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HomeMy WebLinkAboutZ-3969-B Staff AnalysisFffI U: I 10 fel WAt�*Z*63: NAME: Capitol Place Addition Short -form POD LOCATION: Located at 7919 West 5th Street DEVELOPER: Home Design and Realty LLC 608 Nan Circle Little Rock, AR 72211 ENGINEER: McClelland Consulting Engineers, Inc. 900 W. Markham Street Little Rock, AR 72201 AREA: 1.24 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: FT. NEW STREET: 0 LF The site was originally developed as a dairy farm in the 1930's. Buildings constructed included the family house, a garage, a milk barn and a storage shed. A request to rezone the site from R-2, Single-family to PCD was denied by the Little Rock Board of Directors on May 17, 1983. The request was to allow 1.4 acres to be used as a storage area for a landscape company including trucks and supplies. The site area proposed for development was located within the floodplain and/or floodway. On May 10, 1984, the Little Rock Board of Directors adopted Ordinance No. 14,669 establishing Healthy Lawns and Shrubs Short -form PCD. The approval was to allow a landscaping company to locate on the site and construct a 3200 square foot metal building on a portion of the site lying outside the floodway. The site would be used as a greenhouse/nursery stock and equipment storage facility. Staff received a letter dated FILE NO.: Z -3969-B Cont. May 25, 1993, indicating the applicant had requested the rezoning without expressed or implied authority from the property owner. The letter further indicated the property was never used as a nursery and the applicant did not construct any type of physical structures for use in the proposed nursery business. Staff notified the applicant that in their opinion the PUD approval had been abandoned. Staff indicated the applicant had failed to follow through with the requirements of the approval (submission of a final development plan) within the required time frame. Ordinance No. 17,193 adopted by the Little Rock Board of Directors on May 21, 1996 revoked the previously approved PCD zoning and restored the R-2, Single-family zoning classification to the site. UA L A 0 PROPOSAUREQUEST: The applicant is proposing the conversion of an existing single-family home into an office use to be used as a real estate office with two realtors and one office assistant. The applicant has indicated the days and hours of operation would be limited to Monday through Friday from 8:00 am to 5:00 pm and from 8:00 am to noon on Saturday. The applicant has indicated parking will be added to the rear of the structure to accommodate five automobiles. ISTING CONDITIONS: The site is a tree -covered site and contains an existing single-family home and several outbuildings. There is a creek located along the southern and western property line and a large potion of the site is located within a floodway and is not developable without removing those portions from the floodway by a map revision. There is a Jewish Synagogue located to the east of the site and to the northeast of the site is an apartment development. A nursing home is located adjacent to the Synagogue. North of the site is a single-family subdivision with very few vacant lots. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several stating opposition to the request, from are Neighborhood Association, the Sunny Brook residents, who could be identified, located wi property owners located within 200 -feet of the hearing. ENGINEERING COMMENTS: informational phone calls, many a residents. The Briarwood Neighborhood Association, all thin 300 -feet of the site and all site were notified of the public 1. A large portion of the property is located within the mapped floodway of Rock Creek. The proposed alteration of the floodway will require a flood map revision. Obtain conditional approval from Public Works and the Federal Emergency Management Agency prior to proceeding with the zoning request. 2. After map revisions, the minimum Finish Floor elevation is required to be shown on the plat and grading plans for the site. All finished floors must be 2 ItsOlttiW,a1&0o]IO-W3[Km located one foot above the 100 year flood elevation. Provide a revised survey showing the limits of the floodway and floodplain. 3. The proposed land use would classify Capitol Avenue (5th Street) on the Master Street Plan as a commercial street. Dedicate right-of-way 30 -feet from centerline. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 - foot sidewalk with the planned development. Match existing curb to the east. Street improvements can end at Sunnymeade. Pedestrian access should be provided to the Park Trail to the west. 5. Storm water detention ordinance applies to this property. The project would qualify for a contribution in -lieu of construction at the time of building permit. 6. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA bus routs. K3 E NO.: Z -3969-B (Cont. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a zoning change from R-2, Single-family to PD -0 (Planned Office Development) to convert an existing house into a real estate office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda File No. LU05-03-02. Bicycle Plan: A Class I bikeway is shown at the western edge of this property following Rock Creek. A Class I bikeway is built separate from or alongside a road. This bikeway is currently developed and should not be affected by this application. Master Street Plan: West Fifth Street (Capitol Avenue) is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. West Fifth Street may require half street improvements and be constructed to Local Commercial Street Standards, including a 60 foot right-of-way and 14 foot travel lanes. At the northwest edge of the site is a bridge that is structurally not sound. This bridge may need to be repaired or replaced. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Briarwood Neighborhood Action Plan. The Land Use and Zoning goal is "To maintain the character of homes in the Briarwood Neighborhood," with an action statement, "Identify rental property in the neighborhood to maintain the character of the neighborhood." Construction of a large office building in the neighborhood could harm the residential atmosphere of the small neighborhood around the application area possibly leading to an increase in rental properties in the area. Landscape: No comment. With any future construction landscaping will be required. G. SUBDIVISION COMMITTEE COMMENT: (May 5, 2005) The applicant was present representing the request. Staff presented the overall development plan indicating a portion of the proposed development was located within the identified floodway. Staff stated the applicant could not proceed with his application request since the City could not approve a development proposed within the floodway. The applicant stated they were requesting to amend their application to eliminate the proposed new construction on the site. The applicant stated the request was now the conversion of the existing single-family home into an office use for a real estate agency with no new construction proposed. The applicant stated they would remove several of the outbuildings located on the site. 4 FILE NO.: Z -3969-B (Cont. Public Works comments were addressed. Staff stated with the revision to the proposed development plan many of the comments had been addressed. Staff stated street improvements would be required as a result of the development but could stop at Sunnymeade. Staff stated West 5th or Capitol did not go through in this area and the applicant would not be required to construct a connection at this time. Staff reaffirmed there was to be no construction within the floodway including the construction of fencing or parking area. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing the technical issues raised at the May 5, 2005, Subdivision Committee meeting. The applicant has removed all construction requested located within the floodway and indicated the site will be redeveloped utilizing the existing structure and the addition of five parking spaces within the rear yard area. The indicated parking is not located within the floodway area. The applicant has also indicated several of the outbuildings will be removed from the site to clear the overall appearance of the site. The applicant has also indicated a dedication of 30 -feet from centerline of right-of-way will be made to the City to meet the current Master Street Plan requirement. The applicant has indicated street construction will be based on improvement cost of the site and the owner will construct the required improvements as requested by Public Works staff. The applicant is proposing the conversion of an existing single-family home into an office use to be used as a real estate office with two realtors and one office assistant. The applicant has indicated the days and hours of operation would be limited to Monday through Friday from 8:00 am to 5:00 pm and 8:00 to noon on Saturday. The applicant has indicated there are no alternative uses being proposed as a part of the development. Staff is not supportive of the applicant's request. Staff feels this area is a single- family neighborhood and the expansion of non-residential uses into this area would not have a positive impact on the adjoining properties. The Sunnymeade Subdivision is a small subdivision and has been well maintained over the years. With the addition of an office use in the area, there would be an increase in the amount of traffic to the area thus negatively impact the homeowners. There is a Synagogue located to the east of the site, which is a non-residential use, but the activity to this site is limited. The multi -family and nursing home uses are accessed from Rodney Parham Road, an arterial street. Staff feels the site is more appropriate as a residential use. The site is shown on the Future Land Use Plan as Single Family and the request for an office use is inconsistent with the City's current plan. A request to amend the City's Future Land Use plan is a separate item on this agenda. Staff feels the residential integrity of the 61 FILE NO.: Z -3969-B (Cont. Sunnymeade Neighborhood should be maintained and the use of the site remain as a single-family use. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 26, 2005) Mr. Brian Tinnel was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial of the request. Ms. Lucile Long addressed the Commission in opposition of the proposed request. She stated she was opposed to the request since the Sunny Meade Neighborhood was a residential area. She stated she felt if the rezoning request were approved this would set a precedent to allow additional conversions within the neighborhood. She stated the neighborhood was squeezed in by commercial uses and did not need any more squeezing. Ms. Long presented a letter of opposition from a neighbor. Ms. Paula Turner stated she lived next door to the proposed rezoning request. She stated she did not want to live next door to a commercial use and requested the Commission vote no to the proposed rezoning. Ms. Ruth Bell addressed the Commission in opposition of the proposed request. She stated the neighborhood was doing ok. She stated the area was secluded and did not need the impact of a commercial development within the area. Ms. Tracy Crane addressed the Commission in support of the proposed request. She stated the neighborhood association had taken a vote on May 18, 2005, and the neighborhood voted 17 yes and 10 no to support the proposed request. Ms. Crane stated this represented 95 percent of the neighborhood. She stated three of the residents directly impacted voted to support the request. She stated 15 percent of the neighborhood was rental. She stated the proposed property had not been maintained which made the area fear this could be the trend. She stated there were commercial businesses within the neighborhood. She stated Briarwood Nursing home was located within the heart of the neighborhood. She stated the conversion of the site would clean the area and reduce the current crime problem in the area. Ms. Mildred Whitmeyer addressed the Commission in opposition of the proposed request. She stated traffic through the neighborhood was already a problem. She stated with a commercial business this would only increase the traffic on residential streets. She stated there were 15 children located in the neighborhood. She stated the addition of a business was not safe for the children. She stated currently traffic cut through the neighborhood to avoid the intersection of West Markham and Rodney Parham. D FILE NO.: Z -3969-B (Cont. Mr. Brian Whitmeyer addressed the Commission in opposition of the proposed request. He stated he was not notified of the neighborhood vote. He stated traffic was a concern of his as well. He stated the site was located within a floodway, which also concerned him. Mr. Tinnel addressed the Commission on the merits of the request. He presented photos of the area to give the Commission an idea of the area. He stated a portion of the site was located within the floodway and a portion was located within the floodway. He stated the site was neglected and overgrown. He stated the new owners would clear the site and reduced the vegetation to hinder criminal activity. He stated buildings were previously constructed within the floodway and the new owners would remove all obstructions located within the floodway. He stated the new design was that of a residential structure. He stated the new owners would add five parking spaces in the rear of the site to help maintain the residential integrity. He stated with the limited number of employees the activity at the site would be similar to the traffic generated from a single-family residences. There was a general discussion concerning proposed street improvements. Staff stated since the developers were proposing limited improvements to the site the full Master Street Plan requirements would not be required. Staff stated a sidewalk to the neighboring bicycle trail would not be required. A motion was made to approve the request. The motion failed by a vote of 3 ayes, 6 noes and 2 absent. 7 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON AN APPLICATION TO ESTABLISH A SHORT -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: Address: -7'1 Lt U - S }- S -'treed L i' H 4- eac_� 7 ZZG.Q�_ General Location: o Ge Uam c, IoAo SXA,,Y/Qe Owned By: J ro NOTICE IS HEREBY GIVEN THAT an application for allanned Zoning Development of the above property requesting a change of classifieation from 2- _ District to 20 D has been filed with the Department of Planning and Development. A public hearing on said application will be held by the Little Rock Board of Directors in the Board of Directors Chamber, Second Floor, City Hall, on A v. s-� st Zo�S at :00 p.m. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place, or may notify the Board of Directors of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham, 371-4790, and to review the application and discuss same with the Planning staff. AFFIDAVIT I hereby certify that I have notified all the property openers of record within 200 feet of the above property that subject property is being considered for rezoning and that a Public Hearing will be held by the Little Rock Board of Directors at the time and place described y ove. Applicant (Owner of Authorized Agent) (Name) 0 (Date) May 26, 2005 ITEM NO.: 5.1 FILE NO.: Z -3969-B NAME: Capitol Place Addition Short -form POD LOCATION: Located at 7919 West 5th Street DEVELOPER: Home Design and Realty LLC 608 Nan Circle Little Rock, AR 72211 ENGINEER: McClelland Consulting Engineers, Inc. 900 W. Markham Street Little Rock, AR 72201 AREA: 1.24 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential -m General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: FT. NEW STREET: 0 LF The site was originally developed as a dairy farm in the 1930's. Buildings constructed included the family house, a garage, a milk barn and a storage shed. A request to rezone the site from R-2, Single-family to PCD was denied by the Little Rock Board of Directors on May 17, 1983. The request was to allow 1.4 acres to be used as a storage area for a landscape company including trucks and supplies. The site area proposed for development was located within the floodplain and/or floodway. On May 10, 1984, the Little Rock Board of Directors adopted Ordinance No. 14,669 establishing Healthy Lawns and Shrubs Short -form PCD. The approval was to allow a landscaping company to locate on the site and construct a 3200 square foot metal building on a portion of the site lying outside the floodway. The site would be used as a May 26, 2005 SUBDIVISION ITEM NO.: 5.1 Cont. FILE NO.. Z -3969-B greenhouse/nursery stock and equipment storage facility. Staff received a letter dated May 25, 1993, indicating the applicant had requested the rezoning without expressed or implied authority from the property owner. The letter further indicated the property was never used as a nursery and the applicant did not construct any type of physical structures for use in the proposed nursery business. Staff notified the applicant that in their opinion the PUD approval had been abandoned. Staff indicated the applicant had failed to follow through with the requirements of the approval (submission of a final development plan) within the required time frame. Ordinance No. 17,193 adopted by the Little Rock Board of Directors on May 21, 1996 revoked the previously approved PCD zoning and restored the R-2, Single-family zoning classification to the site. 0 C. F11 PROPOSAUREQUEST: The applicant is proposing the conversion of an existing single-family home into an office use to be used as a real estate office with two realtors and one office assistant. The applicant has indicated the days and hours of operation would be limited to Monday through Friday from 8:00 am to 5:00 pm and from 8:00 am to noon on Saturday. The applicant has indicated parking will be added to the rear of the structure to accommodate five automobiles. EXISTING CONDITIONS: The site is a tree -covered site and contains an existing single-family home and several outbuildings. There is a creek located along the southern and western property line and a large potion of the site is located within a floodway and is not developable without removing those portions from the floodway by a map revision. There is a Jewish Synagogue located to the east of the site and to the northeast of the site is an apartment development. A nursing home is located adjacent to the Synagogue. North of the site is a single-family subdivision with very few vacant lots. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several stating opposition to the request, from ar Neighborhood Association, the Sunny Brook residents, who could be identified, located wi property owners located within 200 -feet of the hearing. ENGINEERING COMMENTS: informational phone calls, many ea residents. The Briarwood Neighborhood Association, all thin 300 -feet of the site and all site were notified of the public 1. A large portion of the property is located within the mapped floodway of Rock Creek. The proposed alteration of the floodway will require a flood map revision. Obtain conditional approval from Public Works and the Federal 2 May 26, 2005 SUBDIVISION ITEM NO.: 5.1(Cont.)FILE NO.: Z -3969-B Emergency Management Agency prior to proceeding with the zoning request. 2. After map revisions, the minimum Finish Floor elevation is required to be shown on the plat and grading plans for the site. All finished floors must be located one foot above the 100 year flood elevation. Provide a revised survey showing the limits of the floodway and floodplain. 3. The proposed land use would classify Capitol Avenue (5th Street) on the Master Street Plan as a commercial street. Dedicate right-of-way 30 -feet from centerline. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 - foot sidewalk with the planned development. Match existing curb to the east. Street improvements can end at Sunnymeade. Pedestrian access should be provided to the Park Trail to the west. 5. Storm water detention ordinance applies to this property. The project would qualify for a contribution in -lieu of construction at the time of building permit. 6. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. 3 May 26, 2005 SUBDIVISION ITEM NO.: 5.1 (Cont.) FILE NO.: Z -3969-B CATA: The site is not located on a dedicated CATA bus routs. F. ISSUESITECH N I CALID ESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a zoning change from R-2, Single-family to PD -O (Planned Office Development) to convert an existing house into a real estate office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda File No. LU05-03-02. Bicycle Plan: A Class I bikeway is shown at the western edge of this property following Rock Creek. A Class I bikeway is built separate from or alongside a road. This bikeway is currently developed and should not be affected by this application. Master Street Plan: West Fifth Street (Capitol Avenue) is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. West Fifth Street may require half street improvements and be constructed to Local Commercial Street Standards, including a 60 foot right-of-way and 14 foot travel lanes. At the northwest edge of the site is a bridge that is structurally not sound. This bridge may need to be repaired or replaced. Cily Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Briarwood Neighborhood Action Plan. The Land Use and Zoning goal is "To maintain the character of homes in the Briarwood Neighborhood," with an action statement, "Identify rental property in the neighborhood to maintain the character of the neighborhood." Construction of a large office building in the neighborhood could harm the residential atmosphere of the small neighborhood around the application area possibly leading to an increase in rental properties in the area. Landscape- No comment. With any future construction landscaping will be required. G. SUBDIVISION COMMITTEE COMMENT: (May 5, 2005) The applicant was present representing the request. Staff presented the overall development plan indicating a portion of the proposed development was located within the identified floodway. Staff stated the applicant could not proceed with his application request since the City could not approve a development proposed within the floodway. The applicant stated they were requesting to amend their 4 May 26, 2005 SUBDIVISION ITEM NO.: 5.1 (Cont.) FILE NO.: Z -3969-B application to eliminate the proposed new construction on the site. The applicant stated the request was now the conversion of the existing single-family home into an office use for a real estate agency with no new construction proposed. The applicant stated they would remove several of the outbuildings located on the site. Public Works comments were addressed. Staff stated with the revision to the proposed development plan many of the comments had been addressed. Staff stated street improvements would be required as a result of the development but could stop at Sunnymeade. Staff stated West 5th or Capitol did not go through in this area and the applicant would not be required to construct a connection at this time. Staff reaffirmed there was to be no construction within the floodway including the construction of fencing or parking area. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing the technical issues raised at the May 5, 2005, Subdivision Committee meeting. The applicant has removed all construction requested located within the floodway and indicated the site will be redeveloped utilizing the existing structure and the addition of five parking spaces within the rear yard area. The indicated parking is not located within the floodway area. The applicant has also indicated several of the outbuildings will be removed from the site to clear the overall appearance of the site. The applicant has also indicated a dedication of 30 -feet from centerline of right-of-way will be made to the City to meet the current Master Street Plan requirement. The applicant has indicated street construction will be based on improvement cost of the site and the owner will construct the required improvements as requested by Public Works staff. The applicant is proposing the conversion of an existing single-family home into an office use to be used as a real estate office with two realtors and one office assistant. The applicant has indicated the days and hours of operation would be limited to Monday through Friday from 8:00 am to 5:00 pm and 8:00 to noon on Saturday. The applicant has indicated there are no alternative uses being proposed as a part of the development. Staff is not supportive of the applicant's request. Staff feels this area is a single- family neighborhood and the expansion of non-residential uses into this area would not have a positive impact on the adjoining properties. The Sunnymeade Subdivision is a small subdivision and has been well maintained over the years. With the addition of an office use in the area, there would be an increase in the amount of traffic to the area thus negatively impact the homeowners. There is a 5 May 26, 2005 SUBDIVISION ITEM NO.: 5.1 Cont.) FILE NO.: Z -3969-B Synagogue located to the east of the site, which is a non-residential use, but the activity to this site is limited. The multi -family and nursing home uses are accessed from Rodney Parham Road, an arterial street. Staff feels the site is more appropriate as a residential use. The site is shown on the Future Land Use Plan as Single Family and the request for an office use is inconsistent with the City's current plan. A request to amend the City's Future Land Use plan is a separate item on this agenda. Staff feels the residential integrity of the Sunnymeade Neighborhood should be maintained and the use of the site remain as a single-family use. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 26, 2005) Mr. Brian Tinnel was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial of the request. Ms. Lucile Long addressed the Commission in opposition of the proposed request. She stated she was opposed to the request since the Sunny Meade Neighborhood was a residential area. She stated she felt if the rezoning request were approved this would set a precedent to allow additional conversions within the neighborhood. She stated the neighborhood was squeezed in by commercial uses and did not need any more squeezing. Ms. Long presented a letter of opposition from a neighbor. Ms. Paula Turner stated she lived next door to the proposed rezoning request. She stated she did not want to live next door to a commercial use and requested the Commission vote no to the proposed rezoning. Ms. Ruth Bell addressed the Commission in opposition of the proposed request. She stated the neighborhood was doing ok. She stated the area was secluded and did not need the impact of a commercial development within the area. Ms. Tracy Crane addressed the Commission in support of the proposed request. She stated the neighborhood association had taken a vote on May 18, 2005, and the neighborhood voted 17 yes and 10 no to support the proposed request. Ms. Crane stated this represented 95 percent of the neighborhood. She stated three of the residents directly impacted voted to support the request. She stated 15 percent of the neighborhood was rental. She stated the proposed property had not been maintained which made the area fear this could be the trend. She stated there were commercial businesses within the neighborhood. She stated Briarwood Nursing home was located within the heart of the neighborhood. She stated the conversion of the site would clean the area and reduce the current crime problem in the area. n May 26, 2005 SUBDIVISION ITEM NO.: 5.1 (Cont. FILE NO.: Z -3969-B Ms. Mildred Whitmeyer addressed the Commission in opposition of the proposed request. She stated traffic through the neighborhood was already a problem. She stated with a commercial business this would only increase the traffic on residential streets. She stated there were 15 children located in the neighborhood. She stated the addition of a business was not safe for the children. She stated currently traffic cut through the neighborhood to avoid the intersection of West Markham and Rodney Parham. Mr. Brian Whitmeyer addressed the Commission in opposition of the proposed request. He stated he was not notified of the neighborhood vote. He stated traffic was a concern of his as well. He stated the site was located within a floodway, which also concerned him. Mr. Tinnel addressed the Commission on the merits of the request. He presented photos of the area to give the Commission an idea of the area. He stated a portion of the site was located within the floodway and a portion was located within the floodway. He stated the site was neglected and overgrown. He stated the new owners would clear the site and reduced the vegetation to hinder criminal activity. He stated buildings were previously constructed within the floodway and the new owners would remove all obstructions located within the floodway. He stated the new design was that of a residential structure. He stated the new owners would add five parking spaces in the rear of the site to help maintain the residential integrity. He stated with the limited number of employees the activity at the site would be similar to the traffic generated from a single-family residences. There was a general discussion concerning proposed street improvements. Staff stated since the developers were proposing limited improvements to the site the full Master Street Plan requirements would not be required. Staff stated a sidewalk to the neighboring bicycle trail would not be required. A motion was made to approve the request. The motion failed by a vote of 3 ayes, 6 noes and 2 absent. 7 ITEM NO.: 5 _ _ _ _ FILE NO.: Z-3969-8 NAME: Capitol Place Addition Short -form POD LOCATION: located at 7919 West 5th Street Plannin Staff Comments: 1. Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Provide details of the proposed uses to be included as office uses on the site. 3. Provide the days and hours of operation of the proposed businesses to be located on the site. 4. Will there be a dumpster located on the site? If so provide the location of the proposed dumpster along with a note concerning the required screening. 5. Any additional site lighting must be low level and directional, directed inward away from residentially zoned properties. 6. Provide details of any proposed signage (height/area/location). Provide details of any proposed building signage. 7. Provide details of any proposed fencing on the site plan including material/height/location. 8. Provide the total building area of each structure on the proposed site plan. 9. Provide the total building coverage in the general notes section of the proposed site plan. 10. Provide the total area of each of the proposed lots in the general notes section of the proposed site plan. 11 -It is standard practice to not review and/or approve a site plan until all issues related to the floodway are resolved. This application will not be reviewed until a map revision is successfully completed. Please withdraw your request and refile when the map revision is received. VarianceNVaivers. None requested. Public Works Conditions: 1. A large portion of the property is located within the mapped floodway of Rock Creek. The proposed alteration of the floodway will require a flood map revision. Obtain conditional approval from Public Works and the Federal Emergency Management Agency prior to proceeding with the zoning request. 2. After map revisions, the minimum Finish Floor elevation is required to be shown on the plat and grading plans for the site. All finished floors must be located one foot above the 100 year flood elevation. Provide a revised survey showing the limits of the floodway and floodplain. 3. The proposed land use would classify Capitol Avenue (5th Street) on the Master Street Plan as a commercial street. Dedicate right-of-way 30 -feet from centerline. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 -foot sidewalk with the planned development. Match existing curb to the east. Street improvements can end at Sunnymeade. Pedestrian access should be provided to the Park Trail to the west. 5. Storm water detention ordinance applies to this property. The project would qualify for a contribution in -lieu of construction at the time of building permit. 6. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Ener : Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA bus routs. Planning Division; Landscape: Revised plat/plan: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, May 11, 2005.