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HomeMy WebLinkAboutZ-8132 Staff AnalysisFILE NO.: Z NAME: Cycle Breakers, Inc. Short -form POD LOCATION: Located at 800 Apperson Street DEVELOPER: Kenneth Haskin 401 West Markham Street, Suite 410 Little Rock, AR 72201 ENGINEER: The Mehlburger Firm 201 Izard Street Little Rock, AR 72201 AREA: 4.1 Acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES Single-family ROPOSED ZONING: PD -O PROPOSED USE: Cycle Breakers VARIAN CESM/AIVERS REQUESTED: A five (5) year deferral of the required hard surface parking. A. APPLICANT'S PROPOSAL/REQUEST: The project is located at 800 Apperson Street bordered by Calhoun and 9th Streets. The site contains 4.0 acres of land and a 37,400 square foot building; formerly Carver Elementary School. Part of the property contains a paved asphalt area that has been, and will continue to be, used for parking. There is a large field containing grass that will also be used for additional parking. The applicant is requesting a five (5) year deferral of the required hard surface parking in light of the acquisitions that the Little Rock Airport Commission is making in the area. The only structural change to the building planned at this time is to enclose a breezeway on the southwest side of the building to FILE NO.: Z-8132 (Cont. accommodate a residential living area. There is presently a fence along the perimeter of the property that will be repaired where broken and extended to enclose other areas that are presently open. Dev(-,IQP —ment Rationale of the Project General Information – Cycle Breakers, Inc. is a non-profit organization that started in 2001 and began operating under Section 501 of the Internal Revenue Code in 2003. The "CYCLE" in "Cycle Breakers" stands for Changing Your Circumstances by Life Emending. The Mission of the Cycle Breakers Program is to aggressively intervene in the lives of individuals in the time to stop the cycle of crime. The program is designed to fully utilize the period while an individual is under the Court's jurisdiction and supervision to effect a lasting and permanent change in the lifestyles, behaviors and decision-making abilities of program participants. Cycle Breakers, Inc. grew out of the Cycle Breakers program that was originally funded by the Pulaski County Quorum Court in 2001; and therefore, it works closely with the Fifth Division Circuit Court of Pulaski County. The Cycle Breakers Program seeks to carry out this mission by recruiting Community Mentors and cultivating Mentors from within the program who will have a positive influence upon the program participants. The program will sponsor daily meetings that focus on addictions. The primarily focus is upon drug and alcohol addictions; however, others struggling with addictive behaviors also benefit from the program. The program offers a holistic approach to addiction that relies heavily upon the 12 -step Program but is based on teachings that change the behavior of the inner, spiritual man. Counseling sessions are also offered for probationers with anger management and domestic abuse issues on a daily basis as needed. Once a month approximately 80 probationers attend informational and educational sessions that are designed to provide them with the tools to change. Cycle Breakers partners with the community and governmental organizations to provide sessions that deal with education, finance, job skills, family issues, mental and physical health. Probationers are connected with resources to help them. This program was so successful that it was extended to every probationer. As a result, every quarter a meeting is held where all of the probationers have access to these sessions. Presently, these quarterly meetings are held at the Barton Coliseum. These meetings focus on four broad areas: 1. Finance and Jobs; 2. Education; 3. Abuse and Additions; and 4. Mental and Physical Health. During 2006, the focus has been on metal and physical height. The organization partnered with UAMS, the Health Department, Stamp out Smoking, the Witness Project, the Arkansas Prostate Cancer Foundation, the Pulaski County Extension Service, and many other organizations and provided screening for Brest Cancer, Prostate Cancer, Diabetes, Cholesterol, Vision, Stroke, Body Mass Index, Blood Pressure, AIDS/STD, and dental care. Lives were saved. Cancers were detected early 6 FILE NO.: Z-8132 (Cont. and treatment is being given. Persons at risk for diabetes, strokes, and hypertension were identified and referred to treatment. Free vision screenings were offered to persons who could not afford care. The savings to County and the State in terms of health care costs and quality of life are immeasurable. The building will house prevention and intervention programs that are offered to the approximately 1,000 probationers that are assigned to the Court. Project Components Hours of Operation — Daily Operations — The day to day operations of the building will be from Monday to Friday from 8:00 am to 8:30 pm. During these times, Group Sessions and Individual sessions will be offered to probationers. These sessions will deal with: 1. Finance and Jobs; 2. Education; 3. Abuse and Addictions; and 4. Mental and Physical Health. There will also be classes offered. The planned classes include GED classes, automotive trades, computer classes, and other trades. The office will be staffed by a full time office manager, a full time security officer part-time teachers, and counselors. The applicant will serve as the facility manager and will be ultimately responsible for all activities that take place on the premises of the facility. There is a staff of five other deputy probation officers that will assist the applicant in managing the facility. Monthly Operations — Once a month during eight of the months of the year, there will be a meeting with approximately 100 probationers. These probationers are mostly non-violent first offenders. Four times during the year, these meetings are held on Saturday from 8:00 am to 2:30 pm. Four times during the year, meetings area held on a weeknight from 6:00 pm to 9:00 pm. These are the informational and educational sessions that are designed to provide probationers with the tools to change the items discussed previously. Quarterly Operations — On one Saturday during each quarter of the year,, a meeting will be held where 600 probationers will attend the meeting. The quarterly meetings are operated from 7:00 am to 4:00 pm. This year, the meetings were held during March, June, August and November. Because of the size of the meeting and the parking space that is available, the meetings will be divided into two smaller groups. The first meeting will be held from 7:00 am to 11:00 am and the second meeting from 1:00 pm to 4:00 pm. This will assist with traffic flow in the area. The applicant anticipates that each session will have approximately 250 to 300 participants. Chemical Free Living Facility — The Chemical Free Living Facility will be open to probationers that have a drug or alcohol problem. Residents will be strictly supervised and monitored directly by members of the Fifth Division staff. The facility will be staffed by a resident manager who will be on the premises from 8:00 pm to 8:00 am. The facility will be limited to ten (10) probationers that will live on the premises. The premises will be secured. Residents will be required to work during the day or be involved in the sessions or classes that are offered 3 FILE NO.: Z-8132 (Cont. during the day. Residents will have a 10:00 pm curfew from Sunday to Thursday and 12:00 am curfew on Friday and Saturday. Parking — Deferral Request — The property is located one block from the property the Little Rock Airport Commission has recently condemned. Contacts with the Little Rock Airport Commission have indicated future plans include the acquisition of this property. The plan, however, is to not take the property for approximately ten (10) years. An estimate for surfacing the grass parking area was secured. The estimated cost is $175,000.00 to install the asphalt parking lot which would accommodate approximately 400 cars. The applicant has indicated this would not be prudent at this time. First, the property will be condemned and it is unlikely the applicant's would be able to recoup the investment. Secondly, a paved parking lot would be unattractive and would not conducive to the neighborhood. The request includes a 5 year deferral for the required parking. B. EXISTING CONDITIONS.- The ONDITIONS: The site is the former Carver Elementary School most recently used as an Alternative School by the Little Rock School District. The site is located within an area the Little Rock Airport Commission has shown on the Master Plan for acquisition. There are a number of uses in the area including the Little Rock Airport, residential structures, industrial and churches. Along East 6th Street there are a number of commercial businesses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet of the site and the East Little Rock Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. From initial inspection, the sidewalk on 9th Street is damaged and should repaired. Additional improvements may be required after additional inspections. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Ramps should be installed at the intersections. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. 12 FILE NO.: Z-8 Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. 1SSUESITECHNICAUDESIGN: Planning Division: This request is located in the East Little Rock Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a rezoning to Planned Office Development to allow the site to be used for meeting space, classroom space, office space and residential living to accommodate probationers. The request does not require a change to the Land Use Plan. Master Street Plan: Apperson Street and East 9th Street are shown as Local Streets on the Master Street Plan. Local Streets with non-residential uses along them are constructed with a wider cross section. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Landscaping may be required with any on site parking. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5 ILE NO.: Z-8132 (Cont. G H SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request. Staff questioned the proposed surface material of the grass parking lot. Staff also questioned the total number of parking spaces that could be provided within the grass field area. Staff questioned ownership of the property. The applicant stated Cycle Breakers Inc. would purchase the land and then dedicate the building and land to Pulaski County. Staff questioned the total number of probationers accessing the site on any given day. The applicant stated the desire was to expand the available educational services. He stated if this was successful there would be approximately 70 to 80 persons daily accessing the site. Public Works comments were addressed. Staff stated sidewalks would be required per the Master Street Plan along abutting roadways. Staff also stated any broken curb, gutter or sidewalk would require repair prior to occupancy. Landscaping comments were addressed. Staff stated landscaping may be required with any additional on-site paving. Staff also stated the City Beautiful Commission recommended preserving as many on-site trees as feasible. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. ANALYSIS: The applicant submitted a revised cover letter to staff addressing most of the concerns raised at the November 16, 2006, Subdivision Committee meeting. The applicant has indicated approximately 311 cars can be parked in the open field area. A total of eight rows of parking are available with an estimated area of eight feet in width and eighteen feet in length. The row adjacent to the northern most end of the property will park approximately 32 cars, a second row will park approximately 31 cars and six rows will park approximately 62 cars. Twenty-four feet will be placed between each row of parking for drives. A smaller area of land located nearer the building will provide two additional rows of parking and will park approximately 44 cars. The applicant has retained Ronnie Geddings, a former Deputy Probation Officer to coordinate the parking. He presently coordinates parking at the Arkansas State Fairgrounds and parking on the golf course at Razorback football games. The request includes a five year deferral of the required hard surface material. According to the applicant in addition to the cost of construction, the neighborhood does not desire the area to paved. The site is used by area residents for pee wee football games. The paving of the grass field will take away a valuable amenity the neighborhood currently utilizes for open space and outdoor recreation. On the site there are 21 marked parking spaces and one handicap space. There is additional space on the basketball court which is paved and can be used as L FILE NO.: Z-8132 (Cont. parking for an additional 15 parking spaces. The site contains a total of 36 hard surface parking spaces. Staff is supportive of the proposed use of the building for the applicant's intended use but staff has concerns with the parking as proposed. On any given day the provided parking does not appear to be adequate to meet the parking demands of the patrons accessing the site. In addition on the day of the quarterly meetings there will be a great deal of traffic accessing the site which staff feels will spill into the neighborhood creating a hardship on the residents of the area. The site is located within the only pocket of residential homes left in the area. Although the area has been identified on the Airport's Master Plan for future acquisition staff feels the neighborhood should be protected in the interim. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Kenneth Haskin addressed the Commission on the merits of the request. He stated Cycle Breakers had been looking for a location for a couple of years and when the school became available they felt this was a perfect location for their use. He stated the group would protect the neighborhood. He stated the project was established to aid the needs of the probationers served. He stated he felt this was an opportunity to serve the community. Mr. Mark Leverett addressed the Commission to discuss the parking concerns. He stated he was not a parking expert but felt the plan Cycle Breakers had in place would allow sufficient parking and would protect the neighborhood. He stated there were two areas designated as parking. He stated a total of 300 cars could park on the open field and another 30 to 40 cars on the parking lot and on the basketball court. He stated the meetings would be broken into two sessions to not flood the neighborhood with cars and people. He stated a specific route would be designated minimize the impact on the neighborhood. He stated Cycle Breakers would hire a parking expert to coordinate traffic to and from the site to also minimize the impact on the neighborhood. He stated the safety of the residents was Cycle Breakers first concern. Mr. Ronnie Jackson addressed the Commission in opposition of the request. He stated his home and church were located in the neighborhood. He stated there were a number of youth and elderly in the neighborhood. He stated during the summer he would take the youth of his bible class to the basketball courts to play ball. He stated he agreed the programs was a good program. He stated he did not feel the program should be located in a residential neighborhood. Ms. Margie Goodman addressed the Commission in opposition of the request. She stated her mother lived across from the site and she was very concerned for her safety 7 FILE NO.: Z-8132 (Cont. if the use was approved. She stated there were a number of children in the neighborhood and she was also concerned for their safety. She stated she agreed with the program, just not the location of the program. Mr. Elijah Shepard, Sr. addressed the Commission in opposition of the request. He stated his home was located across from the field the applicant's were proposing for parking. He stated he was not in favor of allowing the field to become fenced and a parking lot. He stated he was also concerned with the allowance of residents on the site. He stated he was concerned the residents would spill into the neighborhood and create an unsafe environment. Ms. Kay Davis addressed the Commission in opposition of the request. She stated her mother was 76 and had lived in the neighborhood a number of years. She stated her home was located directly across the street from the site and her mother had stated if the use was approved she would not be able to sleep at night. She stated the site was two blocks for an elementary school and a few blocks from the community center. She stated with the airports current acquisition the neighborhood had suffered enough. She stated her primary concern was the safety of the neighborhood and protection of the neighborhood. Mr. Onzell Wright addressed the Commission in opposition of the request. He stated his mother lived in the area and his church was located in the area. He stated his concern was for his mother and for the church. He stated he felt the residents should have the opportunity to enjoy their homes and sit on their front porches without fear. She stated he felt Cycle Breakers was a good program but he did not feel the location was appropriate for their use. He stated the fabric of the neighborhood has declined based on the acquisitions of the airport. He stated he felt this use would cause additional decline in the area. Mr. Haskins stated the site would house a chemical free living environment with a maximum of ten residents. He stated the residents did not just roam the neighborhood they work or are involved in programs offered through Cycle Breakers. He stated crime exist in all neighborhoods. He stated the persons in the program were first time offenders and had an incentive to completing the program and many could have their record expunged if they were successful in the program. He stated he did not see any link to the use and the decline in property values. He stated presently the chemical free living facility was located on Wolfe Street and the area had not seen a decline in property values as a result of the facility. He stated presently there were two residents but as many as eight person had lived in the facility. The Commission questioned the number of probationers accessing the site. Mr. Haskins stated in the beginning 20 to 30 per week. He stated as the center grew as many as 70 to 80 per day. He stated the center would offer counseling, anger management, financial management and educational opportunities to complete their GED. He stated there was a critical need for the service. He stated education was the key to breaking the patterns of the offenders. E:3 FILE NO.: Z-8132 (Cont. The Commission questioned the funding. Mr. Haskins stated funding was provided by the probationers through court fees. The Commission questioned if the County would be involved in the operation of the facility. Mr. Haskin stated the probation officers were members of the 5th Circuit Court. The Commission questioned if the person staying overnight with the residents would be a probation officer. Mr. Haskins stated he was not sure since they had not hired anyone. He stated the person would be specially trained for this type situation. Commissioner Yates questioned the difference in a parolee and probationer. Mr. Haskins stated a probationer had not been to prison was the primary difference. Commissioner Yates questioned the number of probation officers who would be at the site daily. Mr. Haskins stated three to five at any given time. Commissioner Yates questioned the number of probationers per instructor. He stated fifteen to twenty probationers per instructor. The Commission discussed their concerns of placing the proposed use in the fragile neighborhood. The Commissioners stated they felt the service was a good service but questioned placing the use within the heart of a single-family neighborhood. Commissioner Williams stated he felt the program was an outstanding program. Commissioner Meyer questioned the balance of an empty building verses an occupied building. Commissioner Rahman stated he questioned placing the use in a fragile neighborhood without knowing what the traffic and parking would do to the area. He stated he felt the use would continue to erode the neighborhood. A motion was made to approve the request as filed. The motion failed by a vote of 3 ayes, 5 noes and 3 absent. N December 7, 2006 M NO.: 19 FILE NO.: Z-8132 NAME: Cycle Breakers, Inc. Short -form POD LOCATION: Located at 800 Apperson Street DEVELOPER: Kenneth Haskin 401 West Markham Street, Suite 410 Little Rock, AR 72201 ENGINEER: The Mehlburger Firm 201 Izard Street Little Rock, AR 72201 AREA: 4.1 Acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD -O PROPOSED USE: Cycle Breakers VARIANCES/VVAIVERS REQUESTED: A five (5) year deferral of the required hard surface parking. A. APPLICANT'S PROPOSAVREQUEST: The project is located at 800 Apperson Street bordered by Calhoun and 9th Streets. The site contains 4.0 acres of land and a 37,400 square foot building; formerly Carver Elementary School. Part of the property contains a paved asphalt area that has been, and will continue to be, used for parking. There is a large field containing grass that will also be used for additional parking. The applicant is requesting a five (5) year deferral of the required hard surface parking in light of the acquisitions that the Little Rock Airport Commission is making in the area. The only structural change to the building planned at this time is to enclose a breezeway on the southwest side of the building to December 7, 2006, SUBDIVISION ITEM NO.: 19(Cont.)FILE NO.: Z-8132 accommodate a residential living area. There is presently a fence along the perimeter of the property that will be repaired where broken and extended to enclose other areas that are presently open. Development Rationale of the Pro ect General Information — Cycle Breakers, Inc. is a non-profit organization that started in 2001 and began operating under Section 501 of the Internal Revenue Code in 2003. The "CYCLE" in "Cycle Breakers" stands for Changing Your Circumstances by Life Emending. The Mission of the Cycle Breakers Program is to aggressively intervene in the lives of individuals in the time to stop the cycle of crime. The program is designed to fully utilize the period while an individual is under the Court's jurisdiction and supervision to effect a lasting and permanent change in the lifestyles, behaviors and decision-making abilities of program participants. Cycle Breakers, Inc. grew out of the Cycle Breakers program that was originally funded by the Pulaski County Quorum Court in 2001; and therefore, it works closely with the Fifth Division Circuit Court of Pulaski County. The Cycle Breakers Program seeks to carry out this mission by recruiting Community Mentors and cultivating Mentors from within the program who will have a positive influence upon the program participants. The program will sponsor daily meetings that focus on addictions. The primarily focus is upon drug and alcohol addictions; however, others struggling with addictive behaviors also benefit from the program. The program offers a holistic approach to addiction that relies heavily upon the 12 -step Program but is based on teachings that change the behavior of the inner, spiritual man. Counseling sessions are also offered for probationers with anger management and domestic abuse issues on a daily basis as needed. Once a month approximately 80 probationers attend informational and educational sessions that are designed to provide them with the tools to change. Cycle Breakers partners with the community and governmental organizations to provide sessions that deal with education, finance, job skills, family issues, mental and physical health. Probationers are connected with resources to help them. This program was so successful that it was extended to every probationer. As a result, every quarter a meeting is held where all of the probationers have access to these sessions. Presently, these quarterly meetings are held at the Barton Coliseum. These meetings focus on four broad areas: 1. Finance and Jobs; 2. Education; 3. Abuse and Additions; and 4. Mental and Physical Health. During 2006, the focus has been on metal and physical height. The organization partnered with UAMS, the Health Department, Stamp out Smoking, the Witness Project, the Arkansas Prostate Cancer Foundation, the Pulaski County Extension Service, and many 2 December 7, 2006 SUBDIVISION ITEM NO.: 19 Cont. FILE NO.: Z-8132 other organizations and provided screening for Brest Cancer, Prostate Cancer, Diabetes, Cholesterol, Vision, Stroke, Body Mass Index, Blood Pressure, AIDS/STD, and dental care. Lives were saved. Cancers were detected early and treatment is being given. Persons at risk for diabetes, strokes, and hypertension were identified and referred to treatment. Free vision screenings were offered to persons who could not afford care. The savings to County and the State in terms of health care costs and quality of life are immeasurable. The building will house prevention and intervention programs that are offered to the approximately 1,000 probationers that are assigned to the Court. Project Components Hours of Operation — Daily Operations — The day to day operations of the building will be from Monday to Friday from 8:00 am to 8:30 pm. During these times, Group Sessions and Individual sessions will be offered to probationers. These sessions will deal with: 1. Finance and Jobs; 2. Education; 3. Abuse and Addictions; and 4. Mental and Physical Health. There will also be classes offered. The planned classes include GED classes, automotive trades, computer classes, and other trades. The office will be staffed by a full time office manager, a full time security officer part-time teachers, and counselors. The applicant will serve as the facility manager and will be ultimately responsible for all activities that take place on the premises of the facility. There is a staff of five other deputy probation officers that will assist the applicant in managing the facility. Monthly Operations — Once a month during eight of the months of the year, there will be a meeting with approximately 100 probationers. These probationers are mostly non-violent first offenders. Four times during the year, these meetings are held on Saturday from 8:00 am to 2:30 pm. Four times during the year, meetings area held on a weeknight from 6:00 pm to 9:00 pm. These are the informational and educational sessions that are designed to provide probationers with the tools to change the items discussed previously. Quarterly Operations — On one Saturday during each quarter of the year, a meeting will be held where 600 probationers will attend the meeting. The quarterly meetings are operated from 7:00 am to 4:00 pm. This year, the meetings were held during March, June, August and November. Because of the size of the meeting and the parking space that is available, the meetings will be divided into two smaller groups. The first meeting will be held from 7:00 am to 11:00 am and the second meeting from 1:00 pm to 4:00 pm. This will assist with traffic flow in the area. The applicant anticipates that each session will have approximately 250 to 300 participants. Chemical Free Living Facility — The Chemical Free Living Facility will be open to probationers that have a drug or alcohol problem. Residents will be strictly 3 December 7, 2006 SUBDIVISION ITEM NO.: 19 Cont. FILE NO.: Z-8132 supervised and monitored directly by members of the Fifth Division staff. The facility will be staffed by a resident manager who will be on the premises from 8:00 pm to 8:00 am. The facility will be limited to ten (10) probationers that will live on the premises. The premises will be secured. Residents will be required to work during the day or be involved in the sessions or classes that are offered during the day. Residents will have a 10:00 pm curfew from Sunday to Thursday and 12:00 am curfew on Friday and Saturday. Parking — Deferral Request — The property is located one block from the property the Little Rock Airport Commission has recently condemned. Contacts with the Little Rock Airport Commission have indicated future plans include the acquisition of this property. The plan, however, is to not take the property for approximately ten (10) years. An estimate for surfacing the grass parking area was secured. The estimated cost is $175,000.00 to install the asphalt parking lot which would accommodate approximately 400 cars. The applicant has indicated this would not be prudent at this time. First, the property will be condemned and it is unlikely the applicant's would be able to recoup the investment. Secondly, a paved parking lot would be unattractive and would not conducive to the neighborhood. The request includes a 5 year deferral for the required parking. B. EXISTING CONDITIONS: The site is the former Carver Elementary School most recently used as an Alternative School by the Little Rock School District. The site is located within an area the Little Rock Airport Commission has shown on the Master Plan for acquisition. There are a number of uses in the area including the Little Rock Airport, residential structures, industrial and churches. Along East 6th Street there are a number of commercial businesses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet of the site and the East Little Rock Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. From initial inspection, the sidewalk on 9th Street is damaged and should repaired. Additional improvements may be required after additional inspections. 12 December 7, 2006 SUBDIVISION ITEM NO.: 19 (Cont. FILE NO.: Z-8132 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Ramps should be installed at the intersections. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSU ESITECH N ICAL/D ESI G N : Planning Division: This request is located in the East Little Rock Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a rezoning to Planned Office Development to allow the site to be used for meeting space, classroom space, office space and residential living to accommodate probationers. The request does not require a change to the Land Use Plan. Master Street Plan: Apperson Street and East 9th Street are shown as Local Streets on the Master Street Plan. Local Streets with non-residential uses along them are constructed with a wider cross section. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. 5 December 7, 2006 SUBDIVISION ITEM NO.. 19 Cont. FILE NO.: Z-8132 Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Landscaping may be required with any on site parking. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request. Staff questioned the proposed surface material of the grass parking lot. Staff also questioned the total number of parking spaces that could be provided within the grass field area. Staff questioned ownership of the property. The applicant stated Cycle Breakers Inc. would purchase the land and then dedicate the building and land to Pulaski County. Staff questioned the total number of probationers accessing the site on - - ------any-given--day:-- The -applicant-. stated -the -desire --was- to--expand--the-available---- educational services. He stated if this was successful there would be approximately 70 to 80 persons daily accessing the site. Public Works comments were addressed. Staff stated sidewalks would be required per the Master Street Plan along abutting roadways. Staff also stated any broken curb, gutter or sidewalk would require repair prior to occupancy. Landscaping comments were addressed. Staff stated landscaping may be required with any additional on-site paving. Staff also stated the City Beautiful Commission recommended preserving as many on-site trees as feasible. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing most of the concerns raised at the November 16, 2006, Subdivision Committee meeting. The applicant has indicated approximately 311 cars can be parked in the open field area. A total of eight rows of parking are available with an estimated area of eight feet in width and eighteen feet in length, The row adjacent to the northern most end of the property will park approximately 32 cars, a second row will park approximately 31 cars and six rows will park approximately 62 cars. Twenty-four feet will be placed between each row of parking for drives. A smaller area of land December 7, 2006 SUBDIVISION ITEM NO.: 19 Cont, FILE NO.: Z-8132 located nearer the building will provide two additional rows of parking and will park approximately 44 cars. The applicant has retained Ronnie Geddings, a former Deputy Probation Officer to coordinate the parking. He presently coordinates parking at the Arkansas State Fairgrounds and parking on the golf course at Razorback football games. The request includes a five year deferral of the required hard surface material. According to the applicant in addition to the cost of construction, the neighborhood does not desire the area to paved. The site is used by area residents for pee wee football games. The paving of the grass field will take away a valuable amenity the neighborhood currently utilizes for open space and outdoor recreation. On the site there are 21 marked parking spaces and one handicap space. There is additional space on the basketball court which is paved and can be used as parking for an additional 15 parking spaces. The site contains a total of 36 hard surface parking spaces. Staff is supportive of the proposed use of the building for the applicant's intended use but staff has concerns with the parking as proposed. On any given day the provided parking does not appear to be adequate to meet the parking demands of the patrons accessing the site. In addition on the day of the quarterly meetings there will be a great deal of traffic accessing the site which staff feels will spill into the neighborhood creating a hardship on the residents of the area. The site is located within the only pocket of residential homes left in the area. Although the area has been identified on the Airport's Master Plan for future acquisition staff feels the neighborhood should be protected in the interim. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Kenneth Haskin addressed the Commission on the merits of the request. He stated Cycle Breakers had been looking for a location for a couple of years and when the school became available they felt this was a perfect location for their use. He stated the group would protect the neighborhood. He stated the project was established to aid the needs of the probationers served. He stated he felt this was an opportunity to serve the community. Mr. Mark Leverett addressed the Commission to discuss the parking concerns. He stated he was not a parking expert but felt the plan Cycle Breakers had in place would allow sufficient parking and would protect the neighborhood. He stated there were two areas designated as parking. He stated a total of 300 cars could park on the open field and another 30 to 40 cars on the parking lot and on the basketball court. He stated the 7 December 7, 2006 SUBDIVISION ITEM NO.: 19 Cont.) FILE NO.: Z-6132 meetings would be broken into two sessions to not flood the neighborhood with cars and people. He stated a specific route would be designated minimize the impact on the neighborhood. He stated Cycle Breakers would hire a parking expert to coordinate traffic to and from the site to also minimize the impact on the neighborhood. He stated the safety of the residents was Cycle Breakers first concern. Mr. Ronnie Jackson addressed the Commission in opposition of the request. He stated his home and church were located in the neighborhood. He stated there were a number of youth and elderly in the neighborhood. He stated during the summer he would take the youth of his bible class to the basketball courts to play ball. He stated he agreed the programs was a good program. He stated he did not feel the program should be located in a residential neighborhood. Ms. Margie Goodman addressed the Commission in opposition of the request. She stated her mother lived across from the site and she was very concerned for her safety if the use was approved. She stated there were a number of children in the neighborhood and she was also concerned for their safety. She stated she agreed with the program, just not the location of the program. Mr. Elijah Shepard, Sr. addressed the Commission in opposition of the request. He stated his home was located across from the field the applicant's were proposing for parking. He stated he was not in favor of allowing the field to become fenced and a parking lot. He stated he was also concerned with the allowance of residents on the site. He stated he was concerned the residents would spill into the neighborhood and create an unsafe environment. Ms. Kay Davis addressed the Commission in opposition of the request. She stated her mother was 76 and had lived in the neighborhood a number of years. She stated her home was located directiv across the street from_ the site and her mother had stated if the use was approved she would not be able to sleep at night. She stated the site was two blocks for an elementary school and a few blocks from the community center. She stated with the airports current acquisition the neighborhood had suffered enough. She stated her primary concern was the safety of the neighborhood and protection of the neighborhood. Mr. Onzell Wright addressed the Commission in opposition of the request. He stated his mother lived in the area and his church was located in the area. He stated his concern was for his mother and for the church. He stated he felt the residents should have the opportunity to enjoy their homes and sit on their front porches without fear. She stated he felt Cycle Breakers was a good program but he did not feel the location was appropriate for their use. He stated the fabric of the neighborhood has declined based on the acquisitions of the airport. He stated he felt this use would cause additional decline in the area. E December 7, 2006 SUBDIVISION ITEM NO.: 19 (Cont. FILE NO.: Z-8132 Mr. Haskins stated the site would house a chemical free living environment with a maximum of ten residents. He stated the residents did not just roam the neighborhood they work or are involved in programs offered through Cycle Breakers. He stated crime exist in all neighborhoods. He stated the persons in the program were first time offenders and had an incentive to completing the program and many could have their record expunged if they were successful in the program. He stated he did not see any link to the use and the decline in property values. He stated presently the chemical free living facility was located on Wolfe Street and the area had not seen a decline in property values as a result of the facility. He stated presently there were two residents but as many as eight person had lived in the facility. The Commission questioned the number of probationers accessing the site. Mr. Haskins stated in the beginning 20 to 30 per week. He stated as the center grew as many as 70 to 80 per day. He stated the center would offer counseling, anger management, financial management and educational opportunities to complete their GED. He stated there was a critical need for the service. He stated education was the key to breaking the patterns of the offenders. The Commission questioned the funding. Mr. Haskins stated funding was provided by the probationers through court fees. The Commission questioned if the County would be involved in the operation of the facility. Mr. Haskin stated the probation officers were members of the 5t" Circuit Court. The Commission questioned if the person staying overnight with the residents would be a probation officer. Mr. Haskins stated he was not sure since they had not hired anyone. He stated the person would be specially trained for this type situation. Commissioner Yates questioned the difference in a parolee and probationer. Mr. Haskins stated a probationer had not been_ to prison was the _primary difference. Commissioner Yates questioned the number of probation officers who would be at the site daily. Mr. Haskins stated three to five at any given time. Commissioner Yates questioned the number of probationers per instructor. He stated fifteen to twenty probationers per instructor. The Commission discussed their concerns of placing the proposed use in the fragile neighborhood. The Commissioners stated they felt the service was a good service but questioned placing the use within the heart of a single-family neighborhood. Commissioner Williams stated he felt the program was an outstanding program. Commissioner Meyer questioned the balance of an empty building verses an occupied building. Commissioner Rahman stated he questioned placing the use in a fragile neighborhood without knowing what the traffic and parking would do to the area. He stated he felt the use would continue to erode the neighborhood. A motion was made to approve the request as filed. The motion failed by a vote of 3 ayes, 5 noes and 3 absent. N ITEM NO.: 19, NAME: Cycle Breakers, Inc. Short -form POD LOCATION: located at 800 Apperson Street Planning Staff Comments: Z-8132 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 November 22, 2006. The Office of Planning and Development must receive the proof of notice no later than November 30, 2006. 2. Provide the total number of hard surface parking spaces on the site. 3. Provide details of the surface for the proposed grass parking filed and the total number of anticipated parking spaces within the field area. One section of the cover letter indicates a five year waiver and a second section indicates a ten year waiver of the hard surface parking. Variance/Waivers: A deferral of the required hard surface parking area. Public Works Conditions: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. From initial inspection, the sidewalk on 9th Street is damaged and should repaired. Additional improvements may be required after additional inspections. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Ramps should be installed at the intersections. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Item # 19 Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division- This request is located in the East Little Rock Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a rezoning to Planned Office Development to allow the site to be used for meeting space, classroom space, office space and residential living to accommodate probationers. The request does not require a change to the Land Use Plan. Master Street Plan: Apperson Street and East 9t" Street are shown as Local Streets on the Master Street Plan. Local Streets with non-residential uses along them are constructed with a wider cross section. These streets may require dedication of right-of- way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Landscaping may be required with any on site parking. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Revisedpllat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, November 22, 2006. Item # 19