representing most of the people that live in the valley below Ellis Mountain and in close proximity to this application. He requested that everyone present in the room in opposition to this application please stand (20+). He followed up by asking those who live in the valley remain standing and others be seated. He then turned his attention to those persons present who identified themselves as being in support of the application stand, if they lived in the valley. He proceeded with his presentation by identifying himself as an attorney and as resident of the area since March 1974, prior to the Humane Society's movement into the valley. Engstrom indicated that his patio and other outdoor facilities of his residential property had been affected by the activities of the Humane Society. He stated that his attendance at the meeting today was for one primary reason, to act as a panel moderator for a number of persons who wish to make prepared statements. He 8 August 29, 19_ . SUBDIVISION ITEM NO.: E (Cont.) FILE NO Z-616 stated that the opposition had worked diligently toward making a presentation and would present an organized objection in a serial manner. The objections would be presented by topics and by different spokespersons. He then moved -his- comments - to a statement that -he felt the Humane Society served a community purpose and was a noble cause. He did not want the issue of their activity in this regard to cloud the issue. He stated the issues which he saw were: first, being the enterprise as it exists and as proposed is simply to big for that site and whether the application presented to the Planning Commission is flawed in several respects with regard to noise and traffic, with waste and with regard to poor management. And last, they have too much going on to put it right here meaning that site. Engstrom identified the first speaker for the opposition as being Andrew Hubert. Mr. Hubert came forward and presented a brief statement then identified that he and his companion had bought a sound level meter to perform certain sound tests from certain distances. He stated that the presentation he was about to make was a recording of the noise level at approximately 60 feet from the outdoor pens. He then proceeded to produce a sound measuring device and a recording device on which he played back a tape of multiple dogs barking. At this point the tape becomes too noisy to pick up conversation which was attempted by Mr. Hubert above the noise of the tape playing and some of comments he offered had to do with the level of sound recording and pain threshold for a person observing these noise levels. He stated that this noise goes on behind the Humane Society at all hours of the day and night. - After the playing of the tape, Mr. Hubert proceeded to offer some additional commentary. He introduced and identified a resident of the area by the name of Mrs. Beverly Williamson. He stated that this person had recently had their residence appraised and had been told by their appraiser that the value was reduced by the presence of the Humane Society. He stated that persons in the area were unable to entertain due to constant noise coming from the facility. Mr. Hubert then demonstrated with the assistance of another gentleman the coping skills utilized by neighbors in order to sleep at night. Much of the following conversation was off the microphone and was not legible but had to do with certain plugs that were inserted in the ears in order to baffle the sound disturbance. Mr. Hubert..continued..his-commentary by stating that others in the area utilized the same thing plus fans or other devices to shield themselves from the noise disturbance. He stated a key question then as how all of this new facility provided for a reduction of these issues. He stated the construction of this building will bring the noise closer to residents than current and will 9 August 29, 19__ SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-61 increase an already intolerable situation and the increase in the number of dogs and traffic would inevitably increase an already bad situation. In closing, Mr. Hubert commented that as far as he knew all other central Arkansas -facilities of. -similar -nature are completely enclosed and he did not feel they were able to address the noise factor on the currently owned parcel. Mr. Engstrom then identified the second person as a presenter, Mr. Erin Glitten. Mr. Glitten proceeded to offer comments and in lieu of those that had been proposed by his father. He indicated that his propose in speaking was to address the issue of traffic. He pointed out safety related issues relating to traffic in this section of Colonel Glenn Road upon which a number of the persons present in opposition currently lived. He identified the Humane Society as being located on a short but dangerous stretch of Colonel Glenn Road. He identified the road as being very narrow with no shoulders and open ditches and a continuous set of blind curves. He identified that there were countless accidents over a period of years in this stretch of the roadway. He proceeded to offer statistics from the County Sheriff's Department and the Arkansas State Police which resulted in him saying that 31% of the accidents along Colonel Glenn Road in this part of the county were produced in this area which is 10% of the roadway. He then turned his comments to the Little Rock Master Street Plan and identified that which is required by ordinance and this was a principal arterial with 110 feet of right-of-way and would be at least five lanes with turning movement lanes provided. He also pointed out that the future development -to -this roadway to that standard is a considerable period off. He stated the right-of- way required for Colonel Glenn Road substantially reduces the amount of area available for the development of the site. He felt the dedication of right-of-way would reduce the property from over 3 acres to about 2.55 acres. This gentleman closed his remarks. Mr. Engstrom then identified the next speaker, Dr. Howard Stephens and Dr. Mary Baeyens. These two speakers addressed the subject of water and waste treatment. Dr. Stephens came forward and identified himself as having been past president of the Pulaski County Humane Society. He stated that he felt like at the time they moved to this location their size was appropriate to the amount of land being occupied and was adequate for the number of animals they were keeping. He identified a flood instance of the earlier occupancy by the Humane Society and the destructive effects of that flood. Most of the facility being under water. He offered photographic evidence of this circumstance. M11 August 29, iS , SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z-6165 As a nonconforming use on this premise within a single family neighborhood, they should go along at their current pace. But once they initiate an application to broaden their activities and expand, they have too much planned for this site and the neighborhood simply does not believe them when they offer the large parking -lots, -the large building and other activities on this narrow sliver of land. He felt this issue should be placed on a tract of land that is large enough to give an effective buffer. He stated 20 acres somewhere would solve the noise problem and other such activities. He stated that he did not believe them when they said they could not go some place else. At this point, Ms. Skoronski came forward again and offered a question to the staff. The question being did not the staff attempt -to help the society earlier in attempting to locate another site that would be adequate. This generated a discussion between several parties of which some were lost because generally they were not speaking into the microphone. Jim Lawson addressed the Chairman saying he thought at this point, Mr. Lowder wanted to address the Commission relatively to a deferral of his application. Mr. Lowder came forward and stated for the record that they would like a deferral and an opportunity to answer some of the neighborhood's concerns. Jim Lawson then offered a statement which ended by offering the staff's assistance in setting up such a neighborhood meeting and identifying the Commission's issues which would be dealt with at that meeting. However, he specifically stated that he wanted to hold a civil meeting and address issues such as were addressed today and not where neighbors said they simply do not want the Society on this property. Therefore, the only purpose of that meeting would be to attempt to clarify the issues. However, this meeting would not be a meeting for him to attempt to gain the neighborhood support for the Humane Society. Commissioner Earnest inserted a thought that the issues to be addressed should be on the material submitted to the Commission. He identified items 1 through 5 on the petition. Jim Lawson, of the Staff, accepted this as the direction for staff and for the meeting. Commissioner Lichty then identified a person in the audience and asked him to come forward to make a comment if he had one to offer. This gentleman.identified himself as Cole Williamson who is a resident of the Colonel Glenn area. The question that he posed was did not the Planning Commission offer to this group as well as others at the beginning of the meeting the opportunity to defer their case if they felt uncomfortable with the attendance of the Commission at this time. 11 August 29, 195 SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z-6165 The question was clarified by Staff and identified by the Chairman that this issue dealt with the quorum present and those persons who may have desired a deferral due to that circumstance. The Chairman then offered an extended explanation of what he attempted to do at the early part of the meeting and it was the applicant's option to pursue the hearing at a later time. The Chairman then recognized Commissioner McCarthy who stated that she hoped the land boundary dispute could be resolved before it comes back to the Planning Commission. Jim Lawson pointed out the Planning Commission could not resolve the land dispute and he felt like the City Attorney's Office supported us in this contention. He stated that he proposes no structure or physical improvement be located in such a fashion as to encroach upon the disputed boundary. Commissioner McCarthy then stated her appreciation to the neighborhood opposition and congratulated them on doing a very good presentation. She also stated for the neighborhood that they should not leave here feeling this was all for naught but the issues were well presented and the Commission did hear them. Maybe once the neighborhood and the applicant are together and discuss this, some of the issues can be resolved. Commissioner Hawn then offered a motion. The motion being that this item be deferred until such time as the meeting can be held under the chairmanship of Mr. Lawson of the Staff. The motion was seconded and passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) There was no representative of the project present. Staff indicated that a meeting between the neighbors and project proponents is scheduled for Wednesday, August 21, 1996, 6:15 p.m. at the Metro Plan Conference Room 501 West Markham Street. This meeting was setup at the request of the Planning Commission at their July 18, 1996 meeting. The Committee forwarded this item to the full Commission for action. 0IVa August 29, 195 SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z-6165 PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Chairman Woods announced to the audience that any applicant on the agenda who wishes to have their item heard by the full Commission can request- -a-deferral at this time. Mr: Wes Lowder of the Mehlburger firm requested a deferral to the Planning Commission meeting on October 10, 1996. This item was included as part of the Consent Agenda for deferral. A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 13 August 29, 1.,96 ITEM NO.: F FILE NO.: Z-5473-A NAME: Grace Lutheran Church - Conditional Use Permit LOCATION: Northeast corner of Hillcrest Avenue and North Lookout Drive OWNER/APPLICANT: Grace Lutheran Church/ Richard W. Groh PROPOSAL: A conditional use permit is requested to allow for the construction of a church family life center on this R-2 zoned church property. A setback variance is requested for the proposed family life center along Hillcrest Avenue. ORDINANCE DESIGN STANDARDS: 1. Site Location: The church is located at the northeast corner of Hillcrest Avenue and North Lookout Drive, across Hillcrest Avenue to the north from Mount St. Mary Academy. 2. Compatibility with Neighborhood: The property immediately north and east of the proposed family life center is zoned R-2 and contains single- family residential structures. The church owns the house at 5101 North Lookout. The property to the south (across Hillcrest Avenue) consists of the Mount St. Mary Academy development. The property across Lookout Drive to the west contains a multifamily residential development and commercial uses along Kavanaugh Blvd. The proposed use should not have an adverse impact on the surrounding properties. 3. On -Site Drives and Parking: Two access points are proposed along Hillcrest Avenue. August 29, i>96 SUBDIVISION ITEM NO.: F (Cont.) FILE NO • Z-5473-A The proposed use will not require any additional parking, as the church's seating capacity will not change. There is an existing 17-space parking lot on the site. A 20+ space parking area is proposed with the family life center development. This additional parking should help alleviate some of the on -street parking along Hillcrest Avenue. 4. Screening and Buffers: Areas set aside for buffers and landscaping for the proposed vehicular parking and driveway meet with ordinance requirements. A six foot high opaque wood fence with its face side directed outward or dense evergreen plantings will be required to screen this site from the residential properties to the east. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. Because of the size of the proposed expansion an upgrade in landscaping toward compliance with the Landscape Ordinance will be required where any existing deficiencies exist. 5. City Engineer Comments:. Provide stormwater detention analysis and provide a sketch grading and drainage plan prior to construction. Dedicate right-of-way for Hillcrest Avenue to 30 feet from centerline and construct 1/2 street improvements from Kavanaugh to the east to 18 feet from centerline with a sidewalk. Current street is less than 27 feet in width. Mount St. Mary's is planning similar widening with future construction on the opposite side of Hillcrest. Together a 36 foot street would meet ordinance and be of great benefit to both facilities. 6. Utility and Fire Department Comments: Little Rock wastewater - Sewer service available, not adversely affected. If pump station is required for basement area of project, utility approval is required. Little Rock Fire Department - Additional fire hydrants may be required. 2 August 29, 1y96 SUBDIVISION ITEM NO.: F (Cont.) FILE NO • Z-5473-A Southwestern Bell - Retain existing easements to maintain existing cables. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of a family life center on the R-2 zoned Grace Lutheran Church church property at the northeast corner of Hillcrest Avenue and North Lookout Drive. The proposed family life center would be located immediately east of the existing church building, on the east side of the alley right-of-way. The applicant has also filed a right-of-way abandonment application for the alley (G-23-250). The proposed family life center will include a daycare center (presently housed in the existing church building), a kitchen, a church office area, and an area to be used for general church -related activities. The architectural design, exterior walls, windows, entrances, roof slopes and finishes will be of the same materials and design as the original church building. The applicant is also proposing to add 20+ parking spaces to the site. The majority of these spaces will be located on the east side of the proposed family life center, with a few spaces possibly being located on the north side of the building, between the building and the asphalt driveway. As noted earlier, the proposed building will not require any additional parking, but the additional parking proposed will help alleviate some of the on -street parking along Hillcrest Avenue. The applicant is also requesting a setback variance for the proposed building along Hillcrest Avenue. The required front -yard setback along Hillcrest Avenue is 25 feet. After right-of-way dedication for Hillcrest Avenue, the applicant is proposing a setback of 8.5 feet. This particular setback is requested because it is the churches wish to "line up" the proposed family life center with the existing church building. In addition to the alley right-of-way, the church property immediately east of the existing church building contains three (3) single-family residences and a portion of the abandoned Van Buren Street right- of-way. The church has offered the three (3) single- family residences to be moved to other areas of the Hillcrest neighborhood, or otherwise removed. On October 8, 1991, Grace Lutheran Church was approved for a conditional use permit to demolish the 3 August 29, Iv96 SUBDIVISION ITEM NO.: F (Cont.) FILE NO • Z-5473-A residential structure at 5111 N. Lookout and convert the lot into a parking area to serve the church. As a condition of approval, the church agreed in writing to a five (5) year moratorium on any further demolition of their buildings. The moratorium included residences on property then owned by the church or purchased within the five year period. The church will not remove the three (3) single-family residences prior to October 8, 1996. Based on the uses and zoning in this general area, the proposed church family life center should not have an adverse impact on the surrounding properties. 8. Staff Recommendation: Staff recommends approval of the conditional use permit application and of the requested setback variance, subject to compliance with the following conditions: 1. Compliance with the Screening and Buffers Comments 2. Compliance with the City Engineer Comments 3. Compliance with the Utility and Fire Department Comments 4. The alley right-of-way must be abandoned. 5. None of the three single-family residences are to be removed from the site prior to -October 8, 1996. 6. None of the three single family residences are to be removed from the site prior to the church obtaining a building permit for the family life center building. SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 1996) Julius Breckling and Dick Groh were present, representing the application. Mr. Breckling gave a brief description of the proposal. David Scherer (Public works) and Bob Brown (Site Plan Review) reviewed their comments with the Committee. There was a brief discussion of the proposed church expansion and the neighborhood in general. The requested setback variance and the moratorium on building demolition were discussed briefly. 4 August 29, 1596 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-5473-A The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JULY 18, 1996) Julius Breckling and Herman Bemberg were present, representing the application. There were three persons present to speak in opposition to the item. Staff presented the item, and informed the Commission that the applicant had requested a deferral of the item. Herman Bemberg, representing the church, gave a brief description of the proposal. Mr. Bemberg stated that he would request a deferral of the item. There was a brief discussion as to whether a deferral of the item would be appropriate. Jim Vandenberg, of the Hillcrest Residents Association, stated that he would also like for the item to be deferred in order for the church to work out additional details with the neighborhood. Drexel Jordan, 5014 Hillcrest Avenue, informed the Commission that he was "straddling the fence" regarding this item. He stated that he had concerns regarding the proposal. After a brief discussion, -aa-motion was made to defer this item to the August 29, 1996 Subdivision Agenda. The motion was approved by a vote of 7 ayes, 0 nays, 3 absent, and 1 open position. The applicant was directed by the Commission to meet with the neighborhood and attempt to resolve any outstanding issues. STAFF UPDATE: On August 15, 1996 a neighborhood meeting was held at Grace Lutheran Church. Jim Vandenberg was present, representing the Hillcrest Residents Association. Several of the church's neighbors were also present. The church's day care was one of the issues discussed. The church representatives confirmed that the existing day care, which is licensed by the state of Arkansas for a maximum of 31 children, would remain at that same operating level which has existed on the site for a number of years. The church 5 August 29, 1996 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-5473-A representatives stated that the day care would be moved into the new family life center building but would not increase the number of children cared for. Another issue discussed was the removal of the three residences. Jim Vandenberg expressed interest in having the residences moved to vacant lots in the area. Mr. Vandenberg stated that he possibly knows of a property owner who could take the homes. After further discussion, the church representatives and Mr. Vandenberg agreed that none of the three single family residences would be removed from the site prior to the church obtaining a building permit for the family life center building. This will give the Hillcrest Neighborhood Association more time to find a recipient for the houses. This will be made a condition of approval by staff. (See "Staff Recommendation" #6) The church representatives also assured Mr. Vandenberg that the architectural style and quality of the family life center building would be the same as the original church building or the family life center would not be built. There were other brief discussions regarding the parking situation and the new proposed parking area, the overall site design and the Public Works, requirements. When discussion concluded, Mr. Vandenberg stated that he was pleased with the overall plan and stated that the Hillcrest Residents Association was in favor of the project. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. 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 was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. A August 29, 1y96 ITEM NO.: G FILE NO • z-5737-A NAME• LOCATION• OWNER/APPLICANT• Alltel - Conditional Use Permit 7525 West Markham Street Faith Evangelical Lutheran Church/Alltel by Carrick B. Inabnett PROPOSAL: A conditional use permit is requested to allow for the construction of a 103 foot tall cellular communications monopole tower and an 11 foot by 24 foot equipment building on this R-2 zoned church property. A height variance has been requested for the monopole tower. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site is located at the southeast corner of West Markham Street and Mississippi Avenue. 2. Compatibility with Neicrhborhood: The surrounding neighborhood is exclusively single family residential, zoned R-2. Faith Evangelical Lutheran Church has existed at this site for 20+ years. Staff feels that the proposed monopole tower will not be compatible with the established single-family residential neighborhood. 3. On -Site Drives and Parking: Access to the site can be gained by utilizing an existing drive from Mississippi or West Markham Street. Parking will be provided at the tower site for a service technician who..will occasionally visit the site for maintenance purposes. No additional parking is required. August 29, -L196 SUBDIVISION ITEM NO.: G (Cont.) FILE NO • Z-5737-A 4. Screenina and Buffers: No Comments 5. City Engineer Comments: Provide Master Street Plan right-of-way for Markham Street. Master Street Plan calls for 80 feet or 40 feet from centerline. Mississippi requires 80 feet or 40 feet at intersection plus additional right-of-way as required for a right -turn lane. Thus 50 feet from centerline. 1992 traffic counts are 19,110 for Markham and 11,720 ADT for Mississippi in the area of this intersection. 6. Utility Comments: No Comments received. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of a 103 foot tall cellular communication monopole tower and an 11 foot by 24 foot equipment building on this R-2 zoned existing Faith Lutheran Church property. The proposed monopole tower will be located at the southeast corner of the existing church building, approximately 25 feet north of -the -residential property which fronts on Briarwood Drive. The base of the tower will be enclosed by a small masonry wall. Additionally, three (3) crosses will be placed on the monopole. These crosses will be approximately 12 feet in height and 5 feet wide and will be mounted at the top of the monopole, one at each corner of the triangular -shaped antenna structure. The crosses and the monopole will be painted white. The proposed equipment building will be located along the east side of the church building. The equipment building will be located within an open below -ground area which the church utilizes as a playground area. The equipment building will not be visible from west Markham Street or the adjacent residential properties. The applicant is also requesting a height variance for the monopole tower. A height of 103 feet is requested for the tower, which exceeds the maximum height (75 feet) allowed by ordinance. 2 August 29, !.,96 SUBDIVISION ITEM NO.: G (Cont.) FILE NO • Z-5737-A Alltel is proposing this monopole tower site in order to provide better service to its cellular customers in this area along West Markham Street. Alltel has expressed to Staff that none of the nearby commercial or industrial zoning (in any direction) and none of the nearby existing structures (the AT&T tower at Rushing Circle, the Southwestern Bell tower at Cantrell and Keightly Road) will suit their needs. Alltel has also informed staff that co -location on this proposed tower would be possible, but it would depend on the particular antenna request. The proposed monopole tower site will be located in the heart of an established single-family residential neighborhood. In staff's opinion, this proposed use will not be compatible with the surrounding neighborhood. 8. Staff Recommendation: Staff recommends denial of the conditional use permit application. Staff feels that the proposed monopole tower is not compatible with the surrounding established neighborhood. SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 1996) Carrick Inabnett along with representatives from Alltel were present, representing the application. Staff gave a brief description of the proposal. There was a general discussion relating to the proposed location of the monopole tower. The applicant stated that this particular site is needed based on the existing infrastructure of towers within the city. There was also brief discussion relating to possible co - location on this proposed tower and the proposed location of this tower within the church property. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JULY 18, 1996) Carrick Inabnett and Alissa Coffield were present, representing the application. There were several objectors present. 3 August 29, -L196 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-5737-A Staff presented the item, and informed the Commission that the applicant had requested a deferral of the item, based on the reduced number of commissioners present. Sandy Williams addressed the Commission. She stated that the neighborhood met with the applicants on July 7, 1996. She stated her concerns (and the neighborhood concerns) with the proposed monopole. Commissioner Putnam asked Mrs. Williams if the neighborhood would be interested in meeting with the applicants again. Mrs. Williams stated that they would not. Carrick Inabnett spoke on the item. He stated that because of the opposition to the proposal, he would like the application to be heard by the full Commission. He therefore requested that the item be deferred. Commissioner Adcock asked if Alltel would be willing to meet with the other cellular companies regarding co -location issues. Alissa Coffield stated that Alltel would agree to the meeting. There was a brief discussion regarding the deferral request. A motion was made to defer the item to the August 29, 1996 Subdivision meeting. The motion was approved by a majority vote of 4 ayes, 3 nays, 3 absent, and l open position. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Carrick Inabnett, Alissa Coffield and Tim Rounsaville were present representing the application. Tim Rounsaville, of Alltel, discussed the necessity of this site and capacity issues with the Committee. Alissa Coffield, also of Alltel, discussed the proposed location of the monopole and equipment building within the church site. There were brief discussions regarding the location of the monopole in relation to the single family residences and the possibility of co -location. The Alltel representatives stated that this monopole would allow a second, future, user at the 70 foot level. 4 August 29, -L-496 SUBDIVISION ITEM NO.: G (Cont.) FILE NO • Z-5737-A After further discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The applicant was present. There were several persons present opposing the item. The applicant requested that the item be deferred to the October 10, 1996 agenda, as offered by Chairman Woods, due to only eight commissioners being present. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the October 10, 1996 agenda. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. 5 August 29, ,.996 ITEM NO.: H FILE NO • G-23-245-A Name: Location: Owner/Applicant: Request: Riverfront Drive Right - of -Way Abandonment Located at Riverfront Drive (at Jessie Road), north of and adjacent to the Little Rock Western Railroad right-of-way. John Haley and Chris Robertson/Fred Chilcote To abandon the excess right-of-way for Riverfront Drive, north and adjacent to the Little Rock Western Railroad right-of-way. The applicant has not been able to obtain all necessary documents needed for staff to conduct a proper review of this item. Therefore, the applicant is requesting a deferral of this item until the July 18, 1996 Planning Commission Subdivision Agenda. PLANNING COMMISSION ACTION: (JUNE 6, 1996) The Staff presented the item, stating that the applicant has submitted a letter requesting that the item be deferred until the Subdivision Agenda of July 18, 1996. The applicant is working toward obtaining all necessary paperwork to complete the application process. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the July 18, 1996 agenda. A motion to that effect was made. The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. The applicant is continuing to work toward obtaining all necessary documents needed for staff to review the item. The applicant has submitted at letter requesting that the item be deferred until the August 29, 1996 Planning Commission meeting. August 29, 1-796 SIIHDIVISION ITEM NO.: H (Cont.) FILE NO • G-23-245 PLANNING COMMISSION ACTION: (JULY 18, 1996) The Staff presented the item, stating that the applicant has submitted a letter requesting that the item be deferred until the Subdivision Agenda of August 29, 1996. Staff recommended approval of the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the August 29, 1996 agenda. A motion to that effect was made. The motion was passed by a vote of 7 ayes, 0 nays, 3 absent, and 1 open position. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Staff presented the item, stating that the applicant submitted a letter requesting that the item be deferred to the Subdivision Agenda of October 10, 1996. Staff recommended approval of the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the October 10, 1996 agenda. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. The Commission waived the by-laws with a 0 nays, 2 absent, and 1 open position, as applicant's third request for deferral. - vote of 8 ayes, this was the 2 August 29, 1996 ITEM NO.: I FILE NO • G-23-246 Name: Mason Street and Hardin Road Right -of -Way Abandonment Location: 11,000 Block of Kanis Road - North Side Owner/Applicant: Robert M. Brown, Applicant Recuest: To abandon that portion of Mason Street and Hardin Road located at Kanis Road, running North 504± feet and 417± feet respectively, for use as utility easement areas. Mason Street will be maintained as a private drive for access to adjacent properties to the east. STAFF REVIEW• 1. Public Need for this Right-of-Wav 2. The Public Works response property owners responses. response is deferred until provided. There do exist existing building and pres of these right-of-ways. L provided to each separate, stands, access to the rear ownership (Tract 51 and 52 Master Street Plan depends on the adjacent Therefore, Public Works further information is issues involving access to criptive rights by the users egal access has to be parcel. As the proposal parcels within this would require access. The Master Street Plan reflects no need for this right-of-way. 3. Need for Right -of -Way on Adiacent Streets The Director of Public Works agreed to a 6 months deferral of the dedication of right-of-way for these two streets at the time of rezoning. This was to allow the applicant time to investigate the possibility of closing these right-of-ways. August 29, 1:06 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: G-23-246 Required right-of-way for Kanis Road was dedicated at the time of rezoning. 4. Characteristics of Right -of -Way Terrain Mason Street is a narrow drive, which is used to access two residences and a salvage yard business to the east. Hardin Road is vacant and undeveloped. 5. Development Potential Once abandoned, the areas of this abandonment will be used as utility easement areas. Mason Street will be maintained as a private drive for access to the eastern properties. 6. Neighborhood Land Use and Effect Mason Street: Surrounding uses include two single family residential structures and a salvage yard to the east, which gain access from Mason Street. There are three single family residences to the west, all of which are accessed from Kanis Road. Hardin Road: Surrounding uses include the same three single family residential structures to the east and single-family residential uses to the west, all of which gain access from Kanis Road. Abandoning these rights -of -way will have no effect on the neighborhood. 7. Neighborhood Position No neighborhood position has been voiced. 8 Effect on Public Services or Utilities Fire Department - Mason Street needs to remain open to provide access to properties on the east side. AP&L - Retain the rights -of -way for easements (egress and ingress). Southwestern Bell - retain the rights -of -way for utility easements. ARKLA - No objection Little Rock Water Works - No objection Little Rock Wastewater - Retain the rights -of -way for utility easements. 9. Reversionary Rights All reversionary rights will extend to adjacent property owners. E August 29, 1996 SUBDIVISION ITEM NO.: I (Cont.) FILE NO • G-23-246 Mason Street: Once abandoned, the area of the proposed abandonment will be divided equally between the owners of Tracts 50, 51, 62 and 63 of the West Highland Addition to the City of Little Rock. Hardin Street: Once abandoned, the area of the proposed abandonment will be divided equally between the owners of Tracts 52, 53, 60 and 61 of the West Highland Addition to the City of Little Rock. 10. Public Welfare and Safetv Issues Abandoning these rights -of -way will not affect the public welfare and safety. STAFF RECOMMENDATION: Staff recommends approval of this application subject to the following conditions: 1. Mason Street being maintained as a private drive for access to adjacent properties to the east. 2. The areas of this abandonment being retained as utility easements. 3. Tracts 51, 52, 61 and 62 of the West Highland Addition to the City of Little.Rock.being treated -as a single piece of property for the purpose of gaining access from Kanis Road. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 1996) The applicant was not present. Monte Moore, of the Planning Staff, explained to the Committee that the applicant had submitted a letter requesting deferral of this item to the April 25, 1996 Planning Commission agenda and that this item would be submitted to the Subdivision Committee for comments on April 4, 1996. PLANNING COMMISSION ACTION: (MARCH 14, 1996) Staff presented the item, stating that the applicant has requested deferral of this item to the April 25, 1996 Planning Commission Agenda. Staff recommended approval of the deferral. 3 August 29, 1996 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: G-23-246 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the April 25, 1996 Commission meeting. A motion to that effect was made. The motion was passed on a vote of 9 ayes, 0 nays, 1 absent and 1 open position. SUBDIVISION COMMITTEE COMMENTS: (APRIL 4, 1996) The applicant was not present. Monte Moore, of the Planning Staff, gave a brief description of the proposed right-of-way abandonments. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 25, 1996) Staff presented the item, stating that the applicant has requested deferral of this item to the July 18, 1996 Planning Commission agenda. Staff recommended approval of the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the July 18, 1996 commission meeting. The motion was passed on a vote of 10 ayes, 0 nays, and 1 absent. PLANNING COMMISSION ACTION: (JULY 18, 1996) The Staff presented the item, stating that the applicant has submitted a letter requesting that the item be deferred until the Subdivision Agenda of August 29, 1996. Staff recommended approval of the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the August 29, 1996 agenda. A motion to that effect was made. The motion was passed by a vote of 7 ayes, 0 nays, 3 absent, and 1 open position. A waiver of the Planning Commission Bylaws was also approved by the same vote, as this was the applicant's third request for deferral. N August 29, 1996 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: G-23-246 STAFF UPDATE• A. Mason Street Right -of -Way Abandonment: All abutting owners of record have signed the petition for abandonment with the exception of the owner of Tract 47 (see sketch labeled "Exhibit A"). The controlling partners of Tract 47 are located out of state and their local representatives/partners were not interested in considering the request. A mutual access easement agreement has been executed by the applicant and owners who require access until future development activity changes their circumstances. This easement agreement will be recorded if the abandonment is approved. B. Hardin Road Right -of -Way Abandonment: The applicant was unable to obtain the cooperation of a key owner with frontage along the west side of this right-of-way. There are no specific intentions to develop an access or any of the property at this time. Therefore, the applicant wishes to amend this application. The applicant requests a deferral of the required right-of-way dedication along the eastern side of Hardin Road (as -required -by -a-recent rezoning of property east of this right-of-way). The request is to defer the 30 foot right-of-way dedication along the east side of Hardin Road for a period of five (5) years or until one of the adjoining properties (east or west sides only) is proposed for subdivision or development and the need for this right- of-way is confirmed. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff presented a positive recommendation -on this application, as there were no further issues for resolution. There were no objectors to this matter. 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 was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. F1 LOT 4R ITRACI _ O.P. WEST PARTNERSHIP TT FZCV.7— . . —F— — — - - Ihi-r\jQlz—L\Qj RIGHT-OF-WAY TO NORTH CLOSED BY ORDINANCE 013,743 15.0 FEET TO — TRACT 51 OWNERS TRACT 51 VOGEL-HUGHES-JONES, PARTNERSHIP 16.0 FEET TO — TRACT 62 OWNERS -S-FRAM TRACT 62 VOGEL-HUGHES-JONES, PARTNERSHIP PART OF TRACT 50 J.B. WEYRES PART OF TRACT 50 P.L.PLUNKETT —15.0 FEET TO TRACT 50 OWNERS TRACT 50 PART OF TRACT 50 O.L. PLUNKETT ET AL 15.0 FEET TO TRACT 63 OWNERS TRACT 63 ' O.L. PLUNKETT ET AL G-23-246 REET RIGHT-OF-WAY ABANDONMENT EXHIBIT A August 29, 1996 ITEM NO.: J Z-6159 Owner: Earl and Barbara Brisendine Applicant: Barbara Brisendine Location: 14902 Alexander Road Request: Rezone from R-2 to 0-1 Purpose: Use existing structure as offices for food service broker Size: 2.0± acres Existing Use: One story brick residential structure which is occupied by Brisco Food Service, Inc. SURROUNDING LAND USE AND ZONING North - Vacant lot and Single Family homes; zoned R-2 South - Vacant, wooded; zoned R-2 East - Vacant, wooded; zoned R-2 West - Vacant, wooded and Single Family homes; zoned . R=7A (also City of Alexander) ENGINEERING COMMENTS - Alexander Road is classified as a minor arterial, 90 feet of right-of-way and 60 feet of pavement with sidewalk. Dedicate right-of-way to bring property line to 45 feet from centerline. Driveway must be improved for structure to be used as office. Any planned construction will involve widening of one-half the road to minor arterial standards and the construction of a sidewalk. At the time of permit other development related issues will be discussed. AHTD approval will be required for construction within right-of- way, after City approval. Current construction is a 22 foot pavement with open ditches and no sidewalk. 1992 traffic count for Alexander Road is 1560. LAND USE ELEMENT The site is located in the Otter Creek District. The adopted Plan recommends Single Family. There have not been any changes in the area to justify a plan amendment to Office. Staff cannot support the introduction of nonresidential use at this time. August 29, 1>-46 SUBDIVISION ITEM NO.: J Z-6159 (Cont.) TAFF ANALYSI The request before the Commission is to rezone this 2± acre tract from "R-2" Single Family to "O-1" Quiet Office. The property contains a one-story, brick and frame residential structure which has been converted into offices by Briscoe Food Service, Inc. The applicant states she was not aware that the property was in the City of Little Rock until a representative of the City's Code Enforcement Staff issued her a notice for violating the Zoning Ordinance. The property is located at the extreme southwest corner of the City, adjacent to the City of Alexander. The area is rural in nature, comprised primarily of single family homes on larger lots. Large areas are undeveloped and wooded. A partially developed manufactured home subdivision is adjacent to the west. The primary zoning in the area is R-2, with the manufactured home subdivision being zoned R-7A. Both of these designations are single family residential. within the city limits, there is no nonresidential zoning within the vicinity of this site. The Otter Creek District Land Use Plan is reflective of the existing zoning by indicating single family for this entire area with the exception of the manufactured home subdivision which is shown as MH on the Plan. The nearest nonresidential on the Plan is well north of this site, at I-30 and County Line Road. The adopted Plan recommends Single Family for this site. There are no other nonresidentially zoned properties within the vicinity of this site. All surrounding uses are single family. Staff cannot support the requested 0-1 zoning. STAFF RECOMMENDATION Staff recommends denial of the requested 0-1 zoning. PLANNING COMMISSION ACTION: (JUNE 20, 1996) The applicant was not present. There were no objectors present. Staff informed -the Commission that the applicant had submitted a letter on May 13, 1996 asking that the item be deferred to the August 1, 1996 commission meeting. The item was placed on the Consent Agenda and approved for deferral to the August 1, 1996 meeting by a vote of 6 ayes, 0 noes, 4 absent and 1 abstaining (Daniel). 2 August 29, 1y96 SUBDIVISION ITEM NO.: J Z-6159 (Cont.) PLANNING COMMISSION ACTION: AUGUST 1, 1996) The Chairman identified for those present for today's meeting that there was a potential vote problem with the Commission since there were only eight of the eleven members present and six votes are required for final action. The Chairman asked if the applicant wished to address this circumstance and perhaps request a deferral. The applicant came forward and identified herself as Barbara Brisending, a resident at 14902 Alexander Road which is the subject property. She stated for the record that because of the attendance circumstance she desired that her application be deferred. The Chairman requested that staff provide the appropriate deferral date. Richard wood, of the Staff, stated that the August 29, 1996 Subdivision Hearing is the next scheduled meeting for items of this nature. A brief discussion then followed involving Commissioner Daniel, the Chairman and Staff members as to the appropriate meeting for the placement of this item for deferral. wood stated that the deferral needs to go to at least the subdivision agenda since the staff does not normally place public hearing items of this nature on the Planning Hearing. A question was posed by a gentleman in the audience as what position the item would hold on the new agenda. The Chairman and Staff identified that it would-be a.deferred item and would be one of the first items introduced. The Chairman asked for a motion from the Commission. A motion to defer the application to August 29, 1996 was made. The motion was seconded. A vote on the motion produced 7 ayes, 0 nays, 2 absent, 1 open position and 1 abstention (McCarthy). The Chairman then stated for the record that the item has been deferred. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The applicant, Barbara Brisendine, was present. There were no objectors present. Staff presented the item and a recommendation of denial. Ms. Brisendine handed out a letter in support of her application and a map showing other non-residential uses in the area. She also presented photographs of those non- residential uses. She stated that the area was clearly not a residential area but had several other uses. 3 August 29, 1996 SUBDIVISION ITEM NO.: J Z-6159 (Cont.) In response to a question from Commissioner Adcock, Ms. Brisendine described the food brokerage business being conducted at 14902 Alexander Road. She stated that there were no trucks or deliveries other than UPS trucks bringing literature to the site. She stated that the business employed approximately 6 people, several of which traveled and were only rarely at the office. Ms. Brisendine stated that there was no inventory kept at the site. She stated that the business had been operating at the site since December, 1995. Ms. Brisendine concluded by stating that it had been suggested to her that she might amend her application to a PUD and that she was willing to do so. Commissioner Putnam commented that there would still be a land use issue. Commissioner Daniel commented that he had visited the site and had noticed many non-residential uses in the area. In response to questions from Commissioners Brandon and Putnam, Ms. Brisendine stated that the house was occupied as a residence when she bought the property but that it was used solely as an office now. There was then a further discussion of the uses in the area. Commissioner Hawn suggested that a PUD might be appropriate; one that allows the existing use and retains the residential character of the house. Jim Lawson, Director of Planning and Development, stated that a Planned Development might be an appropriate compromise. He suggested that the application might be amended to a Planned Development - Office for this specific use, retaining the residential character of the property and restricting signage on the site. Such an application, he stated, would not be in conflict with the Plan and would not require a plan change. Ms. Brisendine stated that she wanted to have a sign on the property to identify the site for customers and delivery persons. Commissioner Adcock asked why the Plan showed the area to be single family when there were so many nonresidential uses in the area. Mr. Lawson responded that those uses were nonconforming. He stated that staff was agreeable to a deferral if the Commission wanted staff to do a review of the Land Use Plan for the whole area. In response to a question, Ms. Brisendine stated that there was no ground -mounted sign on the property. She described 4 August 29, 1996 SUBDIVISION ITEM NO.: J _Z-6159 (Cont. the only signage as an 18 inch by 8 foot sign, mounted below the eave of the house. Commissioner McCarthy asked if a Planned Development would require a plan change. Mr. Lawson responded that a PD-O for this specific use, with conditions assuring that the residential character was maintained, would not require a plan change. Anything beyond that, he stated, would require a review of the Plan for the larger area. In response to a question from the Commission, Mr. Lawson stated that the survey submitted with the application would be sufficient for the Planned Development, if the applicant worked with staff to address issues such as landscaping and parking. Ruth Bell, of the League of Women Voters of Pulaski County, addressed the Commission. She stated that the League was opposed to the original rezoning request because it opened the possibility of expanding nonresidential zoning in the area. She stated that the League was not opposed to a Planned Development that allowed this specific use and retained the property's residential character. Ms. Brisendine stated for the record that she was amending her application to a Planned Development - Office. A motion was made to approve the Briscoe Food Service, Inc. Planned Development - Office as described by the applicant with the permitted use of the property to be limited to Briscoe Food Service, Inc. and -single -family -residential. The single family residential was added to allow the convertibility of the property back to residential should Briscoe Food Service, Inc. ever vacate the site. The approval allowed signage limited to the-18 inch by 8 foot sign mounted on the building, beneath the eave, and did not allow any additional wall or ground -mounted signs. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. 5 August 29, 1996 ITEM NO.: 1 FILE NO.: S-1109 NAME: H&S SUBDIVISION -- PRELIMINARY PLAT LOCATION: On west side of Crystal Valley Road south of Whippoorwill Lane DEVELOPER• Harold D. and Shirley Smith 18201 Lawson Road Little Rock, AR 72209 DEVELOPER• Rodney and Chandra Russell #30 Art Pond Road Conway, AR 72032 AREA: 13.37 ACRES NUMBER OF LOTS: 3 ZONING: R-2 Single Family District PLANNING DISTRICT: #17 Crystal Valley CENSUS TRACT: 42.08 VARIANCES REQUESTED: ENGINEER• FT. NEW STREET: None PROPOSED USES• Single Family and Planned Commercial Development 1) Street Improvements on Crystal Valley Road 2) Lot depth -to -width ratio for Lot 1 BACKGROUND• This preliminary plat seeks to legitimize 30 foot strip along the southern boundary of what is shown as Lot 1 which was recently sold from Mr. and Mrs. Smith to Mr. and Mrs. Russell. A companion application to the preliminary plat will also allow Mr. Smith to construct an office/warehouse building on property shown as -Lot 2 on -the plat. (PD-C Z-6180) August 29, 1996 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO • S-1109 A. PROPOSAL/REOUEST: This preliminary plat will create three lots. Two will accommodate existing single family residences and one for a proposed Planned Development Commercial use. B. EXISTING CONDITIONS: The land is heavily wooded and gradually slopes to the southwest. A one-story frame home with a shop out building is located on Lot 1. A single family story home is located on Lot 3 with detached storage and greenhouse structures. Proposed Lot 2 is vacant. Public Transportation There is no service to these lots. C. NEIGHBORHOOD COMMENTS: None received at this writing. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: Grading and drainage plan with soil loss calculations is required prior to construction. Stormwater Detention will be required. Crystal-Valley•Road is a principal arterial per the Master Street Plan. Dedicate 55 feet from centerline according to the standards set for principal arterial particularly the radius required for the horizontal curve is to be 1,400 feet. 1/2 Street improvements for frontage are required by ordinance, staff recommends commercial widening to create center -turn lane and tapers for business and a deferral of the remaining improvements until further development occurs or five years. 1992 average daily traffic was 1,840 vehicle per day. E. UTILITY COMMENTS/FIRE DEPARTMENT/COUNTY PLANNING/LANDSCAPE: Wastewater: Outside service boundary, no comment Arkla: OK Southwestern Bell: OK Water: No objection. Execution of pre - annexation agreement and approval from City required. AP&L: No comment K, August 29, 199b SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1109 Fire Department: Hydrants installed no more than 800 feet apart. Access to structures require a 15 foot driveway that will support fire apparatus. County Planning: No comment Landscape: No comment F. ISSUES/LEGAL/TECHNICAL/DESIGN: • Show surrounding land uses and zoning. • Label right-of-way on Crystal Valley Road. G. ANALYSIS• This plat will create three parcels. Lots 1 and 3 have existing single family homes. An office/warehouse building is proposed on Lot 2. The applicant is request a waiver of street improvements on Crystal Valley Road. Staff recommends widening to create a center -turn lane for the proposed business on Lot 2. A deferral of the remaining improvements is recommended for up to five years. (See Public Works comments) H. STAFF RECOMMENDATIONS: Approval of the preliminary plat without a waiver of street improvements. Staff recommends that a portion of the Crystal Valley Road improvements be deferred when other development occurs or up to five years as outlined in the staff comments of paragraphs D, E and F. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Jim Summerlin and Harold Smith were present to answer questions. Planning staff asked that the 55 foot proposed street dedication from centerline of Crystal Valley Road be shown on the preliminary plat. David Scherer required adjacent to Lot 2 commercial widening to create a center -turn lane and tapers be required. The remaining road improvements can be deferred up to five years. The item is to be forwarded to the full Commission for consideration. 3 August 29, 199b SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO 5-1109 PLANNING COMMISSION ACTION: (AUGUST 29, 1996) When the meeting was called to order, it was apparent that no more than 8 commissioners would be present. The Planning Commission Bylaws require a minimum of 6 affirmative votes for an item to be approved. Chairman Woods announced to the audience that any applicant on the agenda who wishes to have their item heard by the full Commission can request a deferral at this time. Mr. Harold Smith requested a deferral to the Planning Commission meeting on October 10, 1996. This item was included as part of the Consent Agenda for deferral. A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 4 August 29, 1996 ITEM NO.: 2 FILE NO • S-717-F NAME: HEATHERBRAE SUBDIVISION PHASES 3 AND 4-- PRELIMINARY PLAT LOCATION: North of Taylor Loop Road east of Gooch Road and west of Glen Valley Drive DEVELOPER• Woodhaven Development Company 8721 Warden Road Sherwood, AR 72116 AREA: Phase 3 - 3.49 ACRES Phase 4 - 3.06 ACRES ENGINEER• William L. Dean, P.E. Civil Design Incorporated 15104 Cantrell Road Little Rock, AR 72212 NUMBER OF LOTS: Phase 3 - 12 lots Phase 4 - 10 lots FT. NEW STREET: 834 LF PLANNING DISTRICT: #1 River Mountain CENSUS TRACT: 42.06 VARIANCES REQUESTED: None BACKGROUND• This proposal will create an additional 22 single family lots in the Heatherbrae Subdivision which was initially final platted in 1987. Approximately, seven finished lots from previous phases remain vacant at this time. A. PROPOSAL/REOUEST: To create 22 new single family residential lots in two phases as an extension of the existing Heatherbrae Subdivision. Glenn Valley Drive will be extended to the west. Heatherbrae Court and Glenstone Drive will be developed running north to south. B. EXISTING CONDITIONS: The land is flat, heavily wooded and covered with dense underbrush. Existing phases of -Heatherbrae Subdivision are immediately adjacent to the east and south. Glen Valley Drive stubs into the site and will serve as access to the site. The Gooch Drive residential neighborhood is located to the west and south. August 29, 1990 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-717-F C. NEIGHBORHOOD COMMENTS: None to date. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: Continue sidewalk on Glen Valley to intersection. Drainage easement shown on the west property line must contain all flows off site shown to be in excess of 453 cfs, staff recommends that due to flows in this drainage that the easement shall be an open space tract and not contained on individual lots. If the drainage is to be contained in an open ditch, 4 foot chainlink fencing will be required adjacent to drainage easement to restrict access from small children, safety concerns raised by the other existing drainage ditches in the City has caused this to be a policy adopted by the Board of Directors. Ownership must be established to provide tailout of the drainage to the north to properly intercept the existing floodway. This subdivision cannot begin construction until the engineering plans are approved with proper development permit, NPDES, and grading permits due to past problems with Phase 2. An above ground drainage easement will be required on Phase 2, 3, and 4 lots to accommodate the major storm event as required by City Ordinance. This major drainage easement will be graded and restricted as to use by lot purchasers concerning construction of fences, landscaping and fill as required by Ordinance. The pipes and ditches planned as shown have not been approved by the engineering staff. Ditches are generally not acceptable and may require stormdrain piping or concrete lining. Stormwater detention shall be provided for Phase 1, 2, 3 and 4 this construction. Stormwater detention from previous phases 1 and 2 was deferred to phase 3. Current traffic count numbers for Taylor Loop are not available. Subdivision will add approximately 220 trips per day to traffic volume on Taylor Loop. E. UTILITY COMMENTS/FIRE DEPARTMENT: Wastewater: Sewer main extension required with easements. Water: water main extension required. AP&L: OK Arkla: OK Southwestern Bell: OK 2 August 29, 199b SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO • 5-717-F Fire Department: Turnaround for fire apparatus should be at least 50 foot radius. County Planningr: No comment Landscape: No comment F. ISSUES/TECHNICAL/DESIGN: • Phase 3 Lot No. 3 does not meet minimum depth. • Show radii of streets and right-of-ways. • Label abutting owners and zoning. • Show open space tract to accommodate drainage flows. G. ANALYSIS• The developer proposes to add 10 lots in Phase 3 and another 12 lots in Phase 4. Phase 3 Lot 3 does not meet minimum lot depth. Thus, the lot configuration at the cul-de-sac on the proposed Glenstone Drive should be changed. Public works is requiring that stormwater detention for Phases 1, 2, 3 and 4 should be provided at this time. This may require alteration to the lots planned for Phase 4 on the east side of proposed street Heatherbrae Court. H. STAFF RECOMMENDATIONS: Approval of preliminary plat provided that the developer eliminate Lot 3 of phase 3 and merge that area with surrounding cul-de-sac lots. Approval -is subject to the conditions listed in paragraphs D, E, and F of this staff report. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Bill Dean, project engineer, was present to answer questions. Planning Staff noted that Phase 3 Lot 3 did not meet minimum lot depth requirements. Staff noted that street radii and right-of- ways need to be shown on the preliminary plat. David Scherer discussed drainage concerns that impacted the two existing phases as well as phases 3 and 4. He indicated that drainage was originally planned to exit phase 2 through a pipe situated between Lots 20 and 21 then continuing off -site through an easement into a creek. This offsite easement was never obtained and the drainage structure not completed. Public Works is now requiring an above ground drainage system on an open space tract rather than an easement covering lots in Phase 2, 3 and 4. August 29, 1996 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-717-F The item is to be forwarded to the full Commission for determination. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Mr. Bill Dean, project engineer, requested that the two cul-de- sac streets be shown as minor residential streets. He also asked that the rear setback line along the western boundary of the subdivision be modified. This would include Lots 6-10 in Phase III and Lots 1-4 in Phase IV. The applicant is proposing to reduce the rear setback requirement for these lots from 25 feet to 15 feet. This request is in order to "...achieve the utility of those particular lots for the particular sizes of houses that are anticipated." Mr. Dean is requesting this variance in order to offset the Public Works requirement of a open tract for drainage ditch purposes. Commissioner Daniel asked several questions concerning Mr. Dean's statement. Following this exchange Larry Jones recommended that the item be sent back to Subdivision Committee to review these last minute revisions to the preliminary plat. Commissioner Adcock asked that the applicant's request a deferral. Mr. Dean requested a deferral to October 10, 1996 Planning Commission meeting. A motion to defer the item to October 10, 1996 meeting. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. Commissioner Brandon was not in the room during the vote on the motion. -- - 4 August 29, 1990 ITEM NO.• 3 FILE NO • Z-6178 NAME: STAMAR DRIVING RANGE -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: 9222 Stagecoach Road DEVELOPER• ENGINEER• Gerald Staley Samuel F. Davis 14200 Wimbledon 5301 West 8th Street Little Rock, AR 72209 Little Rock, AR 72204 AREA: 19.2 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: "PCD" Proposed PROPOSED USES: Driving range and outdoor recreation PLANNING DISTRICT: #16 Otter Creek CENSUS TRACT: 42.08 VARIANCES REQUESTED: None BACKGROUND• This owner approached staff with a request for a variety of outdoor recreational uses centered around a golf driving range. Staff recommended that the land owner apply for -a Planned Commercial Development designation of this 19.2 acre parcel. A. PROPOSAL/REQUEST: A one lot PCD consisting of a golf course driving range, practice green, pro shop, baseball batting cages, parking and landscaping. Proposed hours of operation are 10:00 a.m. to 10:00 p.m., 7 days a week. B. EXISTING CONDITIONS: The site is currently vacant. Several older dwellings were recently removed by the current owner. Three domestic water wells remain and may be used for irrigation purposes on the future driving range. A small pond consisting of .7 acres is situated in the southwest portion of the site. The property is bordered by Stagecoach Road and rural residential on the east, a 100 foot wide AP&L easement on the south, a 40 foot Arkla easement to the west, and vacant land on the north. August 29, 199%. SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO • Z-6178 Stagecoach Road is a minor Street Plan but currently with open ditches. C. NEIGHBORHOOD COMMENTS: arterial street on the Master exist as a 24 foot asphalt road Staff has received several calls mostly from passersbys on Stagecoach Road. To date all calls have been supportive of the proposal. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: A development permit will be required prior to construction. A portion of the property is located in the flood plain. A sketch grading and drainage plan with soil loss calculations is also required. The drainage maps indicate a pond in excess of one acre, provide documentation as to Little Rock Corps of Engineers approval for draining this pond. Stagecoach is a minor arterial, thus dedicate 45 feet of right-of- way from centerline widen to 30 feet from centerline with a sidewalk or contribute in -lieu fees for like amount. Existing Stagecoach is a 24 foot asphalt lane with open ditches. Traffic Count was 7,790 ADT in 1992. E. UTILITY COMMENTS/FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Water: Service charge is $150/acre and $15/front foot. AP&L: No comment Arkla: OK Southwestern Bell: OK Fire Department: A 50 foot radius by the proposed equipment shed is required. No fire hydrants are shown on the site plan. We need a hydrant within 500 feet of all buildings. County Planning: No comment 2 August 29, 199b SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO • Z-6178 F. ISSUES/TECHNICAL/DESIGN: Areas set aside for street and land use buffers meet and exceed ordinance requirements. Six percent of the interior of the vehicular use area will be required to be landscaped with interior landscaped islands. Landscaped islands are required to be at least 100 square feet in area. Because the property to the north, south and east are zoned residential, opaque screening is required by ordinance. This screening can consist of dense evergreen plantings or six foot high wood fence with its face directed outward. Since the property to the south is used for public utilities, screening in this area may not serve much of a purpose. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. Issues: The following are unresolved items on the PCD submittal. • Show culvert under Stagecoach Road on site plan. • What are the overall dimensions of the batting cage area? • Define number of batting cage stations within area termed "batting cages". • Show all proposed fire hydrants. • Why was the size of the pro shop increased in the revised submittal after Subdivision Committee review from 1,800 square feet to 4,500 square feet? • what are the dimensions of the "practice green" area. Planning Division: The site is located in the Otter Creek District. The adopted Land Use Plan recommends Multifamily. At this time, Staff cannot recommend a Plan amendment to nonresidential. However if the use is limited to a driving range, it is staff's opinion that the request would not be in conflict with the adopted Plan. In other areas and in the zoning ordinance golf courses have been considered appropriate uses in a residential area. 3 August 29, 1996 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-6178 G. ANALYSIS• The adopted Land Use Plan recommends Multifamily uses for this site. A golf driving range can be viewed as a transitional use in an area planned for residential development. A small Pro Shop and practice green are compatible uses with a golf driving range facility. The introduction of baseball batting cages and the proposed hours of operation (Monday through Sunday, 10:00 a.m. - 10:00 p.m.) changes the nature of the proposal to more of a general outdoor recreational facility. This type of proposal as submitted by the applicant would not be appropriate in an area designated as multifamily in the Land Use Plan. H. STAFF RECOMMENDATIONS: Approval of the PCD request (Z-6178) with the deletion of the batting cages and with a Pro Shop not to exceed 2,000 square feet. Exterior lighting except for security lighting should be eliminated. This would limit the period of operation to day time hours. Approval is subject to the conditions listed in paragraphs D, E, F or this report. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Gerald Staley and Stan Martin represented the project. Planning staff requested more specific -information on hours of operation, lighting and signage, adjacent utility easements and the culvert under Stagecoach Road. Public works indicated that the size of an existing pond that is to be drained needs to be determined. The developers contribution to future improvements to Stagecoach was discussed. Staff noted the Fire Departments requirement that a hydrant be provided within 500 feet of all structures. The item is to be forwarded to the full Commission for determination. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) After presentation of the staff report, Mr. Lawson indicated that the project as proposed is a "activity center" which is in conflict with the Land Use Plan. Mr. Lawson stated that the batting cage element of the proposal would be a C-4 use. He stated that this could result in this portion of Stagecoach Road becoming commercial. 4 August 29, 199b SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-617 Applicant Gerald Staley indicated that the proposed uses can be considered commercial but the complex except for the structures are not permanent. He stated that his project will provide a place for the Otter Creek Community youth to go. Commissioner Brandon ask Mr. Staley why he changed the project description after the Subdivision Committee meeting. Mr. Staley stated that the civil engineer who drew the original site plan should have shown The Pro Shop as 3,000 rather than 1,800 square feet in size. Commissioner Adcock asked if the applicant planned to include miniature golf in his proposal. Mr. Staley stated that if the initial elements of the facility were economically successful than he plans to have a future phase that would include miniature golf. The applicant presented a lighting plan to the Commission. He indicated the importance of lighting in respect to the golf driving range. Sonya Martin spoke in support of the project and read a letter from Coach Randy Rutherford of Fair High School. Walter Coleman IV read a letter from Coach Mike Johnson from Fair High School in support of the project. At this point in the meeting, Mr. Lawson changed the staff recommendation to denial since the proposal is in conflict with the multifamily designation on the Land Use Plan. He also stated that staff does not have a good feel for the proposal since the applicant has continually changed the project description. In response, Mr. Staley and Mr. Stan Martin stated that the proposed project is a good use for this 19 acre site. Mr. Martin said there is widespread support of this project in the Otter Creek Community. They showed to the Commission typical elevation and architectural style of the proposed Pro Shop. Commissioner Adcock and Chairman Woods asked for the neighborhood association position on the project. Commissioner Hawn would like to see staff look at the Land Use Plan for this site and area. Assistant City Attorney Cindy Dawson stated the Commission policy in this type of matter is that they discuss the land use issue at one meeting and the proposal itself at a subsequent meeting. A motion to defer the land use decision on this item to September 26, 1996 and consider the Planned Development for this site on November 21, 1996. The motion passed 8 ayes, 0 nays, 2 absent and 1 open position. 5 August 29, 1990 ITEM NO.: 4 FILE NO • Z-6179 NAME: VOGEL-JONES HIGHWAY 10 -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: 14103 Cantrell Road DEVELOPER: ENGINEER: Vogel -Jones Realty Company Robert Brown 11212 Financial Center Parkway Development Consultants, Inc. Little Rock, AR 72211 10809 Executive Center Dr. Suite 210 Little Rock, AR 72211 AREA: 0.77 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-2 PLANNING DISTRICT: #1 River Mountain CENSUS TRACT: 42.06 STAFF RECOMMENDATIONS: After the Subdivision Committee meeting, the engineer requested a deferral until October 10, 1996 Planning Commission meeting. This will allow the applicant to pursue site specific uses for the property. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Robert Brown represented the applicant. Planning Staff asked Mr. Brown to provide a specific list of uses for the site. Parking opportunities are limited since approximately one-third. on the property is within the floodway. Mr. Brown indicated he had submitted to staff a list of 50 uses from "C-3" designation. Staff again asked for a more limited list of specific uses. Public Works will require 55 feet to be dedicated from the centerline of Highway 10 and construct a sidewalk. Staff noted that the adopted Land Use Plan recommends Commercial. The Committee recommended this item be forwarded to the full Commission for action. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The Staff offered the applicant's request for deferral to the Planning Commission on October 10, 1996. This item was included as part of the Consent Agenda for deferral. Agusut 29, 1996 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-6179 A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 2 August 29, 1990 ITEM NO.: 5 FILE NO • Z-6183 NAME: RAGAN SAFE AND VAULT -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: 7101 North Chicot Road DEVELOPER: George and Mary Ragan 7101 North Chicot Road Little Rock, AR 72209 ENGINEER• Laha Engineers, Inc. 6602 Baseline Road Suite "E" Little Rock, AR 72209 AREA: 0.63 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USE: Ragan Safe and Vault PLANNING DISTRICT: #15 Geyer Springs West CENSUS TRACT: 20.01 VARIANCES REQUESTED: 1) Street Improvements along Chicot Road 2) Parking lot improvements 3) Landscaping improvements BACKGROUND• Ragan Safe and Vault Company has been -at -this site --since 1976. They sell, install, and service bank equipment. Most of the equipment is shipped directly to the job site. The existing concrete block and metal building is approximately 3,000 square feet and is used as a combination of office, repair shop and storage. They have six employees of which four work in the field installing or servicing equipment. A single family house is also on the same parcel. The property is zoned R-2 as is much of the surrounding area. A PD-C was chosen since it would limit the commercial use to 0.63 acres of the 2.98 acre lot. A. PROPOSAWREOUEST: A one lot PD-C that will allow the applicant to add a 1,500 square foot addition to the existing building to accommodate storage. -The -applicant would like to utilize the existing gravel parking lot and provide no additional landscaping. August 29, 1990 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO • Z-6183 B. EXISTING CONDITIONS: A 2.98 acre tract of land with an existing commercial use and single family home. There are several out buildings located behind the home. Single family homes border the site on the north and east. An older home is to the south with two-story apartments adjacent to that parcel. C. NEIGHBORHOOD COMMENTS: None to date. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: A development permit is required. Minimum Floor elevation required is 269.7 NGVD and existing structure shall be flood proofed to this elevation due to the proposed substantial improvement proposed. Street is 19 feet wide and has open ditches without sidewalk. Dedicate 30 feet right-of-way from centerline and improve frontage to 18 feet from centerline with a sidewalk or contribute in -lieu for this amount of improvements of 15% of the development costs. Provide concrete apron and paved parking as approved by the Traffic Engineer. 1992 traffic count was 1,530 ADT. E. UTILITY COMMENTS/FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Arkla: OK Southwestern Bell: OK Water: A service fee of $150/acre and on site fire protection are required. AP&L: Fire Department: Make sure you have a fire hydrant within 500 feet of any part of building. County Planning: No comment F. ISSUES/TECHNICAL/DESIGN: Landscape• A six foot high opaque screen, either dense evergreen plantings or a wooden fence with its face directed outward, 2 August 29, 199u SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO • Z-6183 is required along the southern perimeter. Since the proposed expansion is a 49% increase in building area a 49% increase in required landscaping toward compliance with the Landscape Ordinance is necessary. Issues: The following are unresolved items on the PCD submittal. • will there be modifications to existing signage and exterior lighting? • Will the number of employees stationed on -site change? • Is the exterior rear open storage to continue? Planning Division: The site is located in the Geyer Springs West. The adopted Land Use Plan recommends Single Family. The use pattern is in place and has not changed since the Plan's adoption. Staff cannot support a change in the Plan at this time. G. ANALYSIS: The existing site is a nonconforming use. The applicant has utilized the building for his business since 1976. He wishes to add a 1,500 square feet warehouse to the existing 3,000 square foot structure. The adopted Land Use Plan recommends Single Family for this property. Ragan Safe and Vault is the only commercial use in the general area. H. STAFF RECOMMENDATIONS: Staff recommends that the project be denied because it is inconsistent with the adopted Land Use Plan. The applicant can continue the operation in the present nonconforming status. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. George Ragan and Troy Laha presented the project to the Committee. Planning Staff asked several questions concerning the operation of the business. Public Works will require the dedication of 30 feet of right-of-way from centerline with improvements to 18 feet and sidewalk. It may be more cost effective for the applicant to contribute in -lieu fees in the amount of 15% of the proposed development costs. The applicant stated that he is requesting a waiver of street improvements along Chicot Road, parking lot and landscaping requirements. 3 August 29, 199v SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO • Z-6183 The Committee recommended that the item be forwarded to the full Commission for consideration. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Troy Laha and David Ragan representing the applicant passed out some pictures of the site. They explained that the business has no walk-in customers and the number of employees will remain the same. The estimated cost of their building addition is $12,000. They passed out a letter dated August 1, 1996 from the South Brookwood Ponderosa Neighborhood Association in support of the project. Jim Lawson told the Commission that one way to approach this item is to consider it as a minor expansion of a nonconforming use through the PCD process. It would not be recognized as a commercial change on the Land Use Plan. The existing use would be limited to the Ragan's stay at the site. David Scherer explained to the Commission the 15% hardship rule in respect to required street improvements. The applicant can elect to pay 15% of the total cost of all requirements (i.e. parking, landscaping, building, street, curb, gutter et al) to a city improvement fund instead of putting in the improvements. Commissioners Putnam and Adcock discussed the current parking situation at the site. A motion was made that the Planning Commission recognize the structure as a nonconforming use and a PD-C be approved for exclusive use as "Ragan Safe and Vault". The motion passed by a vote of 8 ayes, 2 absent and 1 open position. A second motion to waive parking lot and landscape improvements and that the 15% hardship in -lieu fee be paid instead of requiring street improvements on Chicot Road. The applicant indicated he was in agreement. The motion passed by a vote of 8 ayes, 2 absent, and 1 open position. 4 August 29, 1996 ITEM NO.• 6 FILE NO • Z-6180 NAME: DEAN'S COFFEE COMPANY -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: On west side of Crystal Valley Road south of Whippoorwill Lane DEVELOPER: ENGINEER: Harold and Shirley Smith 18201 Lawson Road Little Rock, AR 72210 AREA: 1.23 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2/Proposed PCD PROPOSED USES: Office/Warehouse PLANNING DISTRICT: #17 Crystal Valley CENSUS TRACT: 42.08 VARIANCES REQUESTED: 1) Street improvements on Crystal Valley Road BACKGROUND• This development is proposed for Lot 2 of the companion preliminary plat (S-1109). The applicant wishes to relocate his existing business to this location. The lots situated to the north and south of this site have existing single family homes. A. PROPOSAL/REQUEST: The applicant seeks permission for Dean's Coffee Company to construct a 4,500 square foot office/warehouse building on property presently owned by Mr. and Mrs. Smith who are also the owners of Dean's Coffee Company. The proposed office uses are allocated 1,000 square feet and the warehouse 3,500 square feet. Eight parking spaces are shown on the site plan. B. EXISTING CONDITIONS: The vacant site is wooded and gradually slopes to the southwest. A one story frame home with a shop outbuilding is located to the north. A single story brick home is August 29, 1990 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO • Z-6180 located to the south with detached st structures. There are three existing of Crystal Valley Road south of this Public Transportation None in this area C. NEIGHBORHOOD COMMENTS: orage and greenhouse PCD's along both sides proposal. Staff has received one letter. Mr. Rodney Russell who owns the property immediately to the north of this site at 17125 Crystal Valley Road expressed concerns in respect to the architectural design and layout of the proposal. D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: Crystal Valley Road is a principal arterial per the Master Street Plan. Dedicate 55 feet from centerline according to the standards set for principal arterial particularly the radius required for the horizontal curve is to be 1,400 feet. 1/2 street improvements for frontage are required by ordinance, staff recommends commercial widening to create center -turn lane and tapers for business and a deferral of the remaining improvements until further development occurs or five years. 1992 average daily traffic was 1,840 vehicle per day. A grading plan with soil loss calculations is required prior to construction. Existing street is 23 feet wide with open ditch without sidewalk. The driveway needs to be 25 feet from property line and the turn -out must be within the property corner extension perpendicular to centerline of roadway. Stormwater detention will be required. E. UTILITY COMMENTS/FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary Arkla: OK Southwestern Bell: OK Water: Execution of pre -annexation agreement and approval from city required. AP&L : No comment Fire Department: OK County Planning: No comment 2 August 29, 199u SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO • Z-6180 F. ISSUES/LEGAL/TECHNICAL/DESIGN: Landscape: Areas set aside for buffers and landscaping meet and exceed ordinance requirements. Additional screening will be required along the northern, southern and western site perimeters in areas where the existing natural vegetation are unable to provide the year-round screening necessary. This can be accomplished with additional evergreen plantings where needed. Issues: The following are unresolved items on the PCD submittal. • Show all building dimensions. • Position drive a minimum of 25 feet from property line. • Taper drive to preserve mature trees. • Show surrounding land uses and zoning. • Submit lighting and signage plan. • Dumpster location should be shown. • Show right-of-way for Crystal Valley Road. • No stacked parking will be allowed. • Correct legal description on site plan. Planning Division: The site is located in the Crystal Valley District. The adopted Land Use Plan recommends Community Shopping and Single Family. There is no land use issue. G. ANALYSIS• The applicant failed to provided a revised site plan to staff on the time line established by the Subdivision Committee. Therefore, staff has not had adequate time to review the proposal. H. STAFF RECOMMENDATIONS: Staff recommends deferral until the October 10, 1996 Planning Commission meeting. 7 August 29, 1990 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO • Z-6180 SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Jim Summerlin, project engineer, and Mr. Harold Smith were present to answer questions. Planning Staff asked that the 55 foot proposed street dedication from centerline of Crystal Valley Road be shown on the site plan. David Scherer will require a turn -lane at the entrance from Crystal Valley Road. The access drive needs to be moved a minimum of 25 feet from the property line. The remaining road improvements can be deferred up to five years. The applicant needs to make the mentioned changes to the site plan and submit copies to the Planning and Public Works staff no later than 5:00 p.m., Thursday on August 15, 1996. Provided a timely revised submittal is made, the item is to be forwarded to the full Commission for consideration. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) When the meeting was called to order, it was apparent that no more than 8 commissioners would be present. The Planning Commission Bylaws require a minimum of 6 affirmative votes for an item to be approved. Chairman Woods announced to the audience that any applicant on the agenda who wishes to have their item heard by the full Commission can request a deferral at this time. Mr. Harold Smith requested a deferral -to the Planning Commission meeting on October 10, 1996. This item was included as part of the Consent Agenda for deferral. A motion to approve the Consent Agenda for deferral. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 4 August 29, 195., ITEM NO.: 7 FILE NO • Z-6166 NAME: "THE EDGE" PD-I LOCATION: 1010 East 3rd Street DEVELOPER: -ENGINEER: Dennis and Danny Martindill P. O. Box 5556 Jacksonville, AR 72076 372-5657 AREA: 1.78 ACRES FT. NEW STREET: 0 ZONING: I-3 PROPOSED USES: Restaurant and Private Club PLANNING DISTRICT: #7 I-30 CENSUS TRACT: 40.01 VARIANCES REOUESTED: None PROPOSAL: To amend Ordinance No. 17,238 to allow a 8 foot by 12 foot sign addition "The Edge" to an existing 2 1/2 foot by 37 foot band sign on the western portion of the roof structure. STAFF REPORT: The PD-I request for a restaurant private club was submitted to the Board of Directors without a Planning Commission recommendation. The Board of Directors approved the PD-I in July 1996 as Ordinance No. 17,238. On July 19, 1996 the applicant was issued a "Courtesy Notice" by Code Enforcement for a unpermitted roof sign. In addition they have two wall -painted signs both facing Second Street on the northeast and northwest block walls. There is also a pole sign in the parking lot facing Second Street and a pole sign at the corner of 3rd and Byrd Streets. August 29, 1996 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO • Z-6166 STAFF RECOMMENDATION: Denial of the request for an 8 foot by 12 foot addition to the existing roof sign. Staff would recommend that the applicant utilize the 2 1/2 foot by 37 foot band sign. The two wall - painted signs on the block walls facing second street would remain. The pole sign in the parking lot facing Second Street and a pole sign at the corner of 3rd and Byrd Streets would remain. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Mr. Fred Grey represented the project applicants. He told the Commission that a roof sign is needed to provide for better visibility of "The Edge". He said that to date the private club has had 17,000 visitors since opening July 23, 1996. In addition 50 full and part-time positions have been created and the surrounding area has been cleaned up by the owners of "The Edge". Mr. Grey showed pictures of several other roof signs in the generally area. Mr. Lawson stated that the roof sign is not in keeping with the historic nature of the building. There was a extensive discussion among the commissioners as to why the Planning Commission was bypassed in the original PD-I request. A motion to amend the PD-I ordinance to include 8 foot by 12 foot roof sign that says "The Edge". The vote on the motion was 5 ayes, 3 nays, 2 absent, and 1 open position. A minimum of 6 ayes are required to approve a motion. The motion fails and the applicant's request is denied. 0a 3t 29, 1996 NO.: 8 FILE NO.: S-1004-C ASHLEY-HANKINS -- SITE PLAN REVIEW LOPER• ENGINEER• Ashley Lakewood Village 'z Little Rock, AR 72116 3.83 ACRES RG• C-3 Tim Daters White-Daters and Assoc. 401 South Victory Little Rock, AR 72201 NUMBER OF LOTS: 1 FT. NEW STREET: 0 RING DISTRICT: #19 Chenal US TRACT• 42.06 ANCES REQUESTED: None 'ROUND: parcel was created as Lot 3 of the Chenal Square Preliminary (S-1004). Lot 1 has been developed as a Coulson Oil - Br King joint facility (Z-5869). No development proposals the remaining two lots has been submitted at this time. PROPOSAL: To develop two retail use buildings and a structure proposed as a restaurant near the corner of West Markham and Chenal Parkway Streets. Building "A" will consist of 8,000 square feet and utilized for retail uses. Building "B" is designed for 24,000 square feet of shop -retail uses. The last building is designated as a freestanding 3,200 square foot Fazoli's restaurant. A total of 171 parking spaces with accompanying landscaping is planned. EXISTING CONDITIONS: The property is undeveloped and heavily wooded. The site has 505 feet of frontage on Chenal Parkway and a driveway access from WestMarkhamStreet. The West Markham Street right-of-way alignment, which existed prior to Chenal Parkway being developed crosses the northwest corner of the site. This right-of-way has been abandoned and the utility easement remains. The Arkansas Power and Light Service Center abuts the site to the east. -C A en e August 29, 1996 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO • S-1004-C G. ANALYSIS: The site plan for Lot 3 as proposed is compatibility with adjacent commercial uses. The design of internal streets, parking and landscaping conform with adopted ordinances. At this time nothing has been submitted for Lots 2 or 4. H. STAFF RECOMMENDATIONS: Approval of site plan (Z-6166) for Lot 3 of Ashley -Hankins commercial center located generally at West Markham and Chenal Parkway. Approval is subject to conditions listed in paragraphs D, E, and F of this report. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Tim Daters, project engineer, represented the applicant and answered questions. Staff indicated that there was not sufficient detail on the plans submitted for proper review. Public Works will require a grading and drainage plan. David Scherer asked Tim Daters to address the issue of access to adjacent property with the drive shown on the east property line. The applicant needs to provide a site plan with specific details including all dimensions to the Planning and Public Works staff no later than 5:00 p.m., Thursday, August 15, 1996. Provided a timely revised submittal is made, the item is to be forwarded to the full Commission for consideration. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Larry Jones indicated to the Planning Commission that staff was adding the requirement for a 10 foot minimum easement along Chenal Parkway to accommodate a sidewalk and public utilities. This item was included as part of the Consent Approval Agenda. A motion to approve the Consent Approval Agenda. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. f August 29, 1996 ITEM NO.: 9 FILE NO.: Z-5098-B NAME: DILLARD'S EXECUTIVE OFFICES EXPANSION - SITE PLAN REVIEW LOCATION: 1600 Cantrell Road DEVELOPER: Dillards 1600 Cantrell Road Little Rock, AR 72207 AREA• 17.5 ACRES ZONING: 0-2 NUMBER OF LOTS: 1 ENGINEER: Tim Daters White-Daters Engineers 401 victory Street PROPOSED USES: Office PLANNING DISTRICT: #5 Downtown CENSUS TRACT• 9 VARIANCES REOUESTED: None at this time STAFF RECOMMENDATIONS: FT. NEW STREET• 0 The engineer has requested a deferral until October 10, 1996 Planning Commission meeting. This will allow the applicant to further define the specifics of the proposal. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Staff was unable to review and comment on the submittal because it lacks a specific project description. The applicant's engineer has requested a deferral. The Committee recommended this item be deferred until the September 19, 1996 Subdivision Committee meeting. August 29, 1996 ITEM NO.• 10 FILE NO • Z-6175 NAME: Hall Day Care - Conditional Use Permit LOCATION: 2723/2725 S. Broadway OWNER/APPLICANT: Bobby Hall PROPOSAL: A conditional use permit is requested to allow for a day care (20 children) within the existing duplex on this R-3 zoned property. ORDINANCE DESIGN STANDARDS: 1. 2. 3. Site Location: The proposed day care site is located on the east side of South Broadway, approximately three blocks south of Roosevelt Road. Compatibility with Neighborhood: The site is surrounded by single family and two-family residential uses and zoning, with commercial uses and zoning located one block west along Arch Street. The proposed use of the property as a day care should not have an adverse effect -on the neighborhood. On -Site Drives and Parking: Access to this property is gained by utilizing either of two drives from South Broadway. The proposed use of the property as a day care will require one (1) off-street parking space per employee plus on -site loading and unloading spaces at a rate of one (1) for each ten (10) children accommodated. The applicant proposes a day care which will accommodate a maximum of 20 children and two employees. Therefore, two (2) off-street parking spaces and two (2) on -site loading and unloading spaces are required. The applicant meets this requirement with the site plan submitted, and no additional parking is required. 4. Screening and Buffers: A six foot high opaque wooden fence with its face side directed outward should be required to screen the August 29, 1�>-6 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6175 proposed playground area from the residential property to the north, south and east. 5. Public Works Comments: No issues apparent. Broadway is a 30 foot street with a 4 foot sidewalk in 80 feet of right-of-way. Roosevelt Roads traffic count was 14,990 ADT and Arch Street was 5,720 ADT in 1992. 6. Utility Comments: Little Rock Wastewater - 8" sewer main located in rear of lot. Contact Little Rock Wastewater Utility for details. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for a day care to be located within this existing duplex, which is zoned R-3. The duplex is located at 2723/2725 S. Broadway. The facility will be open from 6:30 a.m. to 5:45 p.m., and will accommodate a maximum of twenty (20) students (2 1/2 years old and up) and two employees. According to state child care licensing, this staff to student ratio is appropriate for two and a half year old children and UP. According to the site plan, there will be two (2) parking spaces in the rear of the facility which will serve as employee parking and two (2) spaces in front of the facility which will be utilized as loading and unloading spaces. The applicant proposes to place small signs designating the parking spaces for their appropriate use. This parking arrangement complies with ordinance requirements. With proper screening of the playground area from adjacent residential uses, this proposed day care should not have an adverse effect on the neighborhood. 8. Staff Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. Compliance with the Screening and Buffers Comments 2. Compliance with the Utility Comments 2 August 29, 1yy6 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6175 UBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Bobby Hall and Barbara Epps were present, representing the application. Staff gave a brief description of the proposal. There was a brief discussion regarding the number of students proposed and the required parking. Bob Brown, Site Plan Review Specialist, reviewed his screening requirements with the Committee. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. 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 was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. August 29, 1y06 ITEM NO.: 11 FILE NO.: Z-6176 NAME• LOCATION• Garrett - Conditional Use Permit 625 Nix Road OWNER/APPLICANT: Howard Ray Garrett PROPOSAL: A conditional use permit is requested to allow for the placement of a 28 foot by 54 foot 1996 model multisectional manufactured home on this R-2 zoned property. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site is located on the east side of Nix Road, approximately one block south of Archer Lane. Archer Lane runs west off of Gamble Road, approximately 1/2 mile north of Kanis Road. 2. Compatibility with Neighborhood: The site is located in an area predominantly single family in nature. The Cedar Ridge Addition is located west of this site across Nix Road with the Shadow Ridge Addition located to the northwest. There is also a mixture of single family residences north of this site. The property south and east of this site is mostly wooded with a scattering of single family residences. There are also a few other manufactured homes in this general area. With compliance with the ordinance established minimum siting standards, the placement of this manufactured home should not have an adverse effect on the surrounding properties. 3. On -Site Drives and Parking: Access to the site is gained by utilizing a gravel drive from Nix Road. Adequate parking is provided at the site to serve the single family residence. August 29, 1>:o6 SUBDIVISION ITEM NO.: it (Cont.) FILE NO • Z-6176 4. Screenina and Buffers: No comments 5. Public Works Comments: Property is located on a 16 foot wide chipseal street with open ditches and no sidewalk. Construct apron for gravel drive. An asphalt apron versus concrete would be acceptable from edge of pavement to property line per City Ordinance Section 30-43. 6. Utility Comments: Little Rock Wastewater - Sewer main extension required with easements. Little Rock Water Works - An acreage charge of $300/acre applies in addition to normal connection fees. 7. Staff Analysis: This issue is before the Little Rock Planning Commission as result of a recent zoning enforcement action taken on the property at 625 Nix Road. An inspection of the property by the Zoning Enforcement staff revealed that a 14 foot by 70 foot nonconforming mobile home had been removed from the site and replaced with a 28 foot by-54 foot 1996 model multisectional manufactured home. The 14 foot by 70 foot mobile had existed on the site since prior to annexation of this area in 1985. There is also a 10 foot by 12 foot concrete block accessory building which currently exists on this site. Therefore, the applicant is requesting a conditional use permit to allow for the placement of the 28 foot by 54 foot manufactured home on this property at 625 Nix Road, which is zoned R-2. As noted above, the new manufactured home has already been placed on the site. The applicant is requesting variances from the ordinance required front and side yard setbacks. The new manufactured home has small porches on the front and north sides which are approximately 2.5 feet above grade. The applicant is proposing a front yard setback of 24 feet, which is one (1) foot short of the 25 foot front yard setback as required by ordinance. The applicant is also proposing a side yard setback (north side) of two (2) feet, which K August 29, 1y96 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6176 is six (6) feet short of the 8 foot side yard setback required by ordinance. Staff is recommending that the applicant file a right- of-way abandonment application for the 10 foot platted alley which is immediately north of this site. Abandoning this alley right-of-way will increase the side yard setback (north side of structure) and be much closer to compliance with ordinance standards. With compliance with the ordinance established minimum siting standards, the placement of this manufactured home should not have an adverse effect on the surrounding properties. 8. Staff Recommendation: Staff recommends approval of this conditional use permit and of the requested variances with the following conditions: 1. Compliance with the Public Works Comments 2. Compliance with the Utility Comments 3. Compliance with the following minimum siting standards as required by the Little Rock Zoning Ordinance, Section 36-254(d)(5): a. A pitched roof of three (3) in twelve (12) or fourteen-(14) degrees -or greater. b. Removal of all transport elements. C. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. , All homes shall be multisectional. h. Off-street parking per..single-family dwelling standard. 4. The applicant must file a right-of-way abandonment application for the alley right-of-way immediately north of this site. 3 August 29, 1a96 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO • Z-6176 SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) The applicant was not present. Staff gave a brief description of the proposal. Staff explained to the Committee that this request is a result -of an enforcement action as the manufactured home was placed on the site without a permit. David Scherer, Public Works, reviewed his comments with the Committee. There was a brief discussion regarding the setback variances requested and the staff's suggestion to abandon the alley right-of-way. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. 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 was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. 4 August 29, 1y96 ITEM NO.: 12 FILE NO.: Z-6177 NAME: Clark - Conditional Use Permit LOCATION: 17412 Lawson Road OWNER/APPLICANT: Robert L. Clark PROPOSAL: A conditional use permit is requested to allow for the placement of a 28 foot by 60 foot model multisectional manufactured home on this R-2 zoned property. STAFF REPORT• On August 8, 1996 the applicant, Robert L. Clark, submitted a letter to staff requesting that this conditional use permit be withdrawn. Staff recommends approval of the withdrawal. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Staff presented the item, stating that the applicant submitted a letter requesting that the item be withdrawn. Staff recommended approval of the withdrawal. The Chairman placed the item before the Commission for inclusion within the consent Agenda for withdrawal. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. August 29, 1y96 ITEM NO.: 13 FILE NO.: Z-6181 C.JI LOCATION: Hodges - Conditional Use Permit Woodland Drive (East end) OWNER/APPLICANT: Thomas L. Hodges PROPOSAL: A conditional use permit is requested to allow for the placement of 19 multisectional manufactured homes on 19 lots within the Rolling Pines Subdivision, Phase II (Lots 18-21, 23-29, 52-54, 61-63, 98-99). The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1. Site Location: The Rolling Pines Subdivision, Phase II is located at the easterly end of Woodland Drive. Woodland Drive runs east off of Sardis Road, approximately 3/4 mile south of Alexander Road. 2. Compatibility with Neighborhood: The Rolling Pines Subdivision, Phase II is surrounded by single family residential uses and zoning. The property north, south and east of this site is vacant and wooded. There are a number of single family residences located to the west (along Woodland Drive) between this subdivision and Sardis Road. There is also a single family residence on what is shown as Lot 22 on the attached site plan. With compliance with the ordinance established minimum siting standards, the placement of these manufactured homes should not have an adverse effect on the surrounding properties. 3. On -Site Drives and Parking: The applicant proposes a single access point to each of the 19 lots. August 29, L>96 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-6181 The applicant will also provide at least one (1) off- street parking space for each of the 19 proposed manufactured homes. 4. Screenina and Buffers: No comments 5. Public Works Comments: If developer intends to clear all sites at one time, a grading plan with soil loss calculations is required prior to construction. 6. Utility Comments: Little Rock Fire Department - A fire hydrant is required within 800 feet of any of the proposed buildings. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the placement of 19 multisectional manufactured homes on the 19 lots within the Rolling Pines Subdivision, Phase II (Lots 18-21, 23-29, 52-54, 61-63, 98-99). The property is zoned R-2. The applicant is proposing a building envelope (buildable area) for each lot which will allow for a multisectional manufactured -home. It appears that all of the building envelopes meet minimum ordinance requirements regarding building setbacks and no variances are required. There will be a single access point to each of the lots and the applicant will provide at least one (1) off- street parking space for each of the proposed dwellings. The majority of the land surrounding this subdivision is vacant and heavily wooded with approximately two dozen existing single family homes west of this subdivision along woodland Drive. With compliance with the ordinance established minimum siting standards, the placement of these 19 manufactured homes should not have an adverse effect on the surrounding properties. 2 August 29, X_,96 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO • Z-6181 8. Staff Recommendation: Staff recommends approval of the conditional use permit subject to the following conditions: 1. Compliance with the Public works Comments 2. Compliance with the Little Rock Fire Department Comments 3. Compliance with the following minimum siting standards as required by the Little Rock Zoning Ordinance, Section 36-254(d)(5): a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. C. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be.multisectional. h. Off-street parking per single-family dwelling standard. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Tommy Hodges was present, representing the application. Staff gave a brief description of the proposal. There was a brief discussion pertaining to this general area and the type of manufactured home proposed. Staff informed Mr. Hodges that side yard setback variances would be required for Lots 54, 61, 63 and 98. Mr. Hodges responded that these lots would be revised to meet the required setbacks. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. 3 August 29, L.,96 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO • Z-6181 PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The applicant was present. There were several persons present opposing the item. The applicant requested that the item be deferred to the-October-10, 1996 agenda, as offered by Chairman Woods, due to only eight commissioners being present. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral until the October 10, 1996 agenda. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. 4 August 29, 1996 ITEM NO 14 FILE NO.: Z-6182 NAME: Jones - Conditional Use Permit LOCATION: 8900A Johnson Lane OWNER/APPLICANT: Barbara Jones PROPOSAL: A conditional use permit is requested to allow for the placement of a 16 foot by 70 foot 1995 model manufactured home on this R-2 zoned property, to serve as an accessory dwelling. ORDINANCE DESIGN STANDARDS: 1. Site Location: The proposed manufactured home site is located at the end of Johnson Lane which is located at the east end of Johnson Road. Johnson Road runs east off of Heinke Road. 2. Compatibility with Neighborhood: The property north of this site is zoned R-2 and is vacant and wooded. The property immediately east of this site is also mostly vacant and wooded and is zoned OS. There is a single -wide manufactured home located on the lot immediately west of this site with a large concrete block shop building and a duplex located immediately to the south. There are several other single family residences in this general area. With compliance with the ordinance established minimum siting standards and the proper replatting of this lot, the placement of this manufactured home should not have an adverse effect on the surrounding properties. 3. On -Site Drives and Parking: The applicant will gain access to the proposed manufactured home accessory dwelling from Johnson Lane. Ample area exists at the proposed site for parking at least one (1) vehicle. August 29, 1996 SUBDIVISION ITEM NO • 14 (Cont.) FILE NO.: Z-6182 4. ,Screening and Buffers: No comments 5. Public Works Comments: Existing drive is 11 foot-'chipseal-without sidewalks. Johnson was included in the list of county roads under the Mackey Court Order that designated a 50 foot prescriptive easement for the roadways. With platting, dedicate 50 feet of right-of-way with dedication for an offset bulb cul-de-sac. Subdivision regulations require public street access to newly platted lots, the 11 foot chipseal does not qualify as a minimum residential street access. Thus, to subdivide, the street needs to be brought up to a minimum standard of 20 feet as specified as minimum secondary access width. A Traffic Engineering approved turn -around will also be required. There appears to be a conflict with the Master Street Plan South Loop construction. Recommend that the engineer of record plot the South loop proposed location on the plan. 6. Utility Comments: Little Rock Wastewater - Sewer main extension required with easements. Little Rock Fire Department - A fire hydrant is required within 800 feet -of these buildings. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the placement of a 16 foot by 70 foot 1995 model manufactured home on this property to serve as an accessory dwelling. The property is zoned R-2. The 16 foot by 70 foot manufactured home has already been placed on the site. In addition, there is a single-family dwelling, a multisectional manufactured home, and three accessory buildings on this four acre tract (as shown on the site plan). The applicant is also proposing a two -lot replat of this property. Tract "A"will-include approximately 1/2 acre with the multisectional manufactured home. Tract "B" will be made up of approximately 3.35 acres and include the single family dwelling, the three 2 August 29, 15�6 SUBDIVISION ITEM NO.: 14 (Cont ) FILE NO • Z 6182 accessory buildings and the proposed manufactured home accessory dwelling. Both tracts will take access from Johnson Lane. The applicant, Barbara Jones, is proposing the manufactured home accessory dwelling as a residence for her mother. Mrs. Jones has stated that her mother's health is failing and that she needs to live close to her children and grandchildren so that they may help with her day-to-day needs. As noted in the Public Works Comments, there appears to be a conflict with the Master Street Plan South Loop construction. There is an upcoming proposal to downgrade the South Loop from an expressway to a principal arterial. Public Works recommends that the applicant have the engineer of record plot the South Loop proposed location on the site plan. According to the Master Street Plan, it is the City's responsibility to determine the exact location of the right-of-way and extent of right-of-way necessary for the provisions of said facility, and shall require, in conjunction with the approval of the conditional use permit application, the dedication or reservation of the right-of-way. Therefore, staff is recommending, as a condition of approval, that the possible South Loop conflict must be resolved. This general area contains a mixture of single family uses on larger lots. With compliance with the ordinance established minimum siting standards and the proper replatting of this lot, the placement of this manufactured home accessory dwelling should not have an adverse effect on the surrounding properties. S. Staff Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. Compliance with the Public Works Comments 2. Compliance with the Utility and Fire Department Comments 3. Compliance with the following minimum siting .standards..as..required by.._the Little Rock Zoning Ordinance, Section 36-262(d)(2): a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. 3 August 29, 15,6 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-6182 b. Removal of all transport elements. C. Permanent foundation. d. Exterior wall finished so as to be compatible .With -the -neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. Off-street parking per single-family dwelling standard. 4. The applicant must complete a two -lot replat of this property. 5. The exact location of the proposed South Loop must be confirmed and any right-of-way issues resolved. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) The applicant was not present. Staff gave a brief description of the proposal, including the required two -lot replat. David Scherer, Public Works, discussed his comments with the Committee. There was a discussion regarding the apparent conflict with the Master Street Plan South Loop and the possible deferral of this item. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. David Scherer, Public -Works, addressed the Commission during the reading of the Consent Agenda. He stated that he would work with the applicant to resolve issues regarding the South Loop location and requirements. He also stated that dedication for Johnson Lane would occur with the replatting of the lot. 4 August 29, 15y6 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO • Z-6182 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 was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. 5 August 29, 1796 ITEM NO.: 15 FILE NO • Z-6173 Name• Location• Owner/Applicant: Proposal• STAFF ANALYSIS: Elrod Day Care Family Home Special Use Permit 6717 West 65th Street Harvey and Demaris Elrod A special use permit is requested to allow the occupant of 6717 West 65th Street to operate a day care family home. The property is zoned R-2. The general purpose of Section 36-54 states: "Special use permits 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." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are a follow: a. This use may be located only in a single-family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. C. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care. centers are not. allowed by right. 6717 West 65th is located at the southern fringe of a large single family residential neighborhood. All surrounding properties are zoned R-2. Single family homes are adjacent August 29, 1996 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-617 to the east, west and south as well across 65th Street to the north. The site consists of a typical single family residential structure. The property has a back yard enclosed by a chain -link fence which provides adequate play area. The primary use of the property will remain single family residential. The special use permit will allow the occupant of the home to keep from 6-10 children. No signage will be allowed beyond that allowed in single family zones. The applicant must receive any required licenses from the state. STAFF RECOMMENDATION: Staff recommends approval of the special use permit to allow a day-care family home subject to compliance with the site and location criteria established for day care family homes in Section 36-54 of the Code of Ordinances. PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved subject to compliance with the site and location criteria established for day-care family homes in Section 36-54 of the Code of Ordinances. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. 2 August 29, 1996 ITEM NO.: 16 FILE NO • G-23-251 Nam Location• Owner/Applicant: Walnut Street Exclusive Right - of -Way Abandonment Walnut Street at Kavanaugh Blvd. - 2601 Kavanaugh Blvd. Middle March, Ltd./Kyle Boswell Request: To abandon the west 7 feet of the first 137 feet of Walnut Street south of Kavanaugh Blvd., with the abandonment tapering back to the standard 60 foot right-of-way over the first (north) 25 feet. STAFF REVIEW• 1. Public Need for This Right -of -Way: There is no public need for this right-of-way. 2. Master Street Plan: The Master Street Plan reflects no need for this right- of-way. 3. Need for Right -of -Way on Adjacent Streets: There is no need for right-of-way on adjacent streets. 4. Characteristics of Right -of -Way Terrain: The proposed area of abandonment contains the concrete slab and steps from the Ice House Center building which recently burned. 5. Development Potential: Once abandoned, the area of this abandonment will be incorporated into the adjacent commercial property. This area will be used for the construction of concrete steps and retaining walls to serve the new commercial development. 6. Neighborhood Land Use and Effect: The properties to the south and the east (across Walnut Street) contain single family residential structures. August 29, 1996 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO • G-23-251 The property across Kavanaugh Blvd. to the north contains the parking lot for the former Ice House Center and the properties to the west, along Kavanaugh Blvd., include a mixture of commercial uses. Abandoning this right-of-way should have no effect on the neighborhood. 7. Neighborhood Position: No neighborhood position has been voiced. All abutting property owners as well as the Hillcrest Residents Association have been notified of the public hearing. 8. Effect on Public Services or Utilities: AP&L - No objection. No easements required. ARKLA - No objection. No easements required. Southwestern Bell - No objection. No easements required. Little Rock Wastewater Utility - No objection. No easements required. Little Rock Water Works - No objection. No easements required. 9. Reversionary Rights: All reversionary rights will extend to Middle March, Ltd. 10. Public Welfare and Safety Issues: Abandoning this right-of-way will not effect the public welfare and safety. STAFF RECOMMENDATION: Staff recommends approval of the exclusive right-of-way abandonment. . BDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) The applicant was not present. Staff gave a brief description of the proposed right-of-way abandonment. David Scherer briefly discussed the proposal and the Public Works issues involved. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. 2 August 29, IY96 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO • G-23 251 PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. 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 was passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. 3 August 29, 1996 ITEM NO.• 17 FILE NO • G-25-172 Name: Commerce Street - Street Name Change Location: Commerce Street north of East Markham Street, between East Markham Street and Riverfront Park Petitioner: City of Little Rock Reouest: To change the name of this portion of Commerce Street to St. Vincent Plaza. Abutting Uses and Ownerships: The River Market development of this portion of Commerce (Terminal Building) located Pacific Railroad Company is No buildings take a Commerce Neighborhood Effect: is located along the west side Street with the Museum Center along the east side. The Union also an abutting property owner. Street address. The proposal should have no effect on the neighborhood. Neighborhood Position: The property owners whose property adjoins this block of Commerce Street have been notified of this proposal for street name change. The River Market District Private Property Owners Association, the Downtown Neighborhood Association and the East End Civic League have also been notified of the proposal for street name change. Effect on Public Services: No street addresses will change as a result of this street name change. Only one street sign will need to be changed. STAFF ANALYSIS: The proposal before the Planning Commission is to change the name of one block of Commerce Street to St. Vincent Plaza. The River Market is located along the west side of this block with the Museum Center (Terminal Building) located on August 29, 1y96 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: G-25-172 the east side. All owners of property abutting this portion of Commerce Street have been notified of the proposal as have the River Market District Private Property Owners Association, the Downtown Neighborhood Association and the East End Civic League. Staff has received a letter from the City of Little Rock Public Works Department stating that the proposed name change is not acceptable. Public Works states that "the proposed name of St. Vincent Plaza duplicates an existing street name of St. Vincent Drive," and the distinction of "Plaza" versus "Drive" is insufficient within the guideline of the City ordinance regulating addressing. Public Works states that the problem with the proposed change is that St. Vincent Drive is not in close proximity to the proposed St. Vincent Plaza, and that it is very conceivable that a situation could arise in requesting 911 services where confusion over these two names could cause emergency vehicles to be dispatched to an area five miles from where they are really needed. And, most critical, the street name currently in use is for a major hospital in the City.' Staff has also received a letter from Louie Caudell, Little Rock Chief of Police. Chief Caudell also states that the proposed name change could cause confusion with responding emergency personnel and this confusion could cause delays in the immediate response to calls for service. Chief Caudell states that public safety issues should take precedence in any decision to rename a portion of Commerce Street and requests that the proposed street name change be denied. STAFF RECOMMENDATION: Given the fact that no businesses or buildings will take a "St. Vincent Plaza" address, staff recommends approval of the street name change. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Staff gave a brief description of the street name change proposal. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. E .August 29, 19.,6 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO • G-25-172 PLANNING COMMISSION ACTION: (AUGUST 29, 1996) Staff presented the item to the Planning Commission with a recommendation of approval. Staff referenced the letters and concerns presented by the -Public Works Department, the Little Rock Police Department and the River Market Private Property Owners Association. Jim Lawson, Planning Director, informed the Commission that St. Vincent's has made a sizable contribution to the development of the River Market area. Mr. Lawson stated that in honor of the contribution it is proposed to rename the street to St. Vincent Plaza. Mr. Lawson stated that this area of Commerce Street is a "plaza -like" area and at many times is not utilized as a through street. Mr. Lawson also stated that if an emergency arises in this area that it would probably be called in to 911 services as something other than St. Vincent Plaza (Riverfront Park or River Market for example). Chairman Woods asked if there would be a street sign reading "St. Vincent Plaza". Mr. Lawson responded that he was not sure of the answer to that question. He stated he did not know if it would be.a street sign or something like a plaque. Commissioner Hawn stated that it should not be assumed that a 911 call would not be called in as -"St. Vincent Plaza". There was a brief discussion concerning the erection of a plaque in this area honoring St. Vincent's rather than renaming the street. Commissioner Brandon stated that she is opposed to the name change because the police department is opposed. Mr. Lawson explained that this request comes from the Board of Directors and the Planning Commission recommendation would be forwarded to the Board. Commissioner Adcock stated that if the Commission recommends denial, the Board of Directors needs to know why. (Safety reasons). David Scherer asked if it has been considered to abandon this right-of-way. There was a brief discussion pertaining to Mr. Scherer's question. 3 August 29, 1yy6 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO • G 25 172 Chairman Wood called the question. The Planning Commission voted to recommend denial of the street name change request by a vote of 0 ayes, 7 nays, 3 absent and 1 open position. 4 1���11��1111/1 �I�OOl11610�1l711� �I�l7H01�l1l1l1ll�lll �►\l7�0�10�70l7�11� O�10►1l7�IL7l7l70�1l1 B/Nl1�11lt1l1�1l�I��l 8'■��OI�Ot1�0110 B►�o��u�uoo■io e��uiin�►�iii� e�voo�ioomm� o►��m�v���o �I�OklIlllklk1�01 O1�OL1L7�I�1tl�7tllvl �\1ok11�1�ILlll�ltl�l�l C1��uO►v0alu�7■1N c�i►�uo���om�� m�om�►�ovi�v o■mov�u000�v 131MooMIN mime N � I IHII OQ H E Q z Hzw13Z4WU HQ E M azw z �HtllN Nzx Wa1��OQa3►ax Q H �>4 Q z Q .maw U 4 z0 M w O ��aQ h Q C] M ZZ►Z M a01a M 0>+ x viH O W H O X w Q a . \t z H Q E M ro H z w m Q W Q z • August 29, 1996 SUBDIVISION MINUTES There being no further- business before the Commission, the meeting adjourned at 6:45 p.m.