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HomeMy WebLinkAboutpc_10 06 2016 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD OCTOBER 6, 2016 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Craig Berry Alan Bubbus Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Scott Hamilton Troy Laha Paul Latture Bill May Members Absent: Open Position City Attorney: Shawn Overton III. Approval of the Minutes of the August 25, 2016 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. WRIGHT I N T E R S T A T E 4 3 0 I N T E R S T A T E 3 0 36TH S C O T T H A M I L T O N B R O A D W A Y HAR P E R H I L A R O S P R I N G S I N T E R S T A T E 3 0 INTERSTATE 630 KANIS W O O D R O W INTERS T A T E 4 4 0 BASELINE BURLINGAME C H E N O N C E A U RODN EYPARHAM A S H E R CANTRELL DENNY 65TH U N I V E R S I T Y N A P A V A L L E Y S T A G E C O A C H M A I N COLONELGLENN CANTRELL FORBING ROOSEVELT C H E N A L S A R D I S R I V E R M O U N T A I N 12TH M A R S H LAWSON C H I C O T COUNTYLINE R E S E R V O I R MARKHAM 2ND V A N B U R E N 17TH 3RD CR Y S T A L V A L LE Y D I X O N HINSON TALIAFERRO OTTER CREEK MABELVAL E WEST S H A C K L E F O R D VINSON B O N D M A B E L V ALE F A I R P A R K ALEXANDER F E R N D A L E S C O T T HIGHWAY10 RAINES WILLOW SPRINGS GEYER SPRINGS SLOANE C O L O N E L M I L L E R D A N T H O M A S S U L L I V A N H I G H W A Y 6 5 /1 6 7 IRONTON CUTOFF D R E H E R G A R R I S O N BASELINE M I S S I S S I P P IMASSACHUSETTS R I V E R F R O N T B O W M A N S T E W A R T B A R R O W KANIS D A V I D O D O D D A R C H H I G H W A Y 3 0 0 V I M Y R I D G E PINNACLE VALLEY BEAUCHAMP A R C H ¬«A ¬«B ¬«1 ¬«2 ¬«3 ¬«4 ¬«5 ¬«6 10/6/2016 Arkansas River Planning/Rezoning Commission Rev: 8/30/2016 ±0 1 20.5 Miles City of Little Rock Planning & Development Items Items Agenda Deferred Location19219 Sibley Hole Road2217 Auburn Drive32007/2009 Wilson Road46100 N. Katilus Road515001 Kanis Road621501 Highway 10 LocationA2101 Simpson StreetItems B 1102 S. Pulaski Sreet LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING OCTOBER 6, 2016 4:00 P.M. I. OLD BUSINESS: A. Z-9156 Hayes Parolee/Probationer Housing Facility – Special Use Permit 2101 Simpson Street B. Z-9157 Johnson Group Care Facility – Special Use Permit 1102 S. Pulaski Street II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-5652-A HRA Group Care Facility – Special Use Permit 9219 Sibley Hole Road 2. Z-9166 Naomi’s House Group Care Facility – Special Use Permit 217 Auburn Drive 3. Z-9167 Rezoning from R-2 to R-4 2007/2009 Wilson Road 4. Z-9165 Pinnacle View Middle School Sports Field – Conditional Use Permit 6100 N. Katillus Road 5. A-328 Pulaski County Special School District Annexation Joe T. Robinson Schools 21001 – 21501 Highway 10 Baker Elementary 15001 Kanis Road 6. LA-0072 Land Alteration Variance 5808 Baseline Road October 6, 2016 ITEM NO.: A FILE NO.: Z-9156 Name: Hayes Parolee/Probationer Housing Facility – Special Use Permit Location: 2101 Simpson Street Owner: Tammy Hayes Applicant: Tammy Hayes Proposal: A Special Use Permit is requested to allow a Parolee/Probationer Housing Facility to be operated in the single family residence located on the R-2 zoned property at 2101 Simpson Street. STAFF UPDATE: On August 10, 2016 the applicant requested this application be deferred to the October 6, 2016 agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (AUGUST 25, 2016) Staff informed the Commission that on August 10, 2016 the applicant requested deferral of this application to the October 6, 2016 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the October 6, 2016 agenda. The vote was 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF UPDATE: On September 22, 2016 the applicant requested this application be withdrawn. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Staff informed the Commission that on September 22, 2016 the applicant requested withdrawal of this application. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The application was withdrawn. October 6, 2016 ITEM NO.: B FILE NO.: Z-9157 Name: Johnson Group Care Facility – Special Use Permit Location: 1102 S. Pulaski Street Owner: Jeanne Guerin Applicant: Trina Johnson Proposal: A Special Use Permit is requested to allow a group care facility to be operated in the single family residence located on the R-4 zoned property at 1102 S. Pulaski Street. A. Public Notification: All owners of property located within 200 feet of the site and the Downtown and Central High Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 1102 S. Pulaski Street is located on the west side of S. Pulaski Street, just south of West 11 th Street. The property is occupied by a two-story frame single family structure. There is a one-car wide driveway/curb cut from S. Pulaski Street at the southeast corner of the site. Remnants of a gravel driveway are located along the south side of the residence. There is currently no improved off-street parking. There is also on-street parking located along S. Pulaski Street. All surrounding properties contain residential structures, both single family and multi-unit structures, and are zoned R-2 and R-6. There are several boarded-up residences and vacant lots in this general area. The applicant, Trina Johnson, proposes to utilize the existing 2,912 square foot structure as a group care facility. The residential facility will house up to 16 youth residents between the ages of 12 to 17. Residents in the home may be referred by the State Division of Children and Family October 6, 2016 ITEM NO.: B (Cont.) FILE NO.: Z-9157 2 Services (DCFS), courts, churches or private placement by the child’s parent or guardian. The applicant provides the following information with respect to house parents/employees: • There will be two (2) house parents who will work varying shifts. There will be three (3) workers at any given shift to include staff/houseparent. Shift hours will be the following hours: 7:00 a.m. to 3:00 p.m., 3:00 p.m. to 11:00 p.m., 11:00 p.m. to 7:00 a.m. The applicant provides the following information regarding specific activities which will take place at this location: • Recreational Therapy, Coping Skills, Education, Positive Habits, Motivation and Success, Art Therapy, Self-Esteem, Relationship Building, Boundaries, Building Support Networks and Goal Setting • Individual and group counseling sessions facilitated by Licensed Therapist (house parent licensed) • Med management by psychiatrist and medical physician (not established yet, however plan to integrate services upon selection). Medical staff to visit once weekly • DCFS case managers visits The applicant also provides the following information regarding parking: • Currently on the front southeast portion of the home, replacement gravel will be added to the partially graveled area for parking. In the event purchase of a van is attained for the facility, it shall be parked in this designated location. • Additional parking will be initiated at a later date to the opposite (right) front area of the facility. • In the event DCFS staff visits the facility, parking on the street will be available. The site is not located on a Rock Region Metro bus route. Route #11 (M. L. King Route) runs along Dr. Martin Luther King Drive two (2) blocks to the west. October 6, 2016 ITEM NO.: B (Cont.) FILE NO.: Z-9157 3 Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Care Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. October 6, 2016 ITEM NO.: B (Cont.) FILE NO.: Z-9157 4 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to an area survey, there are no other transitional-type residential facilities within 1,500 feet of the property. The applicant notes that there will be ten (10) bedrooms within the residence, with the maximum residents per bedrooms as noted below. The total number of residents within the home will not exceed 16. • Room (1) 132 square ft. 2 occupants • Room (2) 137 square ft. 2 occupants • Room (3) 155 square ft. 2 occupants • Room (4) 106 square ft. 1 occupant • Room (5) 166 square ft. 2 occupants • Room (6) 135 square ft. 2 occupants • Room (7) 149 square ft. 2 occupants • Room (8) 149 square ft. 2 occupants • Room (9) 210 square ft. 3 occupants • Room (10) 213 square ft. 3 occupants Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 16 persons is 1,650 square feet. As noted earlier the residential structure contains 2,912 square feet. October 6, 2016 ITEM NO.: B (Cont.) FILE NO.: Z-9157 5 Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. All of the proposed bedrooms will conform to this requirement. According to the applicant, a bill of assurance could not be located for this property. The Little Rock Fire Marshal has inspected the property and approved the proposed occupancy. The inspection report notes that several items will need to be addressed prior to occupancy. These include exit/emergency signs and lighting, fire extinguishers, fire alarm system, doors, outlets and outside lighting. Staff is not supportive of the requested special use permit to allow a group care facility at 1102 S. Pulaski Street. Although staff’s survey revealed no other transitional-type living facilities within 1,500 feet of the site, staff feels that the proposed occupancy of 16 residents and three (3) staff members is too intense for this area. The proposed occupancy is very institutional in scale. All of the surrounding properties are small scale residential properties, including single family occupancy. Staff believes that a group care facility for 16 residents at this location could have an adverse impact on the surrounding residential properties. D. Subdivision Committee Comment: (August 3, 2016) Trina Johnson was present, representing the application. Staff presented the application and noted that additional information was needed with respect to number and occupancy of bedrooms, employees/personnel, other activities and parking. These issues were briefly discussed. Ms. Johnson noted that the additional information would be submitted to staff. Staff also noted that an inspection of the structure by the Fire Marshal must be completed prior to the Planning Commission meeting. After the brief discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to operate a group care facility at 1102 S. Pulaski Street. October 6, 2016 ITEM NO.: B (Cont.) FILE NO.: Z-9157 6 PLANNING COMMISSION ACTION: (AUGUST 25, 2016) Staff informed the Commission that on August 26, 2016 the applicant requested deferral of this application to the October 6, 2016 agenda. Staff supported the deferral request. There was a motion to waive the bylaws and accept the request for deferral being less than five (5) days prior to the public hearing. The vote was 9 ayes, 0 nays and 2 absent. The bylaws were waived. The item was placed on the Consent Agenda for deferral to the October 6, 2016 agenda. The vote was 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Staff informed the Commission that on October 5, 2016 the applicant requested withdrawal of this application. Staff supported the withdrawal request. There was a motion to waive the bylaws and accept the request for withdrawal being less than five (5) days prior to the public hearing. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The bylaws were waived. The item was placed on the Consent Agenda for withdrawal. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The application was withdrawn. October 6, 2016 ITEM NO.: 1 FILE NO.: Z-5652-A Name: HRA Group Care Facility – Special Use Permit Location: 9219 Sibley Hole Road Owner: Health Resource of Arkansas (Division of Preferred Health Care) Applicant: Robin Raveendran Proposal: A Special Use Permit is requested to allow a group care facility to be operated in the existing structure located on the O-3 zoned property at 9219 Sibley Hole Road. A. Public Notification: All owners of property located within 200 feet of the site and the Southwest Little Rock United for Progress Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 9219 Sibley Hole Road is located on the east side of S. Sibley Hole Road, between Interstate 30 and Baseline Road. The property is occupied by three (3) commercial/office type buildings. Two (2) large buildings are located within the north half of the property, with a smaller structure within the south half of the site. A paved driveway leads from Sibley Hole Road to the existing buildings. Paved parking exists between the buildings. There is on-site parking for over 50 vehicles. The property has been occupied by the Baptist Missionary Association of America. Three (3) single family residences are located on the R-2 zoned property east/north of the subject property, also along the east side of Sibley Hole Road. Light Industrial uses, commercial uses and a church are located on other surrounding properties. The other surrounding zonings include R-2, C-4, PD-C, I-1, I-2 and PD-I. The applicant, Robin Raveendran, proposes to utilize the smaller building within the south half of the property as a group care facility. The building October 6, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-5652-A 2 is approximately 5,474 square feet in area. The residential facility will house up to 15 co-ed youth residents between the ages of 13 to 17. The residents will be adolescents with substance-use disorders. The facility will be licensed by State Child Care Licensing. The applicant provider the following information with request to house parents/staff: • Staffing patterns will follow all residential child care license requirements and any other relevant regulating authority. There will be a staff/child ratio of at least one staff to nine children during walking hours, and at least one staff to twelve children during sleeping hours. Beyond licensing requirements, the program will follow other standards set by management as best practices (Preferred Family Healthcare) to have three staff in the evenings with at least one with Counselor-in-Training (CIT), a substance abuse license status. Counselors/therapists are expected to rotate evenings and weekends, so there will consistently be a clinical staff member at the site during waking hours. Child caring staff will be responsible for providing level of supervision, care, and treatment necessary to ensure the safety and well-being of each child at the facility, taking into account the child’s age, individual differences and abilities, surrounding circumstances, hazards, and risks. The applicant provides the following information regarding specific activities which will take place at this location: • Provide a treatment program for adolescents with substance-use disorders. The program is to consist of individual, group and family interventions /therapies related to substance abuse. Performing providers delivering services are to be dually qualified substance abuse counselors and state-licensed mental health professionals. All services will be provided in a residential setting. As noted previously, the site contains parking for over 50 vehicles. The existing parking should be an ample amount to serve the proposed residential use and other buildings on the site. The site is not located on a Rock Region METRO bus route. Section 36-54(e) (4) of the City’s Zoning Ordinance provides the following provisions for Group Care Facilities, as adopted by the Board of Directors on September 6, 2005: October 6, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-5652-A 3 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. October 6, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-5652-A 4 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to an area survey, there are no other transitional-type residential facilities within 1,500 feet of the property. The applicant notes that there will be eight (8) bedrooms within the residence, with the maximum residents per bedrooms as noted below. The total number of residents within the home will not exceed fifteen (15). • Bedroom (1) 624 square feet – 2 occupants • Bedroom (2) 624 square feet – 2 occupants • Bedroom (3) 624 square feet – 2 occupants • Bedroom (4) 624 square feet – 2 occupants • Bedroom (5) 624 square feet – 2 occupants • Bedroom (6) 624 square feet – 2 occupants • Bedroom (7) 624 square feet – 2 occupants • Bedroom (8) 624 square feet – 1 occupant Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 15 persons is 1,550 square feet. As noted earlier the residential structure contains 5,474 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. All of the proposed bedrooms will conform to this requirement. October 6, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-5652-A 5 The applicant did not submit a bill of assurance, as the property is not located within a subdivision. The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. The applicant submitted a written Fire Marshal approval, noting no issues. Staff is supportive of the requested special use permit to allow a group care facility at 9219 Sibley Home Road. Staff believes that the property at 9219 Sibley Hole Road is an appropriate site for the proposed transitional-type living facility. The subject property is located within an area of mixed uses and zoning. The majority of the surrounding uses are light industrial and heavy commercial in nature. There are also three (3) single family residences and a church in the immediate area. As noted previously, staff found no other similar living facilities within 1,500 feet of the site. The building proposed for residential occupancy is located within a landscaped, campus-type area. Wooded property surrounds the O-3 zoned property at 9219 Sibley Hole Road. Staff believes that a group care facility for 15 residents at this location will have no adverse impact on the adjacent properties or the general area. D. Subdivision Committee Comment: (September 14, 2016) Robin Raveendren was present, representing the application. Staff briefly described the proposed group care facility use. Staff noted that additional information was needed related to the area of the structure and bedroom occupancy. The issue of parking was briefly discussed. Staff voted that ample parking existed on the site. Mr. Raveendren noted that the Fire Marshal had inspected the site and that he would provide a report to staff. After the brief discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the requested Special Use Permit to allow a group care facility at 9219 Sibley Hole, subject to compliance with the provisions of Section 36-54(e) (4) of the City’s Zoning Ordinance. October 6, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-5652-A 6 PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Staff informed the Commission that the required notices to surrounding property owners was mailed five (5) days late. Staff explained that the applicant obtained signatures from all but one (1) of the surrounding property owners, noting that they had received notice. The one (1) other property owner signed for the certified notice on September 28, 2016. Staff noted that the Commission needed to waive their bylaws if they wished to proceed with the application. Staff noted no objection to a bylaw waiver. Kathleen Oleson addressed the Commission, noting that notice was important, but that she did not object to a bylaw waiver. There was a motion to waive the bylaws and accept the applicant’s notice to surrounding property owners as completed. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The bylaws were waived. Staff presented the staff recommendation of approval for the requested special use permit application. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 10 ayes, 0 nays, 0 absent and 1 open position. The application was approved. October 6, 2016 ITEM NO.: 2 FILE NO.: Z-9166 Name: Naomi’s House Group Care Facility – Special Use Permit Location: 217 Auburn Drive Owner: Chris Henry Applicant: Eddie Ellis Proposal: A Special Use Permit is requested to allow a group care facility to be operated in the single family residence located on the R-2 zoned property at 217 Auburn Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 217 Auburn Drive is located on the southeastern side of Auburn Drive, south of Shamrock Drive and north of West Markham Street. The property is occupied by a two-story (split-level) brick and frame single family residence. There is a two-car wide driveway from Auburn Drive at the northwest corner of the property. A two-car wide carport is located at the northwest corner of the residence. There is off-street parking for four (4) to six (6) vehicles. There is also on-street parking located along Auburn Drive. All surrounding properties contain single family residential structures and are zoned R-2. The applicant, Eddie Ellis, proposes to utilize the existing 2,663 square foot structure as a group care facility. The residential facility will house up to eight (8) female residents between the ages of six (6) to seventeen (17). Residents of the home will be suffering from behavioral issues or be in the need of foster care. October 6, 2016 ITEM NO.: 2 (Cont.) FILE NO.: Z-9166 2 The applicant provides the following information with respect to house parents/employees: • There will be two (2) staff at the home at all times. • House parent Tahara Williams has Bachelors of Social Work Degree with 7 years’ experience working with behavioral children. The applicant provides the following information regarding specific activities/services which will take place at this location: • The programs that will be provided are a structured stable day-to-day living, by protecting, teaching, and healing the children that reside in the home. The daily operation will include active participation in therapy, school and learning activities. • The girls will attend the area local and public schools unless there is a request by legal authority. Our staff will monitor the progress, academics and behavior of each child closely. • Transportation will be provided for school, doctors’ appointments and counseling by Naomi’s House Staff. • While living in the home privileges will be earned by phases. The girls will be actively involved in running the home to include planning, shopping and preparing meals, cleaning the house, planning group activities and dealing with daily conflicts. • This program will provide many opportunities for each child to learn new skills with staff support. Naomi’s House is a small setting so that each child will become familiar with staff while living in a home like environment that is comfortable and full of love. The applicant provides the following information regarding parking: • There will be 1 vehicle parked under the carport of the home which will be there around the clock due to it being a transportation van for the home. All other vehicles will only come and go during business hours. There will be no more than 3 vehicles at the home at a time. Those cars will belong to day time staff and part-time staff. The applicant also provides the following information related to the proposed occupancy: October 6, 2016 ITEM NO.: 2 (Cont.) FILE NO.: Z-9166 3 • During the school year (August through May) there will be no children at the home from the hours of 8 a.m. to 3:30 p.m. unless a child is ill or school is not in session for that day. School is not in session for holidays which will be Spring, Thanksgiving, and Christmas break. • During the summer months children will be attending a summer camp during the day which will be outside of the home. The site is not located on a Rock Region METRO bus route. Route #5 (West Markham Route) and Route #8 (Rodney Parham Route) run along West Markham Street to the south. Section 36-54(e) (4) of the City’s Zoning Ordinance provides the following provisions for Group Care Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. October 6, 2016 ITEM NO.: 2 (Cont.) FILE NO.: Z-9166 4 (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to an area survey, staff identified one (1) other approved transitional-type residential facility within 1,500 feet of the subject property. A special use permit for a group home was approved in 2013 for the property at 101 N. Plaza Drive. The applicant notes that there will be five (5) bedrooms within the residence, with the maximum residents per bedrooms as noted below. The total number of residents within the home will not exceed eight (8). October 6, 2016 ITEM NO.: 2 (Cont.) FILE NO.: Z-9166 5 • Bedroom (1) 223 square feet – 3 residents • Bedroom (2) 183 square feet – 2 residents • Bedroom (3) 191 square feet – 3 residents • Bedroom (4) 189 square feet – house parents • Bedroom (5) 335 square feet – staff office Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by eight (8) persons is 850 square feet. As noted earlier the residential structure contains 2,663 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. All of the proposed bedrooms will conform to this requirement. The applicant submitted a bill of assurance for this subdivision. The bill of assurance does not appear to address use issues. The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. The applicant must submit a written Fire Marshal inspection report to staff prior to the October 6, 2016 Planning Commission meeting. Staff is not supportive of the requested special use permit to allow a group care facility at 217 Auburn Drive. Staff does not believe the requested use is appropriate for the area. The subject property is located in the center of a large single family neighborhood. All surrounding properties contain single family residences and are zoned R-2. An area survey conducted by staff revealed one (1) other approved special use permit within 1,500 feet of this site. The approved special use permit was for a group home for recovering substance abusers. Staff believes that another special use permit for a transitional-type living facility should not be approved for this neighborhood. Staff believes that a group care facility at this location could have an adverse impact on the surrounding residential properties. D. Subdivision Committee Comment: (September 14, 2016) The applicant was not present. Staff presented the application noting that only a minimal amount of additional information was needed. Staff noted October 6, 2016 ITEM NO.: 2 (Cont.) FILE NO.: Z-9166 6 that an inspection of the structure by the Fire Marshal’s Office must be completed prior to the Planning Commission meeting. After the brief discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to operate a group care facility at 217 Auburn Drive. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Staff informed the Commission that the application needed to be deferred based on the fact that the applicant failed to post the notice of public hearing sign as required. The item was placed on the Consent Agenda for deferral to the November 17, 2016 agenda. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The application was deferred. October 6, 2016 ITEM NO.: 3 FILE NO.: Z-9167 Owner: Henry H. Rodgers Applicant: Kenny Whitfield, Perry’s Pennies, LLC Location: 2007/2009 Wilson Road Area: 0.32 Acre Request: Rezone from R-2 to R-4 Purpose: To construct two (2) duplex structures Existing Use: Undeveloped lots SURROUNDING LAND USE AND ZONING North – Single family residences and duplexes; zoned R-2 and R-4 South – Vacant lots, single family residences and duplexes; zoned R-2 and R-4 East – Single family residences; zoned R-2 West – Vacant lots and single family residences (across Wilson Road); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Wilson Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. The maximum driveway width for residential use is 20 ft. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow, Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of the public hearing. October 6, 2016 ITEM NO.: 3 (Cont.) FILE NO.: Z-9167 2 D. LAND USE ELEMENT: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Residential Low Density Use (RL) for this property. Residential Low category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to R-4 (Two Family District) to allow development of two duplexes on the two lots. Master Street Plan: To the west of the property is Wilson Road and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exists to the site. BICYCLE PLAN: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Henry H. Rodgers, owner of the .32 acre property located at 2007/2009 Wilson Road, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The property is located on the east side of Wilson Road south of West 20 th Street. The rezoning is proposed to allow the construction of two (2) duplex structures on the site. The property is comprised of two (2) platted lots. The Lots are currently undeveloped and partly wooded. The property has a slight slope upward from west to east and south to north, basically following the elevation of Perry Street. Single family residences are located north and east of the subject property, with two (2) duplex structures (zoned R-4) immediately to the northeast. Vacant lots, single family residences and duplex structures are located to the south. Undeveloped lots and single family residences are located across Wilson Road to the west. October 6, 2016 ITEM NO.: 3 (Cont.) FILE NO.: Z-9167 3 The City’s Future Land Use Plan designates this property as Residential Low Density (RL). The requested R-4 zoning does not require an amendment to the plan. Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is comprised of two (2) platted single family lots. Two (2) duplex structures will only be a minor increase in the original platted density. New duplex structures have been recently developed within this neighborhood. Staff recently conducted a survey of this neighborhood, between West 16 th Street and West 24 th Street, and Aldersgate Road to Junior Deputy Road. The survey counted the total number of residential lots within this area, and how many of the total residential lots are zoned R-4. Staff found that there are 368 total residential lots within this area, and that 25 are zoned R-4 (with two (2) lots pending before the Board of Directors). This represents R-4 zoning on a total of 7.33 percent of the overall residential lots within this neighborhood. The two (2) lots proposed for R-4 zoning would raise this ratio to 7.88 percent. Staff feels that his represents a very minimal percentage of the overall residential area. Staff believes the applicant’s plan to construct two (2) new duplexes will be a quality, in-fill type, development for this general area south of West 18th Street. Staff believes rezoning this property to R-4 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Kenny Whitfield was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Kenny Whitfield addressed the Commission in support of the application, reserving comment until after the objector spoke. Susan Staffeld addressed the Commission in opposition. She stated that the lots in question were wooded and wished to keep them wooded. She questioned the construction of the duplexes. She noted eviction as an issue and the presence of police in the area. She discussed the density of duplexes in the area. She read a letter from another property owner. October 6, 2016 ITEM NO.: 3 (Cont.) FILE NO.: Z-9167 4 Kenny Whitfield explained that all the units were 1,550 square feet in area, and that they were well constructed. He noted that he calls the police to have the neighborhood patrolled every week. He discussed other properties in the area and presented photos of other properties and his duplex properties. He noted that his tenants were working class persons and that his duplexes were not Section 8 housing. Staff noted that the required notification to surrounding property owners was completed correctly by the applicant. Commissioner Bubbus made comments in support of the application. Commissioner Laha asked Ms. Staffeld how for she lived from the subject property. She noted that she was not within 200 feet of the property. Commissioner Laha asked if there was a neighborhood association. Ms. Staffeld stated that there was not. There was a motion to approve the application. The motion passed by a vote of 10 ayes, 0 nays, 0 absent and 1open position. The application was approved. October 6, 2016 ITEM NO.: 4 FILE NO.: Z-9165 NAME: Pinnacle View Middle School Sports Field – Conditional Use Permit LOCATION: 6100 N. Katillus Road OWNER/APPLICANT: Little Rock School District/White-Daters PROPOSAL: A conditional use permit is requested to allow for construction of a public school sports field on this R-2 zoned tract. 1. SITE LOCATION: The property is located at the north terminus of N. Katillus Road, north of Cantrell Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed sports field is to occupy the SE ¼ of this 40± acre tract. The remainder of the undeveloped tract wraps around the north and east perimeters of the sports field. An undeveloped POD tract is located to the south as is an R-2 zoned tract containing several site built and manufactured homes. Immediately west of the sports field, across Katillus Road, is the new campus of an LRSD Middle School. Single family homes are located to the north west and father north, beyond the remainder of the 40 acre tract. The proposed sports field is well separated from the single family. The proposed day-use only field is compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Johnson Ranch, Chevaux Court, Tulley Cove and Coalition of WLR Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: No new parking is proposed. The parking located on the school site to the west will be used. Katillus Road right-of-way through the site will be abandoned and the roadway will be used as a private drive to the site. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. October 6, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-9165 2 Any existing landscape or irrigation disturbed by construction shall be repaired or replaced before completion and final acceptance of the project. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Show the extent of the public right-of-way. Right-of-way located within the school behind proposed gates should be abandoned. 3. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the owner. 4. Prior to construction of retaining walls taller than 4 ft., an engineer’s certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 5. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. EAD approval required. Entergy: Entergy does not object to this proposal. A three phase overhead line extends up N. Katillus Road almost to the location of the proposed restroom/concession area for this project. The electrical lines do not appear to be in conflict with the proposed development. Contact Entergy in advance to discuss future service requirements, new facilities locations and adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. October 6, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-9165 3 AT&T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . County Planning: No comments. Rock Region METRO: Located along express route #25. No impacts on transit. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 14, 2016) Tim Daters was present representing the application. Staff presented the item and noted some additional information was needed regarding building height, seating capacity of the bleachers, signage, days and hours of usage and fencing. Staff commented that any sponsor signage must face into the field. Staff asked that the dumpster location and screening be shown on the site plan. Staff stated the Katillus Road right-of-way through the site should be abandoned. Public Works Comments were discussed. In response to a question, Mr. Daters stated there would only be a limited area of grading around the perimeter of the sports field development and the remainder of the 40± acre tract would be undisturbed under this proposal. Landscape and Other Agency Comments were noted. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock School District is requesting approval of a conditional use permit to allow for construction of a sports field adjacent to the new Pinnacle View Middle School. The sports field is proposed to be located east of the school, at October 6, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-9165 4 the northern terminus of N. Katillus Road. The sports field will occupy the southeastern ¼ ± of the 40 acre tract located east of the school. The sports field will be enclosed by a 6 foot tall, black, vinyl coated chain link fence. No new parking is proposed. The existing parking located on the school campus will be utilized. Access to the sports field will be via a gate that leads into a courtyard area with a concession stand and restrooms. Bleachers will be located on either side of the field. Initially, bleacher seating for 100 persons per side will be provided with future expansion to 200 per side. The sports field will not have lights; precluding any after-daylight usage. The applicant submitted responses to issues raised at Subdivision Committee. The concession building will have a maximum height of 16’6” and the press box will have a height up to 20 feet. Signage will be located on a potential future scoreboard, facing the field. Directional signage will be placed to direct visitors. The field will be used 7 days a week during daylight hours as the field will not be lighted. There will be no dumpster on the sports field site. The existing campus trash pick up will be utilized. The District will pursue abandonment of Katillus Road through the site, as recommended by staff. To staff’s knowledge, there are no outstanding issues. The addition of the proposed daytime-use-only sports field to the school campus appears to be an appropriate use. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions as noted in Section 4, 5 and 6 of the agenda staff report. 2. The Katillus Road right-of-way through the site is to be abandoned. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) The applicant was present. There was one registered objector present. A letter from attorney Randal Frazier, representing Ranch Properties, Inc. and The Pfeifer Primary Residence Trust, in which they proposed conditions, had been previously given to the commissioners. Staff noted that the applicant had agreed to four (4) additional conditions; one proposed by adjacent property owners on Paddock Court and the three (3) conditions proposed by Mr. Frazier’s clients. October 6, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-9165 5 Staff presented the item and a recommendation of approval subject to compliance with the following conditions: 1. Compliance with the comments and conditions as noted in Sections 4, 5 and 6 of the agenda staff report. 2. The Katillus Road right-of-way through the site is to be abandoned. 3. A screen consisting of 20, 6 foot tall evergreen trees, 15 feet on center, is to be planted northwest of the sports field to provide screening for the residences located at 14 and 15 Paddock Court (as agreed to by the applicant and the owners of those properties). 4. A 100 foot undisturbed open space buffer is to be maintained around the entirety of the 40 acre tract with the exception that no buffer is needed on the south two thirds of the west property line and the west half of the south property line. There must be no grading or tree removal in the buffer area. 5. The site grading and drainage plans that are to be approved by the City of Little Rock prior to any development of the subject property pursuant to the conditional use permit should provide for proper drainage and clean-up so that surrounding properties and waterways are not polluted with the resulting discharge and sludge. The LRSD must provide specific details regarding its plans to break the existing dam and provide assurance to the City of Little Rock and the surrounding property owners that all water, sludge and trash will be properly routed and cleaned up and that there will be no adverse effect on the future development potential of the surrounding properties. 6. Any loud speakers or public address systems should be directed away from the surrounding properties and shall be operated in a manner to minimize, as much as possible, noise pollution to the adjacent properties. Lighting of the field will not be allowed with this application. Joe White, representing the applicant, presented aerial photographs showing the location of the sports field and the limits of site grading. He described the planting of the screen for the Paddock Court residents. Mr. White stated LRSD had agreed to the conditions proposed by Mr. Frazier’s clients. He stated no lighting of the field was proposed with this application but the District may come back to the commission at a later date with a lighting proposal. The one registered objector, Kelly Binz of 69 Ranch Ridge, declined to speak. There was no further discussion. A motion was made to approve the application, including all comments and conditions as presented by staff. The motion was approved by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. October 6, 2016 ITEM NO.: 5 FILE NO.: A-328 NAME: Pulaski County Special School District (PCSSD) Annexation REQUEST: Accept 77.16 acres plus or minus in two areas to the City LOCATION: Two areas: 1) South of Highway 10, west of Highway 300 and east of Chalamont Drive; 2) northwest of the Kanis Road, Baker Lane intersection SOURCE: J. Scott Schallhorn, for PCSSD GENERAL INFORMATION: • The County Judge signed the annexation orders on August 26, 2016. • Both sites are developed with public school buildings and related activities. • There is one property owner. • The sites are contiguous to the City of Little Rock along two boundaries in each case. • The annexation request is to obtain City services. • The Baker Elementary site is basically rectangular in shape along the west side of Kanis Road, north of Baker Lane, approximately 450 feet by 1590 feet. The Robinson site is rectangular south of Highway 10, approximately 1600 feet on the west, 780 feet on the east, 2100 feet along the south. • Currently Baker Elementary is zoned R-2, Single Family with a Conditional Use Permit for a school. The Robinson schools is zoned POD, Planned Office District for the redevelopment of the existing High School and Middle School with related facilities. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department reports that response times will be longer than the normal 4 minutes (medical) and 8 minutes for full compliment. Also the fire department will not be available for stand-by at sporting events at the school. The Crystal Volunteer Fire Department indicates they have no issues with the annexation (baker Elementary site). The West Pulaski Volunteer Fire October 6, 2016 ITEM NO.: 5 (Cont.) FILE NO. A-328 2 Department has pointed out some issues related to EMS services for the School and events at the school as well as a concern about the remaining few properties east of the School that would still be outside of the Little Rock service area for Fire and EMS services (Robinson Schools site). Police: The Little Rock Police Department has indicated they have no issues or concerns with the proposed annexation. Infrastructure and Community Facilities: Rock Region METRO Transit: No Comment Received. Parks and Recreation: No Comment Received. Public Works: Little Rock Solid Waste has no comments or concerns with the proposed annexation. Pulaski County Planning: Pulaski County Planning and Development has indicated the annexations should include the adjacent right-of-way for Baker Lane and Highway 10. Utilities: Central Arkansas Water: No Comment Received. Entergy: Entergy Arkansas indicates they have no issues or concerns with the proposed annexation. Reliant-Energy: No Comment Received. Wastewater Utility: No Comment Received. AT&T: No Comment Received. Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The Baker Elementary site is adjacent to the City on the east and north. The elementary school services students residing both within and beyond the City October 6, 2016 ITEM NO.: 5 (Cont.) FILE NO. A-328 3 Limits of Little Rock. The school site is surrounded by land zoned for single- family use – either: R-2, Single Family or PRD, Planned District Residential for a single-family subdivision north of the school. The western third of the site is not developed. This part of the site is steep and remains wooded. The site has a Conditional Use Permit for a school. The Robinson Schools (High School and Middle) are adjacent to the City on the west and south. The schools service residents of the City as well as those beyond the corporate limits of Little Rock. To the west, south and southeast are neighborhoods of the Chenal Valley development with R-2 Single Family zoning. To the north and east is also R-2 Single Family land, much of it wooded. To the northwest are an elementary school and a Planned District- Office zoned parcel as well as homes on R-2 Single Family land. The School District could not include the elementary in their annexation request do to Arkansas State Code 14-40-205. This code makes all annexation laws invalid within half a mile of a state park in a county over 350,000 on the same side of a navigable river. Pulaski County Special School District would like annexation so that they might connect the schools to the Little Rock Wastewater system. They also would like to receive police and fire protection for their facilities from the City of Little Rock, rather than the sheriff’s office and volunteer fire departments. The District is using a new part of state law (14-40-609) that allows a property owner to annex just their property to a City. This section of the annexation laws of Arkansas was added in the 2015 legislative session. The County has verified there is only one owner and approved the request as called out in that statute. The areas requesting annexation are adjacent to the City Limits and both are developed as schools meeting the ‘urban use’ requirement of State Law. The Pulaski County Judge in his Annexation Order has included the right-of-way for Baker Lane south of Baker Elementary School and Highway 10 north of Joe T. Robinson Schools. The City’s annexation ordinance will be in conformance with the Pulaski County Judge’s Order and include both street rights-of-way into the City of Little Rock. There are water lines in Highway 10 and Kanis Road in front of each school. A wastewater line exists along the southern line of the Robinson Schools property. The closest wastewater line to Baker Elementary is near Pride Valley Road north of the school. The school district, once annexation is complete, may extend lines to the existing systems with the approval of the appropriate agency. Since all the uses are institutional, solid waste removal is done by private contract and no additional demands would be made on the City solid waste section. The closest fire station (Station 20) to Baker Elementary is October 6, 2016 ITEM NO.: 5 (Cont.) FILE NO. A-328 4 approximately 1.2 miles via street. Trucks from this station must pass the school to service areas currently within the City. The closest fire station (Station 21) to Joe T. Robinson Schools is approximately four and a third miles. Trucks from this station service homes further to the west. The Fire Department has indicated that they will not provide stand-by service for sporting events but will respond when dispatched. MEMS has indicated that they are under contract to provide response to the school site currently. Once annexed the response time they are under contract to respond by, will be reduced by approximately 4 minutes. Staff Recommendation: Approval of the annexation as requested. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against and 1 vacant position the consent agenda was approved. October 6, 2016 ITEM NO.: 6 FILE NO.: LA-0072 NAME: 5808 Baseline Road Land Alteration Variance LOCATION: 5808 Baseline Road APPLICANT: Mary Ann Young AREA: Approximately 3.74 acres CURRENT ZONING: R2 VARIANCES/WAIVERS REQUESTED: An after-the-fact variance from the Land Alteration Regulations to clear trees on about 3 acres of the subject property. A. PROPOSAL/REQUEST: Applicant is requesting an after-the-fact variance from the Land Alteration Regulations to remove the trees from approximately 3 acres of the 3.74 acres property located at 5808 Baseline Road. A notice of violation has been issued by staff to the property owner for the violation. The property owner is requesting an after-the-fact variance to resolve the current enforcement action for clearing more than 7 trees without imminent construction and the issuance of a grading permit. B. EXISTING CONDITIONS: The northern 3 acres of the 3.74 acre property was tree covered. West of the property is Elrod Drive. West of Elrod Drive are 3 single family homes. Also, west of Elrod Drive and north of the subject property is the Geyer Springs Shopping Center property zoned C3. On the southside of the cleared area and adjacent to Baseline Rd is the Liquor Exchange and Baseline Motors Inc. On the south side of Baseline Road is developed properties zoned R2. These properties consist of 2 single family homes and Colonel Park Apartments. East of the subject property zoned R2. This property consists of manufactured homes within the Sunset Mobile Home Park. C. NEIGHBORHOOD COMMENTS: Staff has been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has not received any telephone calls or emails with questions or desiring additional information about the variance. October 6, 2016 ITEM NO.: 6 (Cont.) FILE NO.: LA-0072 2 D. ENGINEERING COMMENTS: 1. All debris generated from the clearing activities must be removed from the site. 2. Vegetation (grass) must be established on the property. 3. A fence permit must be obtained for the fence. 4. Proof of public notice has been provided to staff. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: The applicant was present. Staff presented an overview of the variance application. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant recently cleared trees from approximately 3 acres of the total 3.74 acres. The clearing was performed without a grading permit and imminent construction. Staff issued the applicant a Notice of Violation for failure to comply with the Land Alteration Regulations as found in Chapter 29 of the City of Little Rock municipal code. The applicant was required to replant the site with trees and vegetation as soon as possible. In the application cover letter, the applicant stated that amongst the trees was rubbish, trash, litter, dead trees, furniture, tires, old carpet, etc… The letter stated the area was being occupied by the homeless population for shelter and was being dumped on daily. The applicant purchased the property some time ago with hopes of constructing a home and a new liquor store in the future. Since the clearing activities, the applicant has installed a 6 ft chain link fence around the entire property in hopes of deterring the homeless population from setting up camp. In addition, the applicant is requesting to not be required to replant trees but to establish vegetation in its place to prevent future tree removal at time of construction. The applicant plans to mow and maintain the property until that construction begins. The subject property is zoned R2 and less than 5 acres in size. Sec. 29-187(a) (1) of city code states a residentially zoned property five (5) acres or less fronting on a residential street is exempt from the need to obtain a grading permit. This property is not exempt though because the property fronts Baseline Road, a principal arterial street. No calls or emails have been received from the public since the filing of the variance application. October 6, 2016 ITEM NO.: 6 (Cont.) FILE NO.: LA-0072 3 H. RECOMMENDATION: Since the subject property is zoned R2 and less than 5 acres and would be exempt if it were not located on Baseline Road, staff recommends approval of the after-the-fact land alteration variance request subject to the compliance with staff’s comments found in paragraph D. I. PLANNING COMMISSION ACTION: (October 6, 2016) The applicant was present. Staff recommended the item be placed on consent approval subject to the compliance with staff’s recommendations and all comments and conditions. There was no further discussion. The item was placed on the consent agenda for approval. The item was approved by the Planning Commission subject to the compliance with all comments and conditions by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. oc 0 W w W 0 0 G z z a J a r l {� C 3 �I Es] 0 a y _0 Q) F 0 Q) Q) G w Ln Z) U w m Iii Q N m �al z w V) m Q W z w Q N■�■■ CC w u, U w m z Q Ui m = Q CO z m = H X o U W Q J - 0 Q w z E= oU N z O Q _ Q J w Q , a y _0 Q) F 0 Q) Q) G w Ln Z) U w m Iii Q N m �al z w V) m Q W z w Q CC w u, U w m z Q Ui m = Q CO z m = H X o U W Q J - 0 Q w z E= oU N z O Q _ Q J w Q , a y _0 Q) F 0 Q) Q) G w Ln Z) U w m Iii Q N m �al z w V) m Q W z w Q October 6, 2016 There being no further business before the Commission, the meeting was adjourned at 4:37 p.m. Date 75� 8edretk, Chairma