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HomeMy WebLinkAboutpc_02 14 2019 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD FEBRUARY 14, 2019 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 Tom Brock Buelah Bynum Scott Hamilton Marlon Haynes Paul Latture Bill May Robbin Rahman Robert Stebbins Robby Vogel Members Absent: Diana Thomas City Attorney: Shawn Overton III. Approval of the Minutes of the January 3, 2019 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING FEBRUARY 14, 2019 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-9291-A Word of Outreach Prayer Garden – Revised Conditional Use Permit 2700 Brown Street II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-9386 Rezoning from R-2 and C-3 to R-2 18609 Colonel Glenn Road 2. Z-3987-E Ritter Communications – Conditional Use Permit 9415 Stagecoach Road 3. Z-9385 Phillips Duplexes – Conditional Use Permit East side of Weldon Avenue, south of West 44th Street 4. Z-9387 Brickey Bed and Breakfast/Office – Conditional Use Permit 1402 Commerce Street 5. Z-9388 Egbosimba Retail Liquor Store – Conditional Use Permit 5223 Asher Avenue February 14, 2019 ITEM NO.: A FILE NO.: Z-9291-A NAME: Word of Outreach Prayer Garden – Revised Conditional Use Permit LOCATION: 2700 Brown Street OWNER/APPLICANT: Word of Outreach: Owner Carolyn Smith: Authorized Applicant PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the addition of improvements and activities on the prayer garden site. The property is zoned R-3. 1. SITE LOCATION: The property is located on the southwest corner of West 27th and Brown Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located at the edge of a residential neighborhood. Single family residences are located to the north, west and east. Commercial uses are located along Roosevelt Road to the south. Staff has concerns that allowing the conversion of the individual-oriented nature of the prayer garden to a more corporate meeting and gathering space will have a potentially negative effect on the nearby residents. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Goodwill and Love Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: No parking is provided on site. The original CUP to allow the Prayer Garden did not require any on-site parking. 4. SCREENING AND BUFFERS: Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. Landscape must be in compliance with current landscape code upon completion of the project. Any existing landscape or irrigation disturbed by February 14, 2019 ITEM NO.: A (Cont.) FILE NO.: Z-9291-A 2 construction shall be repaired or replaced before a certificate of occupancy can be obtained. 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.Due to the proposed use of the property, the Master Street Plan specifies that 27th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2.Due to the proposed use of the property, the Master Street Plan specifies that Brown Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3.A 20 feet radial dedication of right-of-way is required at the intersection of 27th Street and Brown Street. 6.UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer service available in 27th Street, northwest of property. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. Contact Energy in advance to discuss electrical service requirements, or adjustments to existing facilities. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No objection. 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. This project will require February 14, 2019 ITEM NO.: A (Cont.) FILE NO.: Z-9291-A 3 fully developed Architectural, Structural, Civil and MEP Plans. Contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: A RRM bus route is located along Roosevelt Road, south of the site. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 12, 2018) The applicant was not present. Staff presented the item and noted additional information was needed. Staff noted the applicant would specifically be asked the following:  Describe the frequency of events and services proposed to be held at the site. What is the anticipated attendance at these events and services?  Where will parking occur for events and services?  Will there be any use of speakers or any manner of amplified sound for music, spokesperson, etc…. in conjunction with any events and services?  Will there be any additional lighting employed on the site for any events and services? Public Works, Landscape and Other Agency Comments were presented. Staff stated they would contact the applicant regarding the comments and needed information. STAFF ANALYSIS: On March 8, 2018, the Planning Commission approved a conditional use permit to allow Word of Outreach Ministry to develop a prayer garden on the vacant, R-3 zoned lot located at 2700 Brown Street. The site contained only a 25 X 11 concrete slab remaining from the removal of a dilapidated residential structure. The ministry had been given permission to place a small (8 X 8) storage building on the slab to store lawn equipment and the like. February 14, 2019 ITEM NO.: A (Cont.) FILE NO.: Z-9291-A 4 The prayer garden was proposed to contain a gazebo structure and several specific areas for reading, praying or meditating. Each of the meditation areas was to have a bench where persons could sit. Ground-level speakers were to be placed at each prayer-mediation area to play quiet music which can be heard only upon entering the garden and sitting at one of the benches. The various prayer stations were to be identified by signs such as “Love”, “Temperance”, “Pathway to Joy”, “Pathway to Faith” and “Pathway to Peace”. The future gazebo structure was to be utilized by students of Word of Outreach Christian Center, their parents and guests for various gatherings, fellowshipping and corporate prayer. During the Planning Commission review process, the applicant submitted the following amendments to address some concerns which had been raised by neighbors and staff: 1. Fencing and an entrance gate with a lock will be placed around the prayer garden. 2. The normal hours of operation for the prayer will be 8:00 a.m. – 8:00 p.m. daily. 3. There will be no additional lighting placed in the prayer garden. There is an existing night light from Entergy which comes on in the night and goes off in the morning. 4. The sound system will only function during the hours the prayer garden is open. 5. No benches, chairs, etc… will be in the garden until a fence (with gate and lock) has been erected around the garden. 6. The prayer garden will not be available for general public use until a fence with a lock has been installed. Until such time, the applicant will keep the grounds of the prayer garden neat and clean and will begin planting trees, shrubs, plants, herbs and flowers. 7. If any Word of Outreach students, parents or staff desire to visit the prayer garden (prior to installation of the fence and other improvements) they will have to bring their own chairs, if they plan to sit. When they leave, they will take their chairs with them. The fence was to be combination of privacy fencing and chainlink. No improvements were to be placed on the property, other than landscaping, prior to the erection of the perimeter fencing with a gate and lock. The prayer garden has for the most part been completed as approved. Fencing has been installed, with gate and lock. The prayer stations are in place as is the landscaping. A dedication event was held in conjunction with commemorative services on September 11. February 14, 2019 ITEM NO.: A (Cont.) FILE NO.: Z-9291-A 5 Word of Outreach is now requesting a revision to the CUP to allow for additions to the prayer garden, creating what is being called “An Open Air Sanctuary Without Walls.” The proposed improvements consist of an 8’ X 16’ building containing an 8’ X 8’ handicap accessible restroom and an 8’ X 8’ storage space for chairs, tables and umbrellas for used during special functions to be held in the prayer garden. Also proposed are two gazebo buildings and a cover over the 25’ X 11’ concrete slab. The new cover will be over the 8’ X 8’ tool storage shed and will provide covering over sitting areas on either side of that structure. In response to questions raised at Subdivision Committee, the applicant submitted the following additional information:  The frequency of events and/or services, as related to the Dedication and Consecration Ceremony on 9/11 will not be the normal activities at the Throne of Grace Prayer Garden. The general public hours will be from 8:00 am – 8:00 pm. With the accompany of a Facilitator, individuals can enter into the Prayer Garden, per request to our 24 hour Prayer Hotline (501.663.0300), specifically for the purpose of meditation, prayer, reading, and/or relaxation, in the presence of The Lord. To keep from having loitering, and/or vagrancy, the gates will remained locked at all times.  Currently there are no future events scheduled. However, if we plan to have an event, the City will be notified to obtain needed Permits and private owned areas will be designated for parking.  The only speakers to be used, on a daily basis are the aforementioned small rock speakers by each bench for the soothing sounds of easy listening Christian instrumental music to create an ambience of restful atmosphere. If there is to be a special gathering that requires speakers or any manner of amplification, due to a Community function, a Special Permit would be requested for such activities.  There will be no additional lighting required at the Throne of Grace Prayer Garden for any activities that will take place. Staff has concerns with the applicant’s current proposal. Support for the initial prayer garden CUP was predicated on the concept of the prayer garden being a quiet, low-impact type of use. The primary use was to be creation of a space where individuals could come for times of reflection, meditation and prayer. As such, the use was viewed as having minimal effect on the surrounding residential neighborhood. As proposed now, the use begins to take the form of a formal meeting and gathering venue. As such, staff believes for potential would be there to affect the adjacent and nearby residences. Issues of concern such as parking and noise February 14, 2019 ITEM NO.: A (Cont.) FILE NO.: Z-9291-A 6 became more evident. Staff does not support any changes to the current approved prayer garden CUP. STAFF RECOMMENDATION: Staff recommends denial of the revised CUP. PLANNING COMMISSION ACTION: (OCTOBER 4, 2018) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had failed to complete the required notification to surrounding property owners and the item needed to be deferred. The item was placed on the consent agenda and deferred to the November 15, 2018 meeting by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (NOVEMBER 15, 2018) Dr. Carolyn Smith was present, representing the application. There was one (1) objector present. Staff presented the revised conditional use permit application with a recommendation of denial. Dr. Carolyn Smith addressed the Commission in support of the application. She noted that the application was to add a public restroom to the prayer garden site and explained the need for the restrooms on the site. She stated that there were no other changes to the original application. Donald Mitchell addressed the Commission in opposition. He expressed concern with noise generated by the prayer garden. He also noted concern with traffic and parking in the neighborhood. Dana Carney, of the Planning Staff, clarified the applicant’s request and read directly from the applicant’s cover letter. Dr. Smith further explained the proposal, noting the proposed restroom as the only change. Jamie Collins, Director of Planning and Development, noted that the applicant was changing what was proposed with the revised conditional use permit and that the application probably needed to be deferred. The issue of deferral was briefly discussed. Dr. Smith requested deferral of the application. There was a motion to defer the application to the January 3, 2019 agenda. The motion passed by a vote of 6 ayes, 0 nays and 5 absent. The application was deferred. February 14, 2019 ITEM NO.: A (Cont.) FILE NO.: Z-9291-A 7 STAFF UPDATE: After the November 15, 2018 Planning Commission meeting, staff met with Dr. Carolyn Smith to clarify issues related to the revised conditional use permit application for the prayer garden. Dr. Smith informed staff that there would be no regular scheduled meetings, events or services held at the prayer garden site. There may be an occasional event at the site similar to the 911 Memorial event held this past September. Otherwise, the only changes to the previously approved conditional use permit will be physical changes to the site. These changes include two (2) gazebo structures located near the center of the site, roof covers (unenclosed) over the existing pathway areas within the west portion of the site, and the 8’ X 16’ restroom/storage building along the north property line. Staff has no concerns with the proposed addition of the two (2) gazebo structures and the roof covers over the existing pathway areas. However, staff does have concerns with the proposed restroom/storage building. Staff feels that adding this building to the site will allow persons to stay on the site for longer periods of time than would typically be envisioned for a prayer garden-type use. The permanent restroom structure could also encourage more frequent formal type events in the future. Staff continues to recommend denial of the revised CUP. PLANNING COMMISSION ACTION: (JANUARY 3, 2019) Staff informed the Commission that on December 26, 2018 the applicant requested this application be deferred to the February 14, 2019 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the February 14, 2019 agenda. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) The applicant was not present. Staff recommended the application be deferred to the March 28, 2019 agenda since the applicant was not present. A motion was made to defer the application to the March 28, 2019 agenda. The motion included instruction to staff to send the applicant a letter informing them that the application would be heard on March 28, 2019 even if the applicant were not present. The vote was 10 ayes, 0 nays and 1 absent. The application was deferred. February 14, 2019 ITEM NO.: 1 FILE NO.: Z-9386 Owner: KMR Properties LLC Applicant: Kenneth D. Roberts Location: 18609 Colonel Glenn Road Area: 0.63 Acre Request: Rezone from R-2 and C-3 to R-2 Purpose: To allow construction of one (1) single family residence. Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences and a church; zoned R-2 South – Undeveloped property; zoned R-2 East – Single family residences and undeveloped property; zoned R-2 and C-3 West – Single family residences and undeveloped property; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Citizens of West Pulaski County Neighborhood Association were notified of the public hearing. February 14, 2019 ITEM NO.: 1 (Cont.) FILE NO.: Z-9386 2 D. LAND USE ELEMENT: Planning Division: This request is located West Fourche Planning District. The Land Use Plan shows Residential Low (RL) for this property. The Residential Low Density is for single-family homes at densities no greater than six units per acre. The applicant has applied for rezoning from C-3 (General Commercial District) and R-2 (Single Family District) to allow a private residence as an allowable use. Master Street Plan: North of the property is Colonel Glenn Road and it is shown as a Principal Arterial on the Master Street Plan. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along Colonel Glenn Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: Kenneth D. Roberts, owner of the 0.63 acre property located at 18609 Colonel Glenn Road, is requesting to rezone the property from “R-2” Single Family District and “C-3“ General Commercial District to “R-2” Single Family District. The property is located on the south side of Colonel Glenn Road, west of Marsh Road. The north two-thirds of the property is zoned C-3, with the south portion being zoned R-2. The applicant is requesting that the entire property be zoned R-2 to allow the construction of one (1) single family residence. The property is currently undeveloped and partially wooded. The property is located in an area which includes primarily larger tracts, some containing single family residences and some being undeveloped. Existing C-3 zoning is located to the east, between the subject property and Marsh Road. The City’s Future Land Use Plan designates this property as Residential Low Density (RL). The requested R-2 zoning does not require an amendment to the plan. Staff is supportive of the requested R-2 rezoning. Staff views the request as reasonable. The property is located in an area where large acreage tracts exist. The proposed R-2 zoning would allow one (1) single family residence on this tract. The applicant’s plan to construct a single-family residence on the site February 14, 2019 ITEM NO.: 1 (Cont.) FILE NO.: Z-9386 3 should prove to be compatible with the surrounding large tract ownerships and residential uses. Staff believes the rezoning of this property to R-2 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-2 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. February 14, 2019 ITEM NO.: 2 FILE NO.: Z-3987-E NAME: Ritter Communications – Conditional Use Permit LOCATION: 9415 Stagecoach Road OWNER/APPLICANT: Otter Creek Assembly of God Church/John Peterson (Ritter Communications) PROPOSAL: A conditional use permit is requested to allow an equipment building for a fiber optic network on a lease area within an existing R-2 zoned church development at 9415 Stagecoach Road. 1. SITE LOCATION: The site is located on the east side of Stagecoach Road, between Westfield Drive and Bentley Blvd. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of office-type zoning and uses along the east side of Stagecoach Road, and backs up to rather large area of floodway. Undeveloped O-1 zoned property is located to the north, with O-3 zoned property to the south. Undeveloped MF-12 zoned property is located directly across Stagecoach Road to the west. The Westfield and Bentley Court single family neighborhoods are also located to the west. The applicant proposes to construct a small equipment building for a fiber optic network. The building will be located on a rather small lease area within a large church development. The proposed use is compatible with uses in the area. The Otter Creek, Bentley Court and SWLR United for Progress Neighborhood Associations were notified of the public hearing. 3. ON SITE DRIVES AND PARKING: Two (2) driveways (approximately 24 feet in width) from Stagecoach Road serve the existing church development. Paved parking is located on the east, west and south sides of the existing church building. A small gravel overflow parking area is located at the northwest corner of the property. A gravel driveway will extend from the gravel parking area to the lease area for the fiber optic equipment building. Parking for technicians will exist at the lease area. February 14, 2019 ITEM NO.: 2 (Cont.) FILE NO.: Z-3987-E 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS: 1. Stagecoach Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. There is an existing single-phase power line feeding the facility immediately to the south of this project. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Entergy may also need to be consulted regarding any proposed tie into the “grid” with the proposed generator. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. Fire Department: Full plan review. Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. February 14, 2019 ITEM NO.: 2 (Cont.) FILE NO.: Z-3987-E 3 Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. February 14, 2019 ITEM NO.: 2 (Cont.) FILE NO.: Z-3987-E 4 D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. February 14, 2019 ITEM NO.: 2 (Cont.) FILE NO.: Z-3987-E 5 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. 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.gov or Steve Crain at 501-371-4875; scrain@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: We are happy to see the inclusion of sidewalks along the road. We also highly recommend the implementation of a sidewalk connecting the road to the building on the site. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019) John Peterson was present, representing the application. Staff presented the application, noting that some additional information was needed. In response to questions from staff, the applicant noted that the lease area would be fenced with a six (6) foot high chain-link fence with barbed wire and access gates. Mr. Peterson also noted that the generator would be tested once per week on Tuesdays. He stated that a small sign with Ritter Communication’s name would be placed on the fence. He also noted that persons coming to the equipment building site would utilize existing parking within the church site and walk to the lease area. The Public Works right-of-way requirement was also briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for resolution. February 14, 2019 ITEM NO.: 2 (Cont.) FILE NO.: Z-3987-E 6 STAFF ANALYSIS: The applicant is requesting a conditional use permit to allow construction of an equipment building to serve a fiber optic network at 9415 Stagecoach Road. The proposed equipment building will be located on a 2,273 square foot lease area within the Otter Creek Assembly of God Church development. The property is zoned R-2 and contains a large church building with paved parking on its east, west and south sides. Two (2) driveways from Stagecoach Road serve the church development. A small gravel overflow parking area is located at the northwest corner of the church site. The proposed lease area is located near the northeast corner of the church property. The lease area will contain on 11.5 foot by 20 foot equipment building and a six (6) foot by 12 foot generator pad. This site will have a gravel driveway from the existing gravel parking area in front of the church, and will have a 6’ barbed wire fence with a 12’ gate. A second “walk-thru” gate may be necessary, dependent on final gas meter placement. A 24” X 36” sign will be affixed to the gate. The sign will contain the Ritter Communications name and contact information. The applicant notes that the generator will be tested one (1) time per week, typically on Tuesdays. The applicant responded to issues raised at Subdivision Committee. The applicant provided additional information and a revised site plan to staff. The applicant provided additional information on fencing and access to the lease area. The applicant also provided information on the small sign to be placed on the fence of the lease area. To staff’s knowledge, there are no outstanding issues associated with this application. Staff believes the proposed lease area with equipment building and generator to serve a fiber optic network in this area is an appropriate use for the property. The proposed lease area is adjacent to a rather large floodway area to the east and undeveloped property to the north. The proposed use should have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” February 14, 2019 ITEM NO.: 2 (Cont.) FILE NO.: Z-3987-E 7 above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. February 14, 2019 ITEM NO.: 3 FILE NO.: Z-9385 NAME: Phillips Duplexes – Conditional Use Permit LOCATION: East side of Weldon Avenue, south of West 44th Street OWNER/APPLICANT: Savage Properties LLC/Stanley Phillips PROPOSAL: A conditional use permit is requested to allow for the construction of two (2) duplex structures on three (3) R-3 zoned platted lots located on the east side of Weldon Avenue, approximately 150 feet south of West 44th Street. 1. SITE LOCATION: The site is located on the east side of Weldon Avenue, approximately 150 feet south of West 44th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area predominantly zoned R-3 and R-2. A number of single family residences and vacant lots are located in the area. A few duplex structures are also located in the general area. A neighborhood park is located to the northeast. The applicant proposes to construct two (2) duplex structures on three (3) platted lots. The proposed use is compatible with uses in the area. Notice of public hearing was sent to the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The applicant proposes to construct two (2) 20 foot wide paved driveways from Weldon Avenue, one (1) to serve each duplex structure. Each duplex structure will have six (6) paved parking spaces within the front yard areas. Section 36-502 (b) (1) (c) of the City’s Zoning Ordinance requires a minimum of three (3) parking spaces for each duplex structure (1.5 spaces per unit). The applicant is providing six (6) paved parking spaces for each duplex structure. 4. SCREENING AND BUFFERS: No Comments. February 14, 2019 ITEM NO.: 3 (Cont.) FILE NO.: Z-9385 2 5. PUBLIC WORKS: 1. Weldon St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. One service tap required per building (2 units per building) Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. There is an existing overhead power line which runs along the north side of Weldon St north of this location. Contact Entergy in advance to discuss electrical service requirements, line extensions and facilities locations, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT&T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be February 14, 2019 ITEM NO.: 3 (Cont.) FILE NO.: Z-9385 3 accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: No comments. 7.TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: No comments. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019) Stanley Phillips and Kwendeche were present, representing the application. Staff presented the application. Staff noted that the site plan needed to be revised to show the proposed lot line to replat the three (3) lots into two (2) lots. Staff also noted that a variance needed to be requested for reduced side setback. The Public Works right-of- way requirement for Weldon Avenue was briefly discussed. It was determined that five (5)additional feet of dedication would be required. After the discussion, the Committee forwarded the application to the full Commission for resolution. February 14, 2019 ITEM NO.: 3 (Cont.) FILE NO.: Z-9385 4 STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for the construction of two (2) duplex structures on three (3) platted lots located on the east side of Weldon Avenue, approximately 150 feet south of West 44th Street. The lots are 50 feet wide and approximately 148 feet deep. The lots are currently undeveloped. The applicant proposes to replat the three (3) lots into two (2) lots, and construct a 2,300 square foot duplex structure on each of the two (2) replatted lots. The duplex structures will be one (1) story in height with hip roofs and asphalt shingles. The duplex structures will be constructed on concrete slabs, and be wood frame construction with vinyl siding and vinyl clad windows. Each duplex structure will be located over 55 feet back from the front (west) property lines and five (5) feet back from the north side property line and south side property line of the overall property. Each duplex structure will be located four (4) feet back from the center, dividing side property line. The structures will be located 47 feet back from the rear property lines. Six (6) paved parking spaces (three (3) per unit) will be provided for each duplex structure. New paved driveways from Weldon Avenue will serve the duplex structures. Section 36-255 (d) (2) of the City’s Zoning Ordinance requires minimum side setbacks of five (5) feet for structures constructed in R-3 zoning. As noted above, the applicant is proposing four (4) foot interior side setbacks for each duplex structure. Therefore, the applicant is requesting a variance to allow the reduced side setbacks. The applicant responded to issues raised at Subdivision Committee by providing a revised site plan to staff. The revised plan shows the proposed replatted center lot line and the required right-of-way dedication for Weldon Avenue. The applicant also requested a side setback variance for each duplex structure. To staff’s knowledge, there are no outstanding issues associated with this application. Staff believes the proposed two (2) duplex structures located on three (3) platted lots located on the east side of Weldon Avenue, south of West 44th Street is an appropriate use for this property. The two (2) duplex structures will only be a minor increase in the original platted density for this property. The proposed duplex structures will not be out of character with the general area. Other duplex structures are located one (1) block to the east along Bowers Street. Staff believes the proposed duplexes will have no adverse impact on the subdivision or surrounding uses. February 14, 2019 ITEM NO.: 3 (Cont.) FILE NO.: Z-9385 5 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP and side building setback variance, subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) Staff informed the Commission that on February 8, 2019 the applicant requested this application be deferred to the March 28, 2019 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 28, 2019 agenda. The vote was 10 ayes, 0 noes and 1 absent. February 14, 2019 ITEM NO.: 4 FILE NO.: Z-9387 NAME: Brickey Bed and Breakfast/Office – Conditional Use Permit LOCATION: 1402 Commerce Street OWNER/APPLICANT: Danny and Jannette Brickey PROPOSAL: A conditional use permit is requested to allow a bed and breakfast and home office use within the existing residential structure on the R-4A zoned property located at 1402 Commerce Street. 1. SITE LOCATION: The site is located at the southwest corner of Commerce Street and E. Daisy Bates Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning. The immediate surrounding properties are zoned R-4A and contain single family residences and vacant lots. R-4, PD-R, R-5 and C-3 zoned properties are located to the south along East 15th Street. Several multi-unit residential structures are located in this general area. The applicant proposes to utilize an existing residential structure as a bed and breakfast and a small home office. The proposed use is compatible with uses in the area. Notice of public hearing was sent to the MacArthur and Pettaway Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: A 20 foot wide platted alley right-of-way is located along the rear (west) property line. The alley contains old deteriorating asphalt paving. As part of this project, the applicant will re-pave the alley along the rear property line of the subject property. The alley will serve as access to a new five (5) space paved parking area at the southwest corner of the property. One of the parking spaces will serve the residence and the other four (4) spaces will serve the bed and breakfast use. The number of parking spaces complies with ordinance standards. There is also on-street parking allowed along Commerce Street and E. Daisy Bates Drive. February 14, 2019 ITEM NO.: 4 (Cont.) FILE NO.: Z-9387 2 4. SCREENING AND BUFFERS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the requirements of the MacArthur Park Overlay District. 2. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. In areas designated as “mature” this strip shall be a minimum of six (6) feet nine (9) inches wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. A minimum six (6) foot nine (9) inch perimeter landscape strip is required between the proposed parking and the adjacent south property line. 3. 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 20 feet radial dedication of right-of-way is required at the intersection of Commerce Street and Daisy L. Gaston Bates Drive. 2. Due to the existing condition of the alley and the desire to take access to a nonresidential parking lot from the alley, the alley should be repaved from Daisy L. Gatson Bates Drive to the south property line of the subject property. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. FOG analysis required if food prep on site. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. However, there is an existing overhead service line feeding this structure from the alley on the northwest side of the property near the proposed parking. Please use caution when working around overhead powerlines and poles. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. February 14, 2019 ITEM NO.: 4 (Cont.) FILE NO.: Z-9387 3 Central Arkansas Water: No comments received. AT&T: No comments received. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Steve Crain at 501-371-4875; scrain@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: These sidewalks are too narrow (4 ft.), and are crumbling. There is also no ADA curb ramp. The sidewalk also does not extend all the way to the edge of the property on the north side. We recommend fixing these issues. Planning Division: No comments. February 14, 2019 ITEM NO.: 4 (Cont.) FILE NO.: Z-9387 4 SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019) The applicant was not present. Staff presented the application, noting that a small amount of additional information was needed from the applicant. Staff noted that some additional information was needed on the home office use. The Public Works and Landscape/ Buffer requirements were briefly discussed. It was noted that staff would meet with the applicant regarding any outstanding issues. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow a bed and breakfast and home office use within the existing residential structure on the R-4A zoned property at 1402 Commerce Street. The property is located at the southwest corner of Commerce Street and E. Daisy Bates Drive, and contains a two (2) story 4,700 square foot residential structure. The applicant recently completed remodeling the entire residential structure. The applicant proposes to utilize the first floor (approximately 2,350 square feet) as a private residence and home office. The home office will occupy 255 square feet of the first floor. There will be no employees or customers reporting to the site, and there will be no signage on the site. The home office will operate from 9:00 a.m. to 5:00 p.m., Monday through Friday. The applicant proposes to utilize the second floor of the structure (approximately 2,350 square feet) as a bed and breakfast use. The bed and breakfast use will contain four (4) guest rooms. As part of the project, the applicant will construct a small five (5) space parking area at the southwest corner of the property. The paved parking will be accessed by the existing alley right-of-way along the rear (west) property line which the applicant will re-pave. The applicant responded to issues raised at Subdivision Committee by providing additional information on the project and a revised site plan to staff. The applicant provided the area proposed to be used for the home office and noted that there would be no employees. The applicant also noted that the alley right-of-way would be upgraded with new paving. The revised site plan provides the required landscape strip along the south side property line adjacent to the new paved parking area. To staff’s knowledge, there are no outstanding issues associated with this application. Staff believes the proposed bed and breakfast and home office uses are appropriate uses for this property. The property is located along Interstate 630, with interstate right- of-way immediately to the north and northeast. A two-way interstate overpass exists along Commerce Street. Therefore, the site will have easy access from the north and west. Staff believes the proposed bed and breakfast and home office uses will have no adverse impact on the neighborhood or surrounding uses. February 14, 2019 ITEM NO.: 4 (Cont.) FILE NO.: Z-9387 5 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. February 14, 2019 ITEM NO.: 5 FILE NO.: Z-9388 NAME: Egbosimba Retail Liquor Store – Conditional Use Permit LOCATION: 5223 Asher Avenue OWNER/APPLICANT: Lynton Egbosimba PROPOSAL: A conditional use permit is requested to allow a retail use (liquor store) on the I-2 zoned property located at 5223 Asher Avenue. 1. SITE LOCATION: The site is located at the south side of Asher Avenue, between Anna Street and Mabelvale Pike. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning. C-3 and C-4 zoned properties are located to the north, east and west along Asher Avenue. I-2 zoned properties are located immediately to the east and southeast. R-3 and POD zoned properties are located to the south. Mixed commercial, light industrial and residential uses are located in this general area. The applicant proposes to re-locate an existing liquor store from 5323 Asher Avenue to the subject property at 5223 Asher Avenue, one (1) block to the east. The proposed relocation of the liquor store will be compatible with uses and zoning in the general area. Notice of public hearing was sent to the South of Asher, Curran-Conway and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: Two (2) paved driveways from Asher Avenue serve as access to the property. Paved parking is located on the east, west and south sides of the existing building. Some covered parking exists, as the property previously contained a Sonic drive-in restaurant use. Ample parking exists on the site to serve the proposed retail use. 4. SCREENING AND BUFFERS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. February 14, 2019 ITEM NO.: 5 (Cont.) FILE NO.: Z-9388 2 2. Any new building rehabilitation or expansion may require the existing landscaping, buffer, or vehicular use areas not meeting the current code requirements to be brought into compliance. Existing vehicular use areas may continue as nonconforming until such time as a building permit is granted to enlarge or reconstruct a structure on the property exceeding ten (10) percent of the existing gross floor area. At such time ten (10) percent of the existing vehicular use area shall be brought into compliance on a graduated scale. The existing building contains approximately 1160 sq. ft. The proposed building addition is approximately 730 sq. ft. A minimum of sixty (63%) percent of the vehicular use area is required to be brought into compliance with the current landscape code. 3. 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. Asher Ave is classified on the Master Street Plan as a principal arterial special design standards. Dedication of right-of-way to 45 feet from centerline will be required. 6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer Available to this site. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at this location. Electrical service is already being provided to the existing structure on this property. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. February 14, 2019 ITEM NO.: 5 (Cont.) FILE NO.: Z-9388 3 Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. February 14, 2019 ITEM NO.: 5 (Cont.) FILE NO.: Z-9388 4 D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. February 14, 2019 ITEM NO.: 5 (Cont.) FILE NO.: Z-9388 5 Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. 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.gov or Steve Crain at 501-371-4875; scrain@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: No comments. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019) Lynton Egbosimba was present, representing the application. Staff presented the application, noting that additional information was needed. It was noted that signage would be allowed as per the industrial zoning standards. Mr. Egbosimba noted that he would re-use the existing, sign pole on the property. In response to a question from staff, Mr. Egbosimba noted that he would have one (1) or two (2) employees. The Public Works right-of-way requirement was briefly discussed. The landscape/buffer requirements were also discussed. It was noted that a landscaping upgrade would be required based on the proposed building addition. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF UPDATE: On January 30, 2019 Bryan S. Mason, attorney for the State of Arkansas Alcoholic Beverage Control (ABC), issued a letter to Lynton and Phoebe Egbosimba stating that the State ABC would not issue a retail liquor store license for 5223 Asher Avenue, since the property is within 1,000 feet of two (2) church uses and a school, which prohibits a license from being issued. The letter states that there is no “exception or waiver to this prohibition”. The letter is attached for Planning Commission review. February 14, 2019 ITEM NO.: 5 (Cont.) FILE NO.: Z-9388 6 Therefore, Staff sees no need or benefit in proceeding with the conditional use permit application, and recommends the application be withdrawn. PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019) Staff informed the Commission that the application needed to be withdrawn, based on the fact that the State ABC would not issue a liquor license for this location. The item was placed on the Consent Agenda and withdrawn by a vote of 10 ayes, 0 noes and 1 absent. STATE OF ARKANSAS Department of Finance and Administration Phoebe Egbosimba Lynton Egbosimba 5323 Asher Ave. Little Rock, AR 72204 January 30, 2019 ALCOHOLIC BEVERAGE CONTROL 1515 West 71h Street, Suite 503 Little Rock. Arkansas 72201 Phone: (501) 682-1105 Fax: (501) 682-2221 http://www.arkansas.gov/dfa RE: Conditional Use Permit to construct a Liquor Store at 5223 Asher Avenue (Phoebe Egbosimba, ABC Permittee, permit# 00712, College Station Liquor Store) Dear Phoebe and Lynton Egbosimba: It has come to our attention at the Arkansas Alcoholic Beverage Control Division that Mr. Lynton Egbosimba submitted a public filing for a conditional use permit to construct a liquor store in the old Sonic building on 5223 Asher Avenue and that you plan to move your existing liquor store to this location. This location appears to be well within 1,000' of God's Tabernacle International Ministries, which is an active church, and the Islamic Center Mosque and Huda Academy which is a K-8 school. Please be aware that ABC Regulation 1.33(6) and ACA 3-4-206 does not allow permits to be issued or a transfer of location to be issued to retail liquor stores within 1,000 feet from a church or school (measured from the nearest property line to the nearest property line). I understand that you have not yet applied to the Arkansas ABC to transfer your liquor store, but you have obviously started the process with the application to the City of Little Rock. However, since state law prohibits the operation of a liquor store at this location, and there is no exception or waiver to this prohibition on locating liquor stores within 1,000' of schools or churches, I wanted to reach out to you about this issue before you spent more time and resources. Please contact our office at 501-682-1105 if you have questions or if we may be of assistance. Sincerely, Staff Attorney Alcoholic Beverage Control Division DATE °Flfs \�. 1.0 \ q PLANNING COMMISSION VOTE RECORD MEMBER ..• ,, BERRY, CRAIG BROCK, THOMAS L. BYNUM, BUELAH HAMILTON, SCOTT ' . HAYNES, MARLON D. LATTURE, PAUL MAY, BILL B. RAHMAN, ROBBIN S. STEBBINS, ROBERT THOMAS, DIANA M. VOGEL, ROBBY MEMBER BERRY, CRAIG BROCK, THOMAS L. BYNUM, BUELAH HAMILTON, SCOTT HAYNES, MARLON D. LATTURE, PAUL MAY, BILL 8. RAHMAN, ROBBIN S. STEBBINS, ROBERT THOMAS, DIANA M. VOGEL, ROBBY ,. ', A -...� AYE �NAVE A_ABSENT l ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ k ✓ e,_:...v i"..J ;> C... /'\ T 1-3 4 ✓✓ ✓ ✓ ./✓ ✓ ✓ ✓ ✓✓ ✓ V ./✓ ✓ ✓ ✓ ✓./ ✓ ✓ ✓✓ ✓✓ ✓A .A.. A ✓✓ ✓ BSTAIN � ✓ ✓ / ✓ ✓ ✓ ✓ ✓ ✓ � ✓ JJ..S Cv fMt--A ✓ ✓ / ✓ ✓ v / -,/ A v 1, 1<.roc Meeting Adjourned 4 � 0 B RECUSE '. P.M. February 14, 2019 There being no further business before the Commission, the meeting was adjourned at 4:08 p.m. Date --------- Secretary Chairman