HomeMy WebLinkAboutZ-7876-A Staff AnalysisFebruary 5, 2009
ITEM NO.: 7 FILE NO.: Z -7876-A
NAME: Parrott Bay Pools Short -form PD -C
LOCATION: located on the Southwest corner of Stagecoach Road and Sibley Hole Road and East of
1-430
DEVELOPER:
Parrott Bay Pools LLC
2020 Canal Point
Little Rock, AR 72202
FNC,INFFR-
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 0.82 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Swimming Pool Sales and Outdoor Display
PROPOSED ZONING: PD -C
PROPOSED USE
Swimming Pool Sales and Outdoor Display
VARIANCES/WAIVERS REQUESTED: A deferral of the required street improvements to Sibley Hole
Road.
BACKGROUND:
Ordinance No. 19,370 adopted by the Little Rock Board of Directors on August 1, 2005, rezoned the
site from R-2, Single-family to PCD to allow the outdoor display of swimming pools. A building
containing 4,000 square feet and ten (10) parking spaces were approved. The days and hours of
operation were from 8:00 am to 5:30 pm Monday through Saturday. Ordinance No. 19,371 adopted
by the Board of Directors on August 1, 2005, allowed for deferral of the required street improvements
to Sibley Hole Road.
Per Section 36-454(e), the applicant shall have three (3) years from the date of passage of the
ordinance approving the preliminary approval to submit the final development plan. Requests for
extensions of time shall be submitted in writing to the Planning Commission which may grant one (1)
extension of not more than two (2) years. Time extensions shall be applied for by formal written
request not less than ninety days prior to the first expiration date. Failure of the applicant to file a
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.
FILE NO.: Z -7876-A
timely extension shall be cause for revocation of the PUD as provided in the ordinance. The
applicant failed to request a time extension as ,required per the ordinance and is now seeking to
establish the PD -C zoning to allow swimming pool sales with outdoor display. There are no other
uses proposed.
A. 'PROPOSAL/REQUEST:
A single building is proposed containing 4,000 square feet and the site plan indicates ten (10)
parking spaces. The development is proposed in two (2) phases. The building and parking
area will take place in the first phase. The outdoor display area will be constructed in the
second phase. The days and hours of operation are from 8:00 am to 5:30 pm Monday through
Saturday as in the original approval.
The applicant is seeking a deferral of the boundary street ordinance requirements for Sibley
Hole Road as approved in the original PCD request.
B. EXISTING CONDITIONS:
The site is a vacant cleared site. To the south of the site is a property zoned PCD containing a
plant nursery. To the north and west of the site is public right of way for 1-430. East of the site
is a large wooded tract zoned C-2, Shopping Center District. Sibley Hole Road is a narrow
unimproved road dead -ending south of this site.
C. NEIGHBORHOOD COMMENTS:
Southwest Little Rock United for Progress, all property owners located within 200 -feet of the
site and all residents, who could be identified, located within 300 feet of the site were notified
of the public hearing. As of this writing staff has not received any comment from area
residents.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Due to the proposed use of the property, the Master Street Plan specifies that Sibley Hole
Road for the frontage of this property must meet commercial street standards. Dedicate
right-of-way to 30 feet from centerline.
2. With site development, provide the design of the street conforming to the Master Street
Plan. Construct one-half street improvement to Sibley Hole Road including 5 -foot
sidewalks with the planned development. The new back of curb should be located 18 feet
from centerline.
3. 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.
4. Storm water detention ordinance applies to this property. Show the proposed location for
KA
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.
FILE NO.: Z -7876-A
storm water detention facilities on the plan.
5. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the
Arkansas Department of Environmental Quality prior to the start of construction.
6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to
construction.
7. Provide existing topographic information at maximum five-foot contour interval. Show the
limits of the 100 -year floodway and floodplain.
8. A minimum Finish Floor Elevation of at least one (1) foot above the base flood elevation is
required to be shown on plat and grading plans.
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for
approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of
occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information.
10. Plans of all work in right-of-way shall be submitted for approval prior to start of work.
Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering
at (501) 379-1805 (Travis Herbner).
11. The east property line should be better defined on the plan. That portion of the site's
driveway that extends south must be removed if located in the right-of-way.
12. All driveways shall be concrete aprons per City Ordinance.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project. A private force
main system will not allowed.
Entergy: No comment received.
Center -Point Energy: No comment received.
AT & T: 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
connection(s) will apply to this project in addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-
3700.
County Planning No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
9
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.
F. ISSUES/TECHNICAL/DESIGN:
FILE NO.: Z -7876-A
Planning Division: This request is located in the Otter Creek Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for a Planned
Commercial Development to reestablish a previously approved PCD.
The request does not require a change to the Land Use Plan.
Master Street Plan: Sibley Hole Road is shown as a Local Street. The primary function of a
Local Street is to provide access to adjacent properties. Local Streets which are abutted by
non-residential zoning/use or more intensive zoning than duplexes are considered as
"Commercial Streets". These streets have a design standard the same as a Collector. These
streets may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: A Class II Bike Route is shown along Stagecoach Road. A Class II bikeway is
located on the street as either a foot (5) foot shoulder or six (6) foot marked bike lane.
Additional paving and right of way may be required.
Neighborhood Action Plan: This area is covered by the Westwood Pecan Lake Neighborhood
Plan, but the plan does not address this issue.
Landscape: The site plan must comply with the City's landscape and buffer ordinance
requirements.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The applicant was not present. Staff stated there were few outstanding technical issues
associated with the request. Staff stated the site plan submitted was the approved site plan
from the original PCD request. Staff stated the request was to establish a PD -C to allow
swimming pool sales with outdoor display. Staff stated the original approval had expired.
There was no further discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS:
There were no outstanding technical issues associated with the request in need of addressing
raised at the January 15, 2009, Subdivision Committee meeting. The request is to establish a
PD -C to allow swimming pool sales with outdoor display.
The proposed days and hours of operation are from 8:00 am to 5:30 pm Monday through
Saturday. A single pylon sign located near the southwest corner of the site is proposed with a
maximum height of thirty-six feet (36') and a total sign area of one hundred sixty (160) square
feet. There will be three (3) employees of the business.
12
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.
FILE NO.: Z -7876-A
The building will be constructed in the first phase and contain 4,000 square feet. In addition, a
parking area containing ten (10) parking spaces will be constructed in the first phase. The
ordinance requires a minimum of thirteen (13) parking spaces for a commercial establishment
based on the indicated square footage. Although the parking indicated is not sufficient to meet
the typical minimum parking required for a commercial business, staff feels ten (10) parking
spaces is adequate to serve the proposed use of the site.
The applicant is requesting a deferral of the required street improvements to Sibley Hole Road.
The road dead -ends just south of this site and further south, the Fourche Creek Bridge has
been removed. The right of way on Sibley Hole Road is sufficient to meet Master Street Plan
requirement. Staff is supportive of the deferral request for a period of five (5) years or until
abutting development occurs, whichever occurs first. Staff feels the proposed use of the site
will not generate a great deal of traffic that will require boundary street improvements at this
time.
Staff is supportive of the proposed rezoning request. The applicant is requesting to establish a
PD -C to allow swimming pool sales with outdoor display. To staffs knowledge, there are no
outstanding technical issues associated with the request. The site was originally approved for
this activity and there has been little change in the area since the original approval. The site is
identified as Commercial on the City's Future Land Use Plan and there are commercially
zoned properties to the south and east of the site. Staff does not feel the placement of the
outdoor activity on the site will have any adverse impact on the adjoining properties.
STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the conditions outlined in
paragraphs D, E and F of the alcove staff report.
Staff recommends approval of the deferral request of the required street improvements to
Sibley Hole Road for a period of five (5) years or until abutting development occurs, whichever
occurs first.
PLANNING COMMISSION ACTION:
(FEBRUARY 5, 2009)
The applicant was present. There were no registered objectors present. Staff presented the item
with a recommendation of approval of the request subject to compliance with the conditions outlined
in paragraphs D, E and F of the above staff report. Staff also presented a recommendation of
approval of the deferral request of the required street improvements to Sibley Hole Road for a period
of five (5) years or until abutting development occurs, whichever occurs first.
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
5
ITEM NO.: 7. Z -7876-A
NAME: Parrot Bay Pools Short -form PCD
LOCATION: located South of Stagecoach Road, West of Sibley Hole Road and East of
1-430
Planning Staff Comments:
1. Provide notification of all property owners located within 200 feet of the site,
complete with the certified abstract list, notice form with affidavit executed and proof
of mailing. The notice must be mailed no later than January 21, 2009. The Office of
Planning and Development must receive the proof of notice no later than January
30, 2009.
2. The previous approval allowed for the construction of a 4,000 square foot building
and ten parking spaces. The approval also allowed for the placement of an outdoor
display area. The site plan submitted indicates the development in two phases. The
previous approval did not include a phasing plan.
3. The applicant has indicated the days and hours of operation will be from 8:00 am to
5:30 pm Monday through Saturday.
4. The approval allowed a single pylon sign located near the southwest corner of the
site consistent with signage allowed in commercial zones or a maximum of thirty-six
feet in height and one hundred sixty square feet in area. Building signage was
approved at 10 percent of the facade area for facades abutting public rights-of-way.
5. The approval indicated there would be three employees of the business.
Variance/Waivers: A deferral of the boundary street improvements to Sibley Hole Road
for a period of five years or until abutting development occurs.
Public Works Conditions:
1. Due to the proposed use of the property, the Master Street Plan specifies that
Sibley Hole Road for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
2. With site development, provide the design of the street conforming to the Master
Street Plan. Construct one-half street improvement to Sibley Hole Road
including 5 -foot sidewalks with the planned development. The new back of curb
should be located 18 feet from centerline.
3. 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.
4. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
5. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit
from the Arkansas Department of Environmental Quality prior to the start of
Item # 7.
construction.
6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-
283 prior to construction.
7. Provide existing topographic information at maximum five-foot contour interval.
Show the limits of the 100 -year floodway and floodplain.
8. A minimum Finish Floor Elevation of at least one (1) foot above the base flood
elevation is required to be shown on plat and grading plans.
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior to
platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve
Philpott) for more information.
10. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
11. The east property line should be better defined on the plan. That portion of the
site's driveway that extends south must be removed if located in the right-of-way.
12. All driveways shall be concrete aprons per City Ordinance.
Utilities and Fire Department/County Planning:
Wastewater: Sewer main extension required, with easements, for this project. A
private force main system will not allowed.
Entergy: No comment received.
Center -Point Ener : No comment received.
AT & T: 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 connection(s) will apply to this project in addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department
at 918-3700.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Planning Division: This request is located in the Otter Creek Planning District. The
Land Use Plan shows Commercial for this property. The applicant has applied for a
revised Planned Commercial Development.
The request does not require a change to the Land Use Plan.
Master Street Plan: Sibley Hole Road is shown as a Local Street. The primary function
of a Local Street is to provide access to adjacent properties. Local Streets which are
abutted by non-residential zoning/use or more intensive zoning than duplexes are
Item # 7.
considered as "Commercial Streets". These streets have a design standard the same
as a Collector. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan: A Class II is shown along Stagecoach Road. A Class II bikeway is
located on the street as either a 5 foot shoulder or six foot marked bike lane. Additional
paving and right of way may be required.
Neighborhood Action Plan: This area is covered by the Westwood Pecan Lake
Neighborhood Plan, but the plan does not address this issue.
Landscape: The site plan must comply with the City's landscape and buffer ordinance
requirements.
Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include
the additional information as noted above) to staff on Wednesday, January 21, 2009.
Item # T
FILE NO.: Z -7876-A
NAME: Parrott Bay Pools Short -form PD -C
LOCATION: Located on the Southwest corner of Stagecoach Road and Sibley Hole Road
and East of 1-430
DEVELOPER:
Parrott Bay Pools LLC
2020 Canal Point
Little Rock, AR 72202
FNI;INFFF '
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 0.82 acres
CURRENT ZONING:
ALLOWED USES
PROPOSED ZONING
PROPOSED USE
NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
PCD
Swimming Pool Sales and Outdoor Display
PD -C
Swimming Pool Sales and Outdoor Display
VARIANCES/WAIVERS REQUESTED: A deferral of the required street improvements to
Sibley Hole Road.
BACKGROUND:
Ordinance No. 19,370 adopted by the Little Rock Board of Directors on August 1, 2005,
rezoned the site from R-2, Single-family to PCD to allow the outdoor display of swimming
pools. A building containing 4,000 square feet and ten (10) parking spaces were approved.
The days and hours of operation were from 8:00 am to 5:30 pm Monday through Saturday.
Ordinance No. 19,371 adopted by the Board of Directors on August 1, 2005, allowed for
deferral of the required street improvements to Sibley Hole Road.
Per Section 36-454(e), the applicant shall have three (3) years from the date of passage of
the ordinance approving the preliminary approval to submit the final development plan.
Requests for extensions of time shall be submitted in writing to the Planning Commission
which may grant one (1) extension of not more than two (2) years. Time extensions shall be
FILE NO.: Z -7876-A (Cont.
applied for by formal written request not less than ninety days prior to the first expiration date.
Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as
provided in the ordinance. The applicant failed to request a time extension as required per
the ordinance and is now seeking to establish the PD -C zoning to allow swimming pool sales
with outdoor display. There are no other uses proposed.
A. PROPOSAL/REQUEST:
A single building is proposed containing 4,000 square feet and the site plan indicates
ten (10) parking spaces. The development is proposed in two (2) phases. The
building and parking area will take place in the first phase. The outdoor display area
will be constructed in the second phase. The days and hours of operation are from
8:00 am to 5:30 pm Monday through Saturday as in the original approval.
The applicant is seeking a deferral of the boundary street ordinance requirements for
Sibley Hole Road as approved in the original PCD request.
B. EXISTING CONDITIONS:
The site is a vacant cleared site. To the south of the site is a property zoned PCD
containing a plant nursery. To the north and west of the site is public right of way for 1-
430. East of the site is a large wooded tract zoned C-2, Shopping Center District.
Sibley Hole Road is a narrow unimproved road dead -ending south of this site.
C. NEIGHBORHOOD COMMENTS:
Southwest Little Rock United for Progress, all property owners located within 200 -feet
of the site and all residents, who could be identified, located within 300 feet of the site
were notified of the public hearing. As of this writing staff has not received any
comment from area residents.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Due to the proposed use of the property, the Master Street Plan specifies that
Sibley Hole Road for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
2. With site development, provide the design of the street conforming to the Master
Street Plan. Construct one-half street improvement to Sibley Hole Road including
5 -foot sidewalks with the planned development. The new back of curb should be
located 18 feet from centerline.
3. 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.
2
FILE NO.: Z -7876-A (Cont.
4. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
5. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-
283 prior to construction.
7. Provide existing topographic information at maximum five-foot contour interval.
Show the limits of the 100 -year floodway and floodplain.
8. A minimum Finish Floor Elevation of at least one (1) foot above the base flood
elevation is required to be shown on plat and grading plans.
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans
for approval to Traffic Engineering. Streetlights must be installed prior to
platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve
Philpott) for more information.
10. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
11. The east property line should be better defined on the plan. That portion of the
site's driveway that extends south must be removed if located in the right-of-way.
12. All driveways shall be concrete aprons per City Ordinance.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project. A
private force main system will not allowed.
Entergy: No comment received.
Center -Point Energy: No comment received.
AT & T: 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 connection(s) will apply to this project in addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department at 918-3700.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
3
FILE NO.: Z -7876-A (Cont.)
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Otter Creek Planning District. The
Land Use Plan shows Commercial for this property. The applicant has applied for a
Planned Commercial Development to reestablish a previously approved PCD.
The request does not require a change to the Land Use Plan.
Master Street Plan: Sibley Hole Road is shown as a Local Street. The primary
function of a Local Street is to provide access to adjacent properties. Local Streets
which are abutted by non-residential zoning/use or more intensive zoning than
duplexes are considered as "Commercial Streets". These streets have a design
standard the same as a Collector. These streets may require dedication of right-of-
way and may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class II Bike Route is shown along Stagecoach Road. A Class II
bikeway is located on the street as either a foot (5) foot shoulder or six (6) foot marked
bike lane. Additional paving and right of way may be required.
Neighborhood Action Plan: This area is covered by the Westwood Pecan Lake
Neighborhood Plan, but the plan does not address this issue.
Landscape: The site plan must comply with the City's landscape and buffer ordinance
requirements.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The applicant was not present. Staff stated there were few outstanding technical
issues associated with the request. Staff stated the site plan submitted was the
approved site plan from the original PCD request. Staff stated the request was to
establish a PD -C to allow swimming pool sales with outdoor display. Staff stated the
original approval had expired. There was no further discussion of the item. The
Committee then forwarded the item to the full Commission for final action.
H. ANALYSIS:
There were no outstanding technical issues associated with the request in need of
addressing raised at the January 15, 2009, Subdivision Committee meeting. The
request is to establish a PD -C to allow swimming pool sales with outdoor display.
The proposed days and hours of operation are from 8:00 am to 5:30 pm Monday
through Saturday. A single pylon sign located near the southwest corner of the site is
proposed with a maximum height of thirty-six feet (36') and a total sign area of one
hundred sixty (160) square feet. There will be three (3) employees of the business.
11
FILE NO.: Z -7876-A (Cont.
The building will be constructed in the first phase and contain 4,000 square feet. In
addition, a parking area containing ten (10) parking spaces will be constructed in the
first phase. The ordinance requires a minimum of thirteen (13) parking spaces for a
commercial establishment based on the indicated square footage. Although the
parking indicated is not sufficient to meet the typical minimum parking required for a
commercial business, staff feels ten (10) parking spaces is adequate to serve the
proposed use of the site.
The applicant is requesting a deferral of the required street improvements to Sibley
Hole Road. The road dead -ends just south of this site and further south, the Fourche
Creek Bridge has been removed. The right of way on Sibley Hole Road is sufficient to
meet Master Street Plan requirement. Staff is supportive of the deferral request for a
period of five (5) years or until abutting development occurs, whichever occurs first.
Staff feels the proposed use of the site will, not generate a great deal of traffic that will
require boundary street improvements at this time.
Staff is supportive of the proposed rezoning request. The applicant is requesting to
establish a PD -C to allow swimming pool sales with outdoor display. To staff's
knowledge, there are no outstanding technical issues associated with the request.
The site was originally approved for this activity and there has been little change in the
area since the original approval. The site is identified as Commercial on the City's
Future Land Use Plan and there are commercially zoned properties to the south and
east of the site. Staff does not feel the placement of the outdoor activity on the site will
have any adverse impact on the adjoining properties.
STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the conditions
outlined in paragraphs D, E and F of the above staff report.
Staff recommends approval of the deferral request of the required street improvements
to Sibley Hole Road for a period of five (5) years or until abutting development occurs,
whichever occurs first.
PLANNING COMMISSION ACTION:
(FEBRUARY 5, 2009)
The applicant was present. There were no registered objectors present. Staff presented the
item with a recommendation of approval of the request subject to compliance with the
conditions outlined in paragraphs D, E and F of the above staff report. Staff also presented
a recommendation of approval of the deferral request of the required street improvements to
Sibley Hole Road for a period of five (5) years or until abutting development occurs,
whichever occurs first.
There was no further discussion of the item. The Chair entertained a motion for approval of
the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes
and 1 absent.
9