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HomeMy WebLinkAboutpc_08 12 2021 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD AUGUST 12, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Craig Berry Harold Betton Derick Brooks Scott D. Hamilton Todd Hart Marlon D. Haynes Robbin Rahman Diana M. Thomas Michael Vickers Robby Vogel Members Absent: Open Position City Attorney: Shawn Overton III. Approval of the Minutes of the June 24, 2021 and July 8, 2021 Meetings of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA AUGUST 12, 2021 OLD BUSINESS: Item Number: File Number: Title: A. Z-5817-K Cantrell West Retail Center – PCD 15122 Cantrell Road B. Z-9480-A Integrated Pysch Solutions – Revised POD 218 N. McKinley C. Z-9595 The Octonary – PD-R Southeast corner of East 16th Street and Barber Street NEW BUSINESS: Item Number: File Number: Title: 1. S-1896-A Ada Lane Subdivision – Revised Preliminary Plat 718 Ada Lane 2. S-1898 Crystal Valley Trails – Preliminary Plat 15404 Crystal Valley Road 3. S-1899 17815 Cantrell Road Addition – Preliminary Plat 17815 Cantrell Road 4. S-1900 Pleasant Run Subdivision – Preliminary Plat Northeast corner of Walnut Grove Road and Burlingame Road 5. Z-9600 Jackson Day Care Family Home – Special Use Permit 6824 Fairfield Drive Agenda, Page Two NEW BUSINESS: Item Number: File Number: Title: 6. Z-2200-A JPL Construction Townhomes – Conditional Use Permit West side of N. Pierce Street, between “B” and “C” Streets 7. A-340 and Z-9601 Amazon Zeuber Annexation and I-3 Heavy Industrial Zoning Along Zeuber Road, approximate 5800 – 7000 Blocks of Zeuber Road 8. Discussion Item – Multifamily Developments August 12, 2021 ITEM NO.: A FILE NO.: Z-5817-K NAME: Cantrell West Retail Center – PCD LOCATION: 15122 Cantrell Road DEVELOPER: Rees Commercial 11719 Hinson Road, Suite 130 Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Two Rahling Centre, LLC – Owner Holloway Engineering/Jess Griffin – Agent SURVEYOR/ENGINEER: Holloway Engineering, Surveying & Civil Design, PLLC 200 Casey Drive Maumelle, AR 72113 AREA: 3.803 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: R-2 and PD-O Variance/Waivers: 1. Variance to allow two (2) ground-mounted, monument type signs. 2. Variance to allow more than 30% of land use buffers to be disturbed. BACKGROUND: On July 16, 2020, the Planning Commission voted to approve a request to rezone this property from PD-O and R-2 to PCD, to allow the property to be subdivided into three (3) lots with a restaurant development on each lot. The rezoning request was denied by the Board of Directors. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant requests to rezone the property from PD-O and R-2 to PCD to allow a one (1) lot development including a 3,600 square foot restaurant building and a 20,012 square foot shopping center building. B. EXISTING CONDITIONS: The property is currently undeveloped. Some site work has taken place on the site in preparation of 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. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required (measured as a constant distance from the centerline). 2. Due to the proposed use of the property, the Master Street Plan specifies that Rummel Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required at the intersection of Rummel Road and Cantrell Road. 4. 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. 5. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Rummel Road including 5-foot sidewalks with planned development. The new back of curb should be placed 18 feet from the center of the street. Show on the plans the widening required on Rummel Road adjacent to the subject property. If width is sufficient, Rummel Road at Cantrell Road should be striped with a SB left turn lane. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. A request for comments has been submitted to ARDOT, District 6. 7. Sidewalks with appropriate handicap ramps are required to be constructed along Cantrell Road in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 3 8. Driveway locations and widths do not meet the traffic access and circulation requirements of Section 30-43 and 31-210. The property does not have the required frontage of 750 feet on Cantrell Road to provide for two (2) driveways (per the Master Street Plan). The lots must share a single driveway access centered on the property line. A variance must be requested for driveways located closer than 300 feet to other driveways and intersections and 150 feet from side property line. 9. The width of driveways must not exceed 36 feet. A variance must be requested for driveways that exceed 36-feet in width. 10. 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. To grade the entire property for construction on part of the proposed site development such as the removal of trees adjacent to Rummel Road, an Advance Grading Variance must be requested. 11. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 12. 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 the property owner's. 13. All public drainage easements must contain drainage infrastructure approved by the City of Little Rock Public Works Department. 14. 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. 15. Submit a Traffic Impact Study for the proposed project. Study should address trip generation and trip distribution for the development and also should take into account existing and projected traffic growth. 16. Provide a letter prepared by a registered engineer certifying the intersection sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. Particular consideration should be made to the Rummel Road driveway. 17. 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. 18. Retaining walls designed to exceed 15 ft in height are required to seek a variance for construction. Provide proposed wall elevations. 19. 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. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 4 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. 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 August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 5 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. 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, Fire Marshal Derek N Ingram, 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: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 6 2. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features such as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Provide screening shrubs no less than thirty (30) inches in height at installation with an average linear spacing of not less at three (3) feet within the required landscape area. 3. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the north is zoned R2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. 4. Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Preliminary Site Plan indicates parking located in the north buffer. 5. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 6. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 7. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). For developments with more than one hundred fifty (150) parking spaces the minimum size of an interior landscape area shall be three hundred (300) square feet. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 8. A landscape irrigation system shall be required as per Highway 10 site design and development standards. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 7 9. 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. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the River Mountain Planning District. The Land Use Plan shows Suburban Office (SO) for the requested area. 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. The application is to change the property from PDO (Planned Development Office) District and R-2 (Single-Family Residential District) to PCD (Planned Commercial Development) District to allow for the future development of commercial uses. The request is not consistent with the Land Use Plan. This site is in the Highway 10 Design Overlay District and subject to those regulations as well. The Land Use Plan shows Residential Low Density (RL) to the north. To the west, the Plan shows Park/Open Space (PK/OS) then Transition (T), north of Cantrell Road. To the south, across Cantrell Road is Residential Low Density (RL) and Transition (T). To the east, the Plan shows Suburban Office (SO) then Mixed Use (MX) and Commercial (C). 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 land to the north of the application area is vacant and wooded, while the RL land south of Cantrell Road is part of a developed single-family subdivision. 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 Taylor Loop Creek. Transition (T) is a Land Use Plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low- density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The uses in the Transition area north of Cantrell Road are office. South of Cantrell Road there is a private school, office and residential structure in the Transition area. 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. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 8 This area has offices as well as a drive-thru restaurant. 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. Several retail commercial uses are located in the MX area. 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 retail strip-centers and stand-alone retail businesses. Master Street Plan: To the south is Cantrell Road and it is shown as a Principal Arterial on the Master Street Plan. To the west is Rummel Road, it is a Local Street on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. 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 is a Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). H. ANALYSIS: The applicant proposes to rezone the 3.803 acre property located at 15122 Cantrell road from “PD-O” Planned District – Office and “R-2” Single Family Residential to “PCD” Planned Commercial District. The property is located at the northeast corner of Cantrell Road and Rummel Road. The rezoning is requested to allow a one (1) lot development to include a 3,600 square foot restaurant building and a 20,012 square foot shopping center structure. The proposed 3,600 square foot restaurant building will be located within the east quarter of the property. The restaurant use will include a drive-thru window on the building’s west side, with a menu board on the east side. Paved parking and internal drives will be located along all sides of the restaurant building. The proposed 20,012 square foot shopping center structure will be located within the west three-quarters of the property. Paved parking and internal access drives will also be located along all sides of the shopping center building. It appears that the applicant has designed the internal drives to accommodate a drive-thru window at the west end of the shopping center building. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 9 The applicant is requesting the following uses for the shopping center building: • C-2 permitted uses • Food store under 5,000 square feet of gross floor area, with sales of beer or wine • Private club with dining or bar service The applicant notes that the hours of operation will be as follows: Restaurant building – 6:00 a.m. to 12:00 a.m., Daily Shopping Center building – 6:30 a.m. to 11:00 p.m., Monday – Saturday – 6:00 a.m. to 9:00 p.m., Sunday “We believe the vast majority of the tenants will be opening later and closing earlier than the times stated.” “If there is an all night pharmacy or urgent care medical, they would need to stay open all night.” The applicant notes that the buildings will have maximum heights of 35 feet. The applicant also notes that the buildings’ exterior façade construction will consist of a combination of brick, stone, glass and metal. The applicant is showing a 4,015 square foot area for outdoor storage along the west property line. The site plan notes that this area will be screened. Staff does not support the use of an outdoor storage area. The proposed site plan shows two (2) driveways from Cantrell Road. Each driveway will have a width of 36 feet. The applicant proposes to have one (1) driveway from Rummel Road at the northwest corner of the site. This driveway will be a gated emergency access driveway. The gated area will include a Knox box for emergency access. The proposed site plan shows a total of 109 off-street paved parking spaces. The proposed uses would typically require 102 parking spaces. The proposed number of parking spaces should be sufficient to serve the proposed buildings. The proposed site plan shows two (2) dumpster locations for the proposed buildings. The applicant notes that the dumpster areas will be screened as per ordinance requirements. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 10 The applicant also notes that all site lighting will be low-level and will not reflect onto adjacent properties. The applicant is proposing two (2) ground-mounted, monument-type signs along the Cantrell Road frontage, one (1) at each driveway location. The signs will have maximum heights of 10 feet and maximum sign areas of 100 square feet. Sections 36-346 (f) (1) and (2) of the City’s Zoning Ordinance (Highway 10 DOD) allow one (1) ground-mounted, monument-type sign per development or building site. Therefore, the applicant is requesting a variance to allow a second ground-mounted sign. Staff supports the variance request. The applicant notes that the land use buffers along the north and east perimeters average at least 25 feet wide. Section 36-521 requires that a minimum of 70 percent of land use buffers be undisturbed. The applicant notes that more than 30 percent of the required buffers will be disturbed and is requesting a variance. Staff does not support this variance request. There are numerous parking spaces located within the rear and east side 25 foot buffer areas. Staff does not believe that the proposed buffers meet with the spirit and intent of the ordinance. The proposed site plan shows a stormwater detention paved along the Cantrell Road frontage at the southwest corner of the overall site. A detailed hydrology and hydraulic analysis which complies with all codes and manuals must be submitted prior to release of a building permit for any construction on this site. The applicant submitted a traffic study for the proposed site development. The traffic study concluded the following: “The conclusion of traffic operational findings associated with this study is that additional traffic expected to be generated by the proposed Cantrell West development can be accommodated by the existing adjacent roadway and the access drives as proposed without discernable impact on traffic flow in the vicinity. Additionally, the site is well designed with two well-spaced access drives along Cantrell Road and very good accommodation for internal vehicular circulation. Ingress, egress and internal vehicular circulation are expected to operate well with minimal to no vehicle queuing issues at the site access drives or on Cantrell Road.” The proposed site plan indicates a 10 foot wide open cut along the north property line. According to the Planning and Development Engineering Division: “The hillside vertical cut should be placed at least 10 ft. from the north property line to provide evergreen plantings and a swale to divert August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 11 stormwater per the following requirements found in CLR Code Sec. 29-190: • Terraces shall be landscaped with dense evergreen plantings sufficient to screen the cut or fill slope. The terrace may be sloped to drain up to one (1) foot in ten (10) feet of width. • Development shall be planned to fit topography, soils, geology, hydrology, and other existing site conditions. • Provisions shall be made for safety against unstable slopes or slopes subject to erosion and deterioration. The city official may require certified geotechnical analysis for sliding and global stability safety. • The potential for soil loss shall be minimized by retaining natural vegetation wherever possible. • Appropriate provisions such as those in the stormwater management and drainage manual shall be used to accommodate stormwater runoff and soil loss occasioned by changed soil and surface conditions during and after development, including the use of vegetation and limitations on soil exposure.” Staff does not support the requested PCD rezoning. Staff does not believe the request is reasonable. Staff believes the proposed development is too intense for this site. The property is designated as “SO” Suburban Office by the City’s Future Land Use Plan and is located at the intersection of Cantrell Road and Rummel Road, a local/residential street which serves only single family residences and dead-ins approximately 3,000 feet to the northern. Additionally, the property is located adjacent to R-2 zoned property to the north and across Rummel Road to the west and northwest. The property across Cantrell Road contains single family residences and a small office zoned property. Staff believes that a less intense commercial or office use will be most appropriate for this property. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PCD rezoning. August 12, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-5817-K 12 PLANNING COMMISSION ACTION: (MAY 13, 2021) Jess Griffin was present representing the application. Mr. Griffin addressed the Commission and requested the application be deferred to the June 10, 2021 agenda. Mr. Griffin explained that the developer was working with the neighborhood to resolve issues. There was a motion and second to defer the application to the June 10, 2021 agenda. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (JUNE 24, 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 June 1, 2021 requesting this application to be deferred to the August 12, 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 10 ayes, 0 nays, 0 absent and 1 open position. PLANNING COMMISSION ACTION: (AUGUST 12, 2021) Staff noted that the applicant had informed staff that he is working with neighborhood representative to resolve issues associated with the proposed PCD zoning and site plan. Therefore, staff requested that this application be deferred to the October 14, 2021 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. August 12, 2021 ITEM NO.: B FILE NO.: Z-9480-A NAME: Integrated Psych Solutions – Revised POD LOCATION: 218 N. McKinley Street DEVELOPER: Jennifer Anderson c/o Roger Architecture 300 S. spring Street, Suite 720 Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: Jennifer Anderson – Owner Jeremiah Russell – Agent SURVEYOR/ENGINEER: Cunningham Surveying, LLC 2105 Lorance Drive Little Rock, AR 72206 AREA: 0.30 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 21.04 CURRENT ZONING: POD VARIANCE/WAIVERS: None requested. BACKGROUND: On February 4, 2020 the Board of Directors passed Ordinance No. 21, 834, rezoning this property from R-2 to POD. The rezoning was approved to use the existing building as a professional therapist’s office and counseling office. The existing structure is 1,383 square feet in area and one (1) story in height. The approved POD zoning included the following: • Phase I – construction of new parking and driveway in the front yard area and remodel of existing structure to accommodate the office use. August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 2 • Phase II – construction of a 24 foot by 33 foot addition to the rear of the structure. • Sidewalk construction along N. McKinley was deferred until Phase II construction. Building height for the Phase II addition was not discussed with the POD approval. The property owner recently remodeling the existing building and construction of the Phase II addition. Construction of the Phase II building addition was increased from the 24 foot by 33 foot approved footprint to a 24 foot by 54 foot area. The building addition also has a height of two (2) stories. The applicant was informed by staff that the larger building addition would need to go back to the Planning Commission for approval of a Revised POD, prior to the applicant beginning construction. A stop-work order was issued to the property owner to cease construction of the building addition. The applicant was allowed to proceed with the remodeling of the existing structure and construction of the parking lot and driveway. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the previously approved POD for this property to construct a larger two-story building addition to the existing structure. B. EXISTING CONDITIONS: The existing structure on the site is in the process of being remodeled. A two-story addition to the rear of the existing structure was recently started. 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. All driveways shall be concrete aprons per City Ordinance. 2. Due to the proposed use of the property, the Master Street Plan specifies that McKinley Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Sidewalks with appropriate handicap ramps are required to be constructed adjacent McKinley St. in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 3 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway should not exceed 24 feet. Driveway spacing on commercial streets is 250 ft between driveways and 125 ft from the side property line. A driveway variance must be requested for the 2nd driveway. The current driveway is about 150 ft from the existing driveway to the south. 5. 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 received. 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. 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 August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 4 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. 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 Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. 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. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 5 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. The average depth of the lot is approximately 150 linear feet. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street rights-of-way. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 5. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 7. 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. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the West Little Rock Planning District. The Land Use Plan shows Suburban Office (SO) for the requested area. 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. The application is a revision to an existing POD (Planned Commercial Development) District to allow a larger expansion area for the office use. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) to the west and north. Suburban Office (SO) use is to the south of the site. Commercial (C) is on the Plan to the east. To the northeast the Plan August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 6 shows Mixed Use (MX). 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 area is an existing developed single- family platted neighborhood. 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. There are two professional office uses on this land. 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. This area is the Park Plaza Mall. 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. There are an office tower, apartment towner, rehab facility and office/retail building within the MX area. Master Street Plan: To the east is McKinley 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 is a Class III Bike Route shown on McKinley Street. 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 revise the previously approved POD zoning for this property in order to construct a larger two-story addition to the rear of the existing building. The building addition previously approved was a 24 foot by 33 foot addition. The previously approved addition had a rear setback of 10 feet, and side setbacks of over 15 feet. The height of the building addition was not discussed with the POD approved. However, the underlying R-2 zoning allows a maximum building height of 35 feet. The applicant is now proposing an addition to the rear of the building with an area of 24 feet by 54 feet. The proposed building addition will maintain the 10 foot rear setback as was previously approved. The proposed building addition will be set back 7 feet – 4 inches from the south side property line and 24 feet – 8 inches from the north side property line. August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 7 The applicant is proposing that the revised addition be two (2) stories in height. The proposed addition will be approximately 22 feet in height, as measured from the finished floor to mid point of the roof slope. The overall height of the addition, from finished floor to roof peak, will be 25 feet – 5 inches. The larger building footprint for the proposed addition is the only change proposed to the previously approved POD zoning for this property. All other aspects and conditions of the previous approval shall remain in full effect. Staff is supportive of the requested revised POD to allow a larger two-story building addition. Staff views the request as reasonable. As noted previously, the underlying R-2 zoning allows a building height of 35 feet, as reasonable for the finished floor to the mid point of the roof slope. Although the building addition will be located 10 feet from the rear (west) property line, staff feels that planting mid- level evergreen trees between the building addition and the rear property line will aid in buffering the building from the adjacent residences to the west. The underlying R-2 zoning requires a minimum rear setback of 25 feet. Staff will also require that there be no exterior lighting on the building addition. Staff believes the revised POD to allow a larger building addition will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested Revised POD zoning, subject to compliance with the comments and conditions outlined in paragraphs D, E and F, and the staff analysis, of the agenda staff report. Staff also recommends that mid-level evergreen trees be planted between the building addition and the rear property line and that the building addition have no exterior lighting. The number and type of evergreen trees will need to be shown on the landscape plan for the development and approved by City staff. PLANNING COMMISSION ACTION: (JULY 8, 2021) The applicant was not present. There was one (1) objector present. Staff informed the Commission that the application needed to be deferred based on the fact that the applicant was not present. There was a motion to defer the application to the August 12, 2021 Planning Commission agenda. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. The application was deferred. August 12, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9480-A 8 PLANNING COMMISSION ACTION: (AUGUST 12, 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 10 ayes, 0 nays, 0 absent and 1 open position. August 12, 2021 ITEM NO.: C FILE NO.: Z-9595 NAME: The Octonary – PD-R LOCATION: Southeast corner of E. 16th Street and Barber Street DEVELOPER: Mike Orndorff Construction, LLC 609 E. 16th Street Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Haybar Properties, LLC – Owner Mike Orndorff – Agent SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.32 acre NUMBER OF LOTS: 8 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 7 CENSUS TRACT: 46 CURRENT ZONING: R-4 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.32 acre property from “R-4” Two-Family District to “PD-R” Planned District – Residential to allow an eight (8) lot, zero (0) lot line single family residential development. B. EXISTING CONDITIONS: The site is currently undeveloped. There are a few mature trees near the center of the site. Remnants of concrete from a previous development exist at the August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 2 northwest corner of the property. A paved alley right-of-way is located along the rear (east) property line. 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. Right-of-way maybe required to be dedicated. Provide existing right-of-way widths on the survey on 16th Street and Barber Street. 2. A 20 feet radial dedication of right-of-way is required at the intersection of E. 16th Street and Barber Street. 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. Remove all curb cuts where access is not proposed with the plan. 4. Alley should be repaved the entire width of the alley right-of-way from parking area to E 16th Street. 5. Show proposed location for trash collection receptacles for each lot. 6. Label and dimension the dash lines on each side of the center property line. Provide utility and drainage easement on revised plat. 7. Is head-in parking proposed? How many parking spaces are proposed? Show alley on site plan. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 ft back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of 16th Street with Barber Street. 9. The majority of the property is proposed to be impervious with roof and a paved parking area. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 10. 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. 11. Show proposed location(s) of USPS cluster box units in conformance with USPS and City of Little Rock policy design standards. August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 3 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 Lots 5-8 of this project. Entergy: No comments received. CenterPoint Energy: No comments received. 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. 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. 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. August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 4 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 Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. A twenty-five (25) percent reduction of the landscape provisions can be taken for developments within mature areas. In these areas it is allowable for perimeter planting strips to be a minimum of six (6) feet nine (9) inches wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street rights-of-way. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 4. For parking areas with twelve or more spaces eight percent (8%) of the vehicular use area must be designated for green space; this green space needs August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 5 to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. 5. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. The City Beautiful Commission recommends preserving as many existing trees feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the I-30 Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. 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 application is to change R-4 (Two Family District) to PDR (Planned Development Residential) District to allow for the future development of 8 units on 0.32 acres for a density of 25 units/acre. The Land Use Plan shows Residential Medium Density (RM) in all directions from the site. 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 areas to the east, north and south are part of the subdivision making up the Hanger Hill neighborhood. Most of the lots in this area have single-family houses or duplexes on them. To the west is the right-of-way for the Interstate 30-Intersate 630 interchange. Master Street Plan: To the north is East 16th Street and to the west is Barber Street. Both of these roads 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 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. August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 6 Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to rezone the 0.32 acre property located at the southeast corner of East 16th Street and Barber Street from “R-4”Two-Family District to “PD- R” Planned District – Residential. The property is comprised of two (2) platted lots; Lots 11 and 12, Block 31, Masonic Addition. The rezoning is proposed in order to subdivide the lots into eight (8) lots for a zero (0) lot line single family residential development. The proposed lots will be sold individually. Four (4) of the proposed lots will be 34 feet by 50 feet in area, with the other four (4) lots having an area of 26 feet by 50 feet. Parking will be located at the east end of the lots and accessed from the existing paved alley right-of-way. There will be a 14 foot wide utility and access easement through the center of the property which will allow access from the parking to the residences. The proposed residences on Lots 1 and 5 will be 22 feet by 35 feet in area. The proposed residences will have building setbacks ranging from four (4) feet to 10 feet. The proposed residences on Lots 2, 3, 6 and 7 will be 18 feet by 35 feet in area. The proposed residences will have building setbacks ranging from zero (0) feet to 10 feet. The proposed residences on Lots 4 and 8 will have building areas of 24 feet by 35 feet. These proposed residences will have building setbacks ranging from zero (0) feet to 10 feet. The proposed residences will be one (1) and two (2) story structures. The structures will not exceed 35 feet in height, which is the typical maximum building height in single family zones. The residences will be constructed using a mixture of brick, Hardie siding, vinyl, metal and wood for the exterior façade materials. The applicant is proposing 10 parking spaces at the east end of the proposed development to serve the proposed residences. The parking spaces will be accessed from the existing paved alley right-of-way along the east property line. The applicant will need to form a property owners’ association to address maintenance of the proposed parking area. The ordinance typically requires one (1) parking space for a single family residence. One (1) or two (2) of the proposed parking spaces may have to be eliminated to provide required landscaping. Either way, staff believes there is sufficient parking to serve the proposed residences. August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 7 The applicant is proposing a mail kiosk along the East 16th Street frontage. The mailbox kiosk location must be constructed in conformance with USPS and City of Little Rock design standards and be ADA accessible. The applicant also notes that trash will be collected using standard City of Little Rock garbage collection. There is no signage proposed for this development. Any site lighting must be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff’s review of the application. The applicant is requesting no variances with the proposed PD-R zoning. To staff’s knowledge, the only outstanding issue relates to the required sight/distance at the corner of East 16th Street and Barber Street. A portion of the proposed residential structure on Lot 4 is located within the required sight triangle at this intersection. Staff believes this issue can be resolved with a smaller proposed building footprint for this lot. The applicant will need to resolve this issue by proposing a smaller building footprint to be approved by the City prior to application for a building permit. Staff is supportive of the requested PD-R zoning to allow an eight (8) lot, zero (0) lot line single family residential development. Staff views the request as reasonable. The property is located in an area predominately zoned R-4. There is a scattering of duplex and multi-unit structures throughout this area. A similar small lot single family residential development is located to the southwest across I-30. The proposed development will represent a quality in-fill type development. Staff believes the proposed increased density will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-R zoning, subject to compliance with the comments and conditions outlined in paragraphs D, E and F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 8, 2021) The applicant was not present. There were two (2) objectors present. Staff informed the Commission that the application needed to be deferred based on the fact that the applicant was not present. August 12, 2021 ITEM NO.: C (Cont.) FILE NO.: Z-9595 8 There was a motion to defer the application to the August 12, 2021 Planning Commission agenda. The motion passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (AUGUST 12, 2021) Mike Orndorff was present, representing the application. There were four (4) persons 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. Tommie Threats, Judy Smith, Royce McCuien and William Hansen Jr. addressed the Commission in opposition to the application. They expressed similar concerns regarding density – too many houses in one area, congestion and traffic. Mike Orndorff, addressed the Commission and provided response regarding registered opposition concerns. He stated he has developed forty (40) plus properties in the area for both starter and large scale homes and all have been in compliance with the Code. Commissioner Hart commented the future of the area is developing and will not remain single-family residences with the growth of the I-30 corridor. Commissioner Betton asked staff what was its recommendation was regarding several homes located in one area. Staff responded by stating the application is recommended for approval. PD-R zoning is a design with specific criteria and this application complies with PD-R zoning. Commissioner Rahman asked staff, “what the scattering of R-4 zoning” meant. Staff provided a response stating R-4 zoning is scattered throughout the general area of the proposed development. Commission Hart requested the applicant provide a diagram of the proposed development. The applicant provided an enlarged site plan to the Commission. Commissioner Brooks ask the applicant if he met with the neighborhood association regarding the proposal. The applicant replied messages were left and signs posted, however he did not get a response from the neighborhood association. Tommie Threats, Judy Smith, Royce McCuien and William Hansen Jr. addressed the Commission with additional opposition to the application. There was a motion to approve the application. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 open position. The application was approved. August 12, 2021 ITEM NO.: 1 FILE NO.: S-1896-A NAME: Ada Lane Subdivision – Revised Preliminary Plat LOCATION: 718 Ada Lane DEVELOPER: O. Layton Sparks 6640 Honeysuckle Road Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: JCR Lands and Homes for Sale, LLC – Owner O. Layton Sparks – Agent SURVEYOR/ENGINEER: Real Estate Services of Saline Co., Inc. Kerry D. Lane – Surveyor 1200 Ferguson Dr., Suite 5 Benton, AR 72015 AREA: 4.52 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 23 CENSUS TRACT: 40.06 CURRENT ZONING: Not zoned VARIANCE/WAIVERS: None requested. BACKGROUND: On April 8, 2021 the Planning Commission approved a preliminary plat for the property at 718 Ada Lane. The approval included the subdivision of 4.52 acres into four (4) for single family residential development, with no new internal street. All lots are to take access from Ada Lane. August 12, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1896-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the previously approval preliminary plat by requesting a waiver of the required street improvements to Ada Lane. B. EXISTING CONDITIONS: A one-story frame single family residence is located within the west half of the overall property. Six (6) older mobile home structures were previously located within the east half of the property. Power transmission lines run north/south through the center of the overall property. C. NEIGHBORHOOD COMMENTS: All owners of abutting property and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Dedication of right-of-way is required 25 feet from center of Ada Lane, as shown on the submittal. 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: 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. August 12, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1896-A 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. 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 Fire Marshal Derek N. Ingram 501-918- 3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: Any City required half street improvements need to be reviewed and approved by the Pulaski County Public Works Department prior to beginning construction. The applicant will need to submit a complete set of construction plans to Jim Cranor or Tony Kelley. August 12, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1896-A 4 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: On April 8, 2021 the Planning Commission approved a preliminary plat for the Ada Lane Subdivision. The approval included the subdivision of a 4.52 acres into four (4) lots. The property is located on the north side of Ada Lane , east of Dreher Road and north of Ironton Cutoff Road. The property is not zoned, as it is located outside the Little Rock city limits. The property is located within the City’s Extraterritorial Subdivision Jurisdiction. Lots 1, 3 and 4 are approved to be 0.92 acre in size, with 131 feet to 135 feet in lot width and 306 feet in lot depth. Lot 2 is approved to be 1.76 acres in area, with lot dimensions of 250 feet by 306 feet. All lots are approved for single family residential development, with all lots being final platted at the same time. All of the approved lots will have street frontage along Ada Lane. Additional right- of-way dedication is proposed for Ada Lane with this preliminary plat. The lots will have building setback lines as follows: Front – 25 feet Sides – 10 feet Rear – 15 feet An easement will be dedicated for the existing power transmission lines which run north/south through the center of the overall property. The easement will be located along both sides of the dividing side property line between Lots 2 and 3. As a condition of the previous approval, the north half of Ada Lane adjacent to the subject property is required by the Boundary Street Ordinance to be improved to the residential street standard as found in the Master Street Plan. Ada Lane currently is a paved chip seal 15 ft. wide street with open ditches. The Boundary Street Ordinance requires widening of Ada Lane approximately 5.5 ft., installing curb and gutter, drainage pipe, and a 5 ft. sidewalk. August 12, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1896-A 5 The applicant is now requesting a revision to the previously approved preliminary plat by requesting a waiver of the Boundary Street Ordinance requirements as they apply to Ada Lane. 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. With respect to the requested waiver of street improvements to Ada Lane, staff recommends approval. The property is located in a more rural type area, located between I-530 and Arch Street Pike, south of W. Dixon Road. The property is located in the City’s Extraterritorial Subdivision jurisdiction and not zoned. The property recently contained six (6) manufactured homes in addition to the existing stick-built residence. The manufactured homes existed on the site for a number of years and were recently removed. The approved plat is for four (4) single family lots. This should represent a reduction in the amount of traffic to and from this site than previously existed when the site contained seven (7) residences. Additionally, Ada Lane dead ends approximately 450 feet to the east and is accessed by only a small number of lots and carries a low volume of traffic. I. STAFF RECOMMENDATION: Staff recommends approval of the revised preliminary plat, subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. 2. A construction permit for the installation of septic systems on all lots must be obtained from the Arkansas Department of Health prior to completion of a final plat for this subdivision. PLANNING COMMISSION ACTION: (AUGUST 12, 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 10 ayes, 0 nays, 0 absent and 1 open position. August 12, 2021 ITEM NO.: 2 FILE NO.: S-1898 NAME: Crystal Valley Trails – Preliminary Plat LOCATION: 15404 Crystal Valley Road DEVELOPER: Crystal Valley Trails, LLC P.O. Box 23670 Little Rock, AR 72221 OWNER/AUTHORIZED AGENT: Birch-Brook, Inc. – Owner Joe White – Agent SURVEYOR/ENGINEER: Joe White and Associates 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 AREA: 168.9 acres NUMBER OF LOTS: 551 FT. NEW STREET: 18,200 LF WARD: N/A PLANNING DISTRICT: 17 CENSUS TRACT: 42.21 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. Variance to allow advance grading of future phases. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 168.9 acres of property into 551 lots for single family residential development. B. EXISTING CONDITIONS: The majority of the property is undeveloped and wooded, with varying degrees of slope. One (1) single family residence is located within the south portion of the August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 2 property. Overhead electronic transmission lines run north/south along the east boundary of the property. C. NEIGHBORHOOD COMMENTS: All owners of property abutting the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Crystal Valley Road is classified on the Master Street Plan as a minor arterial. Dedication of right-of- way to 45 feet from centerline will be required. 2. Due to the number of lots and length of blocks the proposed walking trails by themselves do not provide sufficient pedestrian access within the subdivision. Additional sidewalks on one side of the streets and walking trails are required to be installed in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. If you have any questions on additional locations contact engineering staff. 3. Gemstone Drive should be constructed with a street width of 36 feet. This design will allow parking at the back of curb on both sides of the street or possible bike lanes to be added in the future. 4. Is advance grading variance being requested to grade the lots with construction of infrastructure and to advance grade future phases with the issuance of a grading permit for Phase 1? 5. Storm water detention ordinance applies to this property. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or local property owners’ association and detailed in the Bill of Assurance. 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. 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. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 9. 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. 10. All public drainage easements must contain drainage infrastructure approved by the Development Staff. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 3 11. Show proposed phasing of development. 12. Traffic calming devices must be installed every 900 feet and at intersections per Master Street Plan requirements. Install raised pedestrian tables at all pedestrian trail crossings. 13. Street lights are required by Section 31-403 of the Little Rock City Code. Contact Entergy to develop a street lighting plan for the proposed development and install underground conduits per Entergy requirements. Provide plans for approval to Planning and Development. Street lights must be installed prior to final plat approval /certificate of occupancy. Contact 371-4790 for more information. 14. With site development, provide design of streets conforming to the Master Street Plan. Construct street improvements to Crystal Valley Drive to the Master Street Plan standard. Construct 5-foot sidewalks on one-side of streets. Provide accessibility from mail kiosk locations to sidewalks or walking trails. All mailbox kiosk locations should be ADA-accessible. 15. The following intersections should be designed as 4-way STOP intersections with signs installed: Magnetite Drive and Gemstone Drive, Limestone Drive and Magnetite Drive. 16. The intersection of Jasper Drive and Jade Drive shall be 3-way STOP intersections with signs installed. 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: 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. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 4 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. 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. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 5 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. 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 Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: If the Crystal Valley Trails Subdivision property is annexed into the City of Little Rock prior to commencing construction, Pulaski County will have no comments on the proposed preliminary plat. If the development plan changes, the County will need to do a full review of the subdivision. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 6 Planning Division: No comments. H. ANALYSIS: The applicant proposes to subdivide 168.9 acres of property into 551 lots and nine (9) tracts for single family residential development. The property is zoned R-2 and is located on the north side of Crystal Valley Road at Colonel Miller Road. The property is located outside the city limits and within the City’s Extraterritorial zoning and subdivision jurisdiction. The applicant proposes to annex the property prior to development. The majority of the property is undeveloped and wooded, with varying degrees of slope. One (1) single family residence is located within the south half of the property. Overhead powerlines run north/south along the east property boundary. The applicant proposes the average lot size to be 50 feet by 120 feet (6,000 square feet). The applicant proposes to develop the subdivision in seven (7) phases as follows: Phase I – Lots 400, 752-764, 800-817,852-868 and 900-925 Phase II – Lots 735-751, 818-851, 926-940, 1019 and 1100-1104 Phase III – Lots 401-430, 500-502, 533-535, 600-617, 652-669 and 700-717 Phase IV – Lots 431-452, 503-532, 618-651, 718-734, 1000-1001 and 1020-1025 Phase V – Lots 100-140 and 200-240 Phase VI – Lots 167, 453-468, 1002-1018 and 1105-1122 Phase VII – Lots 141-166, 241-254 and 300-324 Colonel Miller Road, a collector street, will extend to the north through this proposed subdivision. The overall subdivision will include approximately 18,200 linear feet of new streets. Traffic calming devices will be required on five (5) or six (6) of the north/south streets within this proposed subdivision. The applicant is currently working with Engineering Division staff to determine which traffic calming device(s) will be acceptable to all parties. Staff will attempt to have this issue resolved prior to the public hearing. The applicant proposes to construct the required street improvements to Crystal Valley Road in two (2) phases. Phase I will include approximately 1,200 linear feet of roadway and will be constructed with Phase I development. Phase II of the street improvements will include over 700 linear feet of street improvements and will be constructed with Phase V of the subdivision development. Staff supports the phased development plan. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 7 The applicant proposes to locate mail kiosks within Tracts A, E and I, with vehicular and pedestrian access to the kiosks. The mailbox kiosk locations must be constructed in conformance with USPS and City of Little Rock design standards and be ADA accessible. The applicant is requesting one (1) variance with the proposed preliminary plat. The applicant is requesting to advance grade Phase I; grade the area of the lots with grading of the infrastructure. The applicant also requests to advance grade (lots and infrastructure) one (1) phase ahead of each phase being developed (street construction, etc.). Staff supports the advance grading plan. To staff’s knowledge, the only outstanding issue related to this preliminary plat request is the decision on what traffic calming device(s) will be used in this subdivision. 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. I. STAFF RECOMMENDATION: Staff recommends approval of the proposed plat and associated advance grading variance, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. Staff also requires that the property be annexed prior to any permits being issued for site development. PLANNING COMMISSION ACTION: (AUGUST 12, 2021) Commissioner Vogel asked Staff and Mr. Overton, City Attorney, if any variances were associated with the application. Mr. Overton followed up with a number of questions to Staff to regarding height, setbacks and lot area regulations to establish whether or not this meets the “Richardson case” which established legal precedence approving preliminary plats in the event this item would move forward through the courts. Staff provided a response to the questions. City Attorney also asked Staff if storm water drainage analysis was done regarding the preliminary plat. Mr. Mike Hood, Public Works, provided a response to the City Attorney regarding storm water drainage analysis. City Attorney established this item fell under the “Richardson Case” and the Commission was bound to approving the preliminary plat and denial would be arbitrary. Mr. Overton did recommend the public be heard to exercise due process. Commissioner Vogel asked if the Commission would be liable if the preliminary plat was denied by the body. Mr. Overton provided a response to the question. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 8 Commissioner Berry asked for clarity regarding how preliminary plats were reviewed by the Commission based on the “Richardson Case” if they had issues or concerns. Mr. Overton provided a response to the question. Chairman Hamilton recognized the body is bound by the “Richardson Case” and has a legal authority to approve the preliminary plat as provided by the applicant. Chairman Hamilton moved forward to hear responses from the public. Joe White was present representing the application. There were persons registered in opposition. Staff presented the item and a recommendation for approval as outlined in the “staff recommendations” above. Mr. White addressed concerns area residents had including density and lot size and how this proposed subdivision was similar to other subdivisions within the city. Mr. White discussed preserving green space as part of the development, terrain, and traffic. Before deferring to the registered opposition, the applicant responded to questions from the Commission and Staff. Regarding the buffer Staff asked if the fifty (50) foot buffer would be an amendment to the application, will the buffer run the entire length of the development. The applicant noted that the development would have a minimum forty (40) foot buffer along the west property line. Staff stated this was the applicant’s proposal to include a forty (40) foot buffer and that there are no buffer requirement between two single-family developments. David Witte and Melody Parsley addressed the Commission in opposition to the application. They provided a presentation regarding the surrounding neighborhoods opposition regarding flooding, erosion and traffic. Richard Todd addressed the Commission in opposition to the application. He agreed with concerns mentioned in the power point presentation only adding a comment regarding the water retention pond. Donald McCollum addressed the Commission in opposition to the application expressing concerns regarding traffic. Walter Burgess (for Tom Burgess) addressed the Commission in opposition to the application. He stated he did not object to the proposal but had objection to the use, why people move outside city limits, and disparity of property values and recommended the Commission consider other available options. Dana Gonzales addressed the Commission in opposition to the application regarding flooding, storm water analysis and traffic accidents. Mike Hood, Public Works, responded stating storm water and drainage information has been made available to the public regarding the area. However, Public Works has not been involved in accident studies but did identify Crystal Valley as an arterial and road improvements moving forward to address Ms. Gonzales’ concerns regarding traffic and accidents. August 12, 2021 ITEM NO.: 2 (Cont.) FILE NO.: S-1898 9 Joe White addressed the Commission and provided a response to concerns presented by those in opposition. There was a motion to approve the application. The motion was seconded. The vote was 8 ayes, 0 nays, 1 absent, 1 recusal (Vogel) and 1 open position. The application was approved. August 12, 2021 ITEM NO.: 3 FILE NO.: S-1899 NAME: 17815 Cantrell Road Addition – Preliminary Plat LOCATION: 17815 Cantrell Road DEVELOPER: Eleanor B. Karam 2013 Charitable Trust No. 3 601 E. 3rd Street Little Rock, AR 72203 OWNER/AUTHORIZED AGENT: Eleanor B. Karam 2013 Charitable Trust No. 3 – Owner Joe White – Agent SURVEYOR/ENGINEER: Joe White and Associates, Inc. 25 Rahling Circle, Suite A2 Little Rock, AR 72223 AREA: 7.70 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.12 CURRENT ZONING: C-3 VARIANCE/WAIVERS: 1. Variance to allow reduced driveway spacing. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 7.70 acres into three (3) lots for future commercial development. August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 2 B. EXISTING CONDITIONS: A two-story single family residence is located within the south half of the overall property. A single driveway from Cantrell Road serves as access to the property. The majority of the property is undeveloped and tree covered. C. NEIGHBORHOOD COMMENTS: All owners of property abutting the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Chenonceau Blvd. is classified on the Master Street Plan as a minor arterial. A dedication of right- of-way 45 feet from centerline will be required. 3. Additional 10-foot Right-of-Way dedication is required at the intersection of Cantrell Rd and Chenonceau Blvd. along both street, 250-feet long from the intersection to facilitate a turn lanes. Westbound right-turn lane is required to be constructed at Cantrell Road to Chenonceau Boulevard. Revise striping on Chenonceau Boulevard to provide a left-turn lane south of the median. 4. 75-foot radial dedication is required at the intersection of Cantrell Rd and Chenonceau Blvd. 5. 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. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveways must not exceed 36 feet. Driveway spacing on arterial street is 300 ft. from intersections and other driveways, and 150 feet from side property lines. A variance must be requested for all driveway locations. The driveway between lots 1 and 2 must be constructed as right-in/right-out due to its close proximity to a signalized intersection. 7. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 8. 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 36 feet. Driveway spacing on arterial street is 300 ft., and 150 feet August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 3 from the side property lines. A variance must be requested for all driveway locations. The driveway between lots 1 and 2 must be constructed as right- in/right-out, due to its close proximity to a signalized intersection. 9. Per ARDOT: If the driveway along the common lot lines of Lots 3 and 4 proposed as a public ROW, the radius must be minimum 40 feet. If it is proposed as a private driveway it should to be built according to DR-1 ARDOT standard driveways, regardless of the existing Bank OZK driveway. 10. Private access is proposed for the lots inside the proposed development. In accordance with section 31-207, private streets must be designed to the same standards as public streets. The proposed 50-foot common access and utility easement must be minimum 60' wide to accommodate a 31-foot Right- of- Way, with sidewalks on both sides. 11. The portion of the lots located south of the "Common Access/Utility Easement" area should be identified as "Tract Land" on final plat due to the required maintenance. 12. Is an advance grading variance being requested to grade the lots of the future phases with the issuance of a grading permit for phase 1? 13. All driveways and private streets shall be constructed with concrete aprons per City Ordinance. 14. In accordance with section 31-207, private streets must be designed to the same standards as public streets. 15. Sidewalks with appropriate handicap ramps are required to be installed along Cantrell Road in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 16. Revise striping on Chenonceau Boulevard to provide a NB left-turn lane south of the median. 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: Maintain Access: August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 4 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. 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 August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 5 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 6 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. 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 Fire Marshal Derek N. Ingram 501-918- 3756 Number and Distribution of Fire Hydrants as per Table C105.1. 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: No comments. H. ANALYSIS: The applicant proposes to subdivide 7.70 acres into three (3) lots for future commercial development. The property is located at 17815 Cantrell Road (southwest corner of Cantrell Road and Chenonceau Blvd.) and is zoned “C-3” General Commercial District. The site is located within the Highway 10 Design Overlay District. August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 7 A two-story single family residence is located within the south half of the overall property. A single driveway from Cantrell Road serves as access to the property. The majority of the property is undeveloped and tree covered. A 50 foot wide undisturbed buffer exists along the west side property line where adjacent to single family residential zoning. The proposed lots will range in size from 2.006 acres to 2.8548 acres. The proposed plat shows a 40 foot wide landscape buffer along the Cantrell Road frontage, as required by the Highway 10 Design Overlay District. The plat also shows a 100 foot platted building line from the north property line and a 25 foot platted building line along the east property boundary. The setbacks conform to ordinance standards. The applicant is proposing two (2) driveway locations from Cantrell Road and one (1) driveway from Chenonceau Blvd. at the southeast corner of the overall site. The two (2) driveways from Cantrell Road will be shared drives, between Lots 1 and 2 and Lots 2 and 3. All of the driveways will be located within 60 foot wide access and utility easements, which will allow cross-access between the lots. The applicant is requesting one (1) variance with respect to the driveway locations. Section 31-210 of the City’s Subdivision Ordinance requires that driveways from arterial streets be located at least 300 feet back from an intersecting right-of-way. The east proposed driveway from Cantrell Road will be located approximately 180 feet back from the intersecting right-of-way of Chenonceau Blvd. This section also requires that driveways be located at least 125 feet from side property lines. The driveway from Chenonceau Blvd. at the southeast corner of the property will be located approximately 45 feet back from the south property line. Staff is supportive of the variance request, as the applicant is proposing three (3) shared driveways for three (3) lots which have two (2) street frontages. Staff views this request as reasonable. The applicant proposes to final plat the lots one (1) at a time, as they are sold. The site will be graded in one (1) phase with development of the infrastructure. Based on the fact that the interior driveways have cross access between all of the lots, an advanced grading variance will not be required to grade the area of the lots with the infrastructure. As part of the property development, the applicant is requesting to remove the small median at the south end of the large median within the Chenonceau Blvd. right-of-way. This is proposed to allow north bound left turns from the subject property onto Chenonceau Blvd. Staff supports the removal of the small median as long as the applicant submits an Intersection Sight Distance Certification in conformance with AASHTO standards prior to any work within the right-of-way. August 12, 2021 ITEM NO.: 3 (Cont.) FILE NO.: S-1899 8 As noted in Paragraph D. of the staff report (Engineering comment #3), Engineering requires a right turn lane along the Cantrell Road frontage to Chenonceau Blvd. However, ARDOT has denied the widening of Cantrell Road for the right turn lane. 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. I. STAFF RECOMMENDATION: Staff recommends approval of the proposed plat and associated driveway spacing variance, subject to compliance with the conditions and comments outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 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 10 ayes, 0 nays, 0 absent and 1 open position. August 12, 2021 ITEM NO.: 4 FILE NO.: S-1900 NAME: Pleasant Run Subdivision – Preliminary Plat LOCATION: Northeast corner of Walnut Grove Road and Burlingame Road DEVELOPER: Geoff Quo P.O. Box 250927 Little Rock, AR 72225 OWNER/AUTHORIZED AGENT: Geoff Quo – Owner Richardson Engineering – Agent SURVEYOR/ENGINEER: Richardson Engineering 325 West South Street Benton, AR 72025 AREA: 10.92 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 21 CENSUS TRACT: 42.02 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. STAFF UPDATE: The applicant submitted a letter to staff on July 9, 2021 requesting this application be deferred to the September 9, 2021 agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (AUGUST 12, 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 July 9, 2021 requesting this application to be deferred to the September 9, 2021 Planning Commission August 12, 2021 ITEM NO.: 4 (Cont.) FILE NO.: S-1900 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 10 ayes, 0 nays, 0 absent and 1 open position. August 12, 2021 ITEM NO.: 5 FILE NO.: Z-9600 NAME: Jackson Day Care Family Home – Special Use Permit LOCATION: 6824 Fairfield Drive DEVELOPER: Angela Jackson 6824 Fairfield Drive Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Sheilar Hatton – Owner Angela Jackson – Applicant SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.33 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 15 CENSUS TRACT: 41.06 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant requests a special use permit to allow a day care family home to be operated in the single family residence located on the R-2 zoned property at 6824 Fairfield Drive. B. EXISTING CONDITIONS: The lot contains a one-story brick and frame single family residence. There is a one-car wide driveway from Fairfield Drive. August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 2 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. Show proposed parking spaces for drop-off within the gravel area. 2. Parking area should be bound and delineated. 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. 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: No comments. H. ANALYSIS: 6824 Fairfield Drive is located at the northeast corner of Fairfield Drive and Dailey Drive. All surrounding properties are zoned “R-2” Single Family Residential. A August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 3 nonconforming warehouse structure is located immediately to the north, with clinical uses, a post office, community center and police sub-station located further north and northeast. The applicant requests a special use permit to operate a day care family home at 6824 Fairfield Drive. The applicant proposes to care for up to ten (10) children. The applicant proposes to operate the day care use from 6:00 a.m. to 5:30 p.m., Monday through Friday. The day care will be closed on state and federal holidays. In addition to the applicant/resident, Angela Jackson, Ms. Jackson’s mother, Sheilar Hatton will be an additional caregiver who will report to the site on a daily or as needed basis. The applicant’s home is a one-story brick and frame structure, and is typical of other homes in this general area. The rear yard is fenced and should provide a safe play area for the proposed day care family home. There is a one-car wide driveway from Fairfield Drive, with parking for three (3) vehicles including the carport. The existing driveway on the site will be reserved for drop-off/pick-up of children. There is an existing gravel area on the west side of the driveway/carport area. The gravel area has been used for parking for over 30 years. If the applicant proposes to use the gravel area for her and her mother to park on, the area will need to be upgraded to low-impact development standards with borders, and accessed only from the existing driveway. The applicant also has the option of widening the existing driveway to a two (2) car width. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1964 and appears to still be in effect. The Bill of Assurance contains the following language: “This lot shall not be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on this lot other than one single family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars.” Section 36-54 (e) (3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 4 b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshal must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on an area survey conducted by staff, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. The Little Rock Fire Marshal has inspected the site and approved use of the residence as a day care family home. August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 5 I. STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit to allow a day care family home at 6824 Fairfield Drive, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraph D, and the staff analysis, of the agenda staff report. 2. Compliance with the site and location criteria in Section 36-54 (e) (3). 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day-light hours. PLANNING COMMISSION ACTION: (AUGUST 12, 2021) Angela Jackson was present representing the application. There were two (2) persons 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. Mrs. Tashan O’Neal, President of the Chicot Neighborhood Association, addressed the Commission in opposition to the application. Mr. O’Neal addressed concerns regarding the size of the residence, right-of-way issues, traffic and noise. Troy Laha, Vice President of the Southwest Little Rock United for Progress addressed the Commission in opposition to the application. Mr. Laha expressed concerns regarding the size of the residence, traffic and safety. Angela Jackson addressed the Commission in response the registered opposition concerns. She stated she submitted the application due to the need for children to be in a smaller child care setting and the desire for residents in the area to have closer facilities. She also addressed parking concerns stating drop off and pick up will occur in the driveway area and not in the right-of-way. Commissioner Hart asked the applicant if she lived in the residence. She responded, yes, and noted that her mother will assist with operating the daycare. She also stated that she could not apply for the state license until she was approved by the Commission. Commissioner Rahman asked if the lot would be used for Commercial purposes. Applicant’s response was no. Commissioner Hart asked the applicant questions regarding health and safety. The applicant stated health and safety concerns have been addressed as part of the proposal. August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 6 Commissioner Brooks asked a questions regarding the age groups of children attending the daycare and health and safety concerns. Applicant’s responded stating infants up to 2.5 years. The applicant stated there is a private gate in the rear of the residence, children will not be in front of the residence and pick-up and drop-off will occur on the side of the residence underneath the car porch. Commissioner Betton discussed drop-off and pick-up of children. Commissioner Haynes asked staff if they considered safety regarding pick-up and drop- off. Staff stated is was considered during the review of the application and found to be adequate as mentioned in the staff report. There was a motion to approve the application. The motion was seconded. The vote was 7 ayes, 3 nays, and 1 open position. The application was approved. August 12, 2021 ITEM NO.: 6 FILE NO.: Z-2200-A NAME: JPL Construction Townhomes – Conditional Use Permit LOCATION: West side of N. Pierce Street, between “B” and “C” Streets DEVELOPER: Patrick Dennis P.O. Box 242354 Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Dougan Investments, Inc. – Owner Patrick Dennis – Agent SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: approximately 0.93 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01 CURRENT ZONING: O-3 VARIANCE/WAIVERS: 1. Variance from Section 36-389 (Midtown DOD landscape requirement) A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow for the development of a two-lot, 16-unit multifamily townhome development on the 0.93 acre, O-3 zoned property on the west side of N. Pierce Street, between “B” and “C” Streets. August 12, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-2200-A 2 B. EXISTING CONDITIONS: The south half of the property contains two (2) single family residences. The north half of the property is currently undeveloped. 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. 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. Due to the proposed use of the property, the Master Street Plan specifies that Pierce Street and "C" Street for the frontage of this property must meet commercial street standards. Dedicate right-of- way to 30 feet from centerline. 3. All driveways shall be concrete aprons per City Ordinance. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the C St and Pierce St including 5-foot sidewalks with planned development. 5. On North Pierce Street and "C" Street curb and gutter must be placed 15.50 feet from the centerline of pavement. 6. A 20 feet radial dedication of right-of-way is required at the intersection of "C" Street and North Pierce Street and at the intersection of North Pierce Street and "B" Street. 7. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Proposed driveways must be combined to one driveway. The proposed parking spaces must be shifted to the West. 8. Provided scale is incorrect, revise scale shown. 9. 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. 10. Storm water detention will not apply to the proposed development. 11. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be August 12, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-2200-A 3 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: 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. 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. August 12, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-2200-A 4 Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. 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. 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 Fire Marshal Derek N. Ingram 501-918- 3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. August 12, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-2200-A 5 County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the requirements of the Midtown Overlay District. 2. Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4.5) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street A twenty-five (25) percent reduction of the landscape provisions can be taken for developments within mature areas. In these areas it is allowable for perimeter planting strips to be a minimum of six (6) feet nine (9) inches wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 4. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 5. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. 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. August 12, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-2200-A 6 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a conditional use permit to allow for the development of a 16-unit townhouse project on two (2) lots. The property consists of approximately 0.93 acre, with street frontage along N. Pierce Street, “B” Street and “C” Street. The proposed townhomes will be individually sold and not rented. The property is located within the Midtown Design Overlay District. The project will include four (4) buildings, with four (4) townhomes in each building. There will be two (2) buildings on each of the two (2) proposed lots. The applicant notes that the townhomes will be between 1,500 and 1,800 square feet in area, with the units being a mixture of two (2) and three (3) bedroom structures. The structures will be two (2) stories, with building heights not to exceed 35 feet. The exterior facades of the structures will be brick, stone and wood siding. The proposed buildings will face “B” Street, “C” Street and N. Pierce Street. The buildings will be located back 20 feet from the north, south and east property lines. Sidewalks will extend from the front of each building to its respective street. There will be one (1) entry drive from N. Pierce Street. The driveway will extend between the two (2) buildings along N. Pierce Street to a parking lot near the center of the site. The parking lot will contain 24 paved parking spaces. The parking conforms to ordinance standards. Any dumpster/trash collection area shall be oriented away from the streets and screened per Section 36-253 of the code. If a ground-mounted sign is requested, it must be a monument-type sign and have a maximum height of six (6) feet and a maximum area of twenty-four (24) square feet. Signs must be located within required landscaped area of the parking lot. Any site lighting shall be low-level and directed away from adjacent properties. All new utilities shall be buried (as per the Midtown DOD requirements). Section 36-389 (h) (7) of the City’s Zoning Ordinance (Midtown DOD) reads as follows: “(7) Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4.5) feet above the August 12, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-2200-A 7 ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place.” It appears that there are one (1) to four (4) trees on the site that may qualify with the above standards, and that one (1) or two (2) trees will be in the way of proposed improvements to the site. The applicant is requesting a variance to remove those trees from the site. Staff supports the variance request, as staff views the requirement to be more oriented to commercial developments and not residential developments. To staff’s knowledge, the proposed site development plan will conform to all other landscape requirements. 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. Staff is supportive of the requested conditional use permit to allow a 16-unit townhome development. Staff views the request as reasonable. The project should prove to be a quality in-fill type development in the Midtown area. Existing multifamily developments, including condominiums, are located immediately west and east of the subject property. Staff believes the proposed development will have no adverse impact on the adjacent properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in paragraphs D, E and F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (AUGUST 12, 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 10 ayes, 0 nays, 0 absent and 1 open position. August 12, 2021 ITEM NO.: 7 FILE NO.: A-340 AND Z-9601 NAME: Amazon Zeuber Annexation and I-3 Heavy Industrial Zoning REQUEST: Accept 162 acres plus or minus to the City LOCATION: Along Zeuber Road, approximate 5800 - 7000 BLKs of Zeuber Road SOURCE: Stephen Giles agent GENERAL INFORMATION: • On June 17, 2021 the Pulaski County Judge signed the Judge’s Order verifying that the applicant meets all the requirements of the 100% annexation process and approving the annexation. • The western portion of the annexation area is mostly wooded. The 80 acres in the southeast quadrant has been developed with a large warehouse building (Amazon distribution center). • There are four property owners. This is a ‘100-percent property’ Owner annexation. • The site is contiguous to the City of Little Rock along the north side. • The annexation request is to obtain City services. • The site is ‘L’ shaped. The annexation consists of two areas. One area is north and east of the north-south portion of Zeuber Road and the other area south of the east-west portion of Zeuber Road. The northern portion is approximately 640-feet east-west and 1890-feet north-south. The southern portion is approximately 1900- feet north-south and 2660-feet east-west. • The site consists of approximately 162 acres currently not zoned. AGENCY COMMENTS: Public Safety: Fire: Little Rock Fire Department: No Comment received. Police: Little Rock Police Department has indicated they have no issues or concerns with the proposed annexation. Infrastructure and Community Facilities: Rock Region METRO Transit: No Comment received. August 12, 2021 ITEM NO.: 7 (Cont.) FILE NO.: A-340 AND Z-9601 2 Parks and Recreation: No Comment received. Public Works: The Engineering Division did not indicate a position on the proposed annexation. Pulaski County Planning: Pulaski County Planning indicated they have no issues or concerns with the proposed annexation. Arkansas Geographic Information Office: AGIO expressed no concerns with the annexation and noted the applicant had followed ARK CODE 14-40-101. Utilities: Central Arkansas Water: No Comment received. Entergy: No Comment received. Reliant-Energy: No Comment received. Little Rock Water Reclamation Authority: No Comment received. AT&T: No Comment received. Schools: Little Rock: No Comment received. The annexation area is not within the Little Rock School District. Pulaski County Special: No Comment received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The area requesting annexation is contiguous with the City limits in the northern part of the parcel along its northern boundary. The City of Little Rock annexed the area to the north of the site - in 1970 with Ordinance 12406 (Little Rock Port Annexation). The annexation area has been farm land or wooded since at least the 1960s. The portion east of Zeuber Road from the City Limits south to Zeuber Road is currently mostly wooded with an AT&T facility on the northwest most 2.38 acres. The portion of area being annexed south of Zeuber Road is wooded on the western approximately third. A newly constructed Amazon warehouse structure is on the eastern 80-plus acres. The entire region in which the annexation is located (both areas currently with in the City and outside) is protected by a levee system. The area has a general slope from north to south. The land falls off only eight feet in the approximately 3900 feet from northwest to August 12, 2021 ITEM NO.: 7 (Cont.) FILE NO.: A-340 AND Z-9601 3 southeast. There is an additional four-foot fall along a drainage way which is located close to the southwestern boundary of the annexation. Two areas are within the 100- year floodplain. The first in just north and east of Zeuber Road where it bends from a north-south to an east-west road within the annexation area. This area is around 5 acres in size. The second area is a larger area in the southwest corner on the annexation area. The second area is closer to 20 acres in size. The property currently is not zoned. There is no zoning outside the City in this area. The land within the city to the north and northeast is zoned I-3, Heavy Commercial District. This land is part of the Port Industrial Park. It is partially developed with manufacturing and industrial structures. While the land to the northwest is zoned AF, Agriculture and Forestry District. This land is partially developed with a single-family subdivision. This is the eastern edge of the College Station Community. All the lands to the east, west and south are not zoned and are outside the current City Limits. Most of this land is either agricultural in use or wooded. There are about a half dozen single-family houses along Zeuber Road, west of the annexation area. About half of these houses have been acquired by the Little Rock Port in the last year. To the east, along Zeuber Road at the Fourche Dam Pike/Thibault Road intersection, there are several trucking and warehouse developments. This area is also outside the current city limits. The Land Use Plan shows the annexation area as Industrial (I). The Industrial category encompasses a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. Industrial development typically occurs on an individual tract basis rather than according to an overall development plan. The Land Use Plan shows Industrial (I) in all directions from the annexation area. Most of this land is either agricultural in use or wooded. There are about a half dozen single-family houses along Zeuber Road west of the annexation area. About half of these houses have been acquired by the Little Rock Port in the last year or so. To the east along Zeuber Road at the Fourche Dam Pike/Thibault Road intersection there are several trucking and warehouse developments. This area is also outside the current city limits. The applicant has requested the land be zoned I-3, Heavy Industrial District (Z-9601) as part of their annexation request. The land to the south, east and west of the annexation area is currently not zoned and outside of the City. The Little Rock Port has also acquired land beyond this annexation to the east and south with the intention of future industrial development of the surrounding area. The land to the north is zoned I-3, Heavy Industrial District. It is partially developed with manufacturing and warehouse uses as part of the Port Industrial Park. Approximately half the land requested for annexation is not developed but is mostly wooded. There is an AT&T phone facility in the northwest corner of the proposed annexation area (developed on approximately two and a third of acre). On the approximately 80 acres in the southeast corner of the annexation is a five story Amazon warehouse/distribution facility. The owners of the annexation area land agree with the City that industrial development of their land is most appropriate future use. August 12, 2021 ITEM NO.: 7 (Cont.) FILE NO.: A-340 AND Z-9601 4 The applicant has provided the City with a letter from the Arkansas GIS Office (AGIO) confirming the request meets all the requirements of Section 14-40-101 (dated April 19, 2021). The applicant has also provided the Judge’s Order, signed on June 17, 2021. This confirms that the area requesting annexation is contiguous to the City of Little Rock; will be used for an urban purpose; the petitioner does own 100 percent of the land; and all requirements of Arkansas Law have been fulfilled. The Judge’s Order does include all adjacent and traversing roads and rights-of-way (Zeuber Road). Approximately 4350 linear feet of Zeuber Road are included in this annexation. Zeuber Road is a two-lane road with shoulders. There are open ditches on both sides of the road. The north-south portion of Zueber Road is shown on the Master Street Plan as a Minor Arterial. While the east-west portion the road is shown as a Collector. Zeuber Road has been constructed to ‘Industrial Street’ design standards with shoulders and open ditches. The Master Bike Plans shows a Class III Bike Route along Zeuber Road. The street has been marked with bike lanes on the shoulders (a class II Bike Route). A 16-inch water service line exists from the east along the south side of Zeuber Road to the southeast portion of the annexation area. This provides water service to the Amazon site which is the southeastern 80 acres of the annexation area. A 30-inch force wastewater service line is along south side of Zeuber Road. This service line continues north along the eastern annexation boundary north of Zeuber Road to the current city limits. As part of the development of any land within the annexation area, the developer will have to extend these services from the existing service lines to any new development. The closest fire station (Station 4) is located at 7500 Lindsey Road. From this station via existing streets is just over 2.25 miles to the annexation area. Station 13, at 1105 East Roosevelt Road, is the next closest station with runs of approximately 3.8 miles to the annexation area over current roads. The Fire Department made no comment on the proposed annexation. The Little Rock Police Department responded they have no concerns or issues with this annexation. The annexation would increase the linear feet of road where the Department might have to respond to traffic issues. Most of the annexation area is wooded with no businesses. However, there is a new warehouse/distribution structure for Amazon on the southeastern 80 acres. Neither public safety agency expects significant new demand. Staff Recommendation: Approval of the annexation and classification of the land as I-3 Heavy Industrial District. PLANNING COMMISSION ACTION: (AUGUST 12, 2021) The item was placed on the consent agenda for approval. By a vote of 10 for 0 against and 1 vacancy; the consent agenda was approved. PLANNING COMMISSION VOTE RECORD DATE: August 12, 2021 4:OOPM Minutes Consent Agenda A, 4, B, 1, 3, 6,7 RegularAgenda MEMBER C 1 5 2 2 BERRY, CRAIG ✓ ✓ ✓ ✓ ✓ BETTON, HAROLD MD ✓ ✓ ✓ ✓ ✓ ✓ BROOKS, DERICK ✓ ✓ ✓ ✓ ✓ HAMILTON, SCOTT - Chair ✓ ✓ ✓ ✓ ✓ ✓ HART, TODD ✓ ✓ ✓ ✓ ✓ ✓ HAYNES, MARLON D. ✓ ✓ ✓ ✓ ✓ ✓ RAHMAN, ROBBIN - V. Chair ✓ ✓ ✓ ✓ ✓ ✓ THOMAS, DIANA M. ✓ ✓ ✓ ✓ A A VICKERS, MICHAEL ✓ ✓ ✓ ✓ ✓ ✓ FVOGEL, ROBBY ✓ ✓ ✓ R R * Open Position* BROOKS, womommmmmmmmmm mmmmmmmmmmmmmilm Meeting Adjourned 6:43 PM ✓AYE • NAYE A ABSENT Ab ABSTAIN R RECUSE August 12, 2021 There being no further business before the Commission, the meeting was adjourned at 6:43 p.m. Date Chairman Secretary