pc_02 02 2012
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
FEBRUARY 2, 2012
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Tom Brock
William Changose
Janet Dillon
Rebecca Finney
Keith Fountain
Dan Harpool
Troy Laha
Obray Nunnley, Jr.
Amy Pierce
Bill Rector
Members Absent: J. T. Ferstl
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 15, 2011 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
FEBRUARY 2, 2012
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8727 Reach Out and Touch Christian Church – Conditional
Use Permit
SW corner of Mabelvale Pike and West 49th Street
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-8737 Rezoning from R-2 to C-3
North side of Highway 5, approximately 600 feet east of
Crystal Valley Road
2. Z-8486-A Carter Group Home – Special Use Permit
3517 West 25th Street
3. Z-8734 Lee Boarding Facility – Special Use Permit
122 Pleasant Valley Drive
4. Z-8735 Oxford House Group Home – Special Use Permit
102 Brookside Drive
5. Z-2800-C Wade Beauty Salon – Conditional Use Permit
8500 Kanis Road
6. Z-3732-A 5612 Geyer Springs Road Barber Shop – Conditional
Use Permit
5612 Geyer Springs Road
7. Z-8731 Maduro Cigar Bar and Lounge Private Club –
Conditional Use Permit
109 Main Street
Agenda, Page Two
II. NEW BUSINESS:
Item Number:
File Number:
Title:
8. Z-8736 900 N. University Avenue Nail Salon – Conditional
Use Permit
900 N. University Avenue, Suite 3
9. LU12-01 Update Land Use Plan Narrative
February 2, 2012
ITEM NO.: A FILE NO.: Z-8727
NAME: Reach Out and Touch Christian Church –
Conditional Use Permit
LOCATION: Southwest corner of Mabelvale Pike and
West 49th Street
OWNER/APPLICANT: A. W. Hepp and Timothy Nalls/
Nolan Rushing, Colliers International
PROPOSAL: A conditional use permit is requested to allow for the
phased development of this vacant R-5 and O-3
zoned property for a church.
1. SITE LOCATION:
The property is located on the southwest corner of Mabelvale Pike and
West 49th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. Vacant I-2
and MF-24 property and a large area of floodway are located to the north.
Single-family residences and what appears to be a vacant multifamily
development are located across Mabelvale Pike to the east. Single-family
residences, a boarded residential structure and a vacant non-residential
building are located to the west. A convenience store, multifamily, auto
garage and commercial uses are located to the south. Development of
this property as a church appears to be compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress and Geyer
Springs Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The parking requirement for a church is one parking space for every four
seats in the main worship area. The pre-phase I building will have seating
for approximately 60 persons. In this phase, a single driveway will be
constructed off of Mabelvale Pike. Parking for 37 vehicles will be built with
pre-phase I. The church is requesting an 18-month deferral of the paving
requirement for these 37 spaces. Phase I will include additional parking,
bringing the total up to 91 spaces. An additional driveway onto West 49th
Street will be built in Phase I.
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
A twelve-foot (12’) wide land use buffer is required to separate this
proposed development from the residential property on the western
perimeter of the site. Seventy percent (70%) of these buffers are to
remain undisturbed.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the western perimeter of the site. Credit towards fulfilling this requirement
can be given for existing trees and undergrowth that satisfies this
year-around requirement.
A small amount of building landscaping will be required in conjunction with
this application.
An automatic irrigation system to water landscaped areas will be required.
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.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that 49th Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to 49th St.
including 5-foot sidewalks with planned development. The new back of
curb should be located 15.5 ft from the centerline. At least 20 ft of
asphalt surface must be provided.
3. The driveway on 49th St must be located at least 100 ft from the
property line. The driveway on Mabelvale Pike must be located at
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
3
least 150 ft from the property line. Variances must be requested for
the proposed locations.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: Approved as submitted.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional 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.
Contact Central Arkansas Water regarding the size and location of the
water meter.
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
4
Fire Department: Approved as submitted. Fire hydrant per Code,
maintain access at least twenty (20) foot wide.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011)
Joe White and Rev. Dave Williams were present. Staff presented the item and
explained the phasing plan. Mr. White presented a drawing showing pre-phase I
as a modular building with a small parking lot taking access off of Mabelvale
Pike. Staff stated some information was needed on the pre-phase I project.
Staff told the Committee that subsequent phases would have to be brought back
to the Commission for review and approval. Staff stated pre-phase I would have
a specific time frame attached.
Public Works and Landscape Comments were presented. It was determined that
it would be appropriate to defer improvements to West 49th Street until phase I,
the first permanent phase. Mr. White asked if gravel parking could be used.
Staff stated the driveway needed to be paved and the paving of the pre-phase I
parking could be deferred for a time such as 18 months, but not waived.
The applicant was advised to submit a revised plan and responses to staff
issues. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Reach Out and Touch Christian Church is requesting approval of a conditional
use permit to allow for construction of a church on the vacant property located at
the southwest corner of Mabelvale Pike and West 49th Street. The property
contains approximately 2 acres. The northern 1.16 acres are zoned R-5. The
southern 0.83 acres are zoned O-3.
The development is a phased project with pre-phase I being a temporary
building, a single driveway onto Mabelvale Pike and a portion of the parking lot.
Use of the pre-phase I temporary building is to be for five (5) years or until
construction of the permanent Phase I building, whichever occurs first. The
pre-phase I building will have a worship area that will accommodate 60 persons.
The driveway off of Mabelvale Pike will be paved for a length of approximately
80 feet. The 37 parking spaces in this phase will be gravel for a period not to
exceed 18 months, at which time that parking will be paved to comply with Code.
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
5
Phase I is a multipurpose facility of approximately 12,260 square feet in area.
This building will contain classrooms, gymnasium, temporary sanctuary, etc…
With Phase I, the remainder of the parking and a second driveway onto West 49th
Street will be constructed. Phase II will be a 7,740 square foot addition to the
phase I building; containing the sanctuary.
The phase I and phase II expansions will be brought back to the Planning
Commission for review and approval at which time all permanent aspects of the
development will be reviewed.
Signage will comply with that allowed in office and institutional zones. No
additional uses such as private school, day care or mother’s day out are
proposed. Days and hours of use will be those that are typical for a church. The
dumpster and required screening have been indicated on the plan on the
southern portion of the site, near the adjacent commercially zoned properties.
To staff’s knowledge there are no outstanding issues. Staff believes the
proposed small church is an appropriate use of the site. There is no bill of
assurance for this acreage tract. Staff supports the requested variances to allow
the driveway spacing on Mabelvale Pike and West 49th Street as shown and a
deferral of the West 49th Street improvements until construction of the Phase I
building or five (5) years, whichever comes first.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Placement of the temporary pre-phase I building is to be limited to a
maximum of 5 years.
3. Placement of the building must comply with all applicable building code
requirements.
4. Installation and maintenance of the required buffers and screening must be
completed for the portion of the site to be used in pre-phase I.
5. The Phase I and Phase II expansions must be brought back to the Planning
Commission as revisions to the CUP for review and approval.
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
6
Staff recommends approval of a driveway spacing variance to allow the
driveways on West 49th and Mabelvale Pike as proposed.
Staff recommends approval of the deferral of half-street improvements to West
49th Street for five (5) years or until construction of the permanent Phase I
building, whichever occurs first.
Staff recommends approval of the request to utilize gravel parking for the
pre-phase I 37 parking spaces for a period not to exceed 18 months. The gravel
parking area must be defined and contained.
PLANNING COMMISSION ACTION: (DECEMBER 15, 2011)
The applicant was not present. There were no objectors present. Staff informed
the Commission that, on December 12, 2011, the applicant had requested
deferral of the item to the February 2, 2012 meeting to allow for possible
revisions to the plan. Staff recommended approval of the deferral request.
There was no further discussion. A motion was made to waive the Commission’s
bylaws to accept the late deferral request. The motion was approved by a vote
of 8 ayes, 0 noes and 3 absent. The item was placed on the consent agenda
and approved for deferral to the February 2, 2012 meeting by a vote of 8 ayes,
0 noes and 3 absent.
STAFF UPDATE:
In response to concerns raised by some neighborhood residents, the church has
revised its plans for the property. No longer is a pre-phase I, including use of a
temporary building being proposed. The project has been fleshed out to the
extent that the complete, three-phase plan can be reviewed with no requirement
for Commission review of future phases, unless there is substantial change.
Phase I now consists of a 6,600 square foot, multipurpose building. This is a
single story building with a maximum height of 35 feet. The building will contain
some office space and a kitchen. The multipurpose space will be used for
worship, fellowship and recreational purposes. A single driveway off of
Mabelvale Pike will be installed as will parking for 30 to 40 vehicles. An
18-month deferral of the paving requirement for the parking spaces is requested.
Phase II will be a two-story, 9,000 square foot addition containing office and
classroom space. Additional parking will likely be a part of this phase.
Phase III will be the final sanctuary building addition of 7,100 square feet and
completion of the parking if it was not completed in Phase II.
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
7
The buildings will be of metal construction with possibly some brick or stone
accents.
No access will be taken from 49th Street until that street is improved. The
applicant is requesting a deferral of improvements to that street until construction
of the Phase III sanctuary, a period of 5 years or if the development takes access
from the street, whichever occurs first.
Signage will comply with that allowed in office and institutional zones. No
additional uses such as private school, day care or mother’s day out program are
proposed. Days and hours of use will be those that are typical for a church.
Dumpster service will be limited to daylight hours.
To staff’s knowledge, there are no outstanding issues. Staff is supportive of the
revised plan.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the amended conditional use permit subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Installation of the required buffers and screening must be completed with
Phase I.
Staff recommends approval of a driveway spacing variance to allow the
driveways on West 49th and Mabelvale Pike as proposed.
Staff recommends approval of the deferral of half-street improvements to West
49th Street for 5 years, until construction of the Phase III sanctuary or until the
development takes access from West 49th Street; whichever occurs first.
Staff recommends approval of the request to utilize gravel parking for the Phase I
parking only for a period not to exceed 18 months. The gravel parking area must
be defined and contained. A paved driveway apron must be installed to prevent
gravel from being carried onto the street. The gravel parking area must be
maintained in a manner that does not result in the creation of dust, mud, silt or
standing water.
February 2, 2012
ITEM NO.: A (Cont.) FILE NO.: Z-8727
8
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, including all comments and
conditions, as outlined in the “staff recommendation” above. There was no
further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent.
February 2, 2012
ITEM NO.: 1 FILE NO.: Z-8737
Owner: Lando and Rosalie Patton
Applicant: Joe White
Location: North side of Highway 5, approximately 600 feet east
of Crystal Valley Drive
Area: 4.6254 Acres
Request: Rezone from R-2 to C-3
Purpose: Future commercial development
Existing Use: Construction office, warehouse and yard
SURROUNDING LAND USE AND ZONING
North – Undeveloped; zoned R-2
South – Garage door business and residential structures; zoned C-3
East – Salvage yard; zoned C-3 and R-2
West – Auto repair business, dental office and single-family residences;
zoned C-4, PD-O and R-2
A. PUBLIC WORKS COMMENTS:
1. Stagecoach Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, and the SWLR United
for Progress, Crystal Valley and Otter Creek Neighborhood Associations were
notified of the public hearing.
February 2, 2012
ITEM NO.: 1 (Cont.) FILE NO.: Z-8737
2
D. LAND USE ELEMENT:
This request is located in the Crystal Valley Planning District. The Land Use
Plan shows Commercial (C) and Residential Low Density (RL) for this property.
The Commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that
they serve. The Residential Low Density category provides for single-family
homes at densities not to exceed 6 dwelling units per acre. Such residential
development is typically characterized by conventional single family homes, but
may also include patio or garden homes and cluster homes, provided that the
density remain less than 6 units per acre. The applicant has applied for a
rezoning from R-2, Single Family to C-3, General Commercial.
Master Street Plan:
Stagecoach Road is a Principal Arterial. A Principal Arterial is to serve thorough
traffic and to connect major traffic generators or activity centers within the
urbanized area. Entrances and exits should be limited to minimize negative
effects of traffic and pedestrians on Stagecoach Road since it is a Principal
Arterial. This street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class II Bike Lane is shown along Stagecoach Road. Bike Lanes provide a
portion of the pavement for the sole use of bicycles.
E. STAFF ANALYSIS:
Lando and Rosalie Patton, owners of the 4.6254 acre property located on the
north side of Highway 5 (Stagecoach Road), approximately 600 feet east of
Crystal Valley Drive, are requesting to rezone the property from “R-2” Single
Family District to “C-3” General Commercial District. The rezoning is proposed
for C-3 use of the property or future commercial development.
The property contains two (2) one-story commercial buildings within the south
portion of the site. A paved driveway from Highway 5 is located within a
pipe-stem, extending from the southeast corner of the property. The northern
portion of the property is mostly grass-covered. The property is wooded along
the west property line, north of the existing buildings. A paved driveway and two
(2) small paved parking areas are also located within the south portion of the
property.
February 2, 2012
ITEM NO.: 1 (Cont.) FILE NO.: Z-8737
3
The general area contains a mixture of uses and zoning along the north side of
Highway 5. A salvage yard on C-3/R-2 zoned property is located to the east. An
auto repair business, dental office and single-family residences are located to the
west. Single-family structures and a garage door business are located to the
south. Undeveloped R-2 zoned property is located to the north.
The City’s Future Land Use Plan designates this property as Residential Low
Density and Commercial. The proposed rezoning to C-3 will not require a
change to the Land Use Plan based on the facts that a portion of the property is
designated as Commercial, it is comprised of one (1) ownership and the C-3
zonings to the east extend further north than the Commercial designation.
Staff is supportive of the requested C-3 rezoning. Staff views the request as
reasonable. The property has a history of being used as an office, warehouse
and yard area for a construction company. The property is located in an area
along a principal arterial roadway, which contains a variety of C-3 and C-4 type
uses. The commercial uses and zoning to the east extend as far north (or
farther) as the subject property. Any future redevelopment of the property will
include required buffers, landscaping and screening where adjacent to residential
uses and zoning. Staff believes the proposed C-3 zoning represents a
continuation of the zoning pattern in this area, and will have no adverse impact
on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
The applicants were present. There were no objectors present. Staff presented the
item and a recommendation of approval. There was no further discussion. The item
was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and
1 absent.
February 2, 2012
ITEM NO.: 2 FILE NO.: Z-8486-A
Name: Carter Group Home – Special Use Permit
Location: 3517 West 25th Street
Owner/Applicant: Gaylon and Myriam Carter
Proposal: A Special Use Permit is requested to allow a
group home to be operated in the single-family
residence located on the R-3 zoned property at
3517 West 25th Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Love,
Goodwill and Stephens Area Faith Neighborhood Associations were
notified of the public hearing.
B. Public Works Issues:
1. Obtain a franchise agreement from Public Works (Bennie Nicolo –
371-4818) for the fence and wall improvements located in the
right-of-way.
C. Staff Analysis:
The R-3 zoned property at 3517 West 25th Street is occupied by a one-
story brick and frame residential structure. The property is located at the
southeast corner of West 25th Street and S. Valentine Street. There is a
two-car wide driveway from S. Valentine Street, with parking for six (6)
vehicles. On-street parking is available along both West 25th and S.
Valentine Streets. The residence is 2,700 square feet in area.
The surrounding properties to the east, west and south are zoned R-3 and
R-4 and contain residential uses. There is an old school building to the
north across West 25th Street, which is used by the Little Rock School
District’s security department.
The applicants, Gaylon and Myriam Carter, are requesting a special use
permit to allow operation of a group home within the residential structure
on the R-3 zoned property at 3517 West 25th Street. The applicants
propose the group home for up to eleven (11) female residents with
disabilities. There will be one (1) live-in house manager. The applicants
note that there will be some in-house counseling provided to the residents.
February 2, 2012
ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A
2
The applicants also note that the majority of the residents will not have
vehicles.
Following is the definition of a group home as found in Section 36-3 of the
City’s Zoning Ordinance:
“Group home means a facility that does not fall within
another defined facility category within this section and
which provides housing in a family-like environment to
more than four (4) handicapped individuals. This use
is permitted only as a special use as designated in
this chapter.”
The applicants note that the total area of the residential structure is 2,700
square feet. The applicants propose to house the residents in four (4)
bedrooms as follows:
Bedroom 1 – 255 square feet – 4 residents
Bedroom 2 – 150 square feet – 2 residents
Bedroom 3 – 144 square feet – 1 resident
Bedroom 4 – 546 square feet – 5 residents
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 12 persons is
1,250 square feet. As noted earlier the residential structure contains
2,700 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant. The
occupancy for the bedrooms as proposed conforms to this ordinance
requirement.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions, as adopted by the Board of Directors on September 6, 2005:
1. family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility.
(a) Separation, spacing and procedural requirements for
family care facilities, group care facilities, group homes,
February 2, 2012
ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A
3
parolee or probationer housing facilities and rooming,
lodging and boarding facilities will be determined by the
Planning Commission so as not to adversely impact the
surrounding properties and neighborhood. Unless the
commission determines that a different area is more
appropriate, a neighborhood shall be defined as an
area incorporating all properties lying within one
thousand five hundred (1,500) feet of the site for which
the permit is requested.
(b) There shall be a presumption that a special use permit
for a group home of 5, 6, 7, or 8 handicapped persons
will be granted if all ordinance requirements are met,
except that individuals whose tenancy would constitute
a direct threat to the health or safety of other individuals
of whose tenancy would result in substantial physical
damage to the property of others shall not be allowed in
such a home.
(c) Issues that the planning commission will consider
during its review of a family care facility, group care
facility, group home, parolee or probationer housing
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to
be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi-public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on-site parking.
(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility,
group home, parolee or probation housing facility or
rooming, lodging and boarding facility.
February 2, 2012
ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A
4
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be
operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
The site is not located on a CATA bus route. Route #14 (Rosedale Route)
runs along W. Roosevelt Road, approximately two (2) blocks to the south.
The applicant submitted a copy of a Bill of Assurance for this
neighborhood. The document was recorded in 1912. It is handwritten and
not very legible. It addresses no use issues.
An area survey conducted by staff revealed the following residential living
facilities within 1,500 feet of this property:
• Compassion Center – 3618 Roosevelt Road
(Homeless shelter for 200-250 men)
• Magnolia Retirement Facility – 3601 Roosevelt Road
(Living facility for up to 183 retired or disabled persons)
• Quality Living # 1 – 3925 Asher Avenue
(Chemical-free facility for up to 60 persons)
• Quality Living # 2 – 2900 S. Cedar Street
(Chemical-free facility for 10-15 persons)
• St. Francis House – 2701 S. Elm Street
(Homeless shelter for 40-50 veterans)
• Compassion Center – 4210 Asher Avenue
(Homeless shelter for up to 43 women)
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
Staff does not support the requested Special Use Permit to allow a group
home at 3517 West 25th Street. Although the number of residents
proposed with respect to the overall size of the structure conforms to
Section 8-406 of the code, staff believes the request for 11 residents is too
many for a single-family residential setting. Staff feels the number of
February 2, 2012
ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A
5
residents proposed for the group home pushes the proposed group home
into more of an institutional category rather than a family home
environment. Staff believes the intent of the ordinance is to allow smaller
number of individuals to live together in a single-family home setting.
Given the occupancy level proposed for the group home use being more
institutional in nature, staff believes the use would be more appropriate
within an area adjacent to a major roadway; an area where other
institutional uses exist. The proposed group home is located within a
residential area, surrounded entirely by residential zoning.
D. Subdivision Committee Comment: (January 11, 2012)
Gaylon and Myriam Carter were present, representing the application.
Staff briefly described the proposed group home use. Staff noted that
additional information was needed with respect to the size and occupancy
for each bedroom. In response to a question from staff, the applicants
noted that less than half (25 to 50 percent) of the residents would have
vehicles. The applicants also noted that some in-house counseling will be
provided to the residents. The Public Works Comment was briefly
discussed.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to allow a
group home at 3517 West 25th Street.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
Gaylon and Myriam Carter were present, representing the application. There
were no objectors present. Staff presented the application with a
recommendation of denial.
Cindy Dawson, City Attorney, reviewed ordinance definitions and ordinance
regulations; the definition of family and the presumption section of 36-54(e)(4).
She noted that it has been determined by law that recovering substance abusers
are considered handicapped.
Gaylon Carter addressed the Commission in support of the application. He
noted that his wife was a counselor. He explained the need for this type of
February 2, 2012
ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A
6
facility. He amended the application to have a total of eight (8) residents and two
(2) house managers. Mr. Carter noted that both house managers would live
there.
In response to a question from the Commission, Tony Bozynski noted that staff’s
main concern was the number of residents proposed.
Staff gave the following revised recommendation:
Staff recommended approval of the amended Special Use Permit to
allow a group home use at 3517 West 25th Street, subject to the
following conditions:
1. A maximum of eight (8) handicapped residents and two (2)
house managers will be allowed.
2. Compliance with all other requirements as found in Section
36-54(e)(4) of the Code.
3. All requirements of the LR Fire Marshal be completed and an
approval letter submitted to staff prior to occupancy as a group
home.
Commissioner Brock asked about security for the property. Dr. Carter
explained that the property was fenced and that the fencing would be
repaired.
There was a motion to approve the amended Special Use Permit as
recommended by staff. The motion failed by a vote of 3 ayes, 7 nays and
1 absent. The application was denied.
February 2, 2012
ITEM NO.: 3 FILE NO.: Z-8734
Name: Lee Boarding Facility – Special Use Permit
Location: 122 Pleasant Valley Drive
Owner: Kichang and Grace Lee
Applicant: Dan F. Bufford
Proposal: A Special Use Permit is requested to allow a rooming,
lodging and boarding facility to be operated in the
single-family residence located on the R-2 zoned
property at 122 Pleasant Valley Drive.
STAFF UPDATE:
On January 9, 2012, the applicant submitted a letter to staff requesting this application
be deferred to the March 15, 2012 Planning Commission agenda. The applicant is
requesting the deferral to allow time to meet with the Pleasant Valley Property Owners’
Association to discuss the proposal for the property. Staff supports the requested
deferral.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
Staff informed the Commission that the applicant submitted a letter on January 9, 2012
requesting this application be deferred to the March 15, 2012 Agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the March 15, 2012
Agenda with a vote of 10 ayes, 0 noes and 1 absent.
February 2, 2012
ITEM NO.: 4 FILE NO.: Z-8735
Name: Oxford House Group Home – Special Use
Permit
Location: 102 Brookside Drive
Owner: AROX, LLC
Applicant: Oxford House – Brookside/Jack Fryer
Proposal: A Special Use Permit is requested to allow a
group home to be operated in the single-family
residence located on the R-3 zoned property at
102 Brookside Drive.
A. Public Notification:
All owners of property located within 200 feet of the site and the
Pennbrook/Cloverhill, Briarwood and Sunnymeade Neighborhood
Associations were notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
The R-2 zoned property at 102 Brookside Drive is occupied by a one-story
frame single-family residential structure. The property is located at the
northwest corner of Brookside Drive and West Markham Street. There is
a one-car wide driveway from Brookside Drive, with a two-car wide carport
on the north end of the residence. There is a one-car wide drive from
West Markham Street, with parking for two (2) vehicles on the west side of
the house. There is off-street parking for approximately five (5) vehicles.
No on-street parking is allowed on either street.
The properties to the east, west and north are zoned R-2 and contain
single-family residences. A service station and large shopping center are
located across West Markham Street to the south.
The applicant, Oxford House – Brookside (Jack Fryer), is requesting a
Special Use Permit to allow operation of a group home within the
residential structure on the R-2 zoned property at 102 Brookside Drive.
The applicant proposes the group home for up to seven (7) male residents
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
2
who are disabled and recovering from alcohol or substance abuse. There
will be no live-in staff. The applicant notes that no other activities such as
counseling or meetings will take place on the site. The applicant also
anticipates that no more than three (3) of the residents will have vehicles.
Following is the definition of a group home as found in Section 36-3 of the
City’s Zoning Ordinance:
“Group home means a facility that does not fall within
another defined facility category within this section and
which provides housing in a family-like environment to
more than four (4) handicapped individuals. This use is
permitted only as a special use as designated in this
chapter.”
The applicant notes that the total area of the residential structure is 1,900
square feet. The applicant proposes to house the residents in four (4)
bedrooms as follows:
Bedroom 1 – 120 square feet – 1 resident
Bedroom 2 – 168 square feet – 2 residents
Bedroom 3 – 168 square feet – 2 residents
Bedroom 4 – 168 square feet – 2 residents
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 7 persons is
750 square feet. As noted earlier the residential structure contains 1,900
square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant. The
occupancy for the bedrooms as proposed conforms to this ordinance
requirement.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions, as adopted by the Board of Directors on September 6, 2005:
1. family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility.
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
3
(a) Separation, spacing and procedural requirements for
family care facilities, group care facilities, group homes,
parolee or probationer housing facilities and rooming,
lodging and boarding facilities will be determined by the
planning commission so as not to adversely impact the
surrounding properties and neighborhood. Unless the
commission determines that a different area is more
appropriate, a neighborhood shall be defined as an area
incorporating all properties lying within one thousand five
hundred (1,500) feet of the site for which the permit is
requested.
(b) There shall be a presumption that a special use permit
for a group home of 5, 6, 7, or 8 handicapped persons
will be granted if all ordinance requirements are met,
except that individuals whose tenancy would constitute a
direct threat to the health or safety of other individuals of
whose tenancy would result in substantial physical
damage to the property of others shall not be allowed in
such a home.
(c) Issues that the planning commission will consider during
its review of a family care facility, group care facility,
group home, parolee or probationer housing facility, or
rooming, lodging and boarding facility include, but are
not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to
be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi-public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on-site parking.
(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility,
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
4
group home, parolee or probation housing facility or
rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be
operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
The site is located on CATA bus route #5 (West Markham Route), which
runs along West Markham Street.
The applicant submitted a copy of the Bill of Assurance for this neighborhood.
The document was recorded in 1957 and appears to still be valid. The Bill of
Assurance appears not to specifically address use issues, but contains the
following statement:
“The lots in this addition shall be known and described as
residential lots, and no structure shall be erected on any
residential lot other than one detached single-family
residence.”
An area survey conducted by staff revealed only one (1) other living facility
within 1,500 feet of this property; a nursing home on the west side of
Brookside Drive, north of Rodney Parham Road. There are no other
group home-type uses within this neighborhood to staff’s knowledge.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
Staff is supportive of the application for a group home, as proposed by the
applicant. Staff views the request as reasonable. The property is zoned
R-2 and four (4) unrelated persons could occupy the structure by right.
Additionally, as noted in Section 36-54(e)(4) of the code (page 3. of the
staff report), there shall be a presumption that a special use permit for a
group home of 5 to 8 handicapped persons will be granted if all ordinance
requirements are met. Staff believes that is the case with the subject
property. Utilizing the parking area in the rear yard area in combination
with the carport and drive should be sufficient to serve the proposed group
home use. Staff believes the proposed group home use will have no
adverse impact on the adjacent properties or the general area.
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
5
D. Subdivision Committee Comment: (January 11, 2012)
Jack Fryer was present, representing the application. Staff briefly
described the proposed group home use. In response to a question from
staff, the applicant noted that there would be no live-in staff. Mr. Fryer
noted that typically no more than three (3) of the residents would drive.
Staff noted that additional information was needed with respect to the size
of the residence and the size and occupancy of each bedroom. Staff also
noted that a recorded copy of the bill of assurance was needed. The
proposed group home use was briefly discussed.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a group
home use at 102 Brookside Drive, subject to the following conditions:
1. A maximum of seven (7) handicapped residents will be allowed.
2. Compliance with all other requirements as found in Section 36-54(e)(4)
of the Code.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
Jack Fryer and Mike Shannon were present, representing the application. There
were several objectors present. Staff presented the application with a
recommendation of approval, with one (1) additional condition as follows:
3. All requirements of the Little Rock Fire Marshal be completed
and an approval letter submitted to staff prior to occupancy as a
group home.
Cindy Dawson reviewed ordinance requirements with the Commission,
specifically the presumption that a group home would be approved for five to
eight persons if ordinance requirements are complied with.
Jack Fryer addressed the Commission in support of the application.
Mr. Fryer explained what Oxford House does and represents. He explained how
the Oxford House program works and the rules associated with the use. He
made further comments related to the Oxford House use.
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
6
Mike Shannon also addressed the Commission in support. He noted that it was
his opinion that the use should be treated as a single family residence and not be
required a special use permit. He stated that if the Commission considered the
use a group home, he believed the use meets the presumption for approval as
provided by the ordinance. He asked that the Fire Department requirements be
waived and explained.
Ruth Bell addressed the Commission with comments related to the proposed
use. She commented on the Fire Department requirements. She asked that the
residents of the home provide the area residents with phone numbers so that
they could be contacted if problems arise.
Robert Gminski, #3 Serenity Drive, addressed the Commission in opposition.
He expressed concern that home was located at the corner of a major
intersection. He explained that this was a reason for the Commission to deny the
application. He stated that parking at the house would be a problem. He noted
that the law states that some recovery substance abusers are not considered
handicapped, and should not be allowing at this location.
Missy Thomas Irvin, 507 Deerbrook, also addressed the Commission in
opposition. She referred to the West Markham Street Neighborhood Plan. She
read excerpts from the plan.
Mollie Irvin, president of the Pennbrook/Cloverhill Neighborhood Association,
addressed the Commission in opposition. She also discussed the traffic issue
along West Markham Street and noted current traffic counts along West
Markham Street and Brookside Drive. She also referred to the West Markham
Neighborhood Action Plan. She explained that the group home did not belong at
this location. She noted that the property had not been taken care of. She asked
if any of the residents would be felons or sex offenders.
Bill Clay, of 108 Brookside, also addressed the Commission in opposition. He
expressed concern that the owner of the property did not live at the site. He
noted that the use should be considered a business.
Susan Anderson, of 9224 West Markham Street, also addressed the
Commission in opposition. She expressed concern with safety issues.
Leslie Anderson also spoke in opposition. He also expressed safety concerns.
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
7
Cheryl Crow, of 9008 West Markham Street, also spoke in opposition. She
asked if she would have to disclose the group home use if she were to sell her
house. This was briefly discussed.
Robert Gminski made additional comments in opposition to the application.
Cindy Dawson made additional comments related to the Fair Housing Act.
Mr. Shannon noted that phone numbers of contact persons can be provided.
He explained that the residents were handicapped and any resident fond to be
actively using a controlled substance would be moved out of the house. He
discussed the availability of parking on the site. He made comments related to
the traffic issue at the intersection of West Markham Street and Brookside Drive.
He explained that only handicapped persons as defined by the Fair Housing Act
would be allowed as residents of the group home.
Commissioner Nunnley asked about the Fair Housing Act. Mr. Shannon noted
that only handicapped persons as defined by the act will be allowed.
Commissioner Finney asked if the residents were required to have a job.
Mr. Shannon stated that they are required to have a job.
Commissioner Nunnley explained that the perception of the group home will
impact property values in the area. He made additional comments related to the
application.
Commissioner Pierce asked how long the group home had been on the property.
Mr. Shannon stated that since November 2010. Commissioner Pierce asked
why the Oxford House web site stated that six (6) persons lived at this location.
Mr. Fryer explained that they thought they could do it by right. Commissioner
Pierce asked about waiving the Fire Department requirements. This issue was
discussed. Mr. Shannon withdrew the request to waive the Fire Department
requirements.
Commissioner Changose asked about the parking situation at the site. Staff
noted that Mr. Fryer anticipated no more than three (3) residents would drive.
There was a discussion about how residents would be expelled from the house.
Commissioner Finney asked about drug testing. Mr. Fryer stated that could be
done on an as needed basis.
Commissioner Fountain asked about security issues. Mr. Fryer briefly discussed
the issues of enforcing the Oxford House rules. Commissioner Fountain asked
February 2, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-8735
8
about the ages of persons in this house. Mr. Fryer stated that they could be any
adult age, but the youngest resident at this location was 35.
Commissioner Changose asked about visitors. Mr. Fryer noted that there were
strict rules about visitors.
There was brief discussion related to the parking situation on the site.
Commissioner Nunnley asked about the presumption as outlined by the
ordinance. He asked if the Commission could determine that the group home
was not an appropriate use for this property. Cindy Dawson commented on the
issue.
Commissioner Laha asked who the property owner was. Mr. Fryer stated it was
Sans Rodgers of AROX, LLC.
There was a brief discussion of the bill of assurance.
There was additional discussion related to the application.
There was a motion to approve the application as recommended by staff, with
the additional condition (Fire Department requirements) as noted by staff. The
motion passed by a vote of 7 ayes, 2 nays, 1 abstention (Nunnley) and 1 absent.
The application was approved.
February 2, 2012
ITEM NO.: 5 FILE NO.: Z-2800-C
NAME: Wade Beauty Salon – Conditional Use Permit
LOCATION: 8500 Kanis Road
OWNER/APPLICANT: Rosemary Francisco/LaShonda and Donta Wade
PROPOSAL: A conditional use permit is requested to allow a
beauty salon in the existing building on this O-3
zoned lot.
1. SITE LOCATION:
The site is located on the north side of Kanis Road, 1 ½ blocks east of
John Barrow Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed zoning and uses. A day care
center and a vet clinic are located on O-3 and PDO zoned properties to
the east. A daycare, accountant’s office and plumbing company are on C-
3 zoned properties to the west. The C-3 and C-4 commercial node at the
intersection of Kanis and John Barrow is just to the west. Numerous
commercial and office use are located in that area. Vacant C-3 zoned
property is located across Kanis to the south. A small, single family
residential subdivision is located behind the site. Allowing use of this
existing structure for a beauty shop appears to be compatible with zoning
and uses in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the John Barrow Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The building contains approximately 1,800 square feet, requiring nine (9)
parking spaces for the beauty salon (1/200). The site has a paved and
gravel parking lot with spaces for nine (9) or ten (10) vehicles. Access is
via two (2) driveways off of Kanis Road.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
February 2, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-2800-C
2
Any new parking areas must be landscaped in accordance to Chapter 15,
the Landscape Ordinance.
An upgrade in landscaping will be required if the rehabilitation of the
structure exceeds fifty (50) percent of the current replacement cost.
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 properly
preserving trees of six (6) inch caliper or larger.
5. PUBLIC WORKS COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way forty-five (45) feet from centerline will be
required.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objections – All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten (10) days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
February 2, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-2800-C
3
Fire Department: Approved as submitted. Fire hydrants per Code,
maintain access at least twenty (20) foot wide.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2012)
The applicant was present. Staff presented the item and noted little additional
information was needed. The applicant was asked to provide a signage plan. In
response to a question from staff, the applicant stated there would be no
dumpster placed on the site. Staff noted the privacy fence behind the building
(along the north perimeter) should be in good condition and repaired if
necessary. The applicant agreed.
Public Works and Landscape Comments were discussed. The applicant was
advised to have the centerline of the Kanis right-of-way indicated on the survey
so it could be determined what, if any, right-of-way was needed. Utility
Comments were noted.
The applicant was advised to respond to staff issues by January 18, 2012. The
Committee determined there were no other issues and forwarded the item to the
full Commission.
STAFF ANALYSIS:
The O-3 zoned property located at 8500 Kanis Road contains a 1,800± square
foot, frame structure and a 9 to 10 space asphalt and gravel parking lot. A
conditional use permit is requested to allow a beauty salon to occupy the
building.
The proposed salon will have a maximum of 8 operators. Day and hours of
operation will be Tuesday through Saturday, 8:00 a.m. to 8:00 p.m. Signage will
be that allowed in office zones. There will be no dumpster located on the site.
Other than for interior remodeling to accommodate the use, there will be no
change to the site.
To staff’s knowledge, there are no other outstanding uses. The proposed salon
appears to be compatible with uses in the area. The 1978 bill of assurance does
not address use issues.
February 2, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-2800-C
4
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Signage is to be limited to that allowed in office zones and permits must be
obtained for all signs.
3. The wood privacy fence along the north of the site (behind the building) is to
be in good condition and repaired as needed.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, including all comments and
conditions, as outlined in the “staff recommendation” above. There was no
further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent.
February 2, 2012
ITEM NO.: 6 FILE NO.: Z-3732-A
NAME: 5612 Geyer Springs Road Barber Shop –
Conditional Use Permit
LOCATION: 5612 Geyer Springs Road
OWNER/APPLICANT: Bank of Little Rock/White-Daters and Associates
PROPOSAL: A conditional use permit is requested to allow a
barbershop in the existing building on this O-1
zoned lot.
1. SITE LOCATION:
The site is located on the west side of Geyer Springs Road, just north of
57th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed zoning and uses. A fitness center
and car lot are located on C-3 zoned property adjacent to the west. The
I-2 zoned property adjacent to the south is the rear portion of a large tract
extending to University Avenue, which was previously occupied by an
automobile dealership. A single-family residence, small office and church
are located to the north. A large church is located across Geyer Springs
to the east. Allowing use of this existing building for a barbershop appears
to be compatible with uses and zoning in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress and Geyer
Springs Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The building contains approximately 1,100 square feet, requiring five (5)
parking spaces for the barber shop (1/200). The site contains paved
parking for nine (9) or ten (10) vehicles. Three (3) of the spaces are in
front of the building. If at any time the street is widened, those spaces will
be lost. There is sufficient room on the rear of the property to expand the
rear parking lot to make up for any lost parking out front.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
February 2, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-3732-A
2
Any new parking areas must be landscaped in accordance to Chapter 15,
the Landscape Ordinance.
An upgrade in landscaping will be required if the rehabilitation of the
structure exceeds fifty (50) percent of the current replacement cost.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when properly preserving trees of six (6) inch
caliper or larger.
5. PUBLIC WORKS COMMENTS:
1. No right-of-way dedication is required at this time. If the site is
redeveloped in the future, right-of-way will be required to be dedicated
to meet the Master Street Plan standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objections - All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten (10) days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
February 2, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-3732-A
3
Fire Department: Approved as submitted. Maintain access at least twenty
(20) foot wide.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2012)
Joe White was present representing the application. Staff presented the item
and noted additional information was needed regarding the number of
employees/operators, days and hours of operation, signage, dumpster location
and screening and screening fencing.
Public Works and Landscape Comments were discussed. It was noted that, if
the front parking were ever lost, the rear parking area would have to be
expanded to accommodate proper stall depth and maneuvering area.
Utility Comments were noted.
Mr. White was advised to respond to staff issues by January 18, 2012. The
Committee determined there were no other issues and forwarded the item to the
full Commission.
STAFF ANALYSIS:
The O-1 zoned property located at 5612 Geyer Springs Road is occupied by a
small, frame structure. Paved parking for 9 to 10 vehicles is located in front and
behind the structure. The structure was built as a single family residence. In
August 1981, the property was rezoned to O-1. The site has been occupied by
an insurance office for several years. The building is vacant and owned by a
bank. The applicant is requesting approval of a conditional use permit to allow a
barber shop to locate on the site; using the existing building and parking. The
bank has put a new roof on the structure. Interior remodeling and external “fix-
up” work will be done to accommodate the barber shop.
Days and hours of operation are Tuesday through Friday, 9:00 a.m. – 7:00 p.m.
and Saturday, 8:00 a.m. – 7:00 p.m. There will be two barbers. Signage will
consist of a wall sign and a barber pole on the front façade of the building and a
ground-mounted sign, which complies with signage allowed in office zones (6’ in
height, 64 sq. ft. in area). There will be no dumpster and no fencing is proposed
outside of that required for screening. The applicant has been in business for
eleven years in a building located a few blocks to the north.
February 2, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-3732-A
4
To staff’s knowledge, there are no outstanding issues. There is no bill of
assurance for this acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. A 6’ tall wood privacy fence is to be installed along the north property line
beginning at a point even with the front wall of the structure and extending to
the rear edge of the parking lot behind the building (a distance of
approximately 80 feet). The fence is to be constructed in “good neighbor”
fashion, with the finished side facing out.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, including all comments and
conditions, as outlined in the “staff recommendation” above. There was no
further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent.
February 2, 2012
ITEM NO.: 7 FILE NO.: Z-8731
NAME: Maduro Cigar Bar and Lounge Private Club –
Conditional Use Permit
LOCATION: 109 Main Street
OWNER/APPLICANT: Monarch Investment Group/John Michael Peace
PROPOSAL: A conditional use permit is requested to allow a
private club to open in this UU zoned building.
1. SITE LOCATION:
The site is located on the ground floor of the multi-story building at the
southeast corner of Main and Markham Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This site is located within the City’s UU zoned entertainment and tourist
district. Uses around the site include hotels, restaurants, clubs and the
convention center. This small club appears to be compatible with uses in
the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
There is no on-site parking. The property is located in the UU zoning
district, which has no parking requirement. A parking deck is located in
the block to the south.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
February 2, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8731
2
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objections - All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten (10) days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted. Maintain access at least twenty
(20) foot wide.
Police Department: No issues. No objections.
County Planning: No Comments.
CATA: A trolley route is located along Markham Street, immediately to
the north of this site.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2012)
The applicant was present. Staff presented the item and noted little additional
information was needed. The applicant was asked to clarify the proposed closing
hours on Fridays and Saturdays. At the suggestion of the Committee, the
applicant stated hours would extend to 2:00 a.m. Friday and Saturday nights, if
there were customers. Staff noted a franchise would be needed for the proposed
projecting sign. Utility comments were noted. The Committee determined there
were no outstanding issues and forwarded the item to the full Commission.
February 2, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8731
3
STAFF ANALYSIS:
A conditional use permit is requested to allow Maduro Cigar Bar and Lounge to
locate in the UU zoned building at 109 Main Street. Due to licensing
requirements at the State, the business is classified as a private club. Private
clubs require a conditional use permit in the UU district. The business is to
occupy a 2,300 square foot space on the ground floor of the Wallace Building.
The business is organized as a private club and membership is available to the
public (age 21 or over) free of charge. The business features a walk-in humidor
with a selection of cigars, chairs and couches, a few tabletops and televisions.
The applicant will sell retail gift items and merchandise such as wickless candles,
desktop humidors, cigars, drinks and food items. Maduro’s hours of operation
will be 10:00 a.m. – 11:00 p.m., Monday through Thursday; 10:00 a.m. – 2:00
a.m., Friday and Saturday; and 12:00 p.m. – 10:00 p.m. on Sundays.
A “cigar-shaped” projecting sign is proposed to be placed on the front façade of
the building. The sign will be located over the sidewalk with a 10-foot clearance
for pedestrians. The sign will have an area of 1.5 feet X 14 feet (21 square feet).
In the UU district, signage is to be as permitted in Section 36-553, signs in the
office and institutional zones. That section specifies that projecting signs are not
to exceed 12 square foot and are to set back from the property line at least 5
feet. The UU zoning district states the area of signage may be doubled if the
street-level business space has direct access to the street. It further specifies
that signage may extend over the public right-of-way if a franchise is approved by
the Public Works Department. Maduro does have direct access to the street. No
variances are needed for the sign. A franchise will have to be obtained.
To staff’s knowledge, there are no outstanding issues. The property is located in
the Original City and there is no bill of assurance.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. to allow the private club as
proposed subject to compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Section 6 of the
agenda staff report.
2. A franchise must be obtained for the projecting sign.
February 2, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8731
4
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, including all comments and
conditions, as outlined in the “staff recommendation” above. There was no
further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent.
February 2, 2012
ITEM NO.: 8 FILE NO.: Z-8736
NAME: 900 N. University Avenue Nail Salon – Conditional
Use Permit
LOCATION: 900 N. University Avenue, Suite 3
OWNER/APPLICANT: Lars Land Company/Au Tran
PROPOSAL: A conditional use permit is requested to allow a nail
salon to locate in one suite of the building located on
this O-3 zoned property.
1. SITE LOCATION:
The property is located at the northwest corner of N. University Avenue
and “H” Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This portion of University Avenue is primarily characterized by office and
institutional uses. There are a few non-office type uses located within
some of the buildings in the area including a school supply store and
another salon. The proposal is to allow a nail salon within one bay of this
strip center. It does not appear the proposed use will have an impact on
any other properties.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Evergreen and Hillcrest Neighborhood
Associations.
3. ON SITE DRIVES AND PARKING:
The site contains a 54-space parking lot with access off of N. University
Avenue and “H” Street. The total building area is 9,474 square feet
divided into five (5) suites. The nail salon is to occupy suite 3, which
contains 2,200 square feet, requiring 11 parking spaces (1/200). That
leaves 43 parking spaces for the remaining uses. There appears to be
sufficient parking to accommodate the uses.
4. SCREENING AND BUFFERS:
No Comments.
February 2, 2012
ITEM NO.: 8 (Cont.) FILE NO.: Z-8736
2
5. PUBLIC WORKS COMMENTS:
1. No right-of-way dedication is required at this time. If the site is
redeveloped in the future, right-of-way will be required to be dedicated
to meet the Master Street Plan standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objections - All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten (10) days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted. Maintain access at least twenty
(20) foot wide.
County Planning: No Comments.
CATA: The site is located on two CATA bus routes.
February 2, 2012
ITEM NO.: 8 (Cont.) FILE NO.: Z-8736
3
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2012)
The applicant was not present. Staff presented the item and informed the
Committee there were no outstanding issues.
After a brief discussion of the item, the Committee forwarded it to the full
Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow a nail salon to occupy a 2,200
square foot suite in the 9,474 square foot building located on this O-3 zoned
property.
The nail salon is to start with two nail techs and a receptionist. There will be five
manicure/pedicure stations. The number of employees may expand in the future.
Days and hours of operation are proposed as Monday through Saturday, 9:00
a.m. – 7:00 p.m. and Sunday, noon – 6:00 p.m. Signage will consist of a wall
sign on the front façade of the lease space.
Renovation will consist of minor work within the lease space to accommodate the
proposed use. No other changes to the building or property are proposed.
To staff’s knowledge, there are outstanding issues. Allowing the proposed nail
salon to occupy a suite in this existing office building should have no impact on
other properties in the area. The 1910 Bill of Assurance does not address use
issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow the
nail salon subject to compliance with the comments and conditions outlined in
Section 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, including all comments and
conditions, as outlined in the “staff recommendation” above. There was no
further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent.
February 2, 2012
ITEM NO.: 9 FILE NO.: LU12-01
Name: Update Land Use Plan Narrative
Location: Little Rock Planning Jurisdiction
Request: Update the Narrative of the future Land Use Plan
Source: Staff
STAFF REPORT:
The Land Use Plan narrative was created in 1997. It was part of the effort to
combine the various District Land Use Plans into one Land Use Plan for the
entire Little Rock Planning Area. The narrative took the various written sections
from each of the Planning District Plans and put them together into one
document modifying the language such that it would be consistent.
Since 1997 there have been many amendments to the Land Use Plan map and
also to the Land Use Plan classifications. However no changes have been made
to the narrative reflecting these map changes. In addition, the narrative has
information that has become dated (i.e. developments have occurred that were
talked about as possibilities, etc.) Also the Neighborhood Plan process has
created many documents that address Land Use Plan issues but this is not
reflected in the text of the narrative.
During the summer of 2011, an intern reviewed the narrative against the Land
Use Plan map and the various Neighborhood Plans. From this review, a series
of changes was developed to update the narrative. The narrative remains written
in chapters based on Planning Districts. Within each Planning District the
narrative has three sections: the first is a general discussion; the second is Goals
from the Neighborhood Plans within that District; and the third is a written
discussion of the Land Use Plan map within the District boundary.
No new information is in the narrative that was not already in a Neighborhood
Plan (approved by resolution) or the Land Use Plan map (approved by
ordinance). Various Planning Staff members reviewed the document, as did the
Plans Committee. Minor edits were made to the document based on these
reviews.
A ‘Marked-up’ version showing new text with underlines and removed text with
strike-through was placed on the City website for citizens to review prior to the
public hearing considering the change. In addition, a ‘clean’ copy of the text after
all the changes are made was placed on the city website for review. Staff
February 2, 2012
ITEM NO.: 9 (Cont.) FILE NO.: LU12-01
2
believes this amendment to the Land Use Plan is a clean-up effort and is needed
after fourteen years of no modifications.
NEIGHBORHOOD COMMENTS:
Letters were sent to all Neighborhood Organizations on the City contact list (over
184 groups) and all contacts on the development contact list (49 groups). There
have been half dozen informational calls on this item.
STAFF RECOMMENDATIONS:
Approval.
PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012)
Water Malone, Planning Staff, indicated that the Heights Neighborhood
Association wished to add the following: In the Heights/Hillcrest District under
the Development Principals:
Proving access from the Heights and hillcrest to the Arkansas River Trial.
Continuation and maintenance of existing neighborhood tree projects.
And in the Land Use section, under Park/Open Space at the end of the sentence
about maintenance within Allsopp Park add “ to provide an ADA compliant trail
from the Heights and Hillcrest to the Arkansas River Trail that extends around the
Arkansas River for bikers and pedestrians”.
Mr. Malone noted that additional ‘typos’ that had been noted will be corrected as
well. The item with these changes remained on consent agenda. The consent
agenda was approved by a vote of 10 for, 0 against and 1 absent.
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There being no further business before the Commission, the meeting
was adjourned at 5:40 p.m.
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