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HomeMy WebLinkAboutZ-6165-A Staff AnalysisJuly 7, 2005 ITEM NO.: 16 FILE NO.: Z -6165-A NAME: Humane Society of Pulaski County — Revised Long -form PD -C LOCATION: Located at 14600 Colonel Glenn Road DEVELOPER: Humane Society of Pulaski County 14600 Colonel Glenn Road Little Rock, AR 72211 ENGINEER: Tim Tyler Surveying 51 W. Cadron Ridge Road Greenbrier, AR 72058 AREA: 3.09± acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 PD -C Humane Society Revised PD -C FT. NEW STREET: 0 LF Humane Society; adding outdoor exercise area and changing hours VARIANCES/WAIVERS REQUESTED: Waiver of filing fee BACKGROUND: On October 10, 1996, the Planning Commission voted to recommend approval of the Humane Society of Pulaski County PD -C to allow development of a new animal shelter to replace the existing facility at this same site. On December 17, 1996, the Board of Directors approved Ordinance No. 17,337, establishing the PD -C. The approval came after a 6 -month process of working through the various issues between staff, the Humane Society, neighboring property owners and the Commission. The approval was granted subject to numerous conditions related to site development and operation. Those conditions will be noted in the analysis to follow. Subsequent to the approval, July 7, 2005 UBDIVISION ITEM NO.: 16 (Cont. FILE NO.: Z -6165-A additional conditions were imposed by the District Circuit Court as the result of a lawsuit filed by a neighboring property owner against the Humane Society. A. PROPOSAL/REQUEST: The Humane Society is now requesting an amendment to the approved PCD to allow for construction of a fenced, outdoor exercise area to be located on the western portion of the site. The exercise area will consist of 4 areas with water service, benches and 2 gazebos. The total fenced area measures approximately 162 feet by 60 feet and will be enclosed by a 5 -foot tall chain-link fence. B. EXISTING CONDITIONS: The site contains the Humane Society building and parking lots. An 8 -foot tall wood fence wraps around the east, north, west and a portion of the south perimeters of the site. The site is outside of the city limits and the area is rural in nature. Surrounding uses include homes on large tracts and large areas of wooded, undeveloped properties. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Crystal Valley Neighborhood Association were notified of this request. D. ENGINEERING COMMENTS: 1. No comments regarding new fencing. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary. No Comment. Entergy: No Comments received. Reliant: Approved as submitted. Southwestern Bell: No Comments received. Water: Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified ►. July 7, 2005 SUBDIVISION ITEM NO.: 16 (Cont. FILE NO.: Z-61 Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Outside service area. Provide statement from area Volunteer Fire Department indicating approval and ability to serve. County Planning: No Comments. CATA: The site is located outside of the CATA service area. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property_ The applicant has applied for a revision to a PDC (Planned Development -Commercial) to allow for an addition of an outdoor exercise area to the property. Since this is a minor revision to a Planned Development and does not pose a significant change in the overall development that would have an impact on the Land Use Plan, a Plan Amendment is not necessary. Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial on the plan and is built as a rural two-lane road through that area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Colonel Glenn Road may require dedication of right-of- way and street improvements. Since this property is located on a Principal Arterial access to the site should be minimized and should not impede through traffic. Bikeway: A Class I bikeway is shown following Colonel Glenn Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Q July 7, 2005 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z -6165-A Landscape: Areas set aside for buffers in the area of the proposed dog exercise pens appear to meet with ordinance requirements. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (June 16, 2005) The applicants were present. Staff presented the item and asked the applicants to provide more information on the proposed supervised exercise activities; including hours of use. In response to a question from staff, the applicants stated the exercise area did not violate provisions of the 2002 District Circuit Court order. The applicants were advised to provide a copy of the current bill of assurance or a statement that the property was not covered by a bill of assurance. The applicants were advised to submit a statement committing to comply with all previous conditions. Commissioner Langlais asked if the Humane Society was complying with the condition limiting the number of dogs at the facility. The applicants responded that they were in compliance. Public Works, Utility and Landscape Comments were noted. The applicants were advised to provide a statement from the area volunteer fire department indicating approval and ability to provide service. The applicants were advised to respond to staff issues by June 22, 2005. The Committee forwarded the item to the full Commission. H. ANALYSIS: On December 17, 1996, the Board of Directors approved Ordinance No. 17,337 establishing the Humane Society of Pulaski County PD -C at 14,600 Colonel Glenn Road. The approved PD -C allowed for construction of a new building for the animal shelter. The older existing building on the site was removed. The Humane Society has been located at this site since 1978. Prior to that, the property was occupied by a chinchilla farm. The approval of the PD -C came after a six month process and was granted subject to numerous conditions related to site development and operation. Those conditions are as follow: 1. Compliance with staff comments in Sections D, E and F of the agenda Staff Report (Public Works, Utility, Landscape). 2. Compliance with the following amendments offered in a letter dated September 23, 1996 from Wes Louder. 4 July 7, 2005 SUBDIVISION ITEM NO.: 16 Cont. FILE NO.: Z -6165-A (a) house no more than 63 dogs with the exception of dogs in admitting rooms, the clinic, observation room and holding facilities for drop-off. No limits on cats and puppies. (b) no permanent housing of animals outside (c) no outdoor loudspeaker system (d) construct turn lanes (e) lighting to be low-level with most lights turned off after business hours, except for those needed for security reasons. (f) wastewater construction permits and wastewater discharge permits to be obtained before any construction or site preparation begins. (g) all structures to be set back 30 feet from all fences (slightly modified). (h) eight foot high privacy fence and appropriate landscaping on east, west and north sides. (i) all solid waste from dogs being walked to be picked up and disposed of daily. 0) close by 7:00 p.m. on weekdays. (k) emergency telephone numbers being provided. (1) no structures to be located on the property other than those shown on the site plan. (m) a temporary holding facility for animals dropped -off after hours. (n) new building constructed and old structures demolished in one contract, in one consecutive sequence; all to be accomplished within 365 days. (o) sandfilled walls and drainage conditions. 5 July 7, 2005 SUBDIVISION ITEM NO.: 16 Cont. FILE NO.: Z -6165-A The following additional amendments were made by Mr. Lowder and the Humane Society representative at the October 10, 1996 Planning Commission meeting: 1. Hours of operation are 1:00 p.m. — 6:00 p.m., Monday through Friday and 11:00 a.m. — 6:00 p.m., Saturday and Sunday 2. Dogs will be exercised on a rotating basis between 9:30 a.m. and 6:00 p.m. 3. No people convicted of a felony will be permitted to do court-ordered community service at the facility. The applicant had previously stated that no more than 1/3 of the attached outdoor runs would be used at one time and no more than four of the dogs housed within the building would be at one time. All of the animals are to be inside the building from 8:00 p.m. until 8:00 a.m. Subsequent to the City's approval of the PD -C, a lawsuit was filed by neighboring property owners Dennis and Marilyn Baeyens against the Humane Society. On February 4, 2002, an order/judgment was issued by the District Circuit Court in response to a settlement having been reached by the parties. The following items in the court order are pertinent to the issue before the Commission: 1. A new property line will be established on the Baeyens/Humane Society east/west boundary to run parallel 30 feet from the east edge of the Baeyens existing drive. 2. In the area east of the new property line and west of the current existing field wire fence, the Humane Society agrees to the following conditions: (a) no unattended animals will be left in this area and any animals dropped off in this area will be removed by the Humane Society in a prompt manner. (b) no trees greater than 1 'h inches in diameter will be removed from this area. (c) no parking lot, enclosed structures or dog runs will be constructed in this area; gazebos, pavilions or similar structures are exempted. (d) landscaping as required pursuant to the PD -C will be planted along the west boundary. July 7, 2005 SUBDIVISION ITEM NO.: 16 Cont. FILE NO.: Z -6165-A The new facility and parking areas were developed and the applicant states all provisions of the PD -C and court order have been adhered to. The Humane Society is now requesting approval of a revision to the PD -C to allow for changes in the hours of operation and to allow for construction of a fenced, outdoor exercise area. The exercise area is to consist of 4 areas with water service, benches and a gazebo. The total fenced area measures 60 feet by 162 feet and will be enclosed by a 5 -foot tall chain-link fence. The fenced exercise area is located east of (outside of) the area protected under the 2002 court order. A second gazebo is proposed, as permitted by the court order, in the area west of the proposed exercise area. The applicant has also proposed a change in the approved hours of operation. Hours and days of operation are now proposed as Tuesday — Thursday, Saturday and Sunday, 8:00 a.m. — 6:00 p.m.; Monday and Friday, 8:00 a.m. — 8:00 p.m. The outdoor exercise areas will not be used before 8:00 a.m. or after 8:00 p.m. In the proposed fenced areas, dogs will be supervised and use of the exercise areas will be during the facility's hours of operation only. The area is to be used in a manner similar to a public dog park but exclusively for the Humane Society. The HSPS hopes to socialize, exercise and teach the dogs basic commands, thereby making them more adoptable. Dogs will be allowed to play together under the supervision of staff or volunteers. At least one staff member or volunteer will be in the enclosure for every five dogs. Dogs will be discouraged from barking and excessive barking will result in the dog being returned to the indoor enclosure. Dogs will be walked to the fenced exercise area on leash, enter the first gate with staff/volunteer, the first gate will be closed, and then the dog will be allowed to enter the enclosure via the second, inner gate. The Humane Society has committed to complying with all other conditions stipulated in the 1996 approved PD -C and the 2002 court order. No additional site lighting will be added in this area. The property is not covered by a bill of assurance. The Crystal Volunteer Fire Department has submitted a letter indicating their approval and ability to provide service to this site. The staff's knowledge, there are no other issues. The applicant submitted responses to the issues raised at Subdivision Committee and reflected in the analysis above. Staff is generally supportive of the proposed revision to the PD -C to allow the outdoor exercise area, gazebos and revised hours of operation. Staff does believe it is appropriate to limit the use of the outdoor exercise area to the hours of 8:00 a.m. — 6:00 p.m. to limit the potential impact of noise on area residents. 7 July 7, 2005 SUBDIVISION ITEM NO.: 16 Cont. FILE NO.: Z -6165-A I. STAFF RECOMMENDATION: Staff recommends approval of the revised PD -C subject to compliance with the following conditions: 1. Compliance with staff comments and conditions in Sections D, E and F of the agenda staff report. 2. Compliance with all other conditions of the original 1996 approved PD -C (Z-6165). 3. Compliance with the conditions of the 2002 court order. 4. Use of the outdoor exercise area is to be limited to the hours of 8:00 a.m. — 6:00 p.m. PLANNING COMMISSION ACTION: (JULY 7, 2005) The applicant was present. There were no registered objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. EV