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HomeMy WebLinkAboutZ-8367 Staff AnalysisFILE NO.: Z-8367 NAME: BCD Empowerment Center Short -form POD LOCATION: Located at 3604 West 12th Street EVELOPER: Black Community Developers, Inc. 3805 West 12th Street Little Rock, AR 72204 ENGINEER: Crafton Tull and Sparks 10825 Financial Center Parkway Little Rock, AR 72211-3554 AREA: 1.65 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family and R-4, Two-family ALLOWED USES: Single-family residential and duplex housing PROPOSED ZONING: POD PROPOSED USE: Residential alcohol and drug treatment VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The project will occupy all b.ut one lot of an entire block in the Coy's Addition to the City of Little Rock. The plan is to remove all the existing structures and build the proposed Empowerment Center. The idea behind the overall layout and architecture is to maintain the neighborhood feel and curb appeal with pedestrian friendly front fagade and porch with all the vehicular traffic being located in the rear. The developers have located all dumpster and service areas adjacent to the commercial uses along the west, and the main office parking area with entry court is located on the northeast corner of the site. Additional screening of the parking area is provided by the installation of a 3 Y2 foot screening fence on the north side FILE NO.: Z-8367 (Cont.) of the parking lot. There will also be an outdoor courtyard and activity area in the center of the site between the dormitory buildings. This area will be fenced with a 6-8" privacy fence for control, security and privacy of the patients within the facility. The Empowerment Center is proposed as a state of the art, living and learning center. One of the programs of the Empowerment Center will be to provide residential alcohol and drug treatment services. Not only will the program provide certified cutting edge prevention, intervention and treatment services, but also comprehensive life skills training designed to empower residents to succeed in all aspects of their life. The mission of the Empowerment Center is to be a highly customized living and learning, program providing independent living skills, vocational training with a focus on the green environment and social integration. The entire community will benefit from continued and additional comprehensive programs that include support services, research, education, prevention, intervention and treatment. The vision for the Empowerment Center is to be a cognitive behavioral therapeutic program implemented in a premier facility providing empowerment programs for the community. The Empowerment Center will be a unique facility which will provide a holistic approach to living. The Empowerment Center will serve as a national model for faith and community based organizations. The Center will provide hands-on training to interested nonprofits, church groups and educational institutions from across the nation. In addition, the Empowerment Center staff with shared expertise through consultation with other faith based programs and the production of conferences and training seminars for the community at large. The Empowerment Center will provide the following space: administrative office space, office space for (4) potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium/dining room with seating capacity of 100, fitness room, classroom/training center, male dormitory (24 beds), female dormitory (24 beds) and lounge. B. EXISTING CONDITIONS: The site contains a number of single-family domes most of which are occupied. The area along West 12"' Street is predominately commercial and institutional while the areas off West 121" Street are primarily residential. To the north of the site is a facility providing services to juveniles. South of the site is Will's House, a facility providing housing for persons recently released from treatment facilities. West of the site is the 2 FILE NO.: Z-8367 (Cont.) M 0 Willie Hinton center and further west is the sales store for a non-profit service provider. NEIGHBORHOOD COMMENTS - As of this writing, staff has received a number of informational phone calls and a number of calls in opposition of the request from area property owners. All property owners located within 200 feet of the site, all residents who could be identified, located within 300 feet of the site, along with the Capitol Hill, the Central High, the Hope, the Forest Hills, the Stephens Area Faith and the Pine to Woodrow Neighborhood Associations were notified of the Public Hearing. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Maple Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that 11th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Due to the proposed use of the property, the Master Street Plan specifies that Valentine Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 4. 12th Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 5. A 20-foot radial dedication of right-of-way is required at all intersections. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Maple Street including 5-foot sidewalks with the planned development. The new back of curb should be 18 feet from centerline. The intersection curb radius at Maple Street and 11th Street should be improved to a 30-foot radius as shown on plan. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 11th Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline or as 3 FILE NO.: Z-8367 (Cont.) shown on plan. The intersection curb radius at 11th Street and Valentine Street should be a 30-foot radius as shown on plan. 8. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Valentine Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline. 9. The intersection curb radius at West 12th and Maple Streets should be constructed to a 30-foot radius. 10. Sidewalk easements should be platted where the sidewalk is outside of the new right-of-way. 11. The sidewalk on Valentine Street should extend to the property in line with the remainder of the sidewalk and then turn toward Valentine Street. 12. The curb should be extended to the property line in line with the remaining curb and then turn toward the existing street. 13. All old curb cuts should be closed with curbing. 14. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 15. 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. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of work. 16. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 17. 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). 18. 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. 19. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 20. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. r.I FILE NO.: Z-8367 (Cont. 21. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for a any other purpose. 22. 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. 23. The driveways should be constructed with maximum 15-foot radiuses. 24. Remove parallel parking spaces from Maple Street due to lack of sight distance for drivers trying to access Maple Street from the parking area. This will allow the back of sidewalk to be moved to the property line. 25. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the vehicle parking in the right-of-way. E. 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). If buildings are have a fire sprinkler system, please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. 5 FILE NO.: Z-8367 (Cont.) CATA: The site is not located on CATA Bus Route #3 — the Baptist Medical. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a Planned Office Development for a residential/training facility. A Land Use Plan Amendment from Single Family to Mixed Use is a separate item on this agenda (LU08-09-02). Master Street Plan: 12th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. Maple Street, West 11th Street and Valentine Street are Local Streets. 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: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Stephens Neighborhood Action Plan. The Public Safety goal states: "Remove unsafe housing from the neighborhood." This application would remove several vacant/unsafe buildings from this City block in the neighborhood. Landscape: 1. The site plan must comply with the City's landscape ordinance requirements. 2. An automatic irrigation system to water landscaped areas will be required. 3. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 1.1 FILE NO.: Z-8367 (Cont.) 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Barry Williams was present representing the request. Staff presented an overview of the proposed development stating there were a few technical issues in need of addressing which had been raised. Staff stated a minimum of ten to fifteen percent of the site was to be designated as landscaping. Staff requested the applicant provide the percentage designated for landscape. Staff also requested Mr. Williams provide the percentage of building coverage proposed. Staff stated site lighting was to be directional, directed downward and into the site. Public Works comments were addressed. Staff stated dedication of right of way for Maple, 11th, and Valentine would be required to 30 feet from centerline. Staff stated a right of way dedication of 35-feet from centerline would be required along West 12th Street. Staff also stated a 20-foot radial dedication would be required at all the intersections. Staff stated the intersecting curb of Maple and West 12th Street should be constructed to a 30-foot radius. Staff stated the proposed parking along Maple Street should be removed due to sight distance concerns. Landscaping comments were addressed. Staff stated the street buffer around the sites entirety was to be 18 feet and in no case less than one-half. Staff stated an automatic irrigation system was required and prior to the issuance of a building permit a stamped landscape plan prepared by a landscape architect would be required. Staff stated street trees were encouraged. Staff noted comments from the various other reporting departments and agencies. 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 site plan to staff addressing most of the issues raised at the July 17, 2008, Subdivision Committee meeting. The applicant has indicated right of way dedications, radial dedications and street buffering per the typical ordinance standards. The applicant has also provided the percentage of building coverage and the percentage of landscape area in the general notes section of the site plan. 7 FILE NO.: Z-8367 (Cont. The site is being reviewed as an establishment for care of alcoholic, narcotic or psychiatric patients. According to the definition section of the zoning ordinance this use is defined as an establishment offering residence for outpatient treatment to alcoholic, narcotic or psychiatric patients. The use is an allowable use under the 0-1, Quiet Office Zoning District. The activities are currently taking place at Hoover Place located at Hoover Methodist Church just a few blocks west of this site. The center will provide on -site living accommodations through dormitory style housing offering 24 beds for females and 24 beds for male clients. Other activities on the site include office space for (4) potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium/dining room with seating capacity of 100, fitness room, classroom/training center. The residential treatment portion of the facility will operate 24 hours per day. The office portion of the development will operate during normal business hours with activities such as graduations or community meetings taking place during non -typical business hours. These activities will be limited and no schedule has been created for these activities. Most activities take place on weekends and most nightly activity should conclude before 9:00 pm. The site plan includes 22,000 square feet of building space, 22,143 square feet of hardscape area and 24,029 square feet of green space area. The total square footage designated for green space area represents 35.25 percent of the site. The site plan also includes an outdoor courtyard and recreation area and, within the building, recreational areas will be provided. 44 on -site parking spaces are indicated on the site plan. The developer also has indicated paving will be added along 11th Street to provide nine additional parking spaces. Based on typical ordinance requirements the required parking for the facility would be 51 spaces. The residential portion of the development would require the placement of 24 parking spaces and the office portion 27 parking spaces. Staff does not feel the lesser number of parking spaces will adversely impact the development or the area. Typically the residents will not be driving. The building is proposed with a 25-foot front yard setback and an 80-foot (±) rear yard setback. The western setback is proposed as 17.35 feet from the property line and the eastern setback is proposed as 16.74 feet. The site plan indicates the sidewalk located within the property boundary along the northern, eastern and western perimeters. The developer is requesting to place the sidewalks as proposed to allow for the addition of street parking in the future without relocating the sidewalk. A street buffer averaging eighteen feet in width is typically required around the site's perimeter and in no case less than nine feet or one-half the buffer requirement. The site plan indicates the placement of a 12-foot landscape E: FILE NO.: Z-8367 (Cont.) strip, the sidewalk and an additional 17 feet of landscaping along the western perimeter, a 10 to 12-foot landscape strip along the northern perimeter with the sidewalk located south of the proposed decorative screening fence and a 8-foot landscape strip a 6-foot sidewalk and a 12-foot landscape strip along the eastern perimeter. Staff is supportive of the sidewalks and street buffer as proposed. The sidewalks will be located within a sidewalk easement. Although, the buffering does not meet the typical ordinance standards, staff feels the buffering as proposed will provide adequate landscaping to enhance the site and the area. The site plan indicates the placement of a screening wall located along the northern perimeter between the proposed parking area and 11th Street. The wall is proposed as protection to the nearby residents and to screen the parking lot and to provide a shield for the automobile headlights utilizing these stalls. The site plan indicates the placement of a six-foot opaque privacy fence along the eastern perimeter where adjacent to an existing single-family home, which is to remain. Site lighting is to be low level and directional, directed downward and into the site. The dumpster has been located along Maple Street. The dumpster has been located near the non-residential activities along West 12th Street. The dumpster hours of service have not been limited. Staff recommends the hours of service be limited to daylight hours to lessen the impact on the nearby neighborhoods. The maximum building height proposed is 50 feet from the finished floor elevation. The building is proposed as a multi -story building and constructed with a hipped roof. The building design is proposed in a residential style with the building being constructed with architectural elements to break the massing of the facades. Signage is proposed consistent with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. The developers hope to construct the entire project in a single phase but have requested a phasing plan for the development of the site. According to the applicant, the center will be constructed as funding becomes available. Phase I of the development will consist of one of the dormitory buildings and about one-half of the parking most closely associated with it. The courtyard space will also be constructed and a wood privacy fence will be installed to delineate the courtyard area. The second phase will be one of two options, the beginning of the administration building to the south or the erection of the second dormitory building. Regardless, phase two will include the completion of the parking lot to the north. Phase III will be the completion of the portion of the administration or dormitory areas that have not been completed. According to the applicant, the site will be developed in three phases but there is potential for five phases depending 9 FILE NO.: Z-8367 (Cont.) upon how the administration building is constructed. The operation of Phase I includes several options including a temporary kitchen within or beside the dormitory itself, or the existing kitchen and dining hall at the Hoover House will be used for meal preparation. The request includes the phasing of street improvements as well. The street improvements to Maple Street would be constructed with the first building and as the second building comes on-line the improvements nearest the construction will be completed. The improvements to West 12th Street will be completed at the time of the construction of the administration building. The developer has indicated with the phasing of the street improvements this will allow the cost to be spread over three phases reducing the burden of cost. Staff has concerns with the development's location and the proposed phasing plan. Staff feels with a portion of the activities taking place at Hoover House and the remaining activities taking place on this site there is potential for a saturation of this type of institutional activities within the neighborhood. To the south of this site is a similar type use, Will's House, which provides transitional housing for men recently released from treatment. There are also a number of activities and uses in the area geared to the youth of the community. North of the site is the Florence Crittenden House and west of the site is the Willie Hinton Neighborhood Resource Center. Although, staff feels the activities and undertakings provided by the Hoover Methodist Church and the Hoover House are valuable to the community staff questions if this is the appropriate location for the use. Based on these concerns staff cannot support the request. STAFF RECOMMENDATIONS: Staff is not supportive of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was present. There were no registered objectors present. Staff stated upon further review, based upon meeting with the applicant and staff, it had been determined that the proposed facility did not fall under the definition of a correctional facility. Staff stated as such, no separate Conditional Use Permit was required. Staff stated the applicant may proceed forward through the process, as filed. Staff presented a recommendation of deferral of this site to the September 18, 2008, agenda. Staff stated new notice would be given to all parties as was done for the initial filing. 10 FILE NO.: Z-8367 (Cont.) There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Barry Williams and a number of representatives of the Black Community Developers were present representing the request. There were registered objectors and supporters present. Staff presented the item with a recommendation of non-support. Mr. Williams addressed the Commission on the merits and technical aspects of the development. Reverend Robinson addressed the Commission on the goals of the Black Community Developers. Reverend Robinson stated there had been a lot of activity along the 121h Street Corridor. He stated the BCD wanted to be a part of the new activity and new development in the area. He stated the City was considering a new police substation and reviewing efforts for revitalizing the area and the BCD wanted to share and be a part of the efforts. He stated the BCD had met weekly to ensure a quality development. He stated he appreciated all who had come to speak in support of the development and those who came to speak in opposition. He stated the care provided by BCD needed to take place in the City not in the County or on the outskirts of the Community. Mr. Williams stated the activities were currently taking place at Hoover United Methodist Church. He stated the facility currently housed 24 men. He stated the center served 12 women also but the women were housed elsewhere. He stated there were currently eight structures on the block and three were occupied. Mr. Williams stated the BCD had under contract or had already purchased all the properties proposed for rezoning. He stated the parking would be placed in the rear and the structure pulled to the street to have the look and feel of a residential structure. He stated the building would be constructed of brick and siding with a front porch along 12th Street. He stated the new facility would be a 5 million dollar investment into the neighborhood. He stated one of the property owners did not desire to sell and the center would provide buffering and screening around his home and the office uses would be located within this area to protect the homeowner. Mr. Williams stated the BCD had revised their proposed phasing plan due to concerns raised by staff. He stated the original phasing plan allowed bringing on line one dormitory at a time which would then leave a portion of the activities at Hoover United Methodist Church. He stated with the revised plan both dorms would come on-line in the first phase. He stated the current clients served would not be increased and the additional space would be used as a temporary kitchen 11 FILE NO.: Z-8367 (Cont.) and office space. He stated once the administrative offices were completed the addition dormitory space would be completed and the additional 12 women clients would be added. He stated all street construction would be completed in the first phase. He stated the entire site design package would also be completed with the first phase. Mr. Williams stated the relocation of the treatment aspect of the BCD activities would allow for a City funded youth program currently taking place at Hoover United Methodist Church to be separated. Reverend John Hammond addressed the Commission in opposition. He stated there were a number of questions in need of addressing before the Commission reviewed the request. He questioned the number of patients, the number of employees, if the patients were local or from other areas of the state or even nationally. He questioned the success rate of the program. He questioned how the center would embrace the community. He questioned the age ranges of the residents. He stated his desire was to see the neighborhood improve but felt this would detract from the area. Ms. Nancy Robinson addressed the commission addressed the Commission in opposition. She stated she was a resident of 824 Johnson Street. She stated she was opposed to the decision of constructing this facility within a neighborhood. She stated the value of homes would go down. She stated she wanted to keep the value of homes up in the area. She stated the neighborhood was drug infested and the residents could not go out at night because of the area. She stated she was raising children in the area and the site was located near her grandchildren's daycare. She stated the 5 million dollars could go to a better cause and be of better benefit than construction of a rehab center within the neighborhood. Mr. Ted Atkins addressed the Commission in opposition of the request. He stated he had lived in the neighborhood for 30 plus years. He stated there were two school bus stops located within the area proposed for rezoning. He stated children walked to school through this area. He stated this was not the location for a rehab center. He stated he did not want to go out his front door and/or take his children to the bus stop and be forced to see drug, alcohol or psychiatric patients. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the League felt this site was inappropriate for this type facility to be located within a residential neighborhood. She stated she was aware of the daycare because a number of residents had come down and spoke at the public hearing addressing the need for the daycare facility. She stated if BCD was only using one-half of the block with the activities taking place along 12th Street then the League would be more supportive of the development in this area. She stated a structure this intense did not belong in a residential setting. 12 FILE NO.: Z-8367 (Cont.) Ms. Jeanette Booth addressed the Commission in opposition. She stated she was the past president of the Pine to Woodrow neighborhood association. She stated for a number of years she worked to better the community and lost finances doing so. She stated the desire of the neighborhood was to add value to the area. She stated the residents took pride in their neighborhood even though the area was drug infested. She stated she was opposed to a mega rehab facility within the residential neighborhood. She stated the BCD was saying a dormitory would add pride and value to the neighborhood and she was here to tell the Commission no. She stated property values would decrease and more drug dealers would move to the area. She stated the BCD was not looking at the big picture but at the inside of the building. She stated a number of the patients recovered but a number fell back into the previous life. She requested the Commission vote with the people and the property owners not the building and the drug use. Ms. Lorena Bush addressed the Commission in opposition. She stated she had lived in the neighborhood for 38 years and lived one-half block from the proposed facility. She stated she was very opposed to the rezoning. Ms. Maudella Morehead addressed the Commission in opposition. She stated she represented Hope Neighborhood Association. She stated the anchor of a neighborhood should be strong and family oriented. She stated the BCD had opened the doors to recurring substance abusers and housed a substance abuse living center within crack alley. She stated 12t' Street was the central corridor of the City and after a number of years the City now recognized this. She stated work was progressing with the Mayor and City leaders to add vitality back to the area. She stated her desire was to add residential units to the area. She stated the neighborhood was looking at plans to add walking paths, open spaces, restaurants and business to the area. She stated Mid -town was not the place for this center. She stated the center needed to be on the outskirts of town. Ms. Quentilla Jones addressed the Commission in opposition of the request. She stated she lived in the area and her home was one of the homes proposed for removal. She stated she did not want to move. She stated she had raised her children in this home and was not ready to sell and move away from the area. Mr. William Oldham addressed the Commission in opposition. He provided the Commission with a petition containing 140 names in opposition of the request. Ms. Debbie Stripling, Director of the Florence Crittenden Youth home addressed the Commission in opposition of the request. She stated the youth center provided services to children whose parents were ordered to treatment centers for rehab. She stated the court typically did not allow the youth and parents to have contact. She stated there was a potential for the youth to be housed across 13 FILE NO.: Z-8367 (Cont. the street from the parents within the treatment program. She stated this could cause a difficult situation. Mr. Williams stated Ms. Jones property was under contract and BCD could provide a copy of the contract but did not have the contract with them this evening. Mr. Charles Vann addressed the Commission stating the agreement was for BCD to construct Ms. Jones a new home on Oak Street. He stated Ms. Jones had recently visited the site of her new home with the Reverend and himself as little as three weeks ago. Mr. Williams stated the BCD had served a diverse clientele from various backgrounds and income levels. He stated the success rate was 92 percent. He stated the new development would add value to the area. He stated with the new center a courtyard would be constructed for both the patients and the residents. He stated currently when the men took breaks they were forced to hang out on the sidewalk. He stated with the new center the private courtyard would allow the men to take their break within this area. He stated the new center would have better security and security cameras. He stated the front of the building would be designed to add to the community. He stated if school bus stops needed to be moved then the BCD would work with the school district to move the stops. Ms. Deborah Bell addressed the Commission. She stated the BCD had a number of partners and offered a number of programs for the residents. She stated the center was not just a rehab but provided a holistic approach to rehabilitation. She stated the BCD had constructed 24 new homes in the area and many of the homeowner had completed the rehab program offered by BCD. Reverend Robinson stated he had lived in the neighborhood for 39 years and his mother and grandmother had also lived in the community. Mr. Robert Webb addressed the Commission in support of the request. He stated the BCD was an asset to the Community and the City. He stated the City and the police department did not respond to calls within the area. He stated 911 calls were slow to be answered and when residents placed limbs on the curb for collection the piles would lay for a long time before the City came to pick up the debris. He stated a vote against BCD was a vote against the neighborhood. George Jean Allen addressed the Commission. She stated she was working with the Pine to Woodrow Neighborhood association and had seen the neighborhood decline. She stated the area had a number of boarded homes and felt the new construction would be an asset to the community. She stated the Commission needed to think about what was good for the community. She stated crime was in the neighborhood. She stated the facility would help to deter crime. 14 FILE NO.: Z-8367 (Cont.) Raven Gregory addressed the Commission in support. She stated she had lived in the neighborhood for four years and seen the crime in a state of change. She stated the BCD was there to help the community. She stated a recovery center would help everyone. She stated the community needed to help each other. Reverend Robinson stated the BCD was a part of the longevity of the community. He stated the 24 new homes constructed by the BCD were done so to add to the community. He questioned why the BCD would do anything to take away from the area it was trying so hard to revitalize. Deputy City Attorney Cindy Dawson stated if the BCD could not provide a copy of the contract or an affidavit with Ms. Jones' signature then the Commission had no ground to hear the item. She stated the code was very specific and Ms. Jones had stated in the public hearing BCD did not have authorization to rezone her property. There was a general discussion by the Commission concerning what was acceptable proof for rezoning. Staff stated an executed affidavit by the property owner or a contract which included language regarding rezoning. A motion was made to defer the item to the October 30, 2008, public hearing. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant is working to secure affidavits and extended contracts for the proposed properties not currently owned by the Black Community Developers. Staff will have copies of the contracts and the affidavits on file prior to the Commission acting on the request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Mr. Barry Williams was present representing the request. There were registered objectors present. Staff presented the item stating the item was previously deferred because of concerns over the authorization for a parcel of property located within the development area. Staff stated BCD had provided staff with all the required information concerning affidavits and contracts to purchase on the property not owned by BCD. Staff questioned if the Commission would like a full presentation on the item. The Commission indicated a full presentation from staff was not required. Mr. Barry Williams presented the Commission with an overview of the development and the proposal of the Black Community Developers. He stated the development would be constructed in two phases with the residential 15 FILE NO.: Z-8367 (Cont.) treatment in the first phase. He stated 24 men and 12 women would be housed at the site. He stated the remainder of the area for the women would be used as office space and areas for feeding the clients until the additional phases were complete. He stated the 12th Street Corridor Committee met this week and the desire of the area was for the Pine/Cedar Street area to become an institutional node. He stated with Hoover, the Willie Hinton Center and the Empowerment Center this completed that desire. He stated the educational component of the Empowerment Center would also provide educational and training opportunities which also met the goal for the future desires of development for the 12th Street Corridor. Ms. Maudella Morehead addressed the Commission in opposition of the request. She stated she represented the Hope Neighborhood Association and was a parent and grandparent. She stated she understood the need for rehabilitation services but the mid town area did not need any more such facilities. She stated such facilities were better served if located outside the neighborhood. She stated the services offered were a duplication of services. She stated all the services proposed were provided at UAMS. She requested the Commission not allow the development within the community. She stated with a no vote the community would be empowered to rise up and make a change. Ms. Elsie Adkins addressed the Commission. She stated she lived in the area for 40 years. She stated she did not feel the use of the property was a good use to be located near children. She stated her children and grandchildren played in the yard and felt with the addition of the Empowerment Center they would not be as safe. She stated the youth living at the Crittenden Home felt like the facility was a home and also should not be exposed to the residents of the treatment facility. Mr. Ted Adkins addressed the Commission in opposition. He stated within the area proposed for the treatment center there were a number of school bus stops. He stated the children catching the school buses should not be exposed to persons within the rehab program. He stated a number of the persons within the treatment program were doing so to beat the system and not go to prison. He stated these were the persons the children should not be forced to be around. He stated the youth of today are our leaders of tomorrow. He stated it was all about the children. Ms. Ruth Bell addressed the Commission in opposition. She stated the League of Women Voters was not supportive of the request. She stated the neighborhood was influx and was turning the corner. She stated this was due to a great deal of work on behalf of the area residents and work by the Hoover United Methodist Church. She stated the use was too intense for the site and the neighborhood. She stated with the addition of the Phase II activities the use of the site would be even more intense than in the initial phase. She stated the League did not feel this was the right location. HY FILE NO.: Z-8367 (Cont.) Ms. Debbie Stipling addressed the Commission. She stated she was representing the Florence Crittenden Home. She stated the facility was a mercy shelter for children infant to 17 years of age. She stated the center had served 98 children this year. She stated the concern of the center was for the safety of the youth and the outside surroundings. She stated it was important to keep the neighborhood historic. Mrs. C. Killingsworth addressed the Commission in opposition. She stated had lived in the community for 40 plus years. She stated the neighbors had cleaned up the area removing a drug house. She stated the neighborhood did not need another facility such as the Hoover House. She stated the community had its share of rehab facilities. She stated there were a number of residents who lived in their homes who did not feel safe and with the placement of a rehab facility in the area this would only increase their insecure feelings. Mr. Barry Williams stated the properties being considered for development were 5 vacant lots, 5 uninhabited structures and 3 residences. He stated the school bus stops could be relocated to ensure the safety of the children. He stated the courtyard area would be fenced to keep the clients secure as well as the residents. He stated the redevelopment of the site would add value to the neighborhood not take away from property values. Ms. Deborah Bell addressed the Commission in support. She provided the Commission with letters of support from persons within the community. She stated the facility was relocating from Hoover House to this site and would not be a duplication of services. She stated based on National Marketing Models facilities worked best when placed within a residential neighborhood and not in areas away from interaction. She stated BCD operated programs for youth as well as the rehabilitation service. She stated they were very concerned with providing services which did not interfere with other programs offered. Reverend Robinson stated BCD had constructed 24 new homes in the area. He stated BCD would not be doing anything they felt would decrease property values in the area. He stated there were a number of residents who were experiencing the NIMBY syndrome. He stated the location was an appropriate location and if the Commission did not feel this was an appropriate location he requested the Commission help him find a location. Commissioner Nunnley stated he was well aware of longevity. He stated when the request came in for Wills House the Commission was told they did not want to be intrusive into the neighborhood. He stated the development as proposed smacked with intrusiveness. He stated to put the development in the neighborhood was mission creep. He stated he felt the developers would be back in three years wanting something larger. 17 FILE NO.: Z-8367 (Cont.) Commissioner Williams stated he did not agree. He stated he felt the proposed location was an appropriate location for the center. He stated BCD had constructed 24 new homes in the area and he did not feel BCD would do anything that would negatively impact the area. He stated there were not enough jails and prisons to hold all the convicted persons for drugs and alcohol. He stated centers such as this were necessary to keep the jail system at a manageable level. A motion was made to approve the request. The motion carried by a vote of 6 ayes, 4 noes 0 absent and 1 open position. ITEM NO.: 13.1. Z-8367 NAME: BCD Empowerment Center Short -form POD LOCATION: located at 3604 West 12th Street Planning Staff Comments_ 1. Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notices must be mailed no later than July 23, 2008. The Office of Planning and Development must receive the proof of notice no later than August 1, 2008. 2. A minimum of 10 to 15 percent of the site is to be designated to landscape. Provide the percentage provide. 3. Provide the percentage of building coverage, the percentage of landscaping and the percentage of paved area. 4. The residential aspect of the development will require a Conditional Use Permit in accordance with the placement of a correctional institution. See Section 36- 107(13)(a). 5. Site lighting must be low level and directional, directed downward and into the site. Variance/Waivers: Public Works Conditions: 1. Due to the proposed use of the property, the Master Street Plan specifies that Maple Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that 11th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Due to the proposed use of the property, the Master Street Plan specifies that Valentine Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 4. 12th Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 5. A 20 foot radial dedication of right-of-way is required at all intersections. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Maple Street including 5-foot sidewalks with the planned development. The new back of curb should be 18 feet from centerline. The intersection curb radius at Maple Street and 11th Street should be improved to a 30 foot radius as shown on plan. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 11th Street including 5-foot Item # 13.1. sidewalks with the planned development. The new back of curb should be located 18 feet from centerline or as shown on plan. The intersection curb radius at 11th Street and Valentine Street should be a 30 foot radius as shown on plan. 8. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Valentine Street including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline. 9. The intersection curb radius at West 12th and Maple Streets should be constructed to a 30 foot radius. 10. Sidewalk easements should be platted where the sidewalk is outside of the new right-of-way. 11. The sidewalk on Valentine Street should extend to the property in line with the remainder of the sidewalk and then turn toward Valentine Street if desired. 12.The curb should be extended to the property line in line with the remaining curb and then turn toward the existing street. 13. All old curb cuts should be closed with curbing. 14. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 15.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. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of work. 16. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 17. 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). 18. 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. 19.On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 20.Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379- 1805 (Travis Herbner) for more information. 21. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for a any other purpose. 22.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. 23.The driveways should be constructed with maximum 15 foot radiuses. 24. Remove parallel parking spaces from Maple Street due to lack of sight distance for drivers trying to access Maple Street from the parking area. This will allow the back of sidewalk to be moved to the property line. 25.Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the vehicle parking in the right-of-way. Item # 13.1. 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). If buildings are have a fire sprinkler system, please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on CATA Bus Route #3 — the Baptist Medical Center Route. Planning Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a Planned Office Development for a residential/training facility. A Land Use Plan Amendment from Single Family to Mixed Use is a separate item on this agenda (LU08-09-02). Master Street Plan: 12th Street is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. Maple Street, West 11th Street and Valentine Street are Local Streets. 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: There are no bike routes in the immediate vicinity. Item # 13.1. NeLqhborhood Action Plan: This area is covered by the Stephens Neighborhood Action Plan. The Public Safety goal states: "Remove unsafe housing form the neighborhood." This application would remove several vacant/unsafe buildings from this city block in the neighborhood. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. The zoning street buffer requires an average eighteen foot wide (18') street buffer around the sites entirety and in no case should be less than half. It appears that this can easily be met by simply shifting the sidewalks into the public right-of-way. 3. Street trees are both encouraged and appreciated. 4. An automatic irrigation system to water landscaped areas will be required. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 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, July 23, 2008. Item # 13.1.