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HomeMy WebLinkAboutpc_03 11 2021 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD MARCH 11, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Craig Berry Harold Betton Thomas L. Brock Derick Brooks Scott D. Hamilton Todd Hart Marlon D. Haynes Robbin Rahman Diana M. Thomas Michael Vickers Robby Vogel Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the January 14, 2021 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA MARCH 11, 2021 OLD BUSINESS: Item Number: File Number: Title: A. Z-9552 Rezoning from R-3 to I-2 5424 West 33rd Street B. Z-5352-A Rezoning from C-3 to C-4 6504 Mabelvale Cutoff C. Z-9551 Arium Development, LLC – PRD 2204 West 10th Street Item Number: File Number: Title: 1. S-1884 Watershed Pointe – Preliminary Plat Northeast of Divide Parkway and Chenal Parkway 2. Z-9554 Immerse Arkansas – Special Use Permit 3201 Mary Street 3. Z-1528-A Bark Avenue, LLC – PCD 7820 Cantrell Road 4. Z-9103-B 10,115 Rodney Parham Road – Conceptual PCD 10,115 Rodney Parham Road 5. S-1885 Chenal Valley, Tract 9 – Preliminary Plat West of Chenal Parkway & Rahling Road Intersection (West end of St. Vincent’s Way) 6. Z-9561 Rezoning from R-2 to AF 18601 Cooper Orbit Road Agenda Page, Two NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 7. Z-9562 Rezoning from R-2 to C-3 5804/5808 Baseline Road 8. LU2021-13-01 Land Use Plan Amendment from Industrial (I) to Commercial (C) in the 65th Street East Planning District, at the Northwest Corner of Interstate 30 and Scott Hamilton Drive. 8.1 Z-9563 Rezoning from PID to C-4 Northwest Corner of Interstate 30 and Scott Hamilton Drive 9. LU2021-11-01 Land Use Plan Amendment from Mixed Office Commercial (MOC) to Commercial (C) in the I-430 Planning District, at the north terminus of Colonel Glenn Plaza between Bowman Road and Interstate 430. 9.1 Z-3371-FFF Rezoning from C-2/PCD to C-4 East of Bowman Road and West of Interstate 430, South of Brodie Creek 10. Z-3286-B Hines Homes, LLC – Conditional Use Permit 13525 West Markham Street 11. Z-9564 House of Three Family Care Facility – Special Use Permit 8900 Shiloh Drive 12. Z-2333-C Ellis Duplex and Accessory Dwelling – PRD 900 West 15th Street 13. Z-9565 Woodall Short-Term Rental – PCD 1805 East 3rd Street 14. Z-9566 Hat Properties, LLC – PRD 300 South Valentine Street 15. Z-9567 CALS & LRWRA Solar Development – PID 6700 Fourche Dam Pike 16. LA-0091-A Advanced Grading Variance 14524 Cantrell Road 103 March 11, 2021 ITEM NO.: A FILE NO.: Z-9552 NAME: Rezoning from R-3 to I-2 LOCATION: 5424 West 33rd Street DEVELOPER: Larry West 5500 West 33rd Street Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Peter Rosenow – Owner 2616 Birch Street Benton, AR 72015 SURVEYOR/ENGINEER: Harbor Surveying 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 9 CENSUS TRACT: 19 CURRENT ZONING: R-3 VARIANCE/WAIVERS: 1. None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.16 acre lot from "R-3" Single Family District to "I-2" Light Industrial District. The rezoning is proposed to allow a parking lot to serve the existing auto repair business across S. Polk Street to the west. B. EXISTING CONDITIONS: The property is currently undeveloped and mostly grass covered. March 11, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9552 2 C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Oak Forest, South of Asher and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Polk Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Polk Street and 33rd Street. 3. Due to the proposed use of the property, the Master Street Plan specifies that 33rd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. March 11, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9552 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. 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. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. March 11, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9552 4 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. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the I-630 Planning District. The Land Use Plan shows Light Industrial (LI) for the requested area. This category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. The application is to change the property from R-3 (Single Family District) to I-2 (Light Industrial District) to allow for future development of the site. Surrounding the application area, the Land Use Plan shows Light Industrial (LI) to the east, south and west. To the north along Asher Avenue is shown as Commercial (C). The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. There are auto related heavy commercial uses to the east and south east. To the south and west within this ‘Industrial area’ are single-family homes. These homes are on R-3 Single Family, R-4 Two Family and I-2 Light Industrial zoned land. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This area is occupied with auto related heavy commercial uses and a restaurant. Master Street Plan: To the south is 33rd Street and to the west is Polk Street, both are a Local Street on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by March 11, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9552 5 non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: Peter Rosenow, owner of the 0.16 acre property located at 5424 West 33rd Street, is requesting that the property be rezoned from "R-3" Single Family District to "I-2" Light Industrial District. The property is located at the northeast corner of West 33rd Street and S. Polk Street, and is comprised of one (1) platted lot (Lot 7, Block 1, Ruebel and Leymer Addition). The rezoning is proposed in order to develop the property into a parking lot to serve the existing auto repair use located across S. Polk Street to the west. The property is located in an area which contains mixed zoning and uses, near the intersection of Asher Avenue and Mabelvale Pike/Fair Park Blvd. Mixed commercial uses (zoned C-3) are located to the north along Asher Avenue. I-2 zoned property and uses are located to the west, across S. Polk Street. Single family residences (zoned I-2 and R-3) are located to the south across West 33rd Street. Mixed commercial uses are located to the southeast along Mabelvale Pike. Two (2) single family residences and mixed commercial uses are located to the east. The City’s Future Land Use Plan designates this property as "LI" Light Industrial. The requested I-2 zoning will not require a plan amendment. Staff is supportive of the requested I-2 zoning. Staff views the request as reasonable. The applicant is requesting to rezone this lot to I-2 in order to develop parking for the auto repair use on the existing I-2 zoned property immediately to the west across S. Polk Street. There is additional I-2 zoned property to the south, southwest, east and southeast, with commercial zoned property to the north. The zoning of the subject property to I-2 will represent a continuation of the zoning pattern in this general area and will be consistent with the City’s Future Land Use Plan. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning. March 11, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9552 6 PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: B FILE NO.: Z-5352-A NAME: Rezoning from C-3 to C-4 LOCATION: 6504 Mabelvale Cut-off DEVELOPER: Luke Butt 4115 Commonwealth Drive Bryant, AR 72022 OWNER/AUTHORIZED AGENT: Luke Butt – Owner SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.568 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 15 CENSUS TRACT: 41.06 CURRENT ZONING: C-3 VARIANCE/WAIVERS: 1. None requested. BACKGROUND: A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.568 acre property located at 6504 Mabelvale Cut-off from "C-3" General Commercial District to "C-4" Open Display District. The rezoning is proposed to allow the site to be developed for a used car sales business. March 11, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-5352-A 2 B. EXISTING CONDITIONS: The property is currently undeveloped. The majority of the property is covered in concrete parking and driveway from Mabelvale Cut-off. The property previously contained a self-service carwash building with vacuum islands. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Allendale, Chicot, Yorkwood, OUR and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments, unless buildings are involved. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Geyer Springs West Planning District. The Land Use Plan shows Commercial (C) for the requested area. The Commercial category includes a broad range of retail and wholesale sales of March 11, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-5352-A 3 products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is to change the property from C-3 (General Commercial District) to C-4 (Open Display Commercial District) to allow for the future development of commercial uses. Surrounding the application area, the Land Use Plan shows Commercial (C) to the west and east. Residential High Density (RH) use is shown to the north and across Mabelvale Cutoff Road to the south. Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The Commercial area to the east is a convenience store while the land is vacant undeveloped to the west. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The area to the north is an apartment complex. South of Mabelvale Cutoff Road the Residential High Density land is wooded and vacant. Master Street Plan: To the south is Mabelvale Cutoff Road and it is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: Luke Butt, owner of the 0.568 acre property located at 6504 Mabelvale Cut-off, is requesting that the property be rezoned from "C-3" General Commercial District to "C-4" Open Display District. The property is located on the north side of Mabelvale Cut-off, between Stillman Drive and Warren Drive. The rezoning is proposed to allow an auto sales business. The property is currently undeveloped, with the majority of the property being covered with a concrete slab left over from the previous use of the property. The property previously contained a self-serve carwash facility with self-serve vacuum islands. A convenience store with gas pumps is located immediately east of the site, at the northwest corner of Mabelvale Cut-off and Stillman Drive. A salon type use is located at the northeast corner of Mabelvale Cut-off and Stillman Drive. Undeveloped C-3 zoned property is located immediately to the west. Multifamily developments and undeveloped multifamily zoned property (zoned MF-24 and MF-18) are located immediately to the north and south across Mabelvale Cut-off. March 11, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-5352-A 4 The City’s Future Land Use Plan designates this property as "C" Commercial. The requested C-4 zoning will not require a plan amendment. Staff is supportive of the requested C-4 zoning. Staff views the request as reasonable. The property is currently zoned C-3 and has a history of having a C-4 use (car wash) located on it. The proposed C-4 zoning is also consistent with the City’s Future Land Use Plan designation of "C" Commercial. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: C FILE NO.: Z-9551 NAME: Arium Development, LLC – PRD LOCATION: 2204 West 10th Street DEVELOPER: Arium Development, LLC Tanner Worley 1300 West 3rd Street Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: Arium Development, LLC 1300 West 3rd Street Little Rock, AR 72201 SURVEYOR/ENGINEER: Holland Surveying, LLC AREA: 0.34 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 45 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.34 acre property located at 2204 West 10th Street from R-3 to PRD to allow for the construction of five (5) two-story residential homes, with lot sizes ranging from 0.06 to 0.10 acres. March 11, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9551 2 A. EXISTING CONDITIONS: The property is located on the north side of West 10th Street, just west of South Park Street. The subject lot currently has an unoccupied building which will be demolished by the applicant. There are several trees covering the property. B. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Capitol Hill and Central High Neighborhood Associations were notified of the public hearing. C. ENGINEERING COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of West 10th Street and Park Street. 2. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. 3. Sidewalks with appropriate handicap ramps are required to be installed along Park St. in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk exists to the north and south. 4. An access ramp conforming with CLR Standard Detail PW-52 should be installed at the intersection of 10th St and Park St that aligns with the existing sidewalk along 10th Street 5. If the lots have driveways, building setbacks of at least 20 ft. should be provided to prevent vehicles blocking the public right-of-way. 6. 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 if more than 7 trees will be removed from the subdivision. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 9. Contact the local USPS postmaster to determine if a mail kiosk will be required to be installed. If so, show the proposed location(s) of USPS cluster box units in conformance with USPS and City of Little Rock policy design standards. March 11, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9551 3 D. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Separate Sewer Service required for each lot. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Parks and Recreation: No comments received. County Planning: No comments received. E. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No Comments. F. TRANSPORTATION/PLANNING: Rock Region Metro: No Comments. Planning Division: The request is in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) 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 application is to change R-3 (Residential Single-Family District) to PRD (Planned Residential Development) District to allow the creation of five lots (each less than a tenth of an acre) on site. The resulting density if each parcel has one house would be over 10 units per acre. The Land Use Plan shows Residential Low Density (RL) in all directions from the site. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is March 11, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9551 4 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. An existing single-family subdivision is in this area with homes and vacant lots. Master Street Plan: To the south is 10th Street and to the east is Park Street, both are Local Streets on the Master Street Plan. The primary function of Local Streets 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”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. G. ANALYSIS The applicant proposes to rezone the 0.34 acre property located at the northwest corner of West 10th Street and Park Street from “R-3” Single Family District to “PRD” Planned Residential District. The rezoning is proposed to allow for the construction of five (5) single family residences. The property currently contains one (1) unoccupied structure which will be removed from the site. The property is comprised of the east 100 feet of Lots 7, 8 and 9, Block 10, Capitol Hill Extension Addition. The applicant proposes to replat the property into the five (5) lots. Lots 9A through 9D will be between 26.71 and 26.98 feet wide and 100 feet deep. Lot 9E be 43.30 feet wide by 100 feet deep. A 1,300 square foot building area is shown for Lots 9A through 9D, with a 1,900 square foot building area proposed for Lot 9E. The proposed building setbacks are as follows: Front – 15 feet Rear – 20 feet Sides – 3 feet (Lots 9A – 9D) 3.5 feet/10 feet (Lot 9E) The applicant notes that the heights of the proposed residences will not exceed 30 feet. Section 36-255 (c) of the City’s Zoning Ordinance allows a typical maximum building height of 35 feet. The applicant also notes that the exteriors of the residences will be metal, vinyl board and batten, brick and/or Hardie board, with asphalt shingles. The pitch of the roofs will be no less than a 10/12 pitch. March 11, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9551 5 The lots will have rear access by way of a driveway from West 10th Street. The driveway will be located within a 20 foot wide shared access easement. Each residence will have either a carport or garage at the rear of each structure. The applicant notes that there will be no accessory structures on any of the lots. The applicant provided responses and additional information to issues raised during staff’s review of the application. To staff’s knowledge, there are two (2) outstanding issues associated with this application as follows: 1. Staff believes that Lots 9A – 9D are too narrow and that the total number of lots should be reduced to four (4), with lot widths being increased to 37 to 38 feet. 2. Staff believes that a "no access" easement along the front (east) property line of all lots should be part of the replat to prohibit multiple driveways from Park Street. Staff is not supportive of the requested PRD rezoning to allow for the construction of five (5) single family residences, based on the issues noted above. Staff believes that the project is too dense, with lot widths of less than 30 feet. Staff could support a four (4) lot development with increased lot widths, and a commitment to having no driveways from Park Street. Staff will continue to work with the applicant in an effort to resolve these issues. H. STAFF RECOMMENDATION: Staff recommends denial of the requested PRD rezoning, as filed. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. STAFF UPDATE: The applicant has revised the application to provide a minimum lot width of 30 feet for all of the proposed lots. The applicant has also provided a "no access" easement along the Park Street frontage. These revisions satisfy staff’s concerns, and staff will now recommend approval. Staff believes the proposed PRD zoning to allow five (5) single family residences on smaller lots will have no adverse impact on the surrounding properties or the general area. March 11, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9551 6 REVISED STAFF RECOMMENDATION: Staff recommends approval of the PRD application as revised by the applicant, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs C and D, and the staff analysis, in the agenda staff report. 2. The minimum lot widths for the development will be 30 feet. 3. No driveways will be allowed along the Park Street (east) frontage. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 1 FILE NO.: S-1884 NAME: Watershed Pointe – Preliminary Plat LOCATION: North of The Divide Parkway/West Divide Parkway Intersection DEVELOPER: PDC, LLC 16623 Cantrell Road, Suite A2 Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: White-Daters and Associates Tim Daters 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters and Associates AREA: 23.2 acres NUMBER OF LOTS: 30 FT. NEW STREET: 2,060 LF WARD: 5 PLANNING DISTRICT: 20 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. Reduced front building setbacks 2. Advance grading variance A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 23.2 acres into 30 lots for single family residential development, with 2,060 linear feet of new street. The proposed subdivision will take access from The Divide Parkway/West Divide Parkway intersection. March 11, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1884 2 B. EXISTING CONDITIONS: The property is undeveloped and wooded. The proposed roadway (Watershed Cove) will be located along a ridge line. The property slopes downward from the ridge line to the north and to the south. C. NEIGHBORHOOD COMMENTS: All owners of abutting property and 16 surrounding neighborhood associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 2. Sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 3. A 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. 4. Are any variances requested to advance grade future phases with construction of the first phase and to grade proposed lots with the street and drainage construction? 5. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 6. 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 Developer and/or Property Owner's Association and detailed in the Bills of Assurance with mandatory fees collected for future maintenance. 7. 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. 8. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 9. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. March 11, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1884 3 10. Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 for more info. 11. Easements are required to be provided for all storm water drainage. 12. Street names and street naming conventions must be approved by Public Works. Contact Glenn Haley at (501) 371-4537. 13. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 14. Erosion controls must be installed to reduce discharge of polluted stormwater. 15. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 16. All public drainage easements must be unobstructed, and access provided to the public right-of-way by constructed infrastructure and/or documented on the final plat. Easement locations must be shown on the plat. 17. All public drainage easements must contain drainage infrastructure approved by the City of Little Rock Public Works Department. 18. 100-year overflow swales must be constructed and placed within public drainage easements. 19. Show proposed location(s) of USPS cluster box units in conformance with USPS and City of Little Rock policy design standards. All kiosks shall be constructed with pedestrian access provided in conformance with ADA standards. 20. Provide certification from a licensed engineer of at least 200-foot of stopping sight distance is provided on all new streets. 21. Final plat cannot be approved until the proposed street has access to public Right-of-Way. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Entergy: No comments received. CenterPoint Energy: No comments. March 11, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1884 4 AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. ANALYSIS: The applicant proposes to subdivide 23.2 acres into 30 lots. The property is zoned "R-2" Single Family District and is located north of The Divide Parkway/West Divide Parkway intersection, northeast of Chenal Parkway. The average lot size proposed is 16,000 square feet. The development will include 2,060 linear feet of new street. The proposed plat shows a 20 foot front platted building line for all lots. The applicant proposes to final plat the subdivision in five (5) phases as follows: Phase 1 – Lots 1-3, Block 1 and Lots 1-3, Block 2 Phase 2 – Lots 4-6, Block 1 and Lots 4-7, Block 2 Phase 3 – Lots 7-9, Block 1 and Lots 8-10, Block 2 Phase 4 – Lots 10-12, Block 1 and Lots 11-13, Block 2 Phase 5 – Lots 13-15, Block 1 and Lots 14-15, Block 2 Section 36-254 (d) (1) of the City’s Zoning Ordinance requires a minimum front building setback of 25 feet for R-2 zoned lots. The applicant is proposing 20 foot front platted building lines for all lots. Therefore, the applicant is requesting a variance from this ordinance requirement for the subdivision. March 11, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1884 5 The applicant is also requesting a variance from the Land Alteration Regulations to advance grade all lots within the subdivision with the issuance of a grading permit for Phase 1. Staff supports the advance grading variance request. The applicant is also proposing two (2) open space tracts (Tracts A and B) within the subdivision boundary. The open space tracts will be located along all perimeters of the proposed lots. The right-of-way for West Divide Parkway, from Chenal Parkway to a future roundabout, will be dedicated with this plat. Additionally, Watershed Cove right- of-way will be dedicated from the future roundabout to its terminus at the east end of this subdivision. To staff’s knowledge, there are no outstanding issues related to this preliminary plat request. The applicant has done a good job in addressing issues as raised by staff during staff’s review of this plat. The subdividing of this property should have no adverse impact on the surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the proposed preliminary plat and associated variances, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the April 8, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 2 FILE NO.: Z-9554 NAME: Immerse Arkansas Group Care Facility – Special Use Permit LOCATION: 3201 Mary Street DEVELOPER: Immerse Arkansas P.O. Box 45385 Little Rock, AR 72214-5385 OWNER/AUTHORIZED AGENT: Robbi Rosenbaum Quattlebaum, Grooms and Tull 111 Center Street, Suite 1900 Little Rock, AR 72201 SURVEYOR/ENGINEER: N/A AREA: Approximately 0.636 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 19 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting approval of a special use permit to allow a group care facility to be operated within a future building located on the R-3 zoned property at 3201 Mary Street. B. EXISTING CONDITIONS: The property contains a one-story frame church building which has existed on the site for a number of years. A concrete parking pad is located on the north side of the church building. March 11, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9554 2 C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and 16 surrounding neighborhood associations were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer available to this site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments received. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant, Immerse Arkansas, is requesting approval of a special use permit to allow a group care facility to be operated within a future building located on the R-3 zoned property at 3201 Mary Street. The property is located at the northeast corner of Mary Street and Lucie Avenue, immediately north of the Kaufman Lumber Company facilities. The property contains a one-story frame church building which has existed on the site for a number of years. A small concrete parking pad is located on the north side of the existing church building. A narrow March 11, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9554 3 paved drive is located within the Lucie Avenue right-of-way, along the south property line. The property is located in an area which contains a mixture of zoning and uses. The Kaufman Lumber Company facilities (zoned C-4 and I-2) are located south and east of the subject property. A contractor’s maintenance yard is located on the I-2 zoned property immediately to the north, with single family residences (zoned R-3) located further north. The Islamic Center of Little Rock mixed use development is located on the R-3 zoned property across Mary Street to the west. A large multifamily complex (zoned PD-R) is located to the southwest. The applicant provided the following information with respect to the proposed group care facility (the term "shelter" used by the applicant): "Immerse purchased the Property in November 2020 and hopes to open a youth shelter thereon. By opening this youth shelter, Immerse hopes to (1) use its experience, expertise, and deep knowledge of the needs of youth to build and provide safe, stable, immediate housing for youth; (2) serve the Little Rock community with a shelter tailored to the unique needs of youth who have experienced childhood abuse and neglect, aged out of foster care, and experienced homelessness; and (3) enhance the continuum of integrated support Immerse offers. A new youth shelter in this neighborhood is needed, as many central Arkansas shelters have closed or limited their populations to exclude the youth population. Additionally, current adult shelters in central Arkansas do not operate in a way that is trauma-informed and youth-friendly and do not practice positive youth development. With this in mind, the proposed shelter will house up to twelve youth residents (aged eighteen and up) at any given time, with a target length of stay at twenty-one days. At least one adult staff member will be on site at all times, though staff members will not live at the Property. During the residents' stays, Immerse plans to: (1) connect them with basic resources and provide immediate safety; (2) expose them to positive, supportive adults and begin the pathway toward mentorship; (3) connect them to longer-term housing options through other Immerse programs, host homes, partners, and rental opportunities; and (4) engage them in programming to increase their employment and educational potential." March 11, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9554 4 The applicant plans to remove the existing church building from the property and construct a new building to house the group care facility. Although Immerse Arkansas has not created building plans as of this date, the applicant notes that the newly constructed building will comply with all building codes requirements. The development of the site must also comply with all ordinance criteria including, but not limited to the following:  Minimum building setbacks from all property lines  Maximum building height  Required parking  Minimum buffer and landscape requirements The proposed building must also comply with the minimum area requirements as found in Sections 8-406 (a) and (b) of the code. Section 8-406 (a) of the City’s Building 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. Section 8-406 (b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The applicant notes that each bedroom within the facility will be occupied by two (2) individuals. There will be one (1) full bathroom for each bedroom, with each bathroom located on the floor of the bedroom it serves. As noted above, the proposed facility will have a maximum of 12 residents. The applicant notes that the maximum length of stay will be 45 days, with most residents existing within two (2) weeks. The facility will be staffed at all times with up to eight (8) staff members during the day and one (1) staff member at night. With respect to transportation and support services, the applicant provided the following information: "The Property is located within walking distance of several bus stops, including ones at the intersection of Asher Avenue and Mary Street (two blocks from the Property) and Asher Avenue and Fair Park Boulevard (four blocks from the Property). The Property is within walking distance of CAT routes #14 (Rosedale), #16 (UA-Little Rock), #17 (Mabelvale/Downtown), and #22 (University Avenue/Mabelvale). Importantly, the Property is four blocks away from the Immerse headquarters, which will provide many needed support services to shelter residents. At the Immerse headquarters, shelter residents will find healthy snacks and meals, mentoring, life coaching and life skills classes, job search and placement, tutoring, counseling and group therapy, art classes, a computer lab, and more. Between the March 11, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9554 5 services offered at the shelter and those offered at the headquarters, residents will find almost everything they need in the same neighborhood." The proposed group care facility for up to 12 residents will require a minimum of six (6) off-street parking spaces as per Section 36-502 of the code. The applicant notes that a dumpster will be located on the site. The dumpster area must be screened as per Section 36-523 (d) of the code. Any site lighting must be low level and directed away from adjacent properties. The applicant notes that there will be signage to identify the building, traffic flow and parking. The applicant notes that none of the signage will be lit or larger than what is typical for this type of building. Staff recommends that all signage conform with the office standards as found in Section 36-553 of the code. The applicant submitted a copy of the bill of assurance for C. O. Brack Addition, which the subject property is within. The bill of assurance was recorded in 1912 and is not completely legible. It likely contains no restriction on the use of property. According to an area survey, there are no other similar living facilities within 1,500 feet of this property. Section 36-54 (e) (4) of the code defines a neighborhood area as being within 1,500 feet of a subject property with respect to spacing/separation considerations. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues. The applicant is requesting no variances with the proposed special use permit. Staff is supportive of the requested special use permit to allow a group care facility to be located within a new building at 3201 Mary Street. Staff views the request as reasonable. The property is located on the outer edge of a large, older single family neighborhood, and is surrounded by uses and zoning which are more intense than single family residential. The subject property should prove to be a very good location for the proposed group care facility use. The proposed use should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested special use permit, subject to compliance with the comments and conditions outlined in the staff analysis of the agenda staff report. March 11, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9554 6 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 3 FILE NO.: Z-1528-A NAME: Bark Avenue, LLC – PCD LOCATION: 7820 Cantrell Road DEVELOPER: Regan Ellis, Member and Manager Bark Avenue, LLC 6 Vantage Point Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: Regan Ellis, Member and Manager Bark Avenue, LLC 6 Vantage Point Little Rock, AR 72207 SURVEYOR/ENGINEER: Harbor Environmental, Inc. AREA: 0.89 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 49 CURRENT ZONING: C-3, General Commercial District VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone approximately 0.89 acre from C-3, General Commercial District, to PCD, Planned Commercial District to allow the use of the facility as an animal kennel. As provided by the applicant, “Bark Avenue hopes to provide a safe, cheerful and quiet space for residents to place their dogs during the day or March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 2 overnight and to enhance the continuum of integrated animal support provided in the vicinity of Cantrell and Foxcroft. The proposed kennel will house up to 50 dogs at any given time, with both daytime and overnight kennel options. Bark Avenue plans to provide dogs with 24-hour supervision for both daycare and overnight boarding options that are available.” The facility will be opened to the public from 6:00 a.m. to 7:00 p.m. daily. B. EXISTING CONDITIONS: The subject property is located near the intersection of Cantrell Road and Foxcroft Road. The site is currently occupied by a construction company. The area is developed as predominately commercial uses to the west and residential to the immediate east. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and 17 surrounding neighborhood associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right- of-way prior to occupancy. 2. Pet waste must be collected on a daily basis, continuously, in conformance with City of Little Rock Storm Water Quality Standard requirements. 3. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 4. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 6. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 3 7. Obtain a franchise agreement from Public Works (Bennie Nicolo, 501-371-4818) for the private improvements located in the right-of-way. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments received. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. Any existing vehicular use area that does not meet current code requirements may continue as nonconforming until such time a building permit is issued to rehabilitate a structure on the property exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50) percent of the existing vehicular use area shall be brought into compliance with this chapter and shall continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost. 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. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 4 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the West Little Rock Planning District. The Land Use Plan shows Commercial (C) for the requested area. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is to change the property from C-3 (General Commercial District) to PCD (Planned Commercial Development) District to allow the existing site to be redeveloped for a Kennel. Surrounding the application area, the Land Use Plan shows Commercial (C) to the southeast, south and west. To the north, the Plan shows as Office (O). East of the site is shown as Residential Low Density (RL). The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This commercial area is along and either side of Cantrell Road. It includes a mix of commercial, office and multi- family uses. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The area currently shown for Office has an office building and three residential structures (one of which is a single- family structure). The Residential Low Density (RL) 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 remains less than 6 units per acre. An existing single-family subdivision is in this area with homes on the lots. Master Street Plan: To the south is W Street, it is a Local Street on the Master Street Plan. The primary function of Local Streets 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”. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to rezone the 0.89 acre property located at 7820 Cantrell Road from "C-3" General Commercial District to "PCD" Planned Commercial District. The rezoning is proposed to allow use of the existing developed property as an animal kennel. The property is located on the north side of "W" Street, just off of Cantrell Road. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 5 The property was previously used as a contractor’s office and maintenance/storage yard. A description of the proposed use as provided by the applicant is as follows: "The proposed kennel will house up to 50 dogs at any given time, with both daytime and overnight kennel options. Bark Avenue plans to provide dogs with 24-hour supervision for both daycare and overnight boarding options that are available. Bark Avenue will provide dogs with a positive and nurturing environment to enhance their nutrition, physicality, and social skills while offering dog parents peace of mind that their dog is getting the best care while away from home. With more and more residents looking to board their pets during the day or during trips, Bark Avenue will meet a need previously unmet in the neighborhood. Existing kennels are faced with capacity and location disadvantages when compared to Bark Avenue. Bark Avenue will also offer transportation to and from daycare for customers in the neighborhood to help the dog parents with demanding schedules in professional and healthcare industries and to ensure that they have a safe and reliable pet daycare option. The proposed kennel will fill the demand for an affordable, convenient, and safe option for pet parents within in the Little Rock Metro area." The proposed hours of operation will be from 6:00 a.m. to 7:00 p.m., daily. The applicant proposes to use the two (2) existing buildings on the site. Approximately 1,500 square feet of the southernmost building, fronting "W" Street, will be utilized as office space, with the remaining 2,500 square feet being an indoor kennel area. The northernmost building (1,967 square feet) will be used as an indoor play area. A small addition is proposed to the east side of the south building, connecting it to the north building. This space will be used for additional indoor play area. There will be an outdoor play area between the two (2) buildings and an existing rock wall which runs north/south near the center of the property. The east portion of the property, approximately 100 feet wide and 153 feet deep (0.35 acre), will remain vacant and serve as an open space buffer area between the proposed use and the residences to the east. A new privacy fence (minimum height of six (6) feet) and landscaping will be installed along the north, east and west property boundaries. There are eight (8) existing parking spaces located on the south side of the southern building. A portion of the parking area is located within the "W" Street right-of-way. A franchise permit must be obtained for continued use of the parking. The parking will be sufficient to serve the proposed use. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 6 The applicant notes that there will be a dumpster located on the site. The dumpster area must be screened as per Section 36-523 (d) of the code, and oriented away from the street and adjacent residential properties. The applicant notes that pet waste will be collected daily and disposed of as per City requirements. The applicant notes that the two (2) existing night lights on the property, as provided by Entergy, will continue to be used. Additional lighting will be installed on the site. All new site lighting will be low-level and directed away from adjacent properties. The applicant also notes that new signage will be placed on the street-facing façade of the southern building. Any site signage must conform with Section 36-555 of the code, signs allowed in commercial zoning. With respect to noise generated by the proposed use, the applicant notes the following: "Bark Avenue understands that sound issues will be a key concern for the Commission and for the neighbors. With this in mind, Bark Avenue has engaged the services of Dan Chappell, an architect who has designed over nine hundred animal boarding facilities and veterinary clinics, including the Bellevue Animal Clinic adjacent to the Property. Mr. Chappell plans to soundproof the Property to a level of Sound Transmission Class (STC) 50. The STC system measures the effectiveness of soundproofing based on the decibel reduction achieved. The typical STC levels begin at 25 and reach 60 at their peak, with higher STC numbers meaning better soundproofing. The STC 50 rating is the most common STC requirement in building codes. At a level of STC-50, very loud sounds such as musical instruments or a stereo could be faintly heard, with ninety-nine percent of the population not annoyed. While an STC 60 rating is the most complete soundproofing level, it is expensive to achieve and requires specialized sound-mitigating materials. The STC 50 rating, on the other hand, can be attained with standard building materials. To achieve the STC 50 rating, Bark Avenue will insulate all sides of all buildings on the Property and install double-paned windows. Additionally, Bark Avenue will install a new fence and place appropriate landscaping around the perimeter of the Property to provide exterior soundproofing. Finally, Bark Avenue has strategically placed the outdoor play area in the middle of the Property, as far away from all adjacent parcels as possible. These specifics are noted on the preliminary site plan and will be fully developed on the final site plan. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 7 Bark Avenue will also actively soundproof each day by keeping staff members on-site at all times. The staff members will quickly work to stop any barking that may occur, and staff will have several rooms, an indoor play area, and an outdoor play area to separate any loud dogs as needed. Thus, any barking will last several seconds at a time at most." The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues. The applicant is requesting no variances with the proposed PCD rezoning. Staff is supportive of the requested PCD rezoning to utilize the existing developed site as an animal kennel. Staff views the request as reasonable. The property is currently zoned C-3, designated as "C" Commercial on the City’s Future Land Use Plan, and located in an area of mixed commercial uses along Cantrell Road. Staff believes the applicant has addressed key issues, such as noise and pet waste disposal, associated with an animal kennel use. The applicant is also proposing that the east 100 feet of the site remain undeveloped and serve an as buffer between the kennel use and the single family neighborhood to the east. Staff believes the requested PCD zoning to allow an animal kennel use will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD zoning, subject to compliance with the comments and conditions outlined in paragraphs D and F, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present, represented by Cliff McKinney, Quattlebaum, Grooms & Tull, PLLC. There were citizens registered in opposition. Staff presented the item and a recommendation for approval as outlined in the “staff recommendation” above. The applicant deferred to the registered opposition. Brandon Bradley addressed the Commission in opposition to the application. Mr. Bradley expressed three (3) concerns to be addressed during a group presentation: noise, traffic and the negative effect the proposed dog park would have on the neighborhood. Robin Reynolds addressed the Commission in opposition to the application. Ms. Reynolds provided a presentation to the Commission and presented her concerns. She stated she was not opposed to business development but had concerns regarding the negative impact on the area and the noise from barking dogs that may be generating from the area to surrounding neighbors extended. She provided data regarding how noise travels and may be heard at varying distances from barking dogs. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 8 Brandon Bradley addressed the Commission in opposition to the application. He expressed concerns regarding traffic issues, entering/exiting the parking lot of the proposed dog park citing limited visibility and vehicles stacking. Mr. Bradley also expressed concerns regarding pet owners dropping off dogs like a “doggie daycare” creating additional traffic flow issues. Mark Reynolds addressed the Commission in opposition to the application. Mr. Reynolds expressed noise concerns regarding property owners in the area near the proposed development, the negative and adverse impact to the neighborhood and overall loss of harmony within the area. Mr. Reynolds stated he did not receive notification regarding the proposal. Staff referred to notification records which indicated Mr. Reynolds was properly notified. Brandon Bradley addressed the Commission in further opposition to the application. Specifically, the lack of a traffic study and compliance with Municipal Codes regarding Planned Zoned Development (PZD) standards. Elizabeth Heiles addressed the Commission in opposition to the application. Ms. Heiles expressed concerns regarding traffic and public safety. She recommended as a condition of approval that a traffic impact analysis be performed to ensure neighborhood safety. Chairman Hamilton provided an additional six (6) minutes to registered opposition in the spirit of fairness regarding the number of citizens registered in opposition. Bob Bullers addressed the Commission in support of the application. Brandon Bradley addressed the Commission in further opposition to the application. Cliff McKinney, from Quattlebaum, Grooms & Tull, PLLC addressed the Commission representing the applicant. Reagan Ellis, applicant, addressed the Commission in support of the application regarding her vision for the property and items of concern discussed with neighbors. Cliff McKinney addressed the Commission with a presentation addressing three points: 1) noise control and methods utilized to curtail noise levels 2) permitted uses in the area which are allowed by-right with more intense uses and 3) the positive impact the dog park would add to the neighborhood. Reagan Ellis, and David Perry (Architect) addressed the Commission in support of the application. They presented additional information regarding current noise existing in and around the area of the proposed dog park and described methods to be utilized to mitigate sound. Additional sound proofing and privacy measures will include an eight (8) foot privacy fence around the perimeter of the open space area and along the east side of the outdoor play area. Applicant also stated all dogs will be inside by 6:00pm, no later than 8:00pm, all dogs will be observed throughout the day, taken out in groups, never outside alone and excessive barkers will be taken inside. March 11, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-1528-A 9 Commissioner Vickers asked the applicant questions regarding the use of proposed green space, duration of proposed privacy fence and how many feet would the outdoor dog area be to the nearest resident? Commissioner Vickers asked Staff how does Zoning look at dog parks and are kennels a permitted use? Commissioner Rahman asked Staff questions regarding permitted uses in C-3 and C-4 zoning and use. Commissioner Berry asked applicant what is the maximum number of dogs allowed at the dog park at any given time? Applicant’s response was a maximum number of 50 dogs at any given time but facility will not be maxed out daily. Commissioner Brooks asked Staff in regards to notification, specifically a registered speaker, stating they had not received notification, how the process for notification worked? He followed up by asking the applicant what is the maximum number of dogs housed overnight? Commissioner Hart asked staff what is the process used by the City to report and mitigate dogs barking from residents living in the area? Shawn Overton, Little Rock City Attorney, provided a response. Staff addressed the Commission to clarify questions asked by the Commission regarding the dimensions of the open space area and the notification process. There was a motion to approve the application. The motion was seconded. The vote was 5 ayes, 6 nays and 0 absent. The application was denied. March 11, 2021 ITEM NO.: 4 FILE NO.: Z-9103-B NAME: 10,115 Rodney Parham Road – Conceptual PCD LOCATION: 10,115 Rodney Parham Road DEVELOPER: Max Alley Real Estate Services, LLC 3930 Galleria Oaks Drive Texarkana, TX 75503 OWNER/AUTHORIZED AGENT: Mary E. Arnold Revocable Trust – Owner Tim Daters - Agent SURVEYOR/ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.62 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 2 CENSUS TRACT: 22.08 CURRENT ZONING: O-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 2.62 acre property from O-3 to conceptual PCD to allow for future commercial development of the site. Through the conceptual PCD request, the applicant is proposing to set the parameters (uses and development standards) for a future commercial development. B. EXISTING CONDITIONS: The property contains a one-story single family residential structure within the north half of the property. A single car driveway from Rodney Parham Road serves as access to the property. The south half of the property is undeveloped and March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 2 wooded. A small portion of the property, along the south property line, is located in the floodway. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and 30 surrounding neighborhood associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Due to the floodplain and floodway located along the south property line, the area shown as open space undisturbed buffer should be rezoned to OS-Open Space. 2. All conditions and requirements found in the regulations, ordinances, standard details, manuals, plans, and policies referenced in Chapters 13, 29, 30, 31, and 32 of the City of Little Rock municipal codes should be met at time of building permit application submittal. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide drainage and access easement is required adjacent to the floodway boundary. 4. The proposed driveway location is approved. Provide certification from a licensed engineering of sufficient intersection sight distance at the time of building permit application submittal. 5. A traffic study maybe required to be submitted at time of building permit application submittal for the proposed use. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer available to site. Capacity Analysis required. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments received. March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 3 Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Rodney Parham Planning District. The Land Use Plan shows Office (O) for the requested area. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The application is to change the property from O-3 (General Office District) to PCD (Planned Commercial Development) District to allow the future commercial development of the site with C-3 and C-4 uses. Surrounding the application area, the Land Use Plan shows Office (O) to the west and southeast. Across Rodney Parham Road to the north and adjacent to the northwest of the site is Commercial (C). The Residential Low Density (RL) is shown to the south of the site. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. Within the Office area to the west is an office building and two professional offices. The land to the southeast shown as Office is vacant. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This area is occupied by a strip retail center to the west. A strip commercial center is also to the north across Rodney Parham Road. Additional retail commercial uses can be found along Rodney Parham Road both to the northwest and southeast. The Residential Low Density 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. An existing single-family subdivision is in this area with homes on the lots (across Grassy Flat Creek). Master Street Plan: To the northeast is Rodney Parham Road and it is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 4 to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Rodney Parham Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Rodney Parham Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. H. ANALYSIS: The applicant proposes to rezone the 2.62 acre property located at 10,115 Rodney Parham Road from "O-3" General Office District to "Conceptual PCD" Planned Commercial District. The rezoning is proposed to allow future commercial development of the site. The applicant is proposing to set the parameters for the future site development by establishing development criteria (building setbacks, building height, etc.) and a list of permitted uses for the site. The property currently contains a one-story single family structure located within the north half of the site. There is a one-car wide driveway from Rodney Parham Road which serves as access to the property. The south half of the property is undeveloped and mostly tree covered. Grassy Flat Creek is located just south of the property. A small area of floodway and floodplain is located within the south portion of the property. The applicant is proposing that the south 100 feet of the property be maintained as an undisturbed buffer area, adjacent to the single family zoned property to the south. The floodway and floodplain located on the property will fall within this undisturbed buffer area. At the request of staff, the applicant has agreed to zone the undisturbed buffer area to "OS" Open Space District. For the future site development, the applicant is proposing the following minimum building setbacks:  Front – 25 feet (after right-of-way dedication)  Sides (east/west) – 15 feet  Rear – 25 feet from undisturbed buffer area (125 feet from rear property line) The applicant notes that the maximum building height will be 30 feet. A proposed 36 foot wide driveway from Rodney Parham Road is proposed at the northeast corner of the site. March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 5 The applicant notes that on-site parking will comply with the minimum ordinance standards as found in Section 36-502 of the code. The applicant also notes that the future development will comply with the minimum buffer and landscape requirements as found in Chapters 36 and 15 of the code. All site lighting must be low-level, shielded and directed away from adjacent properties. Any dumpster or trash containment area on the site must be oriented away from the street and screened as per Section 36-523 (d) of the code. The applicant also notes that site signage will comply with the commercial sign requirements as found in Section 36-555 of the code. With respect to the future use of the property, the applicant has provided an edited list of the permitted uses and conditional uses as found in the C-3 and C-4 zoning districts of Sections 36-301 and 36-302 of the City’s Zoning Ordinance. The list is proposed as permitted uses for the requested "Conceptual PCD" zoning. Please see the accompanying Attachment "A" for the complete list as submitted by the applicant. Staff does not support the proposed rezoning of the property from "O-3" to "Conceptual PCD". Although staff has no problem with the use of the conceptual PCD process for future development of this site, staff does not support the proposed use list for the development. Staff believes the proposed use list is too broad and is too heavily weighted toward C-4 uses. In order for staff to support the application, the applicant needs to further edit the list, eliminating many of the C-4 type uses, and making the permitted use list more C-3 in nature. I. STAFF RECOMMENDATION: Staff recommends denial of the requested conceptual PCD rezoning. STAFF UPDATE: The applicant has revised the application by omitting C-3/conditional, C-4/permitted and C-4/conditional uses from the proposed use list. The applicant is now proposing C-3/permitted uses (edited list) and a car wash as permitted uses for the conceptual PCD application. The updated use list is attached for Commission review. This revision satisfies staff’s concern, and staff will now recommend approval. Staff believes the proposed conceptual PCD zoning to allow future commercial development March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 6 of the site, to include a 100 foot wide undisturbed buffer along the property’s south boundary, will have no adverse impact on the surrounding properties or the general area. REVISED STAFF RECOMMENDATION: Staff recommends approval of the conceptual PCD application as revised by the applicant, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, in the agenda staff report. 2. Permitted uses for the development will be as per the revised list submitted by the applicant (C-3 permitted uses (edited list) and car wash). March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 7 March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 8 March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 9 March 11, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-9103-B 10 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the April 8, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 5 FILE NO.: S-1885 NAME: Chenal Valley, Tract 9 – Preliminary Plat LOCATION: West of the Chenal Parkway and Rahling Road Intersection (west end of St. Vincent Way) DEVELOPER: Potlatch Deltic Real Estate 7 Chenal Club Blvd. Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Potlatch Deltic – Owner Tim Daters/White-Daters and Associates - Agent SURVEYOR/ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 21.3acres NUMBER OF LOTS: 47 FT. NEW STREET: 1,850 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.13 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. Variance to allow reduced front building setbacks. 2. Variance to allow reduced right-of-way width and no sidewalk construction. STAFF UPDATE: The applicant submitted a letter to staff on February 22, 2021 requesting this application be deferred to the April 8, 2021 Planning Commission Agenda. Staff supports the deferral request. March 11, 2021 ITEM NO.: 5 (Cont.) FILE NO.: S-1885 2 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant submitted a letter to staff on February 22, 2021 requesting this application to be deferred to the April 8, 2021 Planning Commission Agenda. Staff supported the deferral request. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 6 FILE NO.: Z-9561 NAME: Rezoning from R-2 to AF LOCATION: 18601 Cooper Orbit Road DEVELOPER: Second Baptist Church 222 E. 8th Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Second Baptist Church – Owner James Walden - Agent SURVEYOR/ENGINEER: Steven Beadle Surveying Co., Inc. 312 West Justice Road Cabot, AR 72023 AREA: 3.73 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone 3.73 acres of property from "R-3" Single Family District to "AF" Agriculture and Forestry District. The rezoning is proposed in order to incorporate two (2) small pieces of property into the Lake Nixon Daycamp and Conference Center property for future development. B. EXISTING CONDITIONS: The 2.74 acre parcel at 16801 Cooper Orbit Road contains a one-story brick single family residential structure within the south half of the property. The remainder of March 11, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9561 2 the property is mostly wooded. The smaller 0.99 acre parcel located just to the south along Cooper Orbit Road is undeveloped and mostly wooded. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Cooper Orbit Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Outside Service Area Boundary. No Comment. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. March 11, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9561 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. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Public Institutional (PI) for the requested area. The Public Institutional (PI) category includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The application is to change the property from R-2 (Single Family District) to AF (Agriculture and Forestry District) to allow for expansion of the Lake Nixon Camp and conference center to include this land. Surrounding the application area, the Land Use Plan shows Public Institutional (PI) in all directions. Further to the east is land shown for Residential Low Density (RL). The Public Institutional (PI) category includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. This land is all owner by Second Baptist Church and is part of the ‘Lake Nixon’ development run by the Church. All of the land owned by Second Baptist Church is zoned AF, Agriculture and Forestry. The land being re-classified has become Second Baptist Church property over the last five-plus years. The Residential Low Density (RL) 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. This area is either vacant wood land or large tract single-family parcels. March 11, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9561 4 Master Street Plan: To the west is Cooper Orbit Road and it is shown as a Collector on the Master Street Plan. The primary function of a Collector is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: Second Baptist Church, owner of the 3.73 acres of property located at 18601 Cooper Orbit Road and along the east side of Cooper Orbit Road, is requesting that the property be rezoned from "R-2" Single Family District to "AF" Agriculture and Forestry District. The rezoning is proposed in order to incorporate the two (2) pieces of property into the Lake Nixon Daycamp and Conference Center property for future development. The 2.74 acre property at 18601 Cooper Orbit Road contains a one-story single family residential structure within the south half of the property, with the remainder of the property being undeveloped. The 0.99 acre property located to the south along the east side of Cooper Orbit Road is undeveloped and mostly wooded. Both properties are adjacent to AF zoned property which is part of the Second Baptist Church overall ownership. The properties in this general area are predominantly zoned AF and R-2, and contain the Lake Nixon Daycamp development, single family residences and a large amount of undeveloped property. A PCD zoned property is located to the southeast, along the north side of Colonel Glenn Road. The City’s Future Land Use Plan designates this property as "PI" Public Institutional. The requested AF zoning will not require a plan amendment. Staff is supportive of the requested AF zoning. Staff views the request as reasonable. The two (2) properties are adjacent to AF zoned parcels owned by Second Baptist Church and part of the Lake Nixon Daycamp development. The rezoning will represent a continuation of the AF zoning pattern in this immediate area and should have no adverse impact on the surrounding properties or the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested AF rezoning. March 11, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9561 5 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant submitted a letter to staff on March 2, 2021 requesting this application to be deferred to the April 8, 2021 Planning Commission Agenda. Staff supported the deferral request. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 7 FILE NO.: Z-9562 NAME: Rezoning from R-2 to C-3 LOCATION: 5804/5808 Baseline Road DEVELOPER: Baseline Developers, Inc. 108 Jack Evans Court Sherwood, AR 72120 OWNER/AUTHORIZED AGENT: Baseline Developers, Inc. – Owner Thomas Pownall/Thomas Engineering Co. – Agent SURVEYOR/ENGINEER: Thomas Engineering Co. 3810 Lookout Road North Little Rock, AR 72116 AREA: 3.74 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 3.74 acre property from "R-2" Single Family District to "C-3" General Commercial District. The rezoning is proposed to allow future commercial development of the property. B. EXISTING CONDITIONS: Two (2) one-story structures are located within the south half of the property, along the Baseline Road frontage. A paved parking area is located on the south side of the buildings. The remainder of the site is mostly grass covered. There are a few March 11, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-9562 2 trees located on the north side of the buildings and along the east perimeter of the property. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial with a special design standard. Dedication of right-of-way to 45 feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. March 11, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-9562 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. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Geyer Spring East Planning District. The Land Use Plan shows Commercial (C) for the requested area. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is to change the property from R-2 (Single Family District) to C-3 (General Commercial District) to allow the future commercial development of the site. Surrounding the application area, the Land Use Plan shows Commercial (C) to the north east and west. Residential High Density (RH) is shown to the south across Baseline Road from the site. Commercial (C) land use is also shown to the southeast and southwest along and south of Baseline Road. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Within the Commercial area is a shopping center and auto related retail to the west; with a liquor store, mobile home park, and mini-storage to the east. Within the Commercial area south of Baseline Road, to the southeast and southwest are two single-family houses and various retail commercial uses. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The area shown for this use across Baseline Road, due south of the application area, is an apartment complex. March 11, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-9562 4 Master Street Plan: To the south is Baseline Road and it is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Baseline Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. H. ANALYSIS: Baseline Developers, Inc., owner of the 3.74 acre property located at 5804/5808 Baseline Road, is requesting that the property be rezoned from "R-2" Single Family District to "C-3" General Commercial District. The property is located on the north side of Baseline Road, approximately 750 feet east of Geyer Springs Road. The rezoning is proposed to allow future commercial re-development of the site. The property currently contains two (2) commercial buildings located within the south one-third of the site. Paved parking is located on the south side of the buildings. The remainder of the site is undeveloped. The site is located in an area of mixed uses and zoning along Baseline Road. Commercial uses and zoning (C-3) are located east and west of the existing commercial buildings. A mobile home park (R-2) is located along the remainder of the east property boundary. Three (3) single family structures (R-2) are located across Elrod Drive to the west. A large commercial development is also located to the west. A commercial parking lot and a cell tower site is located to the north. A multifamily development and mixed commercial uses are located to the south, along the south side of Baseline Road. The City’s Future Land Use Plan designates this property as "C" Commercial. The requested C-3 zoning will not require a plan amendment. Staff is supportive of the requested C-3 zoning. Staff views the request as reasonable. The property has a history of commercial use, including a car sales business and other related auto uses. The proposed C-3 zoning will represent a continuation of the commercial zoning along the Baseline Road frontage, a principal arterial. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. March 11, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-9562 5 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 8 FILE NO.: LU2021-13-01 Name: Land Use Plan Amendment – 65th East District Location: Northwest of Interstate 30 Frontage Road and Scott Hamilton Drive Request: Industrial (I) to Commercial (C) Source: Tim Daters, 24 Rahling Circle PROPOSAL / REQUEST: On February 22nd, Staff received from the applicant, a request to defer the hearing for item LU2021-13-01 until the April 08, 2021 regularly scheduled Planning Commission meeting. STAFF RECOMMENDATIONS: Staff recommends deferral of application item LU2021-13-01 until the April 08, 2021 regularly scheduled Planning Commission meeting. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The item was placed on consent agenda for deferral to the April 8, 2021 Commission hearing. By a vote of 11 for, 0 against, and 0 absent, the consent agenda was approved. March 11, 2021 ITEM NO.: 8.1 FILE NO.: Z-9563 NAME: Rezoning from PID to C-4 LOCATION: Northwest corner of Interstate 30 and Scott Hamilton Drive DEVELOPER: Goodwill Industries of Arkansas, Inc. 7400 Scott Hamilton Drive, Suite 50 Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Goodwill Industries of Arkansas, Inc. – Owner Tim Daters/White-Daters and Associates – Agent SURVEYOR/ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 6.9 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.02 CURRENT ZONING: PID VARIANCE/WAIVERS: None requested. STAFF UPDATE: The applicant submitted a letter to staff on February 22, 2021 requesting this application be deferred to the April 8, 2021 Planning Commission Agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant submitted a letter to staff on February 22, 2021 requesting this application to be deferred to the April 8, 2021 Planning Commission March 11, 2021 ITEM NO.: 8.1 (Cont.) FILE NO.: Z-9563 2 Agenda. Staff supported the deferral request. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 9 FILE NO.: LU2021-11-01 Name: Land Use Plan Amendment – I-430 Planning District Location: West of I-430 at 4400 block of Colonel Glenn Plaza Drive Request: Mixed Office Commercial (MOC) to Commercial (C) Source: Joe White, Joe White & Associates, Inc. PROPOSAL / REQUEST: Land Use Plan amendment in I-430 Planning District from Mixed Office Commercial (MOC) to Commercial (C) on approximately 52 acres located at the at the north terminus of Colonel Glenn Plaza Drive between Bowman Road and Interstate-430. A small area to the northwest and northeast of the subject site is shown as Park and Open Space (PK/OS), no change is proposed on these lands. The Colonel Glenn Rd/I-430 Area is a node of intense development. The MOC designation allows for integration of commercial and office uses, acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the proposed use is mixed office and commercial. The Commercial land use designation proposed by the applicant represents services including a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This land use amendment application is accompanied by a zoning map amendment request, it is the applicant’s intent to rezone the undeveloped 52 acres to a C4 commercial zoning designation (File No. Z-3371). EXISTING LAND USE AND ZONING: The subject property is undeveloped and currently zoned Shopping Center (C-2) and Planned Commercial Development (PCD). A Conditional Use Permit (CUP) was approved on a part of the subject site in the southeast, immediately adjacent to the surface parking of the automobile dealer (Crain Ford), but was revoked 11/13/08. Lands northeast of the subject property are zoned Open Space (OS), northwest of the site, lands are zoned Single Family District (R-2). The OS zoning designation is for use as a buffer zone between uses, a protection zone for difficult topography, and to preserve natural conditions, these OS lands are within the floodway of Brodie Creek. The R-2 zoning designation is for conventional single family development with a minimum lot size of 7,000 square feet. Brodie Creek transverses a part of the subject site in the north. West of Bowman Road, lands March 11, 2021 ITEM NO.: 9 (Cont.) FILE NO.: LU2021-11-01 2 are zoned Single Family (R-2) and Planned Development Residential (PD-R). The PD-R site is developed with the Fountaine Bleau West apartment complex, the R- 2 zoned lands are largely undeveloped with some commercial and agriculture structures having been previously developed. East of the site, across the Interstate-430 right of way, there exists approximately 60 acres of undeveloped Office and Institutional District (O2) zoned lands. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The MOC land use designation runs along the I-430 corridor and spreads to the west. This area includes Shackleford Crossing, a major shopping mall (this particular MOC area requires a PZD for all developments, not just those that are mixed). The plan makes provisions for Commercial (C) on both sides of Colonel Glenn Road east of I-430 and along the south side of Colonel Glenn Road west of I-430. The northwest quadrant of the interchange is shown Commercial (C) along Colonel Glenn Road, north of this land use designation, at the site of this application, Mixed Office Commercial (MOC). Brodie Creek transverses the subject site in the north, lands immediately adjacent to Brodie Creek are designated Parks and Open Space (PK/OS). The PK/OS designation includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. North of these PK/OS lands there are additional MOC designated lands fronting W. 36th Street and Bowman Road, generally office uses have not yet been developed on these lands. West of the site are RL (Residential Low Density) designated lands which are largely undeveloped and RH (Residential High Density) designated properties where both an apartment complex and manufactured home park have been developed. April 21, 2016, east of the subject site on the west side of Shackleford Road north of Colonel Glenn Road, LU16-12-01, an amendment to change the land use designation from Residential High Density (RH) and Park and Open Space (PK/OS) to Service Trade District (STD) was approved. November 18, 2014, southeast of the subject site at the intersection of Talley Road and Colonel Glenn Road, LU14-12-01, an amendment to change the land use designation from Light Industrial (LI) to Commercial (C) was approved. MASTER STREET PLAN: Adjacent to the site on the west is Bowman Road, designated a Minor Arterial in the Master Street Plan, to the east is I-430, a Freeway per the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and March 11, 2021 ITEM NO.: 9 (Cont.) FILE NO.: LU2021-11-01 3 pedestrians on Bowman Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Freeways are intended to serve through long distance trips, they are always designed as full access control roads (no direct access). BICYCLE PLAN: There is a Class II Bike Route shown on Bowman Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. PARKS: There are no city recognized parks in the immediate vicinity. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: Subject site is an undeveloped parcel in an existing commercial development node along Colonel Glenn Plaza Drive. Clearing and grading work has occurred on the site in anticipation of future development. Immediately south of the site, lands in the northeast I-430 quadrant have been developed with two auto retail operations, an auto-oriented restaurant and a nursing college. Additional lands with a Commercial land use designation are limited in this area, with only a few smaller parcels available. South of Colonel Glenn Rd, in the southwest quadrant of the I- 430 interchange, lands designated for Commercial land use have mostly been developed. The area is host to automobile retail operations and a multi-screen movie theatre. East of the Interstate, the northeast quadrant is developed with quick serve restaurants, light industrial flex space, and some commercial operations fronting Colonel Glenn Road. North of these commercial developments, there is approximately 60 acres of undeveloped land designated as (SO) Suburban Office. Arkansas Central Water has a 3 acre site, situated along I-430 just south of the SO designated lands, where a water tower was developed. Additional commercial uses have been developed along the south side of Colonel Glenn Road. The southeast quadrant of I-430 and Colonel Glenn Road has been developed with an auto retailer and other highway oriented commercial uses, including two hotels and farm supply retailer. South of these commercial developments on lands designated SO (Suburban Office) and Office (O) there are two large office developments (Arkansas Baptist State Convention and Centene March 11, 2021 ITEM NO.: 9 (Cont.) FILE NO.: LU2021-11-01 4 Corporation) in addition to some smaller office uses developed north of Talley Road. South of Talley Road, there are approximately 100 acres of (SO) Suburban Office designated lands that have not yet been developed. While most of the lands in the southeast quadrant bearing a Commercial land use designation have been developed, some smaller Commercial develops sites are available. A change in land use designation from MOC to C would allow for commercial development to extend north from its current terminus, about a quarter mile north of Colonel Glenn Road, the use would allow for additional commercial uses at an intersection planned for high intensity uses, with Brodie Creek acting as a buffer to future office and commercial developments along W. 36th Street. Undeveloped lands assigned a Commercial land use designation are limited at this interchange. The City has additional capacity in the area to accommodate office developments within the I-430 planning district. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: John Barrow Neighborhood Association. Staff has received no comments from area residents or from the Neighborhood Association. STAFF RECOMMENDATIONS: Staff recommends approval. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The item was placed on the consent agenda for approval. By a vote of 11 for, 0 against, and 0 absent, the consent agenda was approved. March 11, 2021 ITEM NO.: 9.1 FILE NO.: Z-3371-FFF NAME: Rezoning from C-2 and PCD to C-4 LOCATION: East side of Barrow Road (4000 Block), west of Interstate 430, south of Brodie Creek DEVELOPER: CBBRDU B, LLC/CGBRDI Holdings P. O. Box 3546 Little Rock, AR 72203 OWNER/AUTHORIZED AGENT: CBBRDI BC, LLC/CGBRDI Holdings – Owner Brian Dale/Joe White and Associates, Inc. - Agent SURVEYOR/ENGINEER: Joe White and Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 AREA: 52.9 acres NUMBER OF LOTS: 4 tracts FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 11 CENSUS TRACT: 24.05 CURRENT ZONING: C-2 and PCD VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 52.9 acre property from "C-2" Shopping Center District and "PCD" Planned Commercial District to "C-4" Open Space District. The rezoning is proposed to allow future commercial development of the site. March 11, 2021 ITEM NO.: 9.1 (Cont.) FILE NO.: Z-3371-FFF 2 B. EXISTING CONDITIONS: The overall property is currently undeveloped, with portions of the property being tree covered. Site work has previously taken place on portions of the property in preparation for future site development. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Those portions of Parcel B located within the floodway should be rezoned Open Space (OS). Some of Parcel B near 36th Street appears to be zoned MF-12. 3. Is a renewal of the previously approved advance grading variance, which has expired, being requested with the rezoning application? E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. March 11, 2021 ITEM NO.: 9.1 (Cont.) FILE NO.: Z-3371-FFF 3 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. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. 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 March 11, 2021 ITEM NO.: 9.1 (Cont.) FILE NO.: Z-3371-FFF 4 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. 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. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the I-430 Planning District. The Land Use Plan shows Mixed Office and Commercial (MOC) for the requested area. The Mixed Office and Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The application is to change the property from PCD (Planned Commercial Development) District and C-2 (Shopping Center District) to C-4 (Open Display Commercial District) to allow for the future development of commercial uses. There is an accompanying Land Use Plan amendment for this site to change the classification to Commercial (C). March 11, 2021 ITEM NO.: 9.1 (Cont.) FILE NO.: Z-3371-FFF 5 The Land Use Plan shows Park/Open Space (PK/OS) then Mixed Office and Commercial (MOC) to the north. Commercial (C) use is shown on the Plan to the south. To the west across Bowman Road is Residential Low Density (RL) to the northwest and Residential High Density to the southwest. Across Interstate 430, to the east, is Suburban Office (SO). The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. This area is the floodplain/floodway of Brodie Creek. The Mixed Office and Commercial (MOC) category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. This area is a mix single-family houses with a few small commercial uses. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The Commercial area consists of a couple auto dealerships, a fast-food business and nursing school as well as some vacant tracts. The Residential Low Density (RL) 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. There is an existing horse ranch with a home on this land. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. This land currently is occupied by a mobile home park. The Suburban Office (SO) category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. This land is vacant and wooded. Master Street Plan: To the west is Bowman Road and it is shown as a Minor Arterial on the Master Street Plan. To the east is Interstate 430 and it is shown as a Freeway on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road since it is a Minor Arterial. Freeways are intended to serve through long distance trips, they are always designed as full access control roads (no direct access). This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Bowman Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. March 11, 2021 ITEM NO.: 9.1 (Cont.) FILE NO.: Z-3371-FFF 6 H. ANALYSIS: CBBRDI BC, LLC/CGBRDI Holdings, owner of the 52.9 acres of property located along the east side of Bowman Road (4000 Block), west of Interstate 430 and south of Brodie Creek, is requesting that the property be rezoned from "C-2" Shopping Center District and "PCD" Planned Commercial District to "C-4" Open Display District. The rezoning is proposed to allow for a future multi-lot commercial development. The property is currently undeveloped, with portions of the overall property being tree covered. Some site work was previously done on portions of the property in preparation for future development. The PCD zoned portion, which represents approximately one-half of the overall site, was previously approved for a mixed shopping center, office and warehouse development. The subject property is located in an area containing a mixture of zoning and uses. Several auto dealerships, a drive-in restaurant, movie theatre and a large office development are located to the south on properties zoned C-2, C-3 and C-4. Floodway (zoned OS), undeveloped MF-12 zoned property, single family residences and a large church development (POD) are located to the north. A multifamily development, a large ranch, mobile home park and office/warehouse development are located on properties zoned R-2, PD-R and POD to the west and southwest. Undeveloped O-2 zoned property is located across I-430 to the east. The City’s Future Land Use Plan designates this property as "MOC" Mixed Office and Commercial. The requested C-4 zoning will require an amendment to the land use plan, from MOC to "C" Commercial. The plan amendment is a separate application on this agenda. Staff is supportive of the requested C-4 zoning. Staff views the request as reasonable. The property is adjacent to two (2) auto dealerships and a drive-in restaurant, which are C-4 permitted uses. Other auto dealerships are located further south, at the southwest corner of I-430 and Colonel Glenn Road. The existing creek and wide floodway area separate this property from the more restrictive zoned property to the north. Staff believes that C-4 zoning for this property located along I-430 will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. March 11, 2021 ITEM NO.: 9.1 (Cont.) FILE NO.: Z-3371-FFF 7 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 10 FILE NO.: Z-3286-B NAME: Hines Homes, LLC – Conditional Use Permit (CUP) LOCATION: 13525 West Markham Street DEVELOPER: King of Kings Lutheran Church 13525 West Markham Little Rock, AR 72211 OWNER/AUTHORIZED AGENT: Holloway Engineering J. Eric Holloway 200 Casey Drive Maumelle, AR 72113 SURVEYOR/ENGINEER: Holloway Engineering J. Eric Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 3.06 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 18 CENSUS TRACT: 42.18 CURRENT ZONING: O-3 (General Office District) VARIANCE/WAIVERS: 1. Variance from the maximum driveway width requirement of Section 31-210. 2. Variance from the additional right-of-way dedication requirement for Shadow Lake Drive. BACKGROUND: The property was previously occupied by a church development containing two (2) buildings and is now vacant. The larger of the two buildings is located near the center of March 11, 2021 ITEM NO.: 10 (Cont.) FILE NO.: Z-3286-B 2 the overall property. A smaller building is located near the southwest corner of the site. A driveway near the northwest corner of the property serves as access to the site. A paved parking area is located on the south side of the larger structure. On July 16, 2020, the Planning Commission approved the request to rezone the property from MF-18 (Multi-family-18) to O-3 (General Office District). A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow a three (3) building, 72 unit multifamily development on 3.06 acres of property. The property is located at the southwest corner of West Markham Street and Shadow Lake Drive. B. EXISTING CONDITIONS: The property is zoned O-3 and contains a church development consisting of two (2) buildings and parking. A driveway near the northwest corner of the property serves as access to the site. A paved parking area is located on the south side of the larger structure. The adjacent properties to the west and the north are currently zoned O-3 and R-2. The adjacent properties to the south and east are currently zoned MF-18. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with The City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Was the unnamed right-of-way along the west property line previously abandoned? If not, this application should include the abandonment of the existing west right-of-way. 2. Due to the proposed use of the property, the Master Street Plan specifies that Shadow Lake Drive or the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. Specifically, the sidewalk adjacent to Markham Street should be extended to the existing sidewalk to the west. 4. A 20 feet radial dedication of right-of-way is required at the intersection of W. Markham Street and Shadow Lake Drive. March 11, 2021 ITEM NO.: 10 (Cont.) FILE NO.: Z-3286-B 3 5. Sidewalks with appropriate handicap ramps are required to be constructed adjacent to Shadow Lake Drive in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 6. 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. 7. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 8. 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 developer and/or land owner. 9. 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. 10. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 11. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 12. The owner and/or manager of each multi-family residence of 100 or more dwelling units shall provide recycling and encourage participation by the tenants, renters, or owners of each unit. Contact Melinda Glasgow at 371-4646 for more information. 13. Prior to construction of retaining walls, 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. 14. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 40 feet. A variance must be requested for the driveway width. Provide justification for width. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. March 11, 2021 ITEM NO.: 10 (Cont.) FILE NO.: Z-3286-B 4 CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: No comments received. ANALYSIS: The applicant is requesting a conditional use permit to allow for the re-development of the property as a multifamily residential complex. The proposed development will contain three (3) three-story buildings, each having an approximate 9,988 square foot building area. The proposed development will contain 72 residential units, approximately 24 units per acre. The proposed development will contain 114 parking spaces. Section 36-502 (b) (1) c.2. of the City’s Zoning Ordinance requires a minimum of 108 parking spaces (1.5 spaces per residential unit). The proposed parking will comply with ordinance standards. The applicant is proposing to eliminate current access from West Markham Street. Proposed access to the site will be provided via a 20 foot one-way driveway from Shadow Lake Drive with a second driveway being over 40 feet in width and divided with a median. This single curb cut will have two (2) separate 20 foot wide drives for entry and exit to Shadow Lake Drive. Section 31-210 of the City’s Subdivision Ordinance allows a maximum driveway width of 26 feet for this proposed development. The applicant is requesting a variance from this ordinance standard March 11, 2021 ITEM NO.: 10 (Cont.) FILE NO.: Z-3286-B 5 to allow the wider curb cut. Staff recommends approval of the driveway to exceed 26 feet in width due to the steep contours of the site. The wider driveway will allow the driveway to be divided with an island and comply with the minimum 20 foot width Fire Code requirement. The proposed dimensions for the three (3) multi-family buildings is approximately 186.1 x 60.4 feet with an elevation of three (3) stories. Each building will contain 24 residential units. The applicant is not proposing any gating for the development and has not indicated any additional fencing beyond the existing fences on the south and west property lines. Significant grading on-site may eliminate the need for any additional parking lot screening. Section 36-281 (c) allows a maximum building height of 45 feet for developments in O-3 zoning. The proposed three (3) story buildings will comply with this standard. The proposed building setbacks from property lines also conforms with Section 36-281 of the code. The applicant notes that there will be a ground-mounted sign at the northeast corner of the site. All signage must comply with Section 36-553 of the Code. A dumpster area will be located along the west property line of the overall development. The dumpster area must be screened as per Section 36-523 (d) of the Code. All site lighting will be low level and directed away from the adjacent properties. The property contains an old 20 foot wide street right-of-way located along the west property line. The applicant proposes to abandon the right-of-way as part of the proposed development. A right-of-way abandonment application will be submitted to the Board of Directors prior to a building permit being issued. According to paragraph D (Engineering Comments), the Master Street Plan requires 30 feet of right-of-way for Shadow Lake Drive. The proposed site plan shows 25 feet of right-of-way for this street along the southern half of the property frontage. The north 120 feet of frontage has a 30 foot right-of-way. The applicant is requesting a variance from the additional five (5) foot dedication requirement along the southern frontage. The applicant notes that the additional right-of-way should not be needed, as the other properties to the south along this roadway are developed with similar right-of-way in place. Staff recommends approval of a variance from dedicating an additional 5 feet of right-of-way as required by the Master Street Plan due to the steep contours at the back of the existing curb, the developed condition of the adjacent properties, and Shadow Lake Drive was March 11, 2021 ITEM NO.: 10 (Cont.) FILE NO.: Z-3286-B 6 previously constructed to a residential street standard with curb and gutter as found in the Master Street Plan standards. Staff is supportive of the requested conditional use permit to allow a multifamily development on this O-3 zoned property. Staff views the request as reasonable. The proposed development will represent a relatively small multifamily use consisting of 72 units or 24 units per acre. The proposed development will not be out of character with this immediate area. A larger multifamily development, consisting of approximately 300 units is located east and south of the subject property. O-3 zoned property is located north and west of the property, with two (2) residential lots (part of a larger subdivision) abutting the property along the south half of the west property line. Staff believes the proposed development is consistent with the use pattern in this area along West Markham Street, and the development should have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, associated variances and right- of-way abandonment, subject to the compliance with the comments and conditions outlined in paragraph D, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 11 FILE NO.: Z-9564 NAME: House of Three Family Care Facility – Special Use Permit LOCATION: 8900 Shiloh Drive DEVELOPER: Clara Renia White 6475 Pierce Manse Loop Benton, AR 72015 OWNER/AUTHORIZED AGENT: Clara Renia White 6475 Pierce Manse Loop Benton, AR 72015 AREA: 0.24 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. STAFF UPDATE: The applicant failed to send the required notifications to surrounding property owners. Therefore, Staff recommends the application be deferred to the April 8, 2021 Planning Commission Agenda. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the April 8, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 12 FILE NO.: Z-2333-C NAME: Ellis Duplex and Accessory Building - PRD LOCATION: 900 West 15th Street DEVELOPER: Darrell Ellis 905 West 15th Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Darrell Ellis 905 West 15th Street Little Rock, AR 72202 SURVEYOR/ENGINEER: Brooks Surveying, Inc. Mr. Donald Brooks 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 47 CURRENT ZONING: O-3 (General Office District) with a Conditional Use Permit (CUP) Variance/Waivers: None requested. BACKGROUND: In July, 31 2018, an application for a Conditional Use Permit (CUP) was submitted to modify an existing duplex residence and detached studio apartment located on this O-3 zoned lot. On October 04, 2018, the Planning Commission approved the request. On June 22, 2019, an application was submitted to revise the Conditional Use Permit (CUP) to allow a building addition to the studio apartment which was previously approved March 11, 2021 ITEM NO.: 12 (Cont.) FILE NO.: Z-2333-C 2 as part of a three (3) unit residential development on this O-3 property. On August 01, 2019, the Planning Commission approved the request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to change the property from O-3 (General Office District) with a Conditional Use Permit (CUP) to a PRD (Planned Residential District) to recognize the existing uses while allowing for a lot split (i.e. one parcel with one residential unit and one parcel with a duplex structure). B. EXISTING CONDITIONS: An existing duplex sits on the northwest corner of Izard and West 15th street. To the west of the duplex lies an existing studio apartment. A small addition was recently made to the studio apartment structure, as previously approved through the conditional use permit. Access to the existing duplex is provided via a driveway off of West 15th Street. North of the site contains a mixture of office and commercial uses and zoning. To the east lies a mixture R-4 (Two-family) and commercial uses and zoning. To the south and west of the site lies additional R-4, R-6 and C-3 zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with The City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of 15th Street and Izard Street. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Separate sewer services required for Existing Duplex and Studio Apartment building, with a sewer easement across Lot 7AR, if property is subdivided. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. March 11, 2021 ITEM NO.: 12 (Cont.) FILE NO.: Z-2333-C 3 Central Arkansas Water: No comments received. Fire Department: One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. 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. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. March 11, 2021 ITEM NO.: 12 (Cont.) FILE NO.: Z-2333-C 4 Planning Division: The request is in the Central City District. The Land Use Plan shows Mixed Use (MX) for the requested area. The Mixed Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The application is to change the property from O-3 (General Office District) with a Conditional Use Permit to PRD (Planned Residential Development) District to recognize the existing uses while allowing for a lot split (i.e. one parcel with one residential unit and one parcel with two residential uses). Surrounding the application area, the Land Use Plan shows Mixed Use (MX) to the west, north and south (across 15th Street). Residential High Density (RH) is east (across Izard Street) and south beyond this is more Mixed Use (MX). Residential Low Density (RL) is shown to the southeast catty-corner to the application area. The Mixed Use (MX) category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. In this area to the north and west of the application are single-family houses and one business. The Mixed Use to the south, across 15th Street, is currently vacant. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The area across Izard is a vacant lot and a single-family house. The RH land across 15th Street is vacant. Residential Low Density (RL) 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. This land is a mix of single-family houses, a duplex, four-plex and vacant tracts. Master Street Plan: To the south is 15th Street and to the east is Izard Street, both streets are Local Streets on the Master Street Plan. The primary function of Local Streets 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”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. ANALYSIS: The O-3 zoned property located at 900 West 15th Street is occupied by a duplex residential structure and a detached structure containing a studio apartment. The office zoning was established under the Dunbar Urban Renewal zoning plan March 11, 2021 ITEM NO.: 12 (Cont.) FILE NO.: Z-2333-C 5 (E-1). Multi-family was an allowable use in the E-1 District. Under the current ordinance, O-3 allows multi-family residences (duplex) as a conditional use as per the R-5 district. The applicant is now requesting to change the property from O-3 (General Office District) with a Conditional Use Permit (CUP) to a PRD (Planned Residential Development) District to recognize the existing uses while allowing for a lot split (i.e. one parcel with one residential unit and one parcel with a duplex structure): 1. Lot 7AR is 2,659 square feet in area. The existing 26.8 x 31.7 foot studio apartment will be 12.3 feet from the new proposed property line. 2. Lot 7BR is approximately 4,715 square feet in area. The existing duplex residence will have a setback of approximately 4.5 feet (to carport portion) from the new proposed property line. The typical parking requirement for a duplex is three (3) off-street parking spaces. Currently, the one-story duplex has an existing carport and driveway for parking located on the property, with access from West 15th Street. The studio apartment requires one (1) off-street parking space. On-street parking is allowed on both sides of most of the streets in this area including West 15th Street and S. Izard Street. Historically, the residents of this property have used on-street parking as well as on-site parking, as have other residential properties in this general area. Staff believes that parking is sufficient for the continued use of the duplex and studio apartment. To staff’s knowledge, there are no outstanding issues. Staff is supportive of the requested PRD zoning. The property has existed in its current configuration for many years. The current and proposed continued use of the property was previously approved through the conditional use permit process. The requested PRD zoning is to simply allow the property to be split into two (2) small residential lots. The proposed lot split will not adversely affect the surrounding areas. The use is compatible with uses and zoning in the area, and should have no adverse impact on the surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD zoning subject to compliance with the comments and conditions outlined in paragraphs D and E and the staff analysis, in the agenda staff report. March 11, 2021 ITEM NO.: 12 (Cont.) FILE NO.: Z-2333-C 6 PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 13 FILE NO.: Z-9565 NAME: Woodall Short-Term Rental – PCD LOCATION: 1805 East 3rd Street DEVELOPER: Welcome Home Enterprises, Inc. 14996 West Polk Road Alexander, AR 72002 OWNER/AUTHORIZED AGENT: Douglas Woodall – Owner 14996 West Polk Road Alexander, AR 72002 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.06 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 6 CENSUS TRACT: 2 CURRENT ZONING: R-4 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.06 acre property [one (1) lot] located at 1803 East 3rd Street from R-4 to PCD to allow for the construction of a two-story residential structure to be used as a short-term rental. March 11, 2021 ITEM NO.: 13 (Cont.) FILE NO.: Z-9565 2 B. EXISTING CONDITIONS: The property is located on the south side of East 3rd Street, just east of Bender Street. The subject lot is currently undeveloped and mostly grass covered. There are a few small trees along the side property lines. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of public hearing. D. ENGINEERING COMMENTS: 1. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right- of-way prior to occupancy. 2. Per CLR code 30-43, maximum residential driveway width is 20 feet, this dimension is measured at the neck of the apron. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer available at this site. Entergy: No comments. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. March 11, 2021 ITEM NO.: 13 (Cont.) FILE NO.: Z-9565 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the East Little Rock Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The application is to change the property from R-4 (Two-Family Residential) District to PCD (Planned Commercial Development) District to allow a single-family residential structure to be built for the sole use as a short-term rental. Surrounding the application area, the Land Use Plan shows Residential Medium Density (RM) in all directions. The Residential Medium Density (RM) category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The area is an older single-family platted neighborhood which has become dominated by vacant lots. There are two churches on the same block as this application. Master Street Plan: To the north is 3rd Street, it is a Local Street on the Master Street Plan. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to rezone the 0.06 acre property located at 1805 East 3rd Street from “R-4” Two-Family District to “PCD” Planned Commercial District. The property is comprised of one (1) legal lot of record, being 28 feet wide and 76 feet deep; Lot 2, Block 4, Garland Addition. The applicant proposes to construct a two-story, 925 square foot residential- type structure on the lot to be used as a short-term rental. The proposed structure will be located 28 feet back from the front (north) property line, 7 feet from the rear (south) property line and three (3) feet from the east and west side property lines. The structure will be a modern-type structure with an March 11, 2021 ITEM NO.: 13 (Cont.) FILE NO.: Z-9565 4 abundance of glass and wood or aluminum siding, possibly a small amount of brick. The site will have a 12’ x 20’ in-ground swimming pool and a 4’ x 8’ pump house. The proposed structure will have one (1) bedroom and one (1) full size bathroom and one (1) half-bathroom. The height of the structure will not exceed 35 feet, which is the typical height allowance in R-4 zoning. The maximum length of stay will be 30 days. There will be no signage located on the property. The applicant proposes an 18’ x 20’ parking pad for two (2) on-site parking spaces located at the street. Also, on-street parking is allowed along East 3rd Street, as well as the surrounding areas. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues associated with this application. The applicant is requesting no variances with the proposed PCD rezoning. Staff is supportive of the requested PCD rezoning to allow the construction of a residential-type structure to be used as short-term rental. Staff views the request as reasonable. There has been an increasing interest in developing lots within this area, with the current marina and yacht club development which is taking place along the Arkansas River to the north and northeast. Staff support of this application is based on the PCD zoning for the short-term rental use being conditioned upon the ownership of the property by Welcome Home Enterprises. If this property is sold, the PCD zoning will become null and void, with the property automatically reverting to its original R-4 zoning. As such, the property/structure will be able to be used as a single-family residence if the property is sold. Staff will also recommend that single-family residential be a permitted use for the PCD zoning. Therefore, if the current owner retains ownership of the property and decides to cease the short-term rental use, the structure can be occupied as a single-family residence. Staff believes the proposed PCD zoning will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD zoning, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraph D and the staff analysis, in the agenda staff report. 2. The PCD zoning will be conditioned upon the ownership of the property by Welcome Home Enterprises, Inc. If Welcome Home Enterprises, Inc. ever sells March 11, 2021 ITEM NO.: 13 (Cont.) FILE NO.: Z-9565 5 the property, the PCD zoning will become null and void, with the property reverting back to its original R-4 zoning. 3. Single family residential will be a permitted alternate use for the PCD zoning. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 14 FILE NO.: Z-9566 NAME: Hat Properties, LLC – PRD LOCATION: 300 South Valentine Street DEVELOPER: Brian Teeter 315 Crystal Court Little Rock, AR 72205 OWNER/AUTHORIZED AGENT: Hat Properties – Owner 315 Crystal Court Little Rock, AR 72205 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.06 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 9 CENSUS TRACT: 48 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to update the zoning classification of the property to reflect the historical use of the property. March 11, 2021 ITEM NO.: 14 (Cont.) FILE NO.: Z-9566 2 B. EXISTING CONDITIONS: The property is located at the southwest corner of S. Valentine Street and West 3rd Street. The subject property contains of a four-plex apartment building which has existed on the property for over 40 years. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of public hearing. D. ENGINEERING COMMENTS: 1. A 20-feet radial dedication of right-of-way is required at the intersection of 3rd Street and Valentine Street. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer available at this site. Entergy: No comments. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. March 11, 2021 ITEM NO.: 14 (Cont.) FILE NO.: Z-9566 3 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the I-630 Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) 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 remains less than 6 units per acre. The application is to change R-3 (Single Family District) to PRD (Planned Residential Development) District to recognize the existing four-unit use of this property. The Land Use Plan shows Residential Low Density (RL) in all directions from the site. The Residential Low Density (RL) 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 remains less than 6 units per acre. An existing single-family subdivision is in this area with homes on the lots. Master Street Plan: To the north is 3rd Street and to the east is Valentine Street, both are Local Streets on the Master Street Plan. The primary function of Local Streets 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”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to update the current zoning classification of property located at 300 South Valentine Street from “R-3” Single-Family Residential to “PRD” Planned Residential District. The existing two-story structure located on the property is comprised of a one (1) two- bedroom apartment and three (3) one-bedroom apartments. There are four (4) separate, exterior entrances with long established addresses located above each door. According to the applicant, “the property is currently being used as a four-plex and appears to have been operating as a four-plex for more than 40 years.” March 11, 2021 ITEM NO.: 14 (Cont.) FILE NO.: Z-9566 4 The City classifies the existing four-plex use of the property as nonconforming, based on the fact that the current use has existed for over 40 years. According to Section 36-152 (c) of the City’s Zoning Ordinance…"Any rezoning of a property occupied by a nonconforming use shall be accomplished only through a planned development process." Therefore, the applicant is simply requesting the PRD zoning to recognize the historic use of the property. The typical parking requirement for a four-plex property is six (6) off-street parking spaces. Currently, there is a one-story, two-car garage at the northwest corner of the property. There is also a parking pad for two (2) vehicles located in front of the garage. On-street parking is allowed on both sides of most of the streets in this area including South Valentine and 3rd Streets. Historically, the residents of this property have used on-street parking as well as on-site parking. Other residential properties in this general area also utilize on-street parking. Staff believes that parking is sufficient for the continued use of the four-plex. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues associated with this application. The applicant is requesting no variances with the proposed PRD rezoning. Staff is supportive of the requested PRD rezoning to allow the continued use of the subject property as multi-family residential, containing one (1) four-plex structure. Staff believes the proposed PRD zoning and continued use of the property will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD zoning, subject to compliance with the comments and conditions outlined in paragraph D, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. March 11, 2021 ITEM NO.: 15 FILE NO.: Z-9567 NAME: CALS & LRWRA Solar Development – PID LOCATION: 6700 Fourche Dam Pike DEVELOPER: Entegrity Energy Partners 1403 East 6th Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: ISGRIG W B 1421 N. University Drive, Suite N125 Little Rock, AR 72207 SURVEYOR/ENGINEER: Pollution Management, Inc. 3512 S. Shackleford Road Little Rock, AR 72202 AREA: 73 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 25 CENSUS TRACT: 40.07 CURRENT ZONING: R-2, Single-Family Residential VARIANCE/WAIVERS: None requested. BACKGROUND: The property consists of 73 acres of land that is bordered on the north by the Arkansas River, on the east by a natural gas pipeline, on the west by property owned by the City of Little Rock, and on the south by Fourche Dam Pike Road. Since Fourche Creek was channelized in the 1980’s, the northern portion of the site has been used by a barge services company. March 11, 2021 ITEM NO.: 15 (Cont.) FILE NO.: Z-9567 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to development a large portion of the site for a solar development with the northern portion of the property to continue its use as a barge service company. According to the applicant, the developer plans “to construct solar arrays for the Little Rock Water Reclamation Authority and the Central Arkansas Library Systems on the site.” There will be additional projects on the site in future phases, though the total solar development will not exceed the number of solar arrays shown on the site plan. B. EXISTING CONDITIONS: The entire parcel is zoned R-2 with a residential neighborhood to the south. The north portion of the property is occupied by a barge services company. Other surrounding uses in the area include industrial, commercial, and agricultural uses. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of public hearing. D. ENGINEERING COMMENTS: 1. Fourche Dam Pike is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. 3. 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. 4. 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 developer and/or landowner. 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. A special Grading Permit for Flood Hazard Areas will be required per Sec. 13-55 prior to construction. March 11, 2021 ITEM NO.: 15 (Cont.) FILE NO.: Z-9567 3 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide drainage and access easement is required adjacent to the floodway boundary. 8. Are fence and gates proposed to be installed? Show locations on plan. The gates should be located at least 80 ft. from the edge of the street. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No Comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No Comments. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Port District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) 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, March 11, 2021 ITEM NO.: 15 (Cont.) FILE NO.: Z-9567 4 provided that the density remain less than 6 units per acre. The application is to change R-2 (Single Family District) to PID (Planned Residential Development) District to allow the development of a solar energy facility on the site. The Land Use Plan shows Residential Low Density (RL) in all directions from the site. There is some Park/Open Space shown both to the east and west of the site. The Residential Low Density (RL) 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. There are large tract single-family houses in this area with a single-family subdivision to the southeast of the application area. There is also a business to the southeast of the site zoned R-2 Single Family. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The area to the west is the floodplain/floodway of Fourche Creek. The PK/OS area to the east is an area zoned Park (PR) along the Arkansas River. Master Street Plan: To the south is Fourche Dam Pike, and it us shown as a Collector on the Master Street Plan. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. This street may require dedication of right- of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown on Fourche Dam Pike. Bike Routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. H. ANALYSIS: The applicant proposes to rezone the 73 acre-property located at 6700 Fourche Dam Pike from “R-2” Single-Family District to “PID” Planned Industrial District. The rezoning is proposed to allow a solar development with two (2) project initiatives in the first phase. One project will serve the Central Arkansas Library System (CALS) and is proposed to save about $1.2 million dollars on electrical cost over the life the project. The second project will serve the Little Rock Water Reclamation Authority (LRWRA) and is proposed to save about $2.2 million dollars on electrical cost over the life of the project. The applicant proposes that the solar projects for CALS and LRWRA will occupy most of the cleared land on the site. The north portion of the property will continue to be occupied by the barge services business. The remaining portions of the property will be preserved for future solar clients. The proposed site plan submitted for review shows the total possible occupancy for the solar development. March 11, 2021 ITEM NO.: 15 (Cont.) FILE NO.: Z-9567 5 The solar development will be secured by a security fence with a maximum height of six (6) feet. The fence will be topped with barb wire for added security. Access to property will be controlled with a gate. Signage for the property will be located on the fence facing Fourche Dam Pike and will comply with Section 36-554 of the City’s Zoning Ordinance. The applicant notes that there will be no site lighting, additional equipment, or buildings on the site. The applicant also noted that the solar panels will not generate any noise. The applicant provided responses and additional information to all issues raised during the staff’s review of the application. To the staff’s knowledge, there are no outstanding issues. The applicant is requesting no variances with the proposed PID rezoning. Staff is supportive of the requested PID rezoning to allow use of the property as a solar array development and the continued use of the barge services business. Staff views the request as reasonable. The property is located within an area of mixed uses and zoning. Although the proposed development will be located close to several single family residences, the proposed solar development will be a very passive use, generating very little traffic and no noise or light pollution. The proposed industrial zoning will be compatible with the area and should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PID zoning, subject to compliance with the comments and conditions outlined in paragraph D, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support and two (2) persons registered in opposition. Staff presented the applicant’s petition to the Commission for a Waiver of Bylaws per Article V. (E)(13) of the Bylaws of Little Rock Planning Commission for the Public Notice Sign Posting, Article IV. (4)(b)(7), which requires signs to be posted on the site at least thirty (30) days prior to the meeting date. Staff explained that the applicant obtained the sign and posted it on Monday, March 8, 2021. Therefore, Staff did not support the Bylaw Waiver. March 11, 2021 ITEM NO.: 15 (Cont.) FILE NO.: Z-9567 6 Sam Selig, P.E., Entegrity Partners, addressed the Commission in support of the bylaw waiver petition. He stated that he and his staff failed to pick up the sign from the Planning and Development office. The Commission questioned why the sign was not posted. Mr. Selig stated that he and the staff forgot to pick up the sign. Shawn Overton, City Attorney, expressed his concern regarding the importance of the adherence and consistency in the due process of legal and required notifications to all property owners within two hundred (200) feet of any proposal. There was a motion to approve the Waiver of Bylaws as petitioned by the applicant. The motion was seconded. The vote was 0 ayes, 11 nays, and 0 absent. The petition was denied. There was another motion to defer the item to the April 8, 2021 agenda. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. March 11, 2021 ITEM NO.: 16 FILE NO.: LA-0091-A NAME: 14524 Cantrell Rd Revised Advance Grading Variance LOCATION: North of 14524, 14710, & 14800 Cantrell Road APPLICANT: Holloway Engineering, Surveying & Civil Design, PLLC APPLICANT’S REPRESENTATIVE: Holloway Engineering, Surveying & Civil Design, PLLC AREA: Approximately 10.62 acres CURRENT ZONING: PCD VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 10.62 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling an approximately 10.62-acre property located north of 14524, 14710, and 14800 Cantrell Road. The property is bordered by Ison Creek on the east and north. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be hauled to this site from the approved advanced graded property at 15122 Cantrell Road. The filled area will slope to the natural grade at a slope not to exceed 2:1. This application is different from the previous Planning Commission denied application on January 14, 2021. The applicant now proposes to clear and fill the portion of the property located outside of the 100-year floodplain identified on the plan and proposed to not disturb the area located within the 100-year floodplain and existing utility easements. B. EXISTING CONDITIONS: The 10.62-acre property zoned PCD and R2 is undeveloped and partially tree covered. The property is accessed from Cantrell Road on the south. Additional driveway access is potentially available at time of development from an access easement located north of the Cantrell Road and Taylor Loop Road intersection. East and North of the subject property is Ison Creek, a tributary of the Little Maumelle River, which has a mapped 100-year floodplain and floodway. East and north of the Ison Creek are single family residential homes on R2 zoned property and Pinnacle Valley Road. West of the subject property is the Village at Ison Creek residential subdivision with backyards that are adjacent to the subject March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: 16 (Cont.) FILE NO.: LA-0091-A 2 property and zoned R2. South of the subject property are two commercial strip centers, Pinnacle Station zoned PCD and 14710 Cantrell Road, Springhart Addition zoned C3. In addition to the south is Buffalo Wild Wings at 14800 Cantrell Road zoned PCD. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has received no inquiries into the application from the public. D. ENGINEERING COMMENTS: 1. Revise the application to show the property owner as the applicant or provide a completed affidavit giving the Holloway Engineering, Surveying & Civil Design, PLLC the right to represent and act on behalf of the property owner. 2. 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. 3. Per Sec. 29-197(b), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 4. Per Sec. 29-197(k), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 5. Per Sec. 29-197(l), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 6. Per Sec. 29-197(l), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 7. Per Sec. 29-197(m), maintenance for the 2-year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 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. 8. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: 16 (Cont.) FILE NO.: LA-0091-A 3 9. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 10. How much file is proposed to be hauled to this site? 11. Due to the utilities that cross this property, approval of the grading and drainage plan by Public Works Department, Central Arkansas Water, and Little Rock Water Reclamation Authority is required prior to issuance of a grading permit. 12. Stormwater drainage from the properties to the south should not be obstructed or restricted to cause ponding during rain events. E. ANALYSIS: The applicant responded to the comments found in paragraph D. The applicant proposes to fill the partial tree covered 10.62 acres. Portions of the property are within the 100-year floodplain with floodway located along Ison Creek. Access is proposed from a gravel vehicle tracking pad from Cantrell Road through the private access easement on the west side of Buffalo Wild Wings to access the signalize intersection. Fill will be hauled to the subject property from the advanced graded property at 15122 Cantrell Road. Fill is proposed to be placed on 1.5 acres of the 10.62 acre property outside of the regulatory 100 year floodplain. 50 ft. undisturbed buffers are proposed to be maintained along the west and south sides of the filled area except for the entrance road. The floodplain located to the north will remain undisturbed. The site plan shows approximately 286 ft. will remain undisturbed along the north from the filled area to the nearest lot line on the north side of Ison creek. The applicant proposes to stockpile up to 25,000 cubic yards of fill material on the property to an elevation of approximately 30 ft. above the existing contours. The top of fill will be about 4 ft. above the entrance road located on the west side of Buffalo Wild Wings. The fill is proposed to be sloped at 2:1 or flatter with protective fencing installed around the filled area prior to commencement of filling activities to prevent entry into the undisturbed portion of the property. The applicant has agreed that grading will occur expeditiously, and the fill activities will be complete, and the subject property stabilized within 1 year of the issuance of the grading permit. The applicant will be required to submit an erosion control plan showing silt fence and other erosion controls prior to issuance of a grading permit. No fill is proposed to be placed on the existing wastewater sewer easement and on the existing water easement. March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: 16 (Cont.) FILE NO.: LA-0091-A 4 Maintenance of erosion controls and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of topsoil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can be removed. F. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to comments in paragraph D, the variance request is subject to compliance with the following conditions: 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. 2. No filling is permitted within the regulatory 100 year floodplain and within utility easements. 3. Protective fencing will be installed along all undisturbed buffers and floodplain to prevent entry prior to commencement of clearing and filling activities. 4. Erosion and sediment controls are required to be installed and maintained prior to commencement of the clearing and filling activities. 5. All trees within the area to be filled will be removed prior to commencing filling activities. 6. Stormwater drainage from the properties to the south should not be obstructed or restricted to cause ponding during rain events. G. PLANNING COMMISSION ACTION: (March 11, 2021) Mike Hood, Public Works, Civil Engineering Manager, gave a presentation of the history and purpose of the Land Alteration Regulations. The item was introduced by Ilona Rossato of Public Works, Civil Engineer. John Rees spoke as the applicant. Mr. Rees stated he has owned the property for about 10 years. He stated for the property to develop, it must be filled. Fill will be hauled from the property located at the northeast corner of Cantrell Rd and Rummel Road. The applicant is asking to fill only 15% of the property compared the filling nearly the entire property the last time the application was heard. He stated the property is out of site and does not front Hwy 10. Jeff Hankins of 21 Waterside Drive which is located adjacent to the subject property spoke in opposition to the application. He stated the applicant does not have a clear development plan. He does not want to view cleared property from March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: 16 (Cont.) FILE NO.: LA-0091-A 5 his back door. The clearing will negatively impact his property and his neighbor’s property. Enos Jones who lives adjacent to the property at 5522 Pinnacle Valley Road spoke in opposition and stated Mr. Rees’ lack of maintenance on his property has caused damaged to his property. The following people were virtual and in opposition yielded their time to Keith Wingfield: Derek Burns, Alison Courtney, Ben Davis, Joseph Eke, and Richard Stoker, and others. Keith Wingfield, the developer of the Village at Ison Creek subdivision spoke in opposition of the application. Mr. Wingfield stated fill began being delivered to the site about 10 years ago and placed in the floodway. He is concerned about the safety of bicyclist and the item should be denied because Mr. Rees has no plan of development of the property. In response to the opposition, Mr. Rees said others have been dumping concrete and debris on the property for several years without his approval. He stated 50 ft. wide undisturbed buffers will be maintained along the south and west property lines. Jess Griffin of Holloway Engineering representing the application stated no fill will be placed in the floodway and no fill will be placed within the utility easements. The Commission proposed several questions to clarify Code requirements to Mike Hood and Vince Floriani, Design Review Engineer. The first question targeted if there is an expiration date on an advance grading application. Mike Hood clarified by stating per City code the grading permit is good for one (1) year and then no other land alteration activities can continue, and the site must be stabilized. Also, the Commission asked if the proposed 50-feet buffer is part of the grading permit application. Mr. Floriani clarified that it is, the 50-feet buffers are proposed on the west and south sides of the filled area. He ensured the proposed fill area is much smaller compared to the previous application and outside of the floodplain areas. He also added by City code an applicant has two (2) years to pull a grading permit on an approved advanced grading variance application before having to return to the Planning Commission with a renewal request. The applicant is also required to establish vegetation on the site and provide adequate drainage. The applicant is not required to restore the site to original condition after grading activities conclude. March 11, 2021 14524 Cantrell Rd Advance Grading Variance ITEM NO.: 16 (Cont.) FILE NO.: LA-0091-A 6 To address the question if the proposed grading site will interfere with the bicycle path. Mr. Floriani verified that the Master Bike Plan does not identify the site as being along the bicycle trail. It was only the generosity of Mr. Wingfield who has allowed bicyclists to cross his tract that may have led to this belief. Mr. Collins ensured the grading and drainage plan for the site will conform with the City’s Stormwater Management and Drainage Manual and its established elevations will be above the base flood elevation as determined in this area by FEMA. He also ensured Public Works will require a grading and drainage plan to be submitted for review with the application. Commissioner Hart requested clarification on the zoning of the property. Jamie Collins, Planning Department Director, addressed the current property zoning is R2 and PCD. He clarified the area zoned R2 is to separate the residential tracts from commercial areas on the south and east by a transition area. Commissioner Thomas asked if fill had already been placed on the property. Mr. Collins said yes fill had been placed on the property but not to the extent that a violation occurred, and a grading permit was not required to be issued. He also stated that a “Stop Work Order” had been issued by staff to the Contractor on Monday for hauling fill to the property. Vice Chairman Rahman made a motion to approve the variance application subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. The motion was seconded by Commissioner Betton. The vote was called, and the advance grading variance was approved by a vote of 9 ayes and 2 noes. PLANNING COMMISSION VOTE RECORD DATE 03. //. 2 I MEMBER BERRY, CRAIG BETTON, HAROLD MD BROCK, THOMAS L. BROOKS, DERICK HAMILTON, SCOTT HART, TODD HAYNES, MARLON D. RAHMAN, ROBBIN S. THOMAS, DIANA M. VICKERS, MICHAEL VOGEL, ROBBY MEMBER BERRY, CRAIG BETTON, HAROLD MD BROCK, THOMAS L. BROOKS, DERICK HAMILTON, SCOTT HART, TODD HAYNES, MARLON D. RAHMAN, ROBBIN S. THOMAS, DIANA M. VICKERS, MICHAEL VOGEL, ROBBY - A-a. ,/ V V 3.lo.•✓✓ v • v v ✓ ✓ ✓ • ✓ ✓ ✓ • ✓ • v ✓ ✓ • • (5. 1 2-. Lf. rl1 _v" _/ ,,,.,.. V -(.1,,Ull.tl' ., .P>Jlllu.-i " IJ'\I 15.16-/b. •.I v1 •✓✓ •✓ •• ✓ ✓ • ✓ v' • A ✓ • ..I ✓ • ✓ ✓ • ✓ • • ✓ ✓ • ✓ ✓ ✓ AYE _•_NAVE 8._ABSENT Al3ABSTAIN g_RECUSE 5- / () \ ,, lY h.'7. q i.1 q q_J JO. ✓ ,rli V\ v .... ' J4 • /' -r\i v ii ....... uv.., \ r V "I i./ Meeting Adjourned {i;: 3 J /{. /2. l'-t. J '/" ../ ,,,.,.. PM March 11, 2021 There being no further business before the Commission, the meeting was adjourned at 6:31 p.m. Date Chairman Secretary