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HomeMy WebLinkAboutZ-7295 Staff AnalysisFILE NO.- Z-7295 NAME, Chenal Valley Montessori School — Conditional Use Permit LOCATION: 16,600 Block of Forest Lane, south side OWNER/APPLICANT: Little Rock Paper Company/Dorothy Moffett PROPOSAL: A conditional use permit is requested to allow for development of a Montessori School campus on this undeveloped, R-2 zoned 5 acre tract. ORDINANCE DESIGN STANDARDS: SITE LOCATION: The property is located on the south side of Forest Lane, midway between Taylor Loop Road and Katillus Road. 2, COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is quickly developing with new single family homes. The large tract across Forest Lane to the north was recently approved for redevelopment as a single family subdivision. Older, single family homes are directly adjacent to the west. Valley Falls Estates, a large, new single family subdivision is being developed further to the west and south. A church occupies the large, R-2 zoned tract adjacent to the east. With proper attention to issues such as landscaping and screening, this relatively small school should be compatible with surrounding uses. The primary issue of concern appears to be access to the site. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Johnson Ranch and Westchester Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The applicant proposes to access the site via a single driveway off of Forest Lane. A total of 31 on-site parking spaces are proposed. The school is proposed to have 16 employees; 6 full-time and 10 part-time. Sixteen parking spaces are required for the employees. The enrollment of the school is 110 students divided as follows; 66 preschool (ages 3-6), 22 lower elementary (ages 6-9) and 22 upper elementary (ages (9-14). The 15 remaining parking spaces exceed the number required by the code for a school with the student population proposed. FILE NO, Z-729,5 (Cont.) 4. SCREENING AND BUFFERS: Portions of the proposed land use buffer along the eastern perimeter drop below the nine (9) foot minimum width allowed at any given point. The average land use buffer width required along the eastern perimeter is twenty (20) feet. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings is required to help screen this property from the residential properties to the east, south, and west. An irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved Landscape Plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible. Extra credit toward fulfilling landscape ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5, PUBLIC WORKS COMMENTS: 1 . Forest Lane is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 3. All driveways shall be concrete aprons per City Ordinance. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. 6. Easements for proposed stormwater detention facilities are required. 7. Show estimated storm flows (Q) and direction of flow for water courses entering and leaving the l5roperty. 8. The existing minimum pavement width of Forest Lane is 13' which does not meet standards for the two way traffic that will be generated by the proposed school. Provide a solution to access problems. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements if service is required for project. 4 FILE NO.: Z-7295 (Cont. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: No Comments received. Water: A Capital Investment Charge base on the size of the meter applies in this area in addition to normal connection fees. 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. Fire Department: Place fire hydrants per code. Counly Plann : No Comment. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 12,2002) Dorothy Moffett was present representing the application. Staff presented the item and noted that additional information was needed regarding: signage, number of employees, number of students by pre-school and elementary age, days and hours of operation, site lighting (especially the soccer field), fencing and phasing of construction. Staff noted that the buildings along the east perimeter needed to be moved farther from the property line to provide the required setback and buffer. In response to a question from staff, Ms. Moffett stated the soccer field would be solely for use by the school. She stated it was her hope to have interschool competition on the site and the soccer field would be lighted. Ms. Moffett stated the first phase of construction would involve the southernmost building and one of the two northern buildings. Staff noted that there appeared to be a power line along the east perimeter of the site and no easement was shown on her survey. She was advised to have her surveyor double-check that issue. Landscape comments were presented and discussed. Ms. Moffett stated she would prefer to use a wrought -iron fence with landscaping to provide screening rather than a solid wood fence. The Committee felt that would provide a more aesthetic appearance. Public Works Comments were presented. The focus of the discussion centered on access to the site since Forest Lane is such a substandard street. It was noted that Ms. Moffett is obligated only to widen the street directly in front of her site. Staff informed the Commission that the north half of Forest Lane, from in front of this site west to Katillus Road, would be widened in conjunction with 3 FILE NO.: Z-7295 (Cont.) Phase IV of the residential plat proposed for the property north of Forest Lane. Several options were discussed including converting Forest Lane to one-way, requiring persons going to the Montessori School to utilize a one-way pattern while leaving the street itself open to two-way traffic and allowing Ms. Moffett to do some degree of widening of Forest Lane to Katillus Road in lieu of doing full street improvements in front of her site. She was advised to meet with staff. Ms. Moffett was advised to submit 4 copies of a revised site plan and responses to staff issues no later than noon, Wednesday September 18, 2002. The Committee determined there were. no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Chenal Valley Montessori School proposes to develop the wooded, R-2 zoned tract located on the south side of the 16,600 Block of Forest Lane as its new campus. The school will relocate from its current location on Taylor Loop Road. The applicant proposes to build three, one-story buildings on the site. Two buildings will be built in Phase 1; the rear building and one of the front buildings. The third building will be built in Phase 11. Parking, consisting of a single driveway and 31 parking spaces, will be built in Phase 1. The school will employ 6 full-time teachers and 10 part-time employees. Maximum enrollment will be 110 students, divided as follows; 66 preschool children (ages 3-6), 22 lower elementary children (ages 6-9) and 22 upper elementary children (ages 9-14). Regular school hours are 8:30 a.m. — 3:15 p.m., Monday through Friday. There is also a before and after school program. Parents can bring their children as early as 7:30 a.m. and pick them up as late as 6:00 p.m. The preschool program is divided into two, half-day programs; either 8:30 a.m. — 11: 15 a.m. or 8:30 a.m. — 12:00 p.m. A soccer, playfield will be located west and north of the school buildings. The rear building will contain a small gymnasium. The soccer and basketball programs are a part of the school's physical education program. The gym and soccer field will be used by the students during the school day. There are no plans for evening use. The soccer field will not be lighted. Low-level lighting is proposed at the entrance drive and along the parking areas. The applicant proposes to use the Cathedral School on Cantrell Road as a model for the Montessori School's front entrance. A brick and wrought iron fence will extend along the front property line. An arched, gated entrance with the school's name across the top will be located over the driveway. Playgrounds will be located south of the buildings. The sides and rear of the site will be enclosed by a 6 -foot tall, chain link fence. Screening along the perimeters of the site will consist of natural vegetation, both existing and new. 4 FILE NO.: Z-7295 (3ont.) Staff believes this is an appropriate location for this small school. A multiple building church campus is located adjacent to the east. Undeveloped property is adjacent to the south and a large, horse farm is located across Forest Lane to the north. A new, multi -lot subdivision has recently been approved for the property north of Forest Lane. That new subdivision "backs -up" to Forest Lane and has no access to Forest Lane. One single family home is directly adjacent to the west. Other single family properties have a rear yard relationship to the west side of the proposed campus. The homes on these deep lots are located nearer Katillus Road. On September 18, 2002, the applicant submitted an addendum to her cover letter and 4 copies of a revised site plan which addressed the issues raised at Subdivision Committee and noted in the analysis above. The buildings have been moved to provide a 9 foot buffer on the east side where the site is adjacent to the R-2 zoned church campus. A 7.5 -foot utility easement has been shown on that perimeter. The easement does infringe on the buffer between the school buildings and the church site. Since the adjacent property is developed as a multiple building church site, allowing the reduced buffer at that point should have no effect on the adjacent property. Signage will conform to office standards with the exception of the sign over the entry arch. The applicant has worked with the Public Works staff to address the issue of access to the site, since Forest Lane is a substandard street. In lieu of doing full, half -street improvements only in front of the school site, the applicant has offered to widen the entire half -street west to Katillus Road. The street widening will be to rural residential standard; open ditch. This is acceptable to Public Works since the terrain is fairly flat and at the crest of a small hill. The north side of Forest Lane will be widened with Phase IV of the previously mentioned preliminary plat. To staffs knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the r6quested conditional use permit subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined Sections 4, 5 and 6 of this report. 2. Compliance with the development plan outlined by the applicant in her cover letter and addendum. Staff recommends approval of the 9 -foot land use buffer on the east perimeter with the 7.5 foot utility easement. Staff also recommends approval of a variance to allow the signage over the gated archway entrance. Staff recommends approval of the street widening plan to allow a reduced, half -street section to be 5 FILE constructed in front of this site and west to Katillus Road, as proposed by the applicant. PLANNING COMMISSION ACTION, (OCTOBER 3, 2002) The applicant was present. There were several objectors present. Staff had received several telephone calls in opposition to the item. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff noted that the applicant had agreed to construct a -cul-de-sac or turn -around at the end of the driveway to create a better traffic flow on-site for drop-off/pick-up of children. Mike Hood, of Public Works, described the current condition of Forest Lane and explained the applicant's proposal to widen Forest Lane West to Katillus Road. Mr. Hood explained that there was 50 feet of right-of-way already in place, west to Katillus Road and there was likely no right-of-way in place, east to Taylor Loop Road. Chris Barrier, attorney for the applicant, addressed the Commission. He stated the school would comply with all staff comments and conditions. Mr. Barrier stated the school was "absolutely committed" to widen Forest Lane to 26 feet in front of the school and west to Katillus. He stated the school would work with the church adjacent to the east to explore the possibility of doing street widening east to Taylor Loop Road. Mr. Barrier stated the church had agreed to dedicate right- of-way. He described the drop-off/pick-up of children at the school as occurring at staggered times during the day, thus reducing peak hour traffic conflicts. Mr. Barrier stated there was no traffic pf6blem at the school's current location which has less stacking and drop-off/pick-up space. Mr. Barrier surmised that the proposed school would produce less traffic than if the site were developed as single family homes. Tom Holmes, of 12 Pine Manor Drive, stated he was a home builder in a nearby subdivision and he was concerned about increased traffic in the area, particularly on Forest Lane. Hal Kemp, representing Rick Ferguson developer of Valley Falls Estates, stated he did not feel the applicant had adequately addressed traffic issues. He voiced his client's concerns about traffic. Mr. Kemp stated the City's own ordinances required that schools be located on a collector street or higher classification street (Section 31-201(c)). He stated his client would not object to the school, if access was from Taylor Loop Road, not Katillus Road. Jim Swink, of 5011 S. Katillus, spoke of his proposed new residential development planned for the property north of Forest Lane. Mr. Swink voiced concerns about traffic and the compatibility of the school with this proposed development. 1.1 FILE NO.: Z-7295 (Cont.) Ricky Hunter, of 4611 S. Katillus Road, voiced concerns about noise, school activities, traffic and the proposed soccer field. James Matthews, of #7 Waterview Court, stated he was building a home in Valley Falls Estates and he was opposed to any use of the land for a school. He presented a letter in which he outlined his specific concerns. Doug Sherman, of #4 Waterview Court, also spoke of his concerns about traffic. Chairman Lowry asked Deputy City Attorney Steve Giles to comment on Mr. Kemp's interpretation of Section 31-201 (c). Mr. Giles responded that the Commission must determine if the proposed use was a "major traffic generator." Jim Lawson, Director of Planning and Development, stated the proposed school was not a major traffic problem either in number of vehicles or peak hour volume - He stated the City would be "hard-pressed" to require the widening of Forest Lane both to the west and the east. In response to a question from Commissioner Nunnley, Mr. Giles stated conditional uses go with the land. . Mr. Lawson commented that the conditional use could be limited to a Montessori School, exactly as described by the applicant and with whatever conditions imposed on the site deemed appropriate by the Commission. In response to questions raised by Commissioners Berry and Rahman, Mike Hood stated Katillus Road's traffic carrying capacity was 2,500 vehicles per day; there are no capital improvement plans to widen the road; it will be widened as adjacent properties are developed; that single family residences generate 10 trips per day and most traffic on Forest Lane travels west -to -east. Further comments were made regarding the appropriateness of widening Forest Lane, either to the east or to the west. Chris Barrier responded that Section 31-201(c) gives "examples" of traffic generators and is not a specific list.., He stated the Commission must take each application one at a time. Mr. Barrier stated that requiring the widening of Forest Lane to the east would negatively impact the church. He reiterated the school's commitment to wide Forest Lane to two lanes to the west and to continue discussions with the church about possible widening to the east. Mr. Barrier stated he did not feel it was appropriate to hold the school hostage when it is a low traffic generating use. He stated the conditional use was specifically for a Montessori School, with specific conditions and limits. Jim Dill, of 37 Durance Drive, voiced concern about the appearance of the proposed buildings. He expressed concerns about traffic and also presented a petition signed by many persons in opposition to the school. 7 FILE NO.: Z-7295 (Cont.) Doug Sherman reiterated his traffic concerns and stated he would not be opposed to the site developing as single family homes. There was a brief discussion of the level of improvements that would be made to Forest Lane if the subject property were developed as single family homes as opposed to the level of improvements to the street proposed by the applicant. A discussion ensued between Commissioner Berry, Hal Kemp and Doug Sherman regarding the widening of Forest Lane and the appropriateness of schools in residential neighborhoods. City Attorney Steve Giles addressed the issue of off-site street improvements. He stated the Commission has to look at issues including access to determine if a proposed conditional use is appropriate. He stated the Commission could determine that a site has such inadequate access that the proposed use should be denied. Mr. Giles stated that was a "back -door" approach to telling the applicant that access must be improved. Mr. Giles stated the Commission could not force the applicant to widen Forest Lane to the east because there was no right-of-way to the east (apparently) and other property owners would be involved. Commissioner Meyer asked if the Commission could vote on the issue, having not seen a site plan with the proposed turn -around. Mr. Lawson responded that the Commission often approved applications with conditions that resulted in a minor change to the site plan after the Commission meeting. Commissioner Rector commented that he had previously lived near a Montessori School, and he did not find it to be a problem. Commissioner Muse stated he could not vote on the issue without knowing how access to the site would be provided. Commissioner Faust commented that the Commission did know; that the road would be widened to 26 feet in width, west to Katillus. In response to a comment by Commissioner Rahman, Mr. Barrier showed photographs of the proposed buildings. A motion was made to approve the application, including all staff comments and conditions; including construction of a turn -around and widening Forest Lane to 26 feet in width, west to Katillus Road. The vote was 5 ayes, 5 noes and 1 absent. The motion failed. A October 3, 2002 ITEM NO.: 13 (Cont.) -FILE NO.: Z-7295 1. Compliance with the staff comments and conditions outlined Sections 4, 5 and 6 of this report. 2. Compliance with the development plan outlined by the applicant in her cover letter and addendum. Staff recommends approval of the 9 -foot land use buffer on the east perimeter with the 7.5 foot utility easement. Staff also recommends approval of a variance to allow the signage over the gated archway entrance. Staff recommends approval of the street widening plan to allow a reduced, half -street section to be constructed in front of this site and west to Katillus Road, as proposed by the applicant. PLANNING COMMISSION ACTION: (OCTOBER 3, 2002) The applicant was present. There were several objectors present. Staff had received several telephone calls in opposition to the item. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff noted that the applicant had agreed to construct a cul-de-sac or turn -around at the end of the driveway to create a better traffic flow on. -site for drop-off/pick-up of children. Mike Hood, of Public Works, described the current condition of Forest Lane and explained the applicant's proposal to widen Forest Lane West to Katillus Road. Mr. Hood explained that there was 50 feet of right-of-way already in place, west to Katillus Road and there was likely no right-of-way in place, east to Taylor Loop Road. Chris Barrier, attorney for the applicant, addressed the Commission. He stated the school would comply with all staff comments and conditions. Mr. Barrier stated the school was "absolutely c6mmifted" to widen Forest Lane to 26 feet in front of the school and west to Katillus. He stated the school would work with the church adjacent to the east to explore the possibility of doing street widening east to Taylor Loop Road. Mr. Barrier stated the church had agreed to dedicate right-of-way. He described the drop-off/pick-up of children at the school as occurring at staggered times during the day, thus reducing peak hour traffic conflicts. Mr. Barrier stated there was no traffic problem at the school's current location which has less stacking and drop-off/pick-up space. Mr. Barrier surmised that the proposed school would produce less traffic than if the site were developed as single family homes. Tom Holmes, of 12 Pine Manor Drive, stated he was a home builder in a nearby subdivision and he was concerned about increased traffic in the area, particularly on Forest Lane. October 3, 2002 ITEM NO.: 13 (Cont.) FILE NO.: Z-7295 Hal Kemp, representing Rick Ferguson developer of Valley Falls Estates, stated he did not feel the applicant had adequately addressed traffic issues. He voiced his client's concerns about traffic. Mr. Kemp stated the City's own ordinances required that schools be located on a collector street or higher classification street (Section 31-201 (c)). He stated his client would not object to the school, if access was from Taylor Loop Road, not Katillus Road. Jim Swink, of 5011 S. Katiflus, spoke of his proposed new residential development planned for the property north of Forest Lane. Mr. Swink voiced concerns about traffic and the compatibility of the school with this proposed development. Ricky Hunter, of 4611 S. Katillus Road, voiced concerns about noise, school activities, traffic and the proposed soccer field. James Matthews, of #7 Waterview Court, stated h ' e was building a home in Valley Falls Estates and he was opposed to any use of the land for a school. He presented a letter in which he outlined his specific concerns. Doug Sherman, of #4 Waterview Court, also spoke of his concerns about traffic. Chairman Lowry asked Deputy City Attorney Steve Giles to comment on Mr. Kemp's interpretation of Section 31-201 (c). Mr. Giles responded that the Commission must determine if the proposed use was a "major traffic generator." Jim Lawson, Director of Planning and Development, stated the proposed school was not a major traffic problem either in number of vehicles or peak hour volume. He stated the City would be "hard-pressed" to require the widening of Forest Lane both to the west and the east. In response to a question from Commissioner Nunnley, Mr. Giles stated conditional uses go with the land. Mr. Lawson commented that the conditional use could be limited to a Montessori School, exactly as described by the applicant and with whatever conditions imposed on the site deemed appropriate by the Commission. In response to questions raised by Commissioners Berry and Rahman, Mike Hood stated Katillus Road's traffic carrying capacity was 2,500 vehicles per day; there are no capital improvement plans to widen the road; it will be widened as adjacent properties are developed; that single family residences generate 10 trips per day and most traffic on Forest Lane travels west -to -east. Further comments were made regarding the appropriateness of widening Forest Lane, either to the east or to the west. 7 October 3, 2002 ITEM NO.: 13 (Cont FILE NO.: Z-7295 Chris Barrier responded that Section 31-201 (c) gives "examples" of traffic generators and is not a specific list. He stated the Commission must take each application one at a time. Mr. Barrier stated that requiring the widening of Forest Lane to the east would negatively impact the church. He reiterated the school's commitment to wide Forest Lane to..two lanes to the west and to continue discussions with the church about possible widening to the east. Mr. Barrier stated he did not feel it was appropriate to hold the school hostage when it is a low traffic generating use. He stated the conditional use was specifically for a Montessori School, with specific conditions and limits. Jim Dill, of 37 Durance Drive, voiced concern about the appearance of the proposed buildings. He expressed concerns about traffic and also presented a petition signed by many persons in opposition to the school. Doug Sherman reiterated his traffic concerns and stated he would not be opposed to the site developing as single family homes. There was a brief discussion of the level of improvements that would be made to Forest Lane if the subject property were developed as single family homes as opposed to the level of improvements to the street proposed by the applicant. A discussion ensued between Commissioner Berry, Hal Kemp and Doug Sherman regarding the widening of Forest Lane and the appropriateness of schools in residential neighborhoods. City Attorney Steve Giles addressed the issue of off-site street improvements. He stated the Commission has to look at issues including access to determine if a proposed conditional use is appropriate. He stated the Commission could determine that a site has such inadequate access that the proposed use should be denied. Mr. Giles stated that was a "back -door" approach to telling the applicant that access must be improved. Mr. Giles stated the Commission could not force the applicant to widen Forest Lane to the east because there was no right-of-way to the east (apparently) and other property owners would be involved. Commissioner Meyer asked if the Commission could vote on the issue, having not seen a site plan with the proposed turn -around. Mr. Lawson responded that the Commission often approved applications with conditions that resulted in a minor change to the site plan after the Commission meeting. Commissioner Rector commented that he had previously lived near a Montessori School, and he did not find it to be a problem. Commissioner Muse stated he could not vote on the issue without knowing how access to the site would be provided. Commissioner Faust commented that the October 3, 2002 ITEM NO.: 13 (Cont.) FILE NO.: Z-7295 Commission did know; that the road would be widened to 26 feet in width, west to Katillus. In response to a comment by Commissioner Rahman, Mr. Barrier showed photographs of the proposed buildings. A motion was made to approve the application, including all staff comments and conditions; including construction of a turn -around and widening Forest Lane to 26 feet in width, west to Katillus Road. The vote was 5 ayes, 5 noes and 1 absent. The motion failed. October 3, 2002 ITEM NO.: 13 FILE NO.: Z-7295 NAME: Chenal Valley Montessori School — Conditional Use Permit LOCATION: 16,600 Block of Forest Lane, south side OWNER/APPLICANT: Little Rock Paper Company/Dorothy Moffett PROPOSAL: A conditional use permit is requested to allow for development of a Montessori School campus on this undeveloped, R-2 zoned 5 acre tract. ORDINANCE DESIGN STANDARDS: SITE LOCATION: The property is located on the south side of Forest Lane, midway between Taylor Loop Road and Katillus Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is quickly developing with new single family homes. The large tract across Forest Lane to the north was recently approved for redevelopment as a single family subdivision. Older, single family homes'are directly adjacent to the west. Valley Falls Estates, a large, new single family subdivision is being developed further to the west and south. A church occupies the large, R-2 zoned tract adjacent to the east. With proper attention to issues such as landscaping and screening, this relatively small school should be compatible with surrounding uses. The primary issue of concern appears to be access to the site. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Johnson Ranch and Westchester Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The applicant proposes to access the site via a single driveway off of Forest Lane. A total of 31 on4te parking spaces are proposed. The school is proposed to have 16 employees; 6 full-time and 10 part-time. Sixteen parking spaces are required for the employees. The enrollment of the school is 110 students divided as follows; 66 preschool (ages 3-6), 22 October 3, 2002 ITEM NO.: 13 (Cont.) FILE NO.: Z-7295 lower elementary (ages 6-9) and 22 upper elementary (ages (9-14). The 15 remaining parking spaces exceed the number required by the code for a school with the student population proposed. 4. SCREENING AND BUFFERS: Portions of the proposed land use buffer along the eastern perimeter drop below the nine (9) foot minimum width allowed at any given point. The average land use buffer width required along the eastern perimeter is twenty (20) feet. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings is required to help screen this property from the residential properties to the east, south, and west. An irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved Landscape Plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible. Extra credit toward fulfilling landscape ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1 . Forest Lane is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 3. All driveways shall be concrete aprons per City Ordinance. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. 6. Easements for proposed stormwater detention facilities are required. 7. Show estimated storm flows (Q) and direction of flow for watercourses entering and leaving the property. 8. The existing minimum paVement width of Forest Lane is 13'which does not meet standards for the two way traffic that will be generated by the proposed school. Provide a solution to access problems. 2 October 3, 2002 ITEM NO.: 13 (Cont.) FILE NO.: Z-7295 ( 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements if service is required for project. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: No Comments received. Water: A Capital Investment Charge base on the size of the meter applies in this area in addition to normal connection fees. 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. Fire Department: Place fire hydrants per code. County Planning: No Comment. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 12,2002) Dorothy Moffett was present representing the application. Staff presented the item and noted that additional information was needed regarding: signage, number of employees, number of students by pre-school and elementary age, days and hours of operation, site lighting (especially the soccer field), fencing and phasing of construction. Staff noted that the buildings along the east perimeter needed to be moved farther from the property line to provide the required setback and buffer. In response to a question from staff, Ms. Moffett stated the soccer field would be solely for use by the school. She stated it was her hope to have interschool competition on the site and the soccer field would be lighted. Ms. Moffett stated the first phase of construction would involve the southernmost building and one of the two northern buildings. Staff noted that there appeared to be a power line along the east perimeter of the site and no easement was shown on her survey. She was advised to have her surveyor double-check that issue. Landscape comments were presented and discussed. Ms. Moffett stated she would prefer to use a wrought -iron fence with landscaping to provide screening October 3, 2002 ITEM NO.- 13 (Cont.) FILE NO.: Z-7295 rather than a solid wood fence. The Committee felt that would provide a more aesthetic appearance. Public Works Comments were presented. The focus of the discussion centered on access to the site since Forest Lane is such a substandard street. It was noted that Ms. Moffett is obligated only to widen the street directly in front of her site. Staff informed the Commission that the north half of Forest Lane, from in front of this site west to Katillus Road, would be widened in conjunction with Phase IV of the residential plat proposed for the property north of Forest Lane. Several options were discussed including converting Forest Lane to one-way, requiring persons going to the Montessori School to utilize a one-way pattern while leaving the street itself open to two-way traffic and allowing Ms. Moffett to do some degree of widening of Forest Lane to Katillus Road in lieu of doing full street improvements in front of her site. She was advised to meet with staff. Ms. Moffett was advised to submit 4 copies of a revised site plan and responses to staff issues no later than noon, Wednesday September 18, 2002. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Chenal Valley Montessori School proposes to develop the wooded, R-2 zoned tract located on the south side of the 16,600 Block of Forest Lane as its new campus. The school will relocate from its current location on Taylor Loop Road. The applicant proposes to build three, one-story buildings on the site. Two buildings will be built in Phase 1; the rear building and one of the front buildings. The third building will be built in Phase 11. Parking, consisting of a single driveway and 31 parking spaces, will be built in Phase 1. The school will employ 6 full-time teachers and 10 part-time employees. Maximum enrollment will be 110 students, divided as follows; 66 preschool children (ages 3-6), 22 lower elementary children (ages 6-9) and 22 upper elementary children (ages 9-14). Regular school hours are 8:30 a.m. — 3:15 p.m., Monday through Friday. There is also a before and after school program. Parents can bring their children as early as 7:30 a.m. and pick them up as late as 6:00 p.m. The preschool program is divided into two, half-day programs; either 8:30 a.m. — 11:15 a.m. or 8:30 a.m". — 12:00 p.m. A soccer, playfield will be located west and north of the school buildings. The rear building will contain a small gymnasium. The soccer and basketball programs are a part of the school's physical education program. The gym and soccer field will be used by the students during the school day. There are no plans for evening use. The soccer field will not be lighted. Low-level lighting is proposed at the entrance drive and along the parking areas. !H October 3, 2002 ITEM NO.: 13 FILE NO.: Z-729 The applicant proposes to use the Cathedral School on Cantrell Road as a model for the Montessori School's front entrance. A brick and wrought iron fence will extend along the front property line. An arched, gated entrance with the school's name across the top will be located over the driveway. Playgrounds will be located south of the buildings. The sides and rear of the site will be enclosed by a 6 -foot tall, chain link fence. Screening along the perimeters of the site will consist of natural vegetation, both existing and new. Staff believes this is an appropriate location for this small school. A multiple building church campus is located adjacent to the east. Undeveloped property is adjacent to the south and a large, horse farm is located across Forest Lane to the north. A new, multi -lot subdivision has recently been approved for the property north of Forest Lane. That new subdivision "backs -up" to Forest Lane and has no access to Forest Lane. One single family home is directly adjacent to the west. Other single family properties have a rear yard relationship to the west side of the proposed campus. The homes on these deep lots are located nearer Katillus Road. On September 18, 2002, the applicant submitted an addendum to her cover letter and 4 copies of a revised site plan which addressed the issues raised at Subdivision Committee and noted in the analysis above. The buildings have been moved to provide a 9 foot buffer on the east side where the site is adjacent to the R-2 zoned church campus. A 7.5 -foot utility easement has been shown on thatperimeter. The easement does.- infringe on the buffer between the school buildings and the church site. Since the adjacent property is developed as a multiple building church site, allowing the reduced buffer at that point should have no effect on the adjacent property. Signage will conform to office standards with the exception of the sign over the entry arch. The applicant has worked with the Public Works staff to address the issue of access to the site, since Forest Lane is a substandard street. In lieu of doing full, half -street improvements only in front of the school site, the applicant has offered to widen the entire half -street west to Katillus Road. The street widening will be to rural residential standard; open ditch. This is acceptable to Public Works since the terrain is fairly flat and at the crest of a small hill. The north side of Forest Lane will be widened with Phase IV of the previously mentioned preliminary plat. To staffs knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: "I February 20, 2003 ITEM NO.: E FILE NO.: Z-7295 NAME: Chenal Valley Montessori School — Conditional Use Permit LOCATION: 16,600 Block of Forest Lane, south side OWN ER/APP Ll CANT: Little Rock Paper Company/Dorothy Moffett PROPOSAL.- A conditional use permit is requested to allow for development of a Montessori School campus on this undeveloped, R-2 zoned 5 acre tract. ORDINANCE DESIGN STANDARDS - 1 . SITE LOCATION: 2 The property is located on the south side of Forest Lane, midway between Taylor Loop Road and Katillus Road. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is quickly developing with new single family homes. The large tract across Forest Lane to the north was recently approved for redevelopment as a single family subdivision. Older, single family homes are directly adjacent to the west. Valley Falls Estates, a large, new single family subdivision is being developed further to the west and south. A church occupies the large, R-2 zoned tract adjacent to the east. With proper attention to issues such as landscaping and screening, this relatively small school should be compatible with surrounding uses. The primary issue of concern appears to be access to the site. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Johnson Ranch and Westchester Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The applicant proposes to access the site via a single driveway off of Forest Lane. A total of 31 on-site parking spaces are proposed. The school is proposed to have 16 employees; 6 full-time and 10 part-time. Sixteen parking spaces are required for the employees. The enrollment of the school is 110 students divided as follows; 66 preschool (ages 3-6), 22 February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 lower elementary (ages 6-9) and 22 upper elementary (ages (9-14). The 15 remaining parking spaces exceed the number required by the code for a school with the student population proposed. 4. SCREENING AND BUFFERS: Portions of the proposed land use buffer along the eastern perimeter drop below the nine (9) foot minimum width allowed at any given point. The average land use buffer width required along the eastern perimeter is twenty (20) feet. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings is required to help screen this property from the residential properties to the east, south, and west. An irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved Landscape Plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible. Extra credit toward fulfilling landscape ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1 . Forest Lane is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 3. All driveways shall be concrete aprons per City Ordinance. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. 6. Easements for proposed stormwater detention facilities are required. 7. Show estimated storm flows (Q) and direction of flow for water courses entering and leaving the property. 8. The existing minimum pavement width of Forest Lane is 13'which does not meet standards for the two way traffic that will be generated by the proposed school. Provide a solution to access problems. 2 February 20, 2003 M NO.: E (Cont. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS,: FILE NO.: Z-7295 Wastewater: Sewer main extension required with easements if service is required for project. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: No Comments received. Water: A Capital Investment Charge base on the size of the meter applies in this area in addition to normal connection fees. 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. Fire Department: Place fire hydrants per code. County Planning: No Comment. CATA: The site is not located on a CATA Bus Route - SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 12,2002) Dorothy Moffett was present representing the application. Staff presented the item and noted that additional information was needed regarding: signage, number of employees, number of students by pre-school and elementary age, days and hours of operation, site lighting (especially the soccer field), fencing and phasing of construction. Staff noted that the buildings along the east perimeter needed to be moved farther from the property line to provide the required setback and buffer. In response to a question from staff, Ms. Moffett stated the soccer field would be solely for use by the school. She stated it was her hope to have interschool competition on the site and the soccer field would be lighted. Ms. Moffett stated the first phase of construction would involve the southernmost building and one of the two northern buildings. Staff noted that there appeared to be a power line along the east perimeter of the site and no easement was shown on her survey. She was advised to have her surveyor double-check that issue. Landscape comments were presented and discussed. Ms. Moffett stated she would prefer to use a wrought -iron fence with landscaping to provide screening Q February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 rather than a solid wood fence. The Committee felt that would provide a more aesthetic appearance. Public Works Comments were presented. The focus of the discussion centered on access to the site since Forest Lane is such a substandard street. It was noted that Ms. Moffett is obligated only to widen the street directly in front of her site. Staff informed the Commission that the north half of Forest Lane, from in front of this site west to Katillus Road, would be widened in conjunction with Phase IV of the residential plat proposed for the property north of Forest Lane. Several options were discussed including converting Forest Lane to one-way, requiring persons going to the Montessori School to utilize a one-way pattern while leaving the street itself open to two-way traffic and allowing Ms. Moffett to do some degree of widening of Forest Lane to Katillus Road in lieu of doing full street improvements in front of her site. She was advised to meet with staff. Ms. Moffett was advised to submit 4 copies of a revised site plan and responses to staff issues no later than noon, Wednesday September 18, 2002. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS- Chenal Valley Montessori School proposes to develop the wooded, R-2 zoned tract located on the south side of the 16,600 Block of Forest Lane as its new campus. The school will relocate from its current location on Taylor Loop Road. The applicant proposes to build three, one-story buildings on the site. Two buildings will be built in Phase 1; the rear building and one of the front buildings. The third building will be built in Phase 11. Parking, consisting of a single driveway and 31 parking spaces, will be built in Phase 1. The school will employ 6 full-time teachers and 10 part-time employees. Maximum enrollment will be 110 students, divided as follows; 66 preschool children (ages 3-6), 22 lower elementary children (ages 6-9) and 22 upper elementary children (ages 9-14). Regular school hours are 8:30 a.m. — 3:15 p.m., Monday through Friday. There is also a before and after school program. Parents can bring their children as early as 7:30 a.m. and pick them up as late as 6:00 p.m. The preschool program is divided into two, half-day programs; either 8:30 a.m. — 11:15 a.m. or 8:30 a.m. — 12:00 p.m. A soccer, playfield will be located west and north of the school buildings. The rear building will contain a small gymnasium. The soccer and basketball programs are a part of the school's physical education program. The gym and soccer field will be used by the students during the school day. There are no plans for evening use. The soccer field will not be lighted. Low-level lighting is proposed at the entrance drive and along the parking areas. 51 February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 The applicant proposes to use the Cathedral School on Cantrell Road as a model for the Montessori School's front entrance. A brick and wrought iron fence will extend along the front property line. An arched, gated entrance with the school's name across the top will be located over the driveway. Playgrounds will be located south of the buildings. The sides and rear of the site will be enclosed by a 6 -foot tall, chain link fence. Screening along the perimeters of the site will consist of natural vegetation, both existing and new. Staff believes this is an appropriate location for this small school. A multiple building church campus is located adjacent to the east. Undeveloped property is adjacent to the south and a large, horse farm is located across Forest Lane to the north. A new, multi -lot subdivision has recently been approved for the property north of Forest Lane. That new subdivision "backs -up" to Forest Lane and has no access to Forest Lane. One single family home is directly adjacent to the west. Other single family properties have a rear yard relationship to the west side of the proposed campus. The homes on these deep lots are located nearer Katillus Road. On September 18, 2002, the applicant submitted an addendum to her cover letter and 4 copies of a revised site plan which addressed the issues raised at Subdivision Committee and noted in the analysis above. The buildings have been moved to provide a 9 foot buffer on the east side where the site is adjacent to the R-2 zoned church campus. A 7.5 -foot utility easement has been shown on that perimeter. The easement does infringe on the buffer between the school buildings and the church site. Since the adjacent property is developed as a multiple building church site, allowing the reduced buffer at that point should have no effect on the adjacent property. Signage will conform to office standards with the exception of the sign over the entry arch. The applicant has worked with the Public Works staff to address the issue of access to the site, since Forest Lane is a substandard street. In lieu of doing full, half -street improvements only in front of the school site, the applicant has offered to widen the entire half -street west to Katillus Road. The street widening will be to rural residential standard; open ditch. This is acceptable to Public Works since the terrain is fairly flat and at the crest of a small hill. The north side of Forest Lane will be widened with Phase IV of the previously mentioned preliminary plat. To staff's knowledge, there are no outstanding issues. FF RECOMMENDATION - Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 5 February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 1. Compliance with the staff comments and conditions outlined Sections 4, 5 and 6 of this report. 2. Compliance with the development plan outlined by the applicant in her cover letter and addendum. Staff recommends approval of the 9 -foot land use buffer on the east perimeter with the 7.5 foot utility easement. Staff also recommends approval of a variance to allow the signage over the gated archway entrance. Staff recommends approval of the street widening plan to allow a reduced, half -street section to be constructed in front of this site and west to Katillus Road, as proposed by the applicant. PLANNING COMMISSION ACTION: (OCTOBER 3, 2002) The applicant was present. There were several objectors present. Staff had received several telephone calls in opposition to the item. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff noted that the applicant had agreed to construct a cul-de-sac or turn -around at the end of the, driveway to create a better traffic flow on-site for drop-off/pick-up of children. Mike Hood, of Public Works, described the current condition of Forest Lane and explained the applicant's proposal to widen Forest Lane West to Katillus Road. Mr. Hood explained that there was 50 feet of right-of-way already in place, west to Katillus Road and there was likely no right-of-way in place, east to Taylor Loop Road. Chris Barrier, attorney for the applicant, addressed the Commission. He stated the school would comply with all staff comments and conditions. Mr. Barrier stated the school was "absolutely committed" to widen Forest Lane to 26 feet in front of the school and west to Katillus. He stated the school would work with the church adjacent to the east to explore the possibility of doing street widening east to Taylor Loop Road. Mr. Barrier stated the church had agreed to d , edicate right-of-way. He described t ' he drop-off/pick-up of children at the school as occurring at staggered times during the day, thus reducing peak hour traffic conflicts. Mr. Barrier stated there was no traffic problem at the school's current location which has less stacking and drop-off/pick-up space. Mr. Barrier surmised that the proposed school would produce less traffic than if the site were developed as single family homes. Tom Holmes, of 12 Pine Manor Drive, stated he was a home builder in a nearby subdivision and he was concerned about increased traffic in the area, particularly on Forest Lane. X February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 Hal Kemp, representing Rick Ferguson developer of Valley Falls Estates, stated he did not feel the applicant had adequately addressed traffic issues. He voiced his client's concerns about traffic. Mr. Kemp stated the City's own ordinances required that schools be located on a collector street or higher classification street (Section 31-201 (c)). He stated his client would not object to the school, if access was from Taylor Loop Road, not Katillus Road. Jim Swink, of 5011 S. Katillus, spoke of his proposed new residential development planned for the property north of Forest Lane. Mr. Swink voiced concerns about traffic and the compatibility of the school with this proposed development. Ricky Hunter, of 4611 S. Katillus Road, voiced concerns about noise, school activities, traffic and the proposed soccer field. James Matthews, of #7 Waterview Court, stated he was building a home in Valley Falls Estates and he was opposed to any use of the land for a school. He presented a letter in which he outlined his specific concerns. Doug Sherman, of #4 Waterview Court, also spoke of his concerns about traffic. Chairman Lowry asked Deputy City Attorney Steve Giles to comment on Mr. Kemp's interpretation of Section 31-201 (c). Mr. Giles responded that the Commission must determine if the proposed use was a "major traffic generator." Jim Lawson, Director of Planning and Development, stated the proposed school was not a major traffic problem either in number of vehicles or peak hour volume. He stated the City would be "hard-pressed" to require the widening of Forest Lane both to the west and the east. In response to a question from Co ' mmissioner Nunnley, Mr. Giles stated conditional uses go with the land. Mr. Lawson commented that the conditional use could be limited to a Montessori School, exactly as described by the applicant and with whatever conditions imposed on the site deemed appropria-te by the Commission. In response to questions raised by Commissioners Berry and Rahman, Mike Hood stated Katillus Road's traffic carrying capacity was 2,500 vehicles per day; there are no capital improvement plans to widen the road; it will be widened as adjacent properties are developed; that single family residences generate 10 trips per day and most traffic on Forest Lane travels west -to -east. Further comments were made regarding the appropriateness of widening Forest Lane, either to the east or to the west. 7 February 20, 2003 17EM NO.: E (Cont.) FILE NO.: Z-7295 Chris Barrier responded that Section 31-201(c) gives "examples" of traffic generators and is not a specific list. He stated the Commission must take each application one at a time. Mr. Barrier stated that requiring the widening of Forest Lane to the east would negatively impact the church. He reiterated the school's commitment to wide Forest Lane to two lanes to the west and to continue discussions with the church about possible widening to the east. Mr. Barrier stated he did not feel it was appropriate to hold the school hostage when it is a low traffic generating use. He stated the conditional use was specifically for a Montessori School, with specific conditions and limits. Jim Dill, of 37 Durance Drive, voiced concern about the appearance of the proposed buildings. He expressed concerns about traffic and also presented a petition signed by many persons in opposition to the school. Doug Sherman reiterated his traffic concerns and stated he would not be opposed to the site developing as single family homes. There was a brief discussion of the level of improvements that would be made to Forest Lane if the subject property were developed as single family homes as opposed to the level of improvements to the street proposed by the applicant. A discussion ensued between Commissioner Berry, Hal Kemp and Doug Sherman regarding the widening of Forest Lane and the appropriateness of schools in residential neighborhoods. City Attorney Steve Giles addressed the issue of off-site street improvements. He stated the Commission has to look at issues including access to determine if a proposed conditional use is appropriate. He stated the Commission could determine that a site has such inadequate access that the proposed use should be denied. Mr. Giles stated that was a "back -door" approach to telling the applicant that access must be improved. Mr. Giles stated the Commission could not force the applicant to widen Forest Lane to the east because there was no right-of-way to the east (apparently) and other property owners would be involved. Commissioner Meyer asked if the Commission could vote on the issue, having not seen a site plan with the proposed turn -around. Mr. Lawson responded that the Commission often approved applications with conditions that resulted in a minor change to the site plan after the Commission meeting. Commissioner Rector commented that he had previously lived near a Montessori School, and he did not find it to be a problem. Commissioner Muse stated he could not vote on the issue without knowing how access to the site would be provided. Commissioner Faust commented that the 1.1 February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 Commission did know; that the road would be widened to 26 feet in width, west to Katillus. In response to a comment by Commissioner Rahman, Mr. Barrier showed photographs of the proposed buildings. A motion was made to approve the application, including all staff comments and conditions; including construction of a turn -around and widening Forest Lane to 26 feet in width, west to Katillus Road. The vote was 5 ayes, 5 noes and 1 absent. The motion failed. STAFF UPDATE: The applicant appealed the denial to the Board of Directors. Prior to the Board meeting, the application was amended. The amendment included two substantial changes from the plan acted on by the Commission. The plan has been "flipped"; placing the soccer field on the east side of the property, adjacent to the church property and away from the residential property to the west. The second major change is the applicant's proposal to widen Forest Lane eastward to Taylor Loop Road rather than west to Katillus Road. Other changes include the addition of a cul-de-sac incorporated into the driveway to provide better circulation on the site and an increase in enrollment from 110 students to 115. The applicant has offered the following conditions to be made part of the application: 1. Improve Forest Lane to Taylor Loop to City residential standards with 22 feet of pavement, and two foot shoulders on each side and curb, sidewalk and gutter along the perimeter of the applicant's property. 2. Internal circulation subject to City approval with regard to access for emergency vehicles. 3. Soccer field and playgrounds not to be lighted. 4. Student enrollment to be limited to 115 students aged 3 to 14, pre-school, primary and elementary grades, in a Montessori program. 5. Construction to exclude manufactured buildings with external metal, conventional stucco, or conventional cinder block; external surfaces to be brick, lap siding and/or decorative pre -cast concrete or similar material, with membrane, metal standing seam, shingle, or similar roofs. (illustrative elevation attached.) Also, no chain-link fencing within fifteen feet (15) of right-of-way. 9 February 20, 2003 ITEM NO.: E (Cont.) FILE NO.: Z-7295 6. Buildings sited in substantial conformity with attached illustrative site plan. 7. Landscaping buffer plan subject to staff approval, including credit for preserved trees. 8. Improved site irrigation and storm water detention plans subject to staff approval. At is January 21, 2003 meeting, the Board of Directors determined that the current application varied from that reviewed by the Planning Commission and, consequently, remanded the issue to the Commission for a public hearing and further review. All persons who filled out cards at either the Planning Commission or Board of Directors meeting were notified of the February 20, 2003 Commission hearing. STAFF RECOMMENDATIQN� Staff recommends approval of the revised application subject to compliance with the previous conditions outlined in Sections 4, 5 and 6 of this report and compliance with the additional conditions submitted by the applicant as outlined. in the "Staff Update". PLANNING COMMISSION ACTION: (FEBRUARY 20, 2003) The applicant was present. There were several objectors and supporters present. Staff presented the item and noted the conditions offered by the applicant. Staff noted that a revised site plan had been presented two days prior to the meeting. Staff commented that the revisions to the site plan were relatively minor. Staff recommended approval of the application subject to compliance with the previous conditions outlined in Sections 4, 5 and 6 of this report and compliance with the additional conditions submitted by the applicant. Pastor Allen Emerson, of Maumelle Assembly of God Church, spoke of his concerns with the nature of the road widening to take place adjacent to the church. He stated he felt building the road without curb, gutter and sidewalk would create drainage problems for the church and a safety issue for children. During the ensuing discussion of the nature of the proposed street improvements, Jim Lawson Director of Planning stated the school had agreed to do off-site street improvements and staff did not feel it was reasonable to require full improvements. 10 February 20, 2003 TEd NO.- E (Cont.) FILE NO.: Z - Chairman Nunn1ey asked if the City could get an in -lieu contribution for future sidewalk constrUGfion. Mr. Lawson reiterated that the City could not require off- site improvements. Deputy City Attorney Steve Giles stated that the City would be on shaky legal ground if off-site improvements were required. In response to a question from Commissioner Rahman, Mike Hood of Public Works stated the'design of the street would have to be such that it did not create drainage problems. Chris Barrier, the applicant's attorney, stated the school had pledged to the church that the road design would address drainage, curb cuts and pedestrian issues. Kerrie Keith, of 26 Portland Road and the parent of a child in the Montessori School, spoke in support of the application. She presented several photographs of the existing school site and the proposed new site. Matt Warner, of 7 Chambard Lane, spoke in opposition. Jason Sims, owner of B & H Construction, spoke of his concerns about traffic issues and his fear of future expansion of the school. Jan Sherman, of 4 Waterview Court, chose not to speak. David Dill, of 8 Waterview Court, stated he was not opposed to the school but was opposed to it being located on Forest Lane. He also expressed concerns about traffic. Kim Dill, of 8 Waterview Court, also spoke of traffic concerns. Ms. Keith stated the parents would be instructed to use Taylor Loop Road, not Katillus Road. Mike Hood stated the school was not a huge traffic generator. He stated traffic related to the school was spread throughout the day.. Mr. Hood said the City's concern of adequate access to the school had been addressed. A motion was made to approve the conditional use permit subject to compliance with all staff comments and conditions. Commissioner Muse asked why the number of parking spaces had been increased over the previous plan. Ms. Keith responded that there were several programs during the year, when all of the parents attend, that create the need for the parking. A vote was then taken on the motion. The motion was approved by a vote of 10 ayes, 0 noes and I absent. 11