HomeMy WebLinkAboutpc_01 08 2009
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JANUARY 8, 2009
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Pam Adcock
J. T. Ferstl
Troy Laha
Jerry Meyer
Obray Nunnley, Jr.
Bill Rector
Billy Rouse
Candice Smith
Chauncey Taylor
Jeff Yates
Members Absent: William Changose
City Attorney: Cindy Dawson
III. Approval of the Minutes of the November 13, 2008 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JANUARY 8, 2009
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-1703-A Gary’s Plaza – Conditional Use Permit
3224 Mabelvale Pike
B. LU08-23-01 Land Use Amendment in Arch Street Pike Planning
District from Mining to Park/Open Space east of Arch
Street Pike and South of I-30.
B.1 Z-8412 Rezoning from R-2 to M and OS
East side of Arch Street Pike, 2,000 feet south of
Interstate 30
B.2 G-23-370-A Block 3 Fairview Addition – Right-of-Way Abandonment
and plat vacation
C. Z-7799-A Rezoning from O-2 to C-3
Northeast corner of Chenal Parkway and Rahling Road
D. LU08-11-02B A Land Use Plan Amendment in the I-430 Planning
District located at the southeast corner of Kanis and
Shackleford Roads from Office to Commercial.
D.1. Z-4565-A Kanis/Shackleford Lot 2 Short-form PCD, located just
West of Kaufman Road in the 10700 Block of Kanis
Road.
E. Z-6883-A Harp’s Quadplex Short-form PD-R, located at 5212 I
Street.
F. Z-8397-A Aloft Hotel Short-form PCD, located at 421 President
Clinton Avenue.
G. S-1575-B Broadway Subdivision Site Plan Review, located at
3315 West Roosevelt Road.
H. Z-4923-G Shackleford Crossing Lot 1 Revised Long-form PCD
(Cracker Barrel), located at 2618 South Shackleford
Road.
Agenda, Page Two
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. G-23-405 Candlewood Drive – Right-of-Way Abandonment
North of Cantrell Road
2. Z-8421 Hickman Boarding House – Special Use Permit
1865 S. Schiller Street
3. Z-8419 Anderson Accessory Dwelling – Conditional Use Permit
5914 Stonewall Road
4. Z-8420 Love N Care Day Care Center – Conditional Use Permit
4110 East 37th Street
5. Z-8362-A Robinson Day Care Center – Conditional Use Permit
1102 West 21st Street
6. A-317 and
Z-8287-A
Porocel-Dixon Annexation west of Arch Street Pike at
Dixon Road and Porocel Planned Industrial District
located at 10300 Arch Street Pike.
January 8, 2009
ITEM NO.: A FILE NO.: Z-1703-A
NAME: Gary’s Plaza – Conditional Use Permit
LOCATION: 3224 Mabelvale Pike
OWNER/APPLICANT: JP Mortgage and Investments/Gary Shorter
PROPOSAL: A conditional use permit is requested to allow retail
sales and a special event center in the existing
building on this I-2 and C-4 zoned property.
1. SITE LOCATION:
The property is located on the northwest corner of Mabelvale Pike and
West 33rd Street, one block south of Asher Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed residential, commercial and
industrial uses. Several auto service type businesses are located along
Asher Avenue to the north. A hotel is located across Mabelvale Pike to
the east. A plumbing supply company and a recently approved church are
located to the southeast. Single-family residences are located to the west
and southwest. A small commercial center containing a variety of uses is
located to the south. Although the use may be compatible with the uses in
the area, staff has concerns with the impact of the proposed special event
center on nearby properties due to the limited parking available on site.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the South of Asher and Curran
Conway Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has a driveway onto Mabelvale Pike and a loading area driveway
onto West 33rd Street. The property contains 7 paved parking spaces. A
gravel parking area is adjacent to the north. As many as 24 parking
spaces could possibly be constructed in that area. The use requires 43
parking spaces based on 1/300 square feet for the retail sales area and
1/100 square feet for the special event center.
January 8, 2009
ITEM NO.: A (Cont.) FILE NO.: Z-1703-A
2
4. SCREENING AND BUFFERS:
Site Plan must comply with the City’s landscape and buffer ordinance
requirements.
Additional landscaping will be required in conjunction with any new
parking areas located on the site.
Depending upon rehabilitation costs associated with this project the
parking lot and property may have to be brought into full compliancy with
the City’s landscaping and buffer minimal ordinance requirements.
5. PUBLIC WORKS COMMENTS:
1. Mabelvale Pike 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.
2. Due to the proposed use of the property, the Master Street Plan
specifies that West 33rd Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty (30)
feet from centerline. The centerline of West 33rd Street is not shown
on the survey. Provide the distance from centerline to the property line
as determined by a survey.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer is available to this property.
Entergy: No comment received.
CenterPoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Fire sprinklers may be required.
County Planning: No comment received.
CATA: The site is not located on a CATA bus route.
January 8, 2009
ITEM NO.: A (Cont.) FILE NO.: Z-1703-A
3
SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008)
The applicant was present. Staff presented the item and noted additional
information was needed on days and hours of operation, signage, dumpster
location and parking.
Public Works and Landscape Comments were noted.
The applicant was advised to respond to staff issues by August 6, 2008. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The I-2 zoned property located at 3224 Mabelvale Pike is occupied by a 4,500
square foot, one-story metal building and a 7-space paved parking lot. The I-2
portion of the property consists of the south 70 feet of Lots 10, 11 and 12,
Block 1, Ruebel and Leymer Addition. The north 68 feet of the lots is zoned C-4
and is gravel-covered.
The applicant is proposing to utilize the building for retail sales and a special
event center. The retail sales will consist of items such as new and used
clothing, furniture, antiques or tobacco products. The special event center will
occupy approximately 4,000 square feet of the building and will be made
available for rent for events such as weddings, receptions, anniversaries,
birthday parties, baby showers, business meetings, conferences and church
functions. Hours of operation for the retail sales are Monday through Saturday,
11:00 a.m. – 6:00 p.m. Hours for the special event center are 7 days a week,
8:00 p.m. – 1:00 a.m. Signage consists of an existing ground sign and wall
signage on the east and south facades. No dumpster is indicated. The applicant
states the Fire Marshall has set an occupancy limit of 85 persons for the special
event center.
Although the use appears to be compatible with most uses in the area, staff is
not able to support the application. It is apparent there is not enough parking
available to meet the requirements of the Ordinance for the special event center.
This use alone requires 40 parking spaces. There are 7 spaces on the site
where the building is located and the possibility of constructing 24 more on the
gravel area north of the building. When this building was constructed in 1968 for
an auto parts store, the 7 paved spaces were constructed. The gravel area north
of the store was not developed in conjunction with the store. Although the gravel
area could be developed for 24± more spaces, it is still less than required for the
January 8, 2009
ITEM NO.: A (Cont.) FILE NO.: Z-1703-A
4
use. Staff is concerned that the result could be that vehicles are forced to park
on the area streets, including in front of the residential properties to the west.
STAFF RECOMMENDATION:
Staff recommends denial of the C.U.P.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that on August 15, 2008 the applicant had requested deferral of
the item to the October 2, 2008 meeting to allow him time to address staff
concerns. There was no further discussion.
The item was placed on the consent agenda and deferred to the October 2, 2008
meeting by a vote of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had not completed the notification requirement
and had not responded to issues raised at Subdivision Committee regarding
parking. Staff recommended deferring the item to the November 13, 2008
meeting. There was no further discussion.
The item was placed on the consent agenda and approved for deferral to the
November 13, 2008 meeting by a vote of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had contacted staff and desired to continue
with the application. Staff informed the Commission that notification had not been
completed and the item needed to be deferred. There was no further discussion.
The item was placed on the consent agenda and deferred to the January 8, 2009
agenda with a vote of 7 ayes, 0 noes, 2 absent and 2 open positions.
January 8, 2009
ITEM NO.: A (Cont.) FILE NO.: Z-1703-A
5
STAFF UPDATE:
The applicant submitted revised numbers for the square footage of the building to
be used for the various uses. The retail sales area is proposed to occupy 2,500
square feet of the building and the special event center is proposed to occupy
2,000 square feet. Based on those numbers, the required parking is 8 spaces for
the retail sales area and 20 spaces for the special event center for a total of 28
required parking spaces. Seven (7) parking spaces are located on site. The
gravel parking lot can accommodate 24± parking spaces.
Staff is still opposed to the use proposed by the applicant. The applicant is not
proposing to develop the gravel lot as a properly paved and landscaped parking
lot. Disorganized use of the lot could lead to an unsafe situation and could result
in vehicles parking on area streets. Staff is also concerned about the late hours
of activity and the possible impact on the residential properties to the west. The
applicant has conducted activities in the special event center without
Commission approval. The site has been monitored by the Fire Marshall’s Office
and Little Rock Police Department and activities were noted on more than one
occasion.
Staff continues to recommend denial of the application.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicants were present. There were no objectors present. Staff informed the
Commission that proper notice had not been completed and the applicants
needed to request another deferral.
Tony Woods and Gary Shorter addressed the Commission and stated they had
done all that was necessary to move forward with the application. They stated
they had obtained an abstract company list of property owners and had mailed
the notices. Dana Carney, of the Planning Staff, informed the Commission that
the abstract list was dated January 7, 2009 and the notices were sent on
January 7, not 15 days prior to the meeting, as required.
Commissioner Rector asked the applicants why it had taken 7 months to get to
this point when all other applicants have “done it right.” Mr. Woods stated there
had been misunderstandings. He stated a third party had been involved with the
business who was no longer involved.
In response to a question from Commissioner Nunnley, the applicants stated
they had tried to address all staff issues. They assured the Commission that this
would be the past deferral request.
January 8, 2009
ITEM NO.: A (Cont.) FILE NO.: Z-1703-A
6
Commissioner Meyer asked if the gravel parking lot would be paved. Mr. Woods
stated it would be paved in the future.
Deputy City Attorney Cindy Dawson asked the applicants if they understood that
they would have to do notices for the new meeting date, if the application were
deferred. Mr. Woods responded that new notices would be sent.
Vice Chair Yates asked what would happen if the deferral request were denied.
Ms. Dawson responded that the Commission could go ahead and hear the item.
There was then a discussion of due process and notification.
Commissioner Rouse asked if there were other outstanding issues. Ms. Dawson
responded that the primary issue was notification.
A motion was made to defer the item to the February 19, 2009 agenda. The
motion passed with a vote of 6 ayes, 4 noes and 1 absent.
January 8, 2009
ITEM NO.: B FILE NO.: LU08-23-01
Name: Land Use Plan Amendment – Arch Street Pike Planning District
Location: East of Arch Street Pike, south of I-30
Request: Mining to Park/Open Space
Source: R. Wingfield Martin, Agent for 3M Company
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Arch Street Pike Planning District from
Mining to Park/Open Space. Park/Open Space represents all public parks,
recreation facilities, greenbelts, floodplains, and other designated open space
and recreational land. Prompted by this Land Use Amendment request, the
Planning Staff expanded the area of review to include all of the area located
south of I-30, east of Arch Street, north of the railroad and west of I-530. With
these changes, the entirety of the Mining north of the railroad would be
eliminated. It is thought that the additional area would make the boundaries
more logical, since this area is all floodway.
EXISTING LAND USE AND ZONING:
The amendment is zoned R-2 Single Family. The R-2 zoning extends north,
south, east and west as most of this area is either interstate right of way, railroad
right of way or floodway and was zoned R-2 when it was annexed to the City as
was general practice. Fourche Creek runs through this area as do Interstate 30
and Interstate 530. Further south is zoned Mining and is used for gravel mining.
To the southeast is zoned PR Park and Recreation District for Gillam Park. To
the northwest is also zoned PR for Interstate Park.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment is currently shown as Mining. Mining continues south of this
area to Dixon Road. To the north, west and east of this area is all shown as
Park/Open Space to represent the Fourche Creek floodplain. The area
southwest of this amendment is shown as Industrial along the west side of Arch
Street Pike.
There have been no future land use plan amendments in this area since 2000.
MASTER STREET PLAN:
Arch Street Pike is shown as a Principal Arterial. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic generators
January 8, 2009
ITEM NO.: B (Cont.) FILE NO.: LU08-23-01
2
or activity centers within urbanized areas. Entrances and exits should be limited
to minimize negative effects of traffic and pedestrians on Arch Street Pike 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. This area is also
bounded to the north by the I-30 freeway and to the east by the I-530 freeway.
These right of ways are controlled by the State Highway Department.
BICYCLE PLAN:
There is a proposed Class I bike route near this application area. A Class I
bikeway is built separate from or alongside a road. Additional paving and right of
way may be required.
PARKS:
According to the Master Parks Plan, this area is within eight blocks of a city park.
Interstate Park is northwest of this area and Gillam Park is east of the area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
This area has been shown as Mining on the Future Land Use Plan for many
years, but it has never been developed or rezoned for an actual mining use. All
of the amendment area lies north of the railroad right of way, south of Interstate
30, west of Interstate 530 and east of Arch Street Pike. Fourche Creek runs
directly through this amendment area flowing from west to east and all of this
area is shown as floodway on the FEMA maps. This amendment would change
the area as described above from Mining to Park Open Space on the Future
Land Use Plan. Park Open Space is ideal for floodways/floodplains to recognize
open space and recreational land.
This application was spurred by a rezoning application on the south side of the
railroad tracks from R-2 to Mining. The applicant requested that a portion of their
land on the north side of the railroad tracks be amended to Park Open Space to
protect the existing floodway. Staff expanded the area to include approximately
48 acres of city owned land in this vicinity and approximately 36 acres of private
January 8, 2009
ITEM NO.: B (Cont.) FILE NO.: LU08-23-01
3
land. These 36 acres of privately owned land include the original application
area.
Floodway land is not appropriate for the construction of structures or filling. One
of the purposes of the floodway designation is to assure that the area needed to
move water in a creek or stream is left free for the flow of water. Also, with the
increasing concerns about protecting our water and drainage systems, the
preservation of the land along a creek or stream is desirable. Audubon Arkansas
and others have been working to rebuild and protect Fourche Creek to assure
that it works to protect both the natural environment and the built environment.
Most of the land along Fourche Creek both up and down stream from this
location is currently shown on the Land Use Plan for Park Open Space.
The eastern corner of the expanded change area is owned by three different
private entities. Staff notified the owners of the expansion and has heard from
them, their desire not to have their property changed to Park Open Space. Since
the total area has been advertised and the entire area is floodway, Staff is
bringing the entire expanded area to the Commission for action. If the
Commission believes it should honor the requests of the Property Owners, Staff
would not oppose the removal of the northeast corner of the amendment area
(the ownership requesting not to have the change).
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association: Southwest Little
Rock UPS. Staff has received no comments from area residents. The land in
expanded area, which is private ownership, has objected to the change.
STAFF RECOMMENDATION:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008)
The item was placed on the consent agenda for deferral to the January 8, 2009
hearing at the request of the applicant. By a vote of 7 for 0 against 2 vacancies
the consent agenda was approved.
STAFF UPDATE:
There have been no changes to this application.
January 8, 2009
ITEM NO.: B (Cont.) FILE NO.: LU08-23-01
4
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The item was placed on the consent agenda for approval. By a vote of 10 for
and 0 against the consent agenda was approved.
January 8, 2009
ITEM NO.: B.1 FILE NO.: Z-8412
Owner: 3M Company
Applicant: R. Wingfield Martin
Location: East side of Arch Street Pike, 2,000 feet south of
Interstate 30
Area: 50.99 Acres
Request: Rezone from R-2 to M and OS
Purpose: Extension of existing stone quarry and open
space
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2
South – Undeveloped property; zoned M
East – Undeveloped property; zoned M and R-2
West – Undeveloped property; zoned M, R-2 and OS
A. PUBLIC WORKS COMMENTS:
1. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25-
foot wide access easement is required adjacent to the floodway
boundary.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA Bus Route #15 (65th Street Route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the SWLR
United for Progress Neighborhood Association were notified of the public
hearing. There were no residents within 300 feet to notify.
January 8, 2009
ITEM NO: B.1 (Cont.) FILE NO.: Z-8412
2
D. LAND USE ELEMENT:
This request is located in the Arch Street Planning District. The Land Use
Plan shows Mining for this property. The applicant has applied for a
rezoning from R-2 Single Family to M Mining District and OS Open Space
for future development.
A Land Use Plan Amendment from Mining to Park Open Space is a
separate item on this agenda.
Master Street Plan:
Arch Street Pike is shown as a Principal Arterial. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Arch Street Pike 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:
There is a proposed Class I bike route near this application area. A Class
I bikeway is built separate from or alongside a road. Additional paving and
right-of-way may be required.
Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
3M Company, owner of 50.99 acres of property located along the east
side of Arch Street Pike, 2,000 feet south of Interstate 30, is requesting to
rezone 42.50 acres of the property from “R-2” Single Family District to “M”
Mining District and 8.49 acres from “R-2” Single Family District to “OS”
Open Space District. The applicant is proposing the rezoning to M to
allow for the extension of an existing stone quarry. The OS zoning is
requested to allow for open space adjacent to Fourche Creek to aid in its
preservation.
The property is undeveloped and mostly wooded. All surrounding
property is undeveloped. The property to the east, west and south is
zoned M. The property to the north, northeast and northwest is zoned
R-2. There is a stone quarry to the west and south.
January 8, 2009
ITEM NO: B.1 (Cont.) FILE NO.: Z-8412
3
The City’s Future Land Use Plan designates this property as Mining. The
requested 42.50 acres of M zoning does not require a change to the Land
Use Plan. A Land Use Plan Amendment from Mining to Park Open Space
is a separate item on this agenda for the 8.49 acres of proposed OS
zoning. A right-of-way and plat abandonment application for a small area
near the northwest corner of the property is also a separate item on this
agenda.
Staff is supportive of the requested M and OS rezoning. Staff views the
request as reasonable. The property immediately east, west and south of
the proposed M zoning is currently zoned M, with stone quarry operations
to the south and west. The proposed OS zoning should aid in the
preservation of the Fourche Creek corridor located north of the proposed
M zoning. There is existing OS zoned property to the west. The proposed
M and OS zoning represent a continuation of the zoning pattern in this
area. Staff believes the rezoning is appropriate and will have no adverse
impact on the adjacent properties or general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested M and OS rezoning.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
November 7, 2008 requesting the application be deferred to the January 8, 2009
agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and
2 open positions.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
Staff explained that the applicant mailed the second notice late. With a vote of
10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and
accept the second notice as completed by the applicant.
January 8, 2009
ITEM NO: B.1 (Cont.) FILE NO.: Z-8412
4
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 10 ayes, 0 nays and 1 absent.
January 8, 2009
ITEM NO.: B.2 FILE NO.: G-23-370-A
Name: Block 3, Fairview Addition – lot and street reduction
to acreage
Location: East side of Arch Street Pike, approximately 2,000 feet
south of Interstate 30
Owner/Applicant: 3M Company by R. Wingfield Martin
Request: To abandon the remaining portions of the undeveloped streets
and lots platted within the northwest portion of Block 3,
Fairview Addition and return them to acreage description.
Purpose: 3M quarry expansion area
STAFF REVIEW :
The request is to vacate a portion of Block 3, Fairview Addition (part of Lots 10-12) and
abandon the adjacent rights-of-way (portion of Broadway Street and alley). The area
proposed to be vacated is part of a 42.5 acre property proposed to be rezoned to “M” Mining
District (separate item on this agenda). The remainder of this 42.5 acre property, rest of
Block 3 and Blocks 1-2 and 4-16 (and all adjacent rights-of-way), were vacated by Ordinance
No. 19,675 on January 2, 2007.
A. Public Need for this Right-of-Way:
All of the public utility companies consent to the abandonment request, with AT & T
requesting a ten (10) foot easement. The Public Works Department has no comments
on the issue.
B. Master Street Plan:
The Master Street Plan reflects no need for this undeveloped right-of-way.
C. Characteristics of Right-of-Way Terrain:
Hilly, with poor access. Access is severely limited with the property being surrounded
by rock quarries.
January 8, 2009
ITEM NO.: B.2 (Cont.) FILE NO.: G-23-370-A
2
D. Development Potential:
The property is currently zoned R-2, with a request to rezone to M, but has no real
possibility of development as residential since it is surrounded by rock quarries. The
proposed use is as 3M quarry expansion area.
E. Neighborhood and Land Use Effect:
The applicant is the sole property owner in the area and there should be no effect on
any others. The land use in the area is mining.
F. Neighborhood Position:
The petitioner is the owner of all of the property located in or outside of the portion of
Block 3, Fairview Addition which is to be vacated or which abuts the streets alleys,
rights-of-way or easements to be vacated. The SWLR United for Progress
Neighborhood Association was notified of the rezoning request associated with this
property.
G. Effect on Public Services or Utilities:
Wastewater: No objection to abandonment. No easement requested.
Entergy: No objection to abandonment. No easement requested.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment. Retain 10-foot easement (5 feet on
either side of existing facilities).
Water: No objection to abandonment. No easement requested.
H. Reversionary Rights:
The reduction of the plat to acreage will return the rights-of-way to 3M Company.
I. Public Welfare and Safety Issues:
There will be no effect on the public welfare and safety. All other portions of the
Fairview Addition were previously vacated pursuant to Little Rock Ordinance Nos.
16,206 adopted May 5, 1992, 16,965 adopted September 19, 1995 and 19,675
adopted January 2, 2007.
January 8, 2009
ITEM NO.: B.2 (Cont.) FILE NO.: G-23-370-A
3
SUBDIVISION COMMITTEE COMMENT: (OCTOBER 23, 2008)
R. Wingfield Martin was present, representing the application. Staff presented the item and
noted there were no outstanding issues. The Committee forwarded the item to the full
Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the request to vacate the remainder of Block 3, Fairview
Addition plat and to abandon any streets, alleys, rights-of-way and easements located within
the boundary of the plat area, subject to retention of a ten (10) foot wide easement as
requested by AT & T.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on November 7,
2008 requesting the application be deferred to the January 8, 2009 agenda. Staff supported
the deferral request.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the January 8, 2009 agenda. A motion to that effect was made. The
motion passed by a vote of 7 ayes, 0 nays, 2 absent and
2 open positions.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for approval. A motion to that effect was made. The motion passed by a vote of
10 ayes, 0 nays and 1 absent.
January 8, 2009
ITEM NO.: C FILE NO.: Z-7799-A
Owner: Deltic Timber Corp.
Applicant: Tim Daters, White-Daters and Associates
Location: Northeast corner of Chenal Parkway and
Rahling Road
Area: 1.26 Acres (2.88 Acres, as revised)
Request: Rezone from O-2 to C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned O-2
South – Commercial development (across Rahling Road); zoned PCD
East – Undeveloped property; zoned O-2
West – Bank and condo developments (across Chenal Parkway);
zoned C-3 and PDR
A. PUBLIC WORKS COMMENTS:
No Comments.
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, all residents
within 300 feet who could be identified, and the Coalition of West Little
Rock Neighborhoods were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for a
rezoning from O-2 Office and Institutional District to C-3 General
January 8, 2009
ITEM NO: C (Cont.) FILE NO.: Z-7799-A
2
Commercial. This request is for some realignment of zoning lines based
on subsequent platting of the area.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Chenal Parkway is a Principal Arterial. Rahling Road is a Minor Arterial
from Chenal Parkway east. The primary function of a Principal Arterial is to
serve through traffic and to connect major traffic generators or activity
centers within urbanized areas. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Chenal since it is a
Principal 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. These streets may require dedication of
right-of-way and may require street improvements for entrances and exits
to the site.
Bicycle Plan:
Class I bike routes are shown along Chenal Parkway and Rahling Road.
A Class I bikeway is built separate from or alongside a road. Additional
paving and right-of-way may be required.
Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Deltic Timber Corporation, owner of 1.26 acres of property located near
the northeast corner of Chenal Parkway and Rahling Road, is requesting
to rezone the property from “O-2” Office and Institutional District to “C-3”
General Commercial District. The proposed area of rezoning is divided
into two (2) areas, a 1.10 acre piece several hundred feet north of the
northeast corner of Chenal Parkway and Rahling Road and a 0.16 acre
piece several hundred feet east of the intersection. There is
approximately 19 acres of existing C-3 zoned property at the northeast
corner of Chenal Parkway and Rahling Road. The rezoning of these two
(2) small pieces is proposed in order to have the C-3 zoning match the
north and east boundary lines of a preliminary plat approved by the
Planning Commission on October 30, 2008.
January 8, 2009
ITEM NO: C (Cont.) FILE NO.: Z-7799-A
3
The property is currently undeveloped and mostly wooded. There is a
mixture of uses and zoning in this immediate area. The property to the
north and east is undeveloped and zoned O-2. There are apartment
complexes to the northeast and southeast. The Village at Rahling Road
commercial development is located across Rahling Road to the south.
There are bank and condominium developments under construction
across Chenal Parkway to the west. A new shopping center development
is located to the southwest.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-3 rezoning does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-3 zoning. Staff feels that the
request is reasonable. The rezoning represents a “clean-up” action in
adjusting the zoning lines to align with the boundary of the recently
approved commercial preliminary plat. The reminder of the area included
in the plat is currently zoned C-3. Therefore, staff believes the proposed
rezoning will have no adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
November 7, 2008 requesting the application be deferred to the January 8, 2009
agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and
2 open positions.
STAFF UPDATE:
The applicant submitted a revision to the application to staff on November 11,
2008. Adjustments had to be made in the proposed area of rezoning to match
the boundary lines of the approved preliminary plat. The overall area of
proposed C-3 zoning is now 2.88 acres. Staff continues to support the
application as revised, as noted in paragraph E. of the staff report. Staff
recommends approval of the requested C-3 rezoning.
January 8, 2009
ITEM NO: C (Cont.) FILE NO.: Z-7799-A
4
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 10 ayes, 0 nays and 1 absent.
January 8, 2009
ITEM NO.: D FILE NO.: LU08-11-02B
Name: Land Use Plan Amendment - I-430 Planning District
Location: The southeast corner of Kanis and Shackleford Roads
Request: Office to Commercial
Source: Joe White, White-Daters
PROPOSAL / REQUEST:
The applicant has requested this item be deferred until the October 30, 2008
meeting. Staff is supportive of this request.
A Land Use Plan amendment in the I-430 Planning District from Office to
Commercial. Commercial represents a broad range of retail and wholesale
services. The applicant has filed for a Planned Commercial Development to
allow a restaurant use on this site. Prompted by this Land Use Amendment
request, the Planning Staff expanded the area of review to include area
immediately west of the application site. With these changes, the existing
commercial site at the southeast corner of Kanis and Shackleford would be
amended to recognize existing uses. It is thought that the additional area would
make the boundaries more logical.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
This item was placed on the consent agenda for deferral to the October 30, 2008
hearing at the request of the applicant. By a vote of 6 for and 0 against the
consent agenda was approved.
STAFF UPDATE:
A Land Use Plan amendment in the I-430 Planning District from Office to
Commercial. Commercial represents a broad range of retail and wholesale
services. The applicant has filed for a Planned Commercial Development to
allow a restaurant use on this site. Prompted by this Land Use Amendment
request, the Planning Staff expanded the area of review to include area
immediately west of the application site. With these changes, the existing
commercial site at the southeast corner of Kanis and Shackleford would be
amended to recognize existing uses. It is thought that the additional area would
make the boundaries more logical.
January 8, 2009
ITEM NO.: D (Cont.) FILE NO.: LU08-11-02B
2
EXISTING LAND USE AND ZONING:
This property is zoned O-2 Office and Institutional District and O-3 General Office
District. The western portion of the amendment has a non conforming restaurant
use with drive through and the eastern portion of the amendment area is
currently vacant and undeveloped. North of this area is also zoned O-3 for a
large office complex. South of the amendment is zoned O-2 for two banks, two
hotels and a hospital. West of this area is zoned Planned Commercial District for
a convenience store with gas pumps, O-3 and C-2 Shopping Center District for a
car dealership and lot. The northwest corner of Kanis and Shackleford is zoned
C-3 for a hotel.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
There have been no amendments approved in this area for more than eight
years. This area is shown as Office on the Plan. Office is also shown
immediately north, east and south of this area. The area west of this amendment
is shown as Community Shopping and Suburban Office.
MASTER STREET PLAN:
Kanis and Shackleford Roads are both Minor Arterials on the Master Street Plan.
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 these streets since they are Minor Arterials. 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 shown in this immediate vicinity.
PARKS:
According to the Master Parks Plan, this area is within eight blocks of a city park
or open space. A strip of Open Space is zoned along the northern boundary of
this amendment.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
January 8, 2009
ITEM NO.: D (Cont.) FILE NO.: LU08-11-02B
3
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the John Barrow Neighborhood Plan. Their Commercial
Development goal states: “To encourage the development of a sit-down
restaurant in the area.” This rezoning would allow the development of a
restaurant on this site.
ANALYSIS:
This area of Little Rock has seen major growth in the last ten years. The land
along Shackleford south of I-430 has become a major community shopping
center and the neighborhood to the east of I-430 has seen a renewal of interest
with the influx of new development and growth. While Hicks Interurban is an
older subdivision, the neighborhood has seen 85 single-family building permits
issued since 2000 between Aldersgate Road and Junior Deputy Road. The
amount of new single family residential adds to the demand for commercial
services in the area. Kanis Road has been developing as an office corridor, with
medical related offices and clinics.
This amendment area is located at the southeast corner of Kanis and
Shackleford Roads. This area has been shown on the Land Use Plan as Office
for more than ten years, from a time when the City’s Land Use Plan envisioned
a suburban office corridor along I-430. The existing restaurant that is located
on the western portion of this amendment area has been a nonconforming use
in O-2 zoning for almost that long. This amendment would recognize the
existing commercial use at this corner and add approximately 1.5 acres of new
commercial uses. This amendment area is located at the intersection of two
minor arterials. Staff has long held the position that commercial uses are best
situated at the intersection of arterials, so this area would be a logical location for
more commercial uses.
This amendment would only change about 3 acres of Office to Commercial.
There is currently almost forty acres of Office shown between Kanis, Shackleford
and I-430 and almost one-third of it is still undeveloped. This area has changed
drastically over the past ten to twenty years. The once proposed Office Corridor
has been lost with changes from Office to other classifications to the south of this
application to the Colonel Glenn Road area.
The majority of the commercial development in this area has been and is
proposed to be regional in nature (i.e. hotels, car dealerships). The availability
of local commercial to serve the immediate neighborhoods is lacking. This
amendment area is covered by the John Barrow Neighborhood Action Plan and
January 8, 2009
ITEM NO.: D (Cont.) FILE NO.: LU08-11-02B
4
it states a need for more local commercial uses including a sit down restaurant.
With this change, a small to medium commercial node is now proposed to
service the larger surrounding office areas as well as the surrounding
neighborhoods.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Sandpiper and
John Barrow. Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2008)
Walter Malone, Planning Staff reviewed the history of the Office designation
along I-430 of which this is a part. Mr. Malone reviewed the use pattern in the
surrounding area and indicated that this would be support commercial for the
office that surrounds the site. Ms. Donna James reviewed the related Planned
Zoning District application, see item Z-4565-A for a full minute record. A motion
was made to defer the Land Use Plan amendment to December 18, 2008, by a
vote of 5 for and 4 against the item was deferred.
STAFF UPDATE:
There have been no changes to this application.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
There being only six Planning Commissioners present the applicant elected to
defer their item to the January 8, 2009 Planning Commission hearing. By a vote
of 6 for, 0 against and 3 vacancies the item was deferred.
STAFF UPDATE:
There have been no changes to this application.
January 8, 2009
ITEM NO.: D (Cont.) FILE NO.: LU08-11-02B
5
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The item was placed on the consent agenda for withdrawal. By a vote of 10 for
and 0 against the consent agenda was approved.
January 8, 2009
ITEM NO.: D.1 FILE NO.: Z-4565-A
NAME: Kanis/Shackleford Lot 2 Short-form PCD
LOCATION: Located just West of Kaufman Road in the 10700 Block of Kanis Road
DEVELOPER:
Taco Bueno Restaurants, LP
1605 LBJ Freeway, Suite 800
Farmers Branch, TX 75234
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
TOTAL AREA: 1.63 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
AREA PROPOSED FOR REZONING: 0.88
CURRENT ZONING: O-3, General Office District
ALLOWED USES: General Office
PROPOSED ZONING: PCD
PROPOSED USE: Restaurant with drive-through service
VARIANCES/WAIVERS REQUESTED:
1. A five year deferral of the required addition of a left turn lane on Kanis Road.
2. A variance from the Subdivision Ordinance to allow the creation of a lot without
public street frontage.
3. A variance from the minimum driveway spacing requirement for drives located on an
arterial.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
2
A. PROPOSAL/REQUEST:
The applicant proposes to subdivide this 1.63 acre lot into two (2) lots and to
rezone one of the lots from O-3 to PCD. The property is located at the southeast
corner of Kanis and Shackleford Roads just east of “Mamma Bea’s Big Burger”
restaurant. The developer is proposing a restaurant with drive-through service
adjacent to the existing restaurant. A variance of the driveway spacing
requirement to allow a “right out” only driveway on Kains Road is being
requested. The drive is necessary to allow traffic coming from the drive-thru to
exit east without circling back through the parking area.
The restaurant is proposed to contain 2,900 square feet with 36 parking spaces.
The site contains 22,050 square feet of paved area and 13,607 square feet of
landscape area. Access to the site will be via an existing drive, a cross access
easement, shared with Bancorp South Bank. The restaurant hours of operation
are proposed Sunday through Thursday from 10:00 am to midnight and on Friday
and Saturday from 10:00 am to 1:00 am. The hours of dumpster service have
been limited to 6:00 am to 10:00 pm seven days per week.
A single pylon sign is proposed along Kanis Road. The sign is proposed
consistent with signage allowed in commercial zones or a maximum of 36-feet in
height and 160 square feet in area. Building signage is proposed consistent with
signage allowed in commercial zones or a maximum of ten percent of the façade
facing the public street. Directional signage will comply with directional signage
allowed in commercial zones.
The request includes a deferral of the required street construction to add a left
turn lane to Kanis Road for a period of five years or until adjacent development
occurs, whichever occurs first.
The request also includes a variance from the Subdivision Ordinance to allow the
creation of a lot without public street frontage. Access to the lot will be from a
drive extending from the common access easement located along the western
property line.
B. EXISTING CONDITIONS:
Kanis Road adjacent to the site has been constructed to Master Street Plan
standard. The sidewalk is in place along the property frontage. The site is tree
covered with a single-family residence located to the east of the site fronting
Kaufman Road. There are other single-family homes located along Kaufman
Road. There are a number of zoning classifications within the area. This site is
zoned O-3, General Office District as is the Bancorp South Bank property. The
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
3
property to the west, Mamma Bea’s Big Burger is zoned O-2, Office and
Institutional District as is property located to the south, fronting South
Shackleford Road, containing hotels, restaurant uses and the Heart Hospital.
Across South Shackleford Road is property zoned PCD, O-3, General Office
District, C-2, Shopping Center District and C-3, General Commercial District
which has developed with a number of uses including a convenience store,
hotels, automobile dealerships and general office uses. North of the site is a
large insurance company office complex, Arkansas Farm Bureau, and a daycare
facility, Kidco.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet and the John Barrow
and Sandpiper Neighborhood Associations were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required. An
additional 10 feet of right-of-way, measured from the centerline of the right-of-
way, for a future right turn lane should be dedicated. The additional 10 feet of
right-of-way shall be measured 250 feet in length from the intersecting right-
of-way. The western portion of this particular property shows to be within
250 feet of the intersecting right-of-way of Shackleford Road.
2. With site development, provide the design of street conforming to the Master
Street Plan. An lieu contribution should be made for one half street
improvements on Kanis Road for future dual left turn lanes with the planned
development.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
4. 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 construction.
5. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
6. Provide proposed elevations for the top and bottom of the proposed retaining
wall. If wall height is greater than 15 feet a variance must be requested from
the Land Alteration Regulations.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
4
7. 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).
8. 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.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer service 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. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in addition
to normal charges. Contact Central Arkansas Water Works regarding the size
and location of the water meter(s). 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. Plans must be made to provide water
service to Lot 2. Contact Central Arkansas Water for additional information.
Fire Department: Place and install fire hydrants per code. Contact the Little Rock
Fire Department for additional information.
County Planning: No comment.
CATA: The site is located CATA Bus Route # 3, Baptist Medical Center.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-430 Planning District. The
Land Use Plan shows Office for this property. The applicant has applied for a
rezoning from O-3, General Office District to Planned Commercial Development.
A Land Use Plan amendment is a separate item on this agenda (LU08-11-02) a
change from Office to Commercial.
Master Street Plan: Kanis and Shackleford Roads are both Minor Arterials on the
Master Street Plan. A Minor Arterial provides connections to and through an
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
5
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 these streets since they are Minor Arterials.
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 shown in this immediate vicinity.
Neighborhood Action Plan: This area is covered by the John Barrow
Neighborhood Plan. Their Commercial Development goal states: “To encourage
the development of a sit-down restaurant in the area.” This rezoning would allow
the development of a new restaurant with sit-down dining on this site.
Landscape:
1. The site plan must comply with the City’s landscape ordinance requirements.
2. The zoning buffer ordinance requires an average street buffer of twelve feet
(12’) and in no case less than nine feet (9’).
3. A land use buffer averaging 11.95 feet is required along the sites eastern
perimeter. Seventy percent of this area is to remain undisturbed. Utility
easements cannot count towards fulfilling the land use buffer requirement. A
buffer variance must be approved by the Commission to allow the buffer to
remain as indicated.
4. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree covered site. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6) inch
caliper or larger.
G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008)
Mr. Joe White of White-Daters and Associates was present. Staff presented an
overview of the request stating there were additional items necessary to
complete the review process. Staff also requested the developer provide the
total height of the retaining wall, details for proposed building signage and the
dumpster hours of service.
Public Works comments were addressed. Staff stated a right of way dedication
was required for Kanis Road. Staff also stated the drive located on the eastern
portion of the site did not comply with the typical ordinance standards for
driveway spacing. Staff stated the storm water detention ordinance would apply
to the development of the site. Staff stated a grading permit would be required
prior to any land clearing or grading activities on the site.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
6
Landscaping comments were addressed. Staff stated the eastern land use
buffer was indicated entirely within a utility easement. Staff stated the utility
easement could not count in fulfilling the land use buffer requirements. Staff
stated the street buffer was not indicated adequate to meet the typical ordinance
standards. Staff stated a twelve foot average landscape strip was required along
Kanis Road. Staff stated in no case could the street buffer be less than nine feet.
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 a number of the
issues raised at the October 9, 2008, Subdivision Committee meeting. The
applicant has provided the total height of the retaining wall, details for proposed
building signage and the dumpster hours of service. The retaining wall will not
exceed 15 feet in height. The revised plan also indicates the drive on Kanis
Road as a right out only drive. Staff is supportive of the driveway configuration.
The site is proposed with a 2,900 square foot building and 33 parking spaces.
The building is proposed as an eating place with drive through service. The
hours of operation are from 10:00 am to midnight Sunday through Thursday and
from 10:00 am to 1:00 pm on Friday and Saturday. The dumpster hours of
service have not been identified. Staff recommends the hours of service be
limited to daylight hours while residential uses remain in the area.
The request includes a replat of Lot 2 Kanis/Shackleford Subdivision. The replat
would allow the creation of two lots. Lot 2A will contain 0.88 acres and is
proposed for rezoning from O-3, General Office District to PCD. Lot 2B will
containing 0.75 acre and will remain zoned O-3, General Office District. Lot 2B
will require a variance from the Subdivision Ordinance to allow a lot to be created
as a lot without public street frontage.
The building is proposed as a single story building with a maximum building
height of 35 feet. The specifics of the development include 7.5 percent of
building coverage, 56.6 percent of paved area and 35.8 percent landscape area.
A single dumpster location has been identified on the plan. A note on the site
plan indicates the dumpster will be screened per the typical ordinance
requirements for dumpster screening.
The site plan indicates a 15 foot landscape buffer strip along the eastern
perimeter of the site. The entirety of the landscape buffer strip is located within a
sanitary sewer easement. The applicant has also indicated the buffer area will
be entirely disturbed. The buffer ordinance states a minimum of 70 percent of
the land use buffer must be left undisturbed. The ordinance also states right of
way and any utility easements can not count in computing the depth or area of
the land use buffer.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
7
Building signage is proposed consistent with signage allowed in commercial
zones or a maximum of ten percent of the façade area abutting a public right of
way. A single ground mounted monument sign is proposed within the front yard
area. The sign is proposed with a maximum sign height of 36 feet and a
maximum sign area of 160 square feet.
The plan includes a 2,900 square foot restaurant building and 33 parking spaces.
For a restaurant development, the ordinance typically requires the placement of
one parking space per 100 gross square feet of building area. Parking to serve
the restaurant use would typically require 29 parking spaces. The parking
indicated is adequate to serve the use.
Staff is supportive of the request and the associated variances. The site is
located along an arterial street and the area includes a mixture of commercial
and office uses. Staff feels the rezoning of the property to allow a restaurant use
is appropriate for this site.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends the dumpster service hours be limited to daylight hours as
long as there is adjacent residential uses.
Staff recommends approval of the variance request to allow a reduced buffer
along the eastern perimeter of the site and the allowance to disturb the entire
buffer area.
Staff recommends approval of the variance request from the Subdivision
Ordinance to allow the creation of a lot without public street frontage.
Staff recommends approval of the variance from the minimum driveway spacing
criteria for the right out drive located on Kanis Road.
Staff recommends approval of the deferral request for the required street
improvements for the addition of a left turn lane on Kanis Road for five years or
until adjacent development occurs, whichever occurs first.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated August 28,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
8
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2008)
The applicant was present. There were registered objectors present. Staff presented
the item with a recommendation of approval of the request subject to compliance with
the comments and conditions as outlined in paragraphs D, E and F of the agenda staff
report. Staff presented a recommendation the dumpster service hours be limited to
daylight hours as long as there was adjacent residential uses. Staff also presented a
recommendation of approval of the variance request to allow a reduced buffer along the
eastern perimeter of the site and the allowance to disturb the entire buffer area. Staff
presented a recommendation of approval of the variance request from the Subdivision
Ordinance to allow the creation of a lot without public street frontage. Staff presented a
recommendation of approval of the variance from the minimum driveway spacing
criteria for the right out drive located on Kanis Road and the deferral request for the
required street improvements for the addition of a left turn lane on Kanis Road for five
years or until adjacent development occurred, whichever occurred first.
Mr. Joe White of White Daters, Mr. Tom Cole of David Jones Company and
Ms. Melanie Gibson of Collier International were present representing the request.
Mr. White stated the request was to allow the development of the site with a sit-down
restaurant which had a drive-through pick up window. He stated the buffer area was
previously cleared for the installation of the sewer line. He stated the applicants would
replant the area as required by the ordinance.
Mr. Bill Waddell of the Arkansas Farm Bureau Federation was present in opposition of
the request. He stated the Federation had a number of concerns most related to traffic.
He stated the Federation sold the property to Bank Corp South a number of years ago
with the understanding the site would be used as an office use. He stated Farm Bureau
had been at this location for a number of years and most recently had constructed a
daycare facility. He stated there were 300 employees of Farm Bureau and
150 preschool children served by the daycare. He stated this generated a great deal of
traffic to the area. He stated when the site plan was approved for Arkansas Farm
Bureau the City did not allow the drive on South Shackleford Road to be a full access
drive. He stated the site could only be entered from Shackleford Road when traveling
northbound and exits on Shackleford Road were also allowed as northbound only. He
stated this caused the drive on Kanis Road to be very congested. He stated traffic at
the intersection of Kanis and Shackleford Road backed the length of the Farm Bureau
site to the overpass of I-430. He requested the Commission deny the request to allow
the increase in intensity of zoning for the site.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
9
Mr. John Hathaway addressed the Commission in opposition of the request. He stated
his firm represented Bank Corp South in the replatting and sale of the parcel being
considered for rezoning to the current owner and also his firm represented Bank Corp
South in the original purchase of the entire area. He stated Bank Corp South included
in the Bill of Assurance for the sale restrictions on the land proposed for development.
He stated use was not restricted but the developers were to receive approval of the site
plan, building placement and other site development criteria prior to construction. He
stated Bank Corp South had concerns with the traffic a food establishment would
generate and the effects of the traffic on the access easement. He stated the use of the
property was not restricted through the Bill of Assurance or a Deed Restriction but there
were concerns by Bank Corp South with the proposed development of the site as a food
service related to dumpster locations, smells and other activities. He requested the
Commission defer the request until the bank could meet with the developers and work
through some of their concerns.
Mr. Roy Snook addressed the Commission. He stated he was an officer of Bank Corp
South. He stated the Bank did not envision the site would be used for such an intense
use as a restaurant when the agreements were put in place. He stated traffic on the
access drive was a concern. He stated the bank would like the opportunity to review
the site plan as outlined in the Bill of Assurance.
The Commission questioned the City Attorney on the Commission’s obligations and
review of Bills of Assurance. Ms. Cindy Dawson, Deputy City Attorney, stated that the
Board of Directors, through an ordinance has directed that the Commission shall review
bills of assurance as a part of its review process. She stated that commissioners,
however, are not required to follow provisions of bills of assurance, which are matters
for enforcement by courts of law.
Mr. Tom Cole stated traffic was a concern of the development. He stated this developer
was being a part of the solution by adding a left turn lane at the time of redevelopment
of the adjacent property or within five years. He stated the development was not a
destination business but was proposed to take advantage of the nearby office and hotel
uses. He stated the site would have one drive-through. He stated there were a number
of banks and a carwash in the area which had a greater number of drive-through
facilities than proposed by the applicant. He stated the streets were arterial streets. He
stated the traffic counts for the streets was in excess of 30,000 vehicles per day.
There was a general discussion concerning the Bill of Assurance and the conditions of
the Bill of Assurance. There was also a general conversation concerning deed
restrictions. Mr. White stated there property was not covered under a deed restriction
but the Bill of Assurance did require the developers to provide to Bank Corp South site
grading and construction plans prior to development.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
10
Mr. Hathaway stated the Bank did not have control over use only the Commission had
control over use. He stated the Bank was requesting the developers meet with them to
discuss traffic and how the use would affect the access drive which would be shared by
the developments.
Mr. Tom Cole stated the developers would defer the item to the December 18, 2008,
public hearing to allow a meeting to occur between the interested parties.
There was no further discussion of the item. The chair entertained a motion for deferral
of the item. The motion carried by a majority of those present by a vote of 5 ayes,
4 noes, 1 absent and 1 open position.
STAFF UPDATE:
There has been no change to the site plan or proposed development plan since the
previous public hearing. The applicant has met with the adjoining property owner as
requested by the Commission at their October 30, 2008, public hearing. Staff continues
to support the request as indicated in the previous Planning Commission write-up and
minute record.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was present. There were registered objectors present. Chairman Taylor
stated when there were eight (8) or fewer Commissioners present the practice of the
Commission had been to allow the applicant the option of deferral of an item to a
subsequent meeting. He questioned if the applicant desired a deferral of the item to the
January 8, 2009, public hearing. Mr. Joe White stated his desire was to defer the item
to the January 8, 2009, public hearing.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for deferral to the January 8, 2009, public hearing. The motion carried by a
vote of 6 ayes, 0 noes, 2 absent and 3 open positions.
STAFF UPDATE:
This item was deferred from the December 18, 2008, public hearing due to the number
of Commissioners present. There has been no change to the application request since
the previous staff write-up and recommendation. Staff continues to recommend
approval of the request to allow the development of the site as proposed for a
restaurant and allow the creation of an additional lot to remain zoned O-3, General
Office District.
January 8, 2009
ITEM NO.: D.1 (Cont.) FILE NO.: Z-4565-A
11
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no registered objectors present. Staff stated
the applicant had contacted them requesting withdrawal of the item. Staff stated the
withdrawal request would require a waiver of the Commission’s By-laws due to the
withdrawal request being made less than five business days prior to the public hearing.
Staff stated they were supportive of the withdrawal request.
There was no further discussion of the item. The chair entertained a motion for
approval of the By-law waiver. The motion carried by a vote of 10 ayes, 0 noes and
1 absent. The chair entertained a motion of approval of the item for withdrawal. The
motion carried by a vote of 10 ayes, 0 noes and 1 absent.
January 8, 2009
ITEM NO.: E FILE NO.: Z-6883-A
NAME: Harp’s Quadplex Short-form PD-R
LOCATION: Located at 5212 “I” Street
DEVELOPER:
CARD Holdings, LLC
Mr. Richard Harp
17200 Chenal Parkway, Suite 300
Little Rock, AR 72223
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.19 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: PRD
ALLOWED USES: Duplex, Four-plex and a Six-plex
PROPOSED ZONING: Revised PD-R
PROPOSED USE: 2-Four-plex Buildings and a Six-plex Building
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On August 3, 2000, the Little Rock Planning Commission approved a request to rezone
the site from R-2, Single-family and R-4, Two-family to PRD to allow a single-family
residence located at 5215 J Street to be removed and a new four-plex constructed in its
location. The existing parking was to be upgraded with the construction of a new
parking area behind the six-unit apartment building containing a total of 16 surface
parking spaces accessed from J Street. The six-plex had four garage parking spaces
accessed from J Street. The Board of Directors adopted Ordinance No. 18,379 on
October 17, 2000, rezoning the site to PRD. A land use plan amendment was also filed
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
2
to change the site from Single Family and Low Density Residential to Multi-family. This
application request was denied by the Planning Commission and was not appealed to
the Board of Directors.
A. PROPOSAL/REQUEST:
The request is to revise the previously approved PRD to allow an existing duplex
structure to be removed from the site and a new four-unit apartment building
constructed within this area. According to the applicant, the duplex building is
beyond cost effective repair, remodel or updating. The applicant has applied for
and received a demolition permit for the structure.
The duplex is located adjacent to a vacant lot. The site plan submitted indicates
a staggered 4-plex, town home style, to occupy both the lots currently occupied
by the duplex and the vacant lot. Parking upgrades will be provided to the rear of
the structure accessed from J Street.
B. EXISTING CONDITIONS:
There are three residential structures on this site, a four-unit apartment building,
a six-unit apartment building and a duplex building currently undergoing
extensive renovations/demolition. There are single-family residential structures
to the east, west, south across I Street and north across J Street. A number of
the residential structures in this area contain more than one dwelling unit but the
area along I Street appears to be single-family. Mount St. Mary’s School is
located further east across Kavanaugh Boulevard and Holy Souls School is
located further west across Harrison Street.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several calls from persons expressing
concern with the proposed development. All property owners located within 200
feet of the site, all residents, who could be identified, located within 300 feet and
the Hillcrest Residence Neighborhood Association were notified of the Public
Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. The parking lots should be redesigned for sufficient vehicle maneuvering.
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
3
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required. 3/4" is the largest meter size available off
the existing 2" water main.
Fire Department: Place and install fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located on dedicated CATA Bus Route #1, Pulaski Height.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights/Hillcrest Planning
District. The Land Use Plan shows Low Density Residential for this property.
The applicant has applied for a rezoning to revise a previously approved Planned
Residential Development to allow a new fourplex.
A Land Use Plan amendment is a separate item on this agenda (LU08-04-02) a
change from Single Family and Low Density Residential to Multi Family.
Master Street Plan: Kavanaugh Boulevard 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. I Street is a Local
Street. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets, which are abutted by non-residential zoning/use or
more intensive zoning than duplexes, are considered as “Commercial Streets”.
These streets have a design standard the same as a Collector. These streets
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: A Class III bike route is shown on Kavanaugh Boulevard. A Class
III bikeway is a signed route on a street shared with traffic. No additional paving
or right-of-way is required. Class III bicycle route signage may be required.
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
4
Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood
Plan. The housing goal states: “Recommend the creation of an Overlay District
that would require Planned Unit Development (PUD) for reclassification of land
use, density, or other infrastructure improvements.” The Hillcrest Design Overlay
has been implemented. The Overlay requires the use of a Planned Unit
Development for the redevelopment of this property.
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any/all new parking associated with this project must comply with both the
landscape and buffer ordinances.
3. It appears that part of the proposed parking is located within the required
buffer area and the required perimeter landscape strip. A minimal strip of six
feet nine inches (6’-9”) is required to meet both ordinance requirements.
Variances from the Landscape Ordinance requirement must be approved by
the City Beautiful Commission prior to the issuance of a building permit.
4. The properties to the east and west are zoned residential; therefore, 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 eastern
and western perimeters of the site.
5. A street buffer averaging six percent of the depth of the entire property is
required along I Street. The street buffer required is to average 10.54 feet
and in no case less than nine feet.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
Mr. Richard Harp was present representing the request. Staff presented an
overview of the proposed development stating there were additional items
necessary to complete the review process. Staff requested the developer
provide the necessary elements to allow staff to review the item per the Hillcrest
Design Overlay District. Staff requested the grade plane and building coverage
be provided. Staff also requested details of any proposed signage, the building
height and any proposed fencing. Staff stated site lighting was to be low level
and directed downward and into the site and not overspill the adjacent residential
properties.
Public Works comments were addressed. Staff stated the parking lot should be
redesigned to allow sufficient vehicle maneuvering. Staff also stated any broken
curb, gutter or sidewalk was to be repaired prior to the issuance of the
certification of occupancy.
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
5
Landscaping comments were addressed. Staff stated any new paving would
require the placement of landscaping per the Landscape Ordinance. Staff also
stated the property to the east and west were zoned residentially therefore
screening was required along these perimeters.
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:
Mr. Harp provided staff with a revised site plan addressing a number of the
issues raised at the August 28, 2008, Subdivision Committee meeting. The
revised site plan indicates no signage is proposed with the new development, the
grade plane for the new structure is zero and provided the building coverage.
The maximum building height proposed is 30-feet. The proposed fencing has not
been noted on the site plan. Screening will be provided via a six foot wood fence
or dense evergreen plantings to be determined at the time of building permit.
The site contains an existing dumpster facility located within the parking lot area.
The dumpster is proposed to be relocated from the existing location but will
remain within the parking area. The hours of dumpster service have not been
limited. Staff recommends the hours of service be limited to daylight hours.
The site is proposed containing a total of 14 units. The new construction
proposed is the removal of an existing duplex structure and construction of a new
building containing four units. The site is located in the Hillcrest Design Overlay
District. The typical parking required for a multi-family development containing
14 units would be 21 spaces; the DOD allows a 50% reduction resulting in
10 spaces being required with the minimum established being the maximum
allowed. Street parking is also allowed to serve as the required spaces. Along
J Street 10 spaces are provided and along I Street 8 spaces are provided. The
development contains four garage spaces and 12 on-site spaces for a total of
16 on-site parking spaces.
The purpose and intent section of the Hillcrest Design Overlay District states the
purpose of the Overlay is to help maintain the built environment in a
neighborhood that is rich in history and architectural character and consists of
both a vital residential area and a thriving commercial sector. In order to preserve
and enhance those qualities, compatible design and scale of buildings, parking
areas, signage, landscaping, streetscapes, and street furnishings are required
such that the friendly, pedestrian-oriented, "small-town" nature of the
neighborhood is continued. Through additional guidelines for buildings, the
district intends to prevent incompatible and poorly planned projects from having a
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
6
negative impact on Hillcrest's unique character and its living and working
environment. Such incompatible construction has the potential to destroy the
very attributes that have attracted people to the neighborhood since its beginning
as Little Rock's first "suburb" in the 1890s, and more recently during its
resurgence since the 1960s.
The Hillcrest Design Overlay District does not regulate building design or
construction materials. The Overlay desires new construction and additions to
respect the prevailing styles of the neighborhood. According to the Overlay the
compatible design of housing contributes to the richness of the history and
architectural character of Hillcrest. The developer has indicated the new
construction will match the construction of the four-plex located along I Street
both in building design and construction materials.
The maximum building height proposed for the new structure is 30-feet. Per the
Hillcrest Design Overlay District the building height and ridgeline elevations are
to be a maximum of thirty-nine (39) feet or two and one-half (2 1/2) stories,
measured from the "grade plane" to the ridgeline of the highest roof surface. In
addition, new buildings and additions shall be constructed to an elevation that is
within one story of the adjacent residential structures. The buildings as proposed
comply with this typical Overlay standard.
The Hillcrest Design Overlay District regulates the floor area ratio. The floor area
ratio is defined as the total area of all floors of the principal structure as
measured to the outside surfaces of the exterior walls and including halls,
stairways, elevator shafts, and attached garages divided by the area of the lot.
The floor area ratio for the new construction is 0.71 or 3,600/5,086. The floor
area ratio for all three buildings is 15,828 square feet of building area and a lot
area of 21,936 square feet. For residential structures with one floor, the floor
area ration must not exceed 0.37 percent and for residential structures with two
floors, the floor area ration must not exceed 0.50 percent. The existing buildings
are two story and the new construction is also two story. The floor area ratio as
proposed exceeds the typical standards established by the Overlay.
Per the Hillcrest Design Overlay District the lot coverage for all structures under
roof must not exceed 50 percent. For lots less than 4,500 square feet the
maximum lot coverage for all structures must not exceed 60 percent. The total
lot coverage of the development is 36.5 percent, a total of 8,007 square feet of
building area and a total lot area of 21,936 square feet. The lot coverage as
proposed complies with the typical standards established by the Overlay.
Staff is not supportive of the request. Although, the site does comply with a
number of the typical Overlay standards, with the exception of the floor area ratio
requirement, in staff’s opinion the proposed new construction does not meet the
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
7
purpose and intent section of the Hillcrest Design Overlay. In addition, the area
proposed for new construction is located along I Street, which appears from a
windshield survey, to be predominately single-family. Staff has a concern with
the addition of four units onto this street and the possible impacts. The Overlay
does not regulate building design or construction materials. The Overlay does
state a desire for new construction and additions to be compatible design with
the area to contribute to the richness of the history and architectural character of
the neighborhood. In staff’s opinion, the building proposed for construction does
not meet this desired intent. Also staff has concerns with the massing of the new
construction proposed. In staff’s opinion, the new construction does not appear
to be compatible with the existing architecture within the neighborhood. Staff
feels the existing density should be maintained with the rehabilitation of the
existing duplex structure.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 11,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
STAFF UPDATE:
The applicant requested on October 15, 2008, this item be deferred to the
December 18, 2008, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2008)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request on October 15, 2008,
requesting the item be deferred to the December 18, 2008, public hearing. Staff stated
they were supportive of the deferral request.
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
8
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, 1 absent and 1 open position.
STAFF UPDATE:
The request has been amended to remove the proposed four-plex for the lots located
along I Street and to allow the two lots on I Street to develop with single-family homes.
Residential zoning in the area is primarily R-2, Single-family which typically requires a
minimum lot size of 7,000 square feet with a minimum lot width for the two lots of 60
feet and a minimum lot depth of 100 feet. The existing lot width is approximately 44 feet
and the proposed lot depth is approximately 85 feet for a lot area of 3,740 square feet.
The proposal is to allow these lots to remain zoned PD-R for single-family development
with a specific development criteria established through the PD-R zoning. The
development criteria will closely match the design criteria established by the Hillcrest
Design Overlay District as far as front building setback, building height and rear yard
setbacks. The floor to area ratio for the new construction will comply with that allowed
within the Hillcrest Design Overlay District or a FAR of .37 for a single story structure,
.50 for a two story structure and .55 for a 2.5 story structure. The building height of the
new structures will comply with the height allowance in the Hillcrest Design Overlay
District of 39 feet measured from the grade plane. Accessory building coverage within
the 25 foot rear yard setback shall be no more than 40 percent of the rear yard area as
defined within the Hillcrest Design Overlay District. The maximum lot coverage for all
structures under roof shall not exceed 60 percent.
The existing homes located on the street appear to have a front setback of 20 to
25 feet. The lots within the development are proposed with a 20 foot front yard setback,
a 25 foot rear yard setback and a side yard setback of 5 feet for a building envelope of
40 feet by 34 feet or 1,360 square feet.
Staff is supportive of the request. The revision to the PD-R will remove the previous
multi-family aspect of the development from I Street and allow the construction of two
new single-family homes on I Street. To allow the development to occur, two lots, which
do not meet the typical development criteria of the underlying zoning for the area will be
created. Staff feels the lots will have sufficient area for construction of new homes. The
new home construction will closely match the development criteria of the Hillcrest
Design Overlay District with regard to setbacks, building height, floor area ratio and lot
coverage. To staff’s knowledge there are no outstanding issues associated with the
request. Staff feels the removal of the multi-family aspect from the development and
the construction of two new single-family homes in this area will have a positive impact
on the area.
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
9
Staff recommends approval of the request subject to compliance with the applicable
comments and conditions as outlined in paragraphs D, E and F of the agenda staff
report.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was not present. There were registered objectors present. Staff
requested the item be deferred to the January 8, 2009. public hearing.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for deferral of the item to the January 8, 2009, public hearing. The motion
carried by a vote of 6 ayes, 0 noes, 2 absent and 3 open positions.
STAFF UPDATE:
This item was deferred from the December 18, 2008, public hearing due to the number
of Commissioners present. There has been no change to the application request since
the previous staff write-up and recommendation. Staff continues to recommend
approval of the request to allow the development of the two lots abutting I Street with
single-family homes.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
Mr. Richard Harp was present. There was one registered objector present. Staff stated
the application request had been amended to eliminate the multi-family aspect of the
development and to allow the development of the two lots along I Street with
single-family homes. Staff stated the homes closely matched the Hillcrest Design
Overlay District with regard to building height, building setbacks, building coverage and
coverage for accessory structures. Staff stated the development would create two
substandard lots per the underlying R-2, Single-family zoning district thus necessitating
the development remain zoned PD-R.
Mr. Bryan Lynch addressed the Commission with concerns. He provided the
Commission with a petition signed by the area residents expressing a desire to save the
existing trees on the site. He stated more specifically the 100+ year old magnolia tree
along I Street was of the greatest concern. He stated he stood before the Commission
when the original approval was granted and requested the developers protect the trees
located on the property. Mr. Lynch stated promises were made to protect the trees by
cropping their roots and hiring an arborist. He stated seven of the trees died because of
the construction activity and the trees were not properly protected. He requested
Mr. Harp provide protection around the trees to ensure the tree would survive. He
stated he understood that the tree could be removed by the property owner if they
January 8, 2009
ITEM NO.: E (Cont.) FILE NO.: Z-6883-A
10
desired to remove the tree. He stated if the tree was to remain the neighborhood
desired all measures possible be taken to ensure the vitality of the tree.
Mr. Harp stated the lots would be offered for sale. He stated he did not know if the
property owner would construct a home they desired to be visible from the street. He
stated the tree was located on the western lot and due to its size would block the homes
view from the street.
There was a general discussion by the Commission as to the location of the tree and
measures which could be taken to protect the tree. The Commission questioned if
Mr. Harp would consider moving the structure north five feet to allow addition separation
for the future construction and the root system of the tree. Mr. Harp questioned if it was
possible to reduce the rear yard setback to 20-feet to allow for the additional five foot
setback in the front. He stated this would be only on the western lot. He stated on the
eastern lot there was a large oak located along the rear of the property. Mr. Harp also
agreed if the tree was to remain on the property protective fencing would be placed
around the critical root zone to help ensure the vitality of the magnolia tree.
Mr. Lynch stated this was agreeable to the neighborhood.
A motion was made to approve the request as amended to allow the creation of two
single-family lots as proposed, allowing a front yard setback of 20-feet on the eastern lot
with a 25-foot rear yard setback and a 25-foot front yard setback with a 20-foot rear yard
setback on the western lot. The motion included placement of protective fencing around
the magnolia tree located on I Street during construction. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
January 8, 2009
ITEM NO.: F FILE NO.: Z-8397-A
NAME: Aloft Hotels Short-form PCD
LOCATION: Located at 421 President Clinton Avenue
DEVELOPER:
McKibbon Hotel Group, Inc.
402 Washington Street, Suite 200
Gainesville, GA 30503
SURVEYOR:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
ARCHITECT:
AMR Architects, Inc.
201 East Markham Street, Suite 150
Little Rock, AR 72201
AREA: 0.4358 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF
CURRENT ZONING: UU, Urban Use District
ALLOWED USES: Residential, Office, Commercial – All indoor
PROPOSED ZONING: PCD
PROPOSED USE: Mixed Use including Retail and a Hotel
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On October 27, 2008, the Little Rock Zoning Board of Adjustment was to hear a request
for specific variance requests to allow for future development of an aloft hotel on this
site. The applicant requested the item be withdrawn from consideration prior to the
public hearing.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
2
APPLICANT’S STATMENT:
Pursuant to Ordinance No. 18,961 the River Market District was established for the
express purpose of creating a location for business, cultural, residential and
entertainment activities. With its eclectic mixture of old and new structures, the River
Market District houses various retailers, restaurants, bars, clubs, loft apartments, offices
and condominiums. The district is home to the Little Rock City Library, the Clinton
Library, Heifer International Headquarters, the Statehouse Convention Center and
various hotels, including the Courtyard by Marriott, the Capitol Hotel and the Peabody.
The proposed development of an aloft hotel fits squarely with the land use goals of the
River Market District and would certainly be harmonious with the character of the
neighborhood.
Currently, the property located at the corner of Commerce Street and President Clinton
Avenue is used as a surface parking lot. The proposed use of the property as a hotel,
with some retail use, are uses which are sought and encouraged by the ordinance
establishing the River Market Overlay District. Since several types of retail use will be
present on the property the developer is requesting an application for a Planned
Commercial Development, (“PCD”) to accommodate the multiple uses.
In connection with the PCD application, some variances are requested. While some
variances are necessary to achieve the purposes and intent of the development, such
variances have been anticipated considering the styles and uses found within the River
Market District borders. An aloft hotel would further the intent upon which the district
was established.
The River Market District is an amalgamation of architectural styles from small simple
one story structures, to renovated four story loft buildings, to multi-story structures, all
ranging from classical designs to those with modern architecture. Many buildings
located within the district currently exceed the forty eight (48) foot height limit in the area
and still blend in with the surrounding structures; including the City Library at sixty five
(65) feet high, the First Security Center at approximately one hundred seventy (170)
feet high, the River Market Hall and the Museum Center. At approximately ninety (90)
feet tall (a building height of seventy eight (78) feet, with an architectural feature of
twelve (12) feet on the top of the building), the proposed development is not a relatively
tall building being half of the size of the nearby First Security Center and considerably
smaller than other condominium towers and the Acxion Center. We believe the
proposed development will be compatible with the surrounding River Market District
area. The hotel’s “L” shaped configuration will give space and natural light to the
adjacent library buildings and open new pedestrian ways adjacent to these structures,
which will in turn encourage a festive and pedestrian atmosphere for which the district
was established.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
3
The development of an aloft hotel will add one hundred thirty six (136) new hotel rooms
and additional meeting space to the City and bring a nationally recognized brand,
Starwood Hotels and Resorts, to the Little Rock market. Along with the two existing
hotels in the immediate vicinity, the Courtyard by Marriott and the Hampton Inn and
Suites, the aloft hotel will increase the number of available rooms to over three hundred
eighty (380) rooms making Little Rock more attractive to major conventions and events.
Such visitors and conventioneers will shop and dine in the district, thereby enhancing
the already desirable environment in the River Market District. Further, the aloft hotel is
oriented toward a younger market bringing a different lodging product and option to the
market, marking the River market desirable to even more people.
An aloft hotel, with its orientation toward a younger clientele, can bring new life and
energy to this area on a daily basis. The proposed development would create a quality
property benefiting the River Market District by bringing a $20 million construction
project to the area that will create new jobs in the area. In addition, the property taxes
would increase from approximately $1,452 per year to approximately $280,000 per year
benefiting the district and all of Little Rock. The proposed development will also contain
retail space on the first floor, providing patrons greater shopping and dining options in
the area.
McKibbon Hotel Group, Inc. has developed and operated other hotels in the area
including the Courtyard by Marriot and the Hampton Inn and Suites. During the
development of their other properties, McKibbon has worked actively with the City
during the design and construction phases and is committed to containing this practice
for the proposed development. Their developments have encouraged visitors to lodge
in the River Market, thereby increasing the number of visitors who dine and shop in the
district. The proposed development aims at creating an innovative option for patrons of
the district and increasing the overall use of the area.
During the planning and development process for this hotel, McKibbon has worked with
property owners in the vicinity of the planned development to gather input and ideas on
how to make the aloft hotel a welcome addition to the River Market area. The project as
presented reflects a collaborative effort to bring even more vitality to this part of Little
Rock.
A. PROPOSAL/REQUEST:
The request is a rezoning from the current UU, Urban Use District to Planned
Commercial Development, PCD to allow the construction of a new seven (7)
story building containing retail and a hotel on this 0.44 acre site. The hotel is
proposed with a zero setback along the abutting streets. The maximum building
height proposed is 90 feet. The building will be seven stories facing President
Clinton Avenue and Commerce Street stepping down to five stories and then
three stories adjacent to the alley separating the development and the Cox
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
4
Center. A single story structure is located on the interior of the site adjacent to
the Cox Center and the Budget Office building. The site plan includes a
136 room hotel with the ground floor fronting President Clinton Avenue dedicated
to retail. The retail will turn the corner onto Commerce Street connecting to the
hotel lobby.
The request includes variances from the typical standards established in the
River Market Design Overlay District. These variances include signage, building
height, landscaping, projections over and into the right of way and curb cuts. The
development is proposed with parapet signs, wall signs, projecting signs, and
awnings. Each of the signs may require more than one variance from the
standards established in the River Market DOD. Each of the variances has been
identified in the Analysis section of this report.
B. EXISTING CONDITIONS:
The site is a surface parking lot with a small police substation located on the
corner of President Clinton Avenue and Commerce Street. The area is the River
Market entertainment district with the River Market Hall and Museum Center
located to the north. South and west of the site are buildings owned and
occupied by the Central Arkansas Library System. There is a parking garage
located to the southeast of the site and a restaurant located to the east. The
remainder of the area contains office, residential, commercial including
restaurants, bars and hotels.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational inquires concerning the
proposed development. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet, the Downtown
Neighborhood Association and the River Market Neighborhood Association were
notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. Sidewalks per the River Market Design Overlay District with appropriate
handicap ramps are required in accordance with Section 31-175 of the Little
Rock Code and the Master Street Plan.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
5
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project. Capacity contribution analysis
required, contact LRWW for details.
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. 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. 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. 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: 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 a dedicated CATA Bus Route. The site is
located on the Trolley Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Downtown Planning District.
The Land Use Plan shows Mixed Use Urban for this property. The applicant has
applied for a rezoning for a Planned Commercial Development.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
6
The request does not require a change to the Land Use Plan.
Master Street Plan: President Clinton and Commerce Streets are both shown as
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.
Bicycle Plan: A Class III bike route is shown along Commerce Street. A Class III
bikeway is a signed route on a street shared with traffic. No additional paving or
right-of-way is required. Class III bicycle route signage may be required.
Neighborhood Action Plan: This area is located within an area not covered by a
recognized City of Little Neighborhood Action Plan but is part of the Downtown
Little Rock Framework for the Future plan.
Landscape: The site is located within the River Market Design Overlay District
which has established standards for the type and placement of street trees,
including design of sidewalks and tree grates.
G. SUBDIVISION COMMITTEE COMMENT: (October 23, 2008)
Mr. Rick Redden of AMR Architects was present representing the request. Staff
presented an overview of the development stating the site was located within the
River Market area of the City and was proposed for future development as a
mixed use development including a multi-story hotel. Staff stated the site was
zoned UU, Urban Use District and was located within the River Market Design
Overlay District. Staff stated the DOD established a number of development
criteria including building heights, design standards for signage and typical
landscaping requirements. Staff stated the design as proposed exceeded a
number of the typical development criteria established in the Overlay.
Planning staff comments were addressed. Staff requested a ground floor
footprint to identify the areas proposed for commercial activity.
Public Works comments were identified noting the comments were related to
the future development of the site including repair or replace any curb and gutter
or sidewalk that was damaged in the public right-of-way prior to occupancy. Staff
also stated sidewalks per the DOD with appropriate handicap ramps were
required in accordance with Section 31-175 of the Little Rock Code and the
Master Street Plan.
Landscaping comments were addressed. Staff stated the developers were
requesting a variation from the typical standard for street trees along Commerce
Street. Mr. Redden stated there were three trees on Commerce Street. He
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
7
stated the southern-most tree would be removed and an additional tree would be
installed to the south nearer the alley. He stated, based on the location of the
pull-off and the trolley poles, the required number of trees could not be achieved.
Staff stated the tree spacing in this area was approximately 97 feet as opposed
to the typical 30 feet on center.
H. ANALYSIS:
The applicant submitted the requested additional information to staff from issues
raised at the October 23, 2008, Subdivision Committee meeting. A floor plan for
the first floor of the structure has been provided to identify the proposed retail
areas. The request is a rezoning request from UU to PCD to allow the
construction of a 136 room aloft hotel. There are variances from the typical
standards of the River Market Design Overlay District. The items identified with
variances are the building height, exterior skin of the building, signage,
projections within and over the right of way and street trees. The proposed
building is a seven-story hotel (136 beds) with the hotel entrance located on
Commerce Street. Retail will face President Clinton Avenue and Commerce
Street abutting the hotel lobby.
Sec. 36-356. Building form. (a) Materials. (1) Historic materials or distinctive
architectural features shall not be removed or hidden. (2) The type of materials
and their color, texture, scale and detailing shall be compatible with those of
buildings on adjacent sites. (3) Surface cleaning of historic structures shall be
done with the gentlest possible method. Physical or chemical treatments, such as
sandblasting or high pressure water cleaning, that cause damage to historic
material shall be prohibited. (b) Roof types. Building roofs shall relate to the
overall size, shape, color and texture of roofs of buildings within the district.
(c) Openings. (1) Historical upper facade windows shall retain original
dimensions and details. (2) Historical storefront configuration shall not be altered.
(3) New construction shall have a pattern of windows and doors that resemble
similar patterns on facades of adjacent buildings. (4) Primary entrances shall be
parallel with the street. (d) Style and form. (1) New construction shall not
exceed four (4) stories in height or a total height of forty-eight (48) feet. (2)
Buildings shall maintain the distinction between upper and lower levels.
(3) Historical context of buildings shall be restored to original designs. (e) Mass.
(1) New construction wider than the typical building width shall be visually
massed to appear similar to buildings on adjacent sites. (2) The primary facade
of a building shall be oriented parallel with the street.
The exterior of the building will be primarily brick, glass, black aluminum
composite panels and possibly cast stone. The brick will encompass the main
body of the building with the black aluminum composite panels and white cast
stone accents on the corner of the building at Commerce Street and President
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
8
Clinton Avenue. The brick will be two colors with a darker color of brick to break
up the facade of the structure and to acknowledge the height of the adjacent Cox
Center and the old Budget Office Center building. The ordinance states new
construction wider than the typical building width shall be visually massed to
appear similar to buildings on adjacent sites. The hotel construction is wider than
the typical building width on adjacent lots, but with the differing building materials,
it appears to be visually broken into smaller units. The first floor will be metal and
glass contemporary storefront windows and doors. Retail space will face
President Clinton Avenue and will turn the corner on Commerce Street to abut
the hotel lobby. The main entrance to the hotel is on Commerce Street.
Horizontal accent lights of blue and gold are located between the second and
third floors, the fourth and fifth floors and the sixth and seventh floors. The
horizontal accent lighting does not illuminate signage and is simply decorative
lighting on the building.
The first floor will be built at the north property line to continue the line of the
Arkansas Studies Institute and the adjacent historic buildings along President
Clinton Avenue. While the first floor façade will be at the north property line, the
second floor and above will be set back from the property line two feet two inches
(2’-2”). The Commerce Street façade will set back in a similar fashion. The west
side of the building on President Clinton Avenue will be notched and lowered to
five floors and the south side of the building on Commerce Street will be notched
with two steps in height resulting in a three story and a five story building height
to reflect the similar heights of the existing buildings next door (the old Budget
Office building and the Cox Center).
There will be flagpoles mounted on the east side of the building roughly on the
third floor. Flagpoles are not covered in the DOD, but will require franchises,
since they will be located in the public right-of-way.
There are multiple signs on the building. They are as listed: parapet sign facing
east on Commerce Street, parapet sign facing north on President Clinton
Avenue, projecting sign on entrance awning on Commerce Street, projecting sign
on north façade on President Clinton Avenue, bar sign on Commerce Street and
wall sign facing west on alley. Each sign will be described and then followed by
the variances that it will require. (The text of the ordinance is in italics.)
The parapet sign facing east on Commerce Street has the text “aloft” and “w
hotel” below. The lettering height is 7’-10” tall for “aloft” and 3’-9” tall for “w
hotel”. The sign measures 21’-6” wide for the “aloft” text and 16’-0” wide for the
“w hotels” text. The sign is mounted above the seventh floor of the building on an
architectural element. The square footage of the sign will be approximately
168 square feet for the “aloft” and 60 square feet for the “w hotel”. The signs will
be internally illuminated.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
9
Sec. 36-353 (a) (2) f
“Internally illuminated signs are prohibited.”
Sec. 36-353 (c) (1) a
“Except as permitted in subsection (b), the maximum sign height on a
building shall not extend above the second floor windowsill or above the
overhang of a single story building”.
Sec. 36-353 (c) (2)
“Signs shall not exceed one quarter (1/4) of a square foot of sign area for
each linear foot of primary street building frontage, not exceeding twenty-
five (25) square feet per sign.”
Sec. 36-353 (c) (3) a
“Letters shall not exceed one and one-half (1 1/2) feet in height.”
Sec. 36-353 (c) (3) b
“Letters shall not exceed three-quarters (3/4) of the height of the sign.”
Sec. 36-353 (c) (3) c
“Letters shall not exceed sixty (60) percent of the total area of the sign.”
The parapet sign facing north on President Clinton Avenue has the text “aloft”.
The lettering height is 7’-10” tall and measures 21’-6” wide. The sign is mounted
above the seventh floor of the building on an architectural element. The square
footage of the sign is approximately 168 square feet. The sign will be internally
illuminated.
Sec. 36-353 (a) (2) f
“Internally illuminated signs are prohibited.”
Sec. 36-353 (c) (1) a
“Except as permitted in subsection (b), the maximum sign height on a
building shall not extend above the second floor windowsill or above the
overhang of a single story building”.
Sec. 36-353 (c) (2)
“Signs shall not exceed one quarter (1/4) of a square foot of sign area for
each linear foot of primary street building frontage, not exceeding twenty-
five (25) square feet per sign.”
Sec. 36-353 (c) (3) a
“Letters shall not exceed one and one-half (1 1/2) feet in height.”
Sec. 36-353 (c) (3) b
“Letters shall not exceed three-quarters (3/4) of the height of the sign.”
Sec. 36-353 (c) (3) c
“Letters shall not exceed sixty (60) percent of the total area of the sign.”
A wall sign on the east façade (Commerce Street) of the building on the first
floor to advertise the hotel bar is indicated. The text is “W XYZ” and the letters
are 12”. The sign is mounted below the second floor windowsill. The sign
measures 16’-0” by 2’-2” tall for approximately 35 square feet. The sign is
internally illuminated.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
10
Sec. 36-353 (a) (2) f
“Internally illuminated signs are prohibited.”
Sec. 36-353 (c) (2)
“Signs shall not exceed one quarter (1/4) of a square foot of sign area for
each linear foot of primary street building frontage, not exceeding twenty-
five (25) square feet per sign.”
Sec. 36-353 (c) (3) b
“Letters shall not exceed three-quarters (3/4) of the height of the sign.”
Sec. 36-353 (c) (3) c
“Letters shall not exceed sixty (60) percent of the total area of the sign.”
A wall sign facing west on the alley is indicated. The text “aloft” and “w hotel”
underneath is proposed. The “L” in aloft is 4’ tall and the entire lettering is 15’
wide. The lettering height of “w hotels” is 9” and the length is 6’. The sign is
mounted on the seventh floor of the building. The sign square footage is a 60
square feet for the “aloft” text and 4.5 square feet for the “w hotels” text. The
sign will be internally illuminated.
Sec. 36-353 (a) (1) c
“Wall signs shall be confined to the flat surface of the building and shall
not project more than five (5) inches from the building façade.”
Sec. 36-353 (a) (1) h
“All signs must face public street right-of-way except those permitted on
facades facing the Arkansas River.”
Sec. 36-353 (a) (2) f
“Internally illuminated signs are prohibited.”
Sec. 36-353 (c) (1) a
“Except as permitted in subsection (b), the maximum sign height on a
building shall not extend above the second floor windowsill or above the
overhang of a single story building”.
Sec. 36-353 (c) (2)
“Signs shall not exceed one quarter (1/4) of a square foot of sign area for
each linear foot of primary street building frontage, not exceeding twenty-
five (25) square feet per sign.”
Sec. 36-353 (c) (3) a
“Letters shall not exceed one and one-half (1 1/2) feet in height.”
Sec. 36-353 (c) (3) b
“Letters shall not exceed three-quarters (3/4) of the height of the sign.”
Sec. 36-353 (c) (3) c
“Letters shall not exceed sixty (60) percent of the total area of the sign.”
On President Clinton Avenue there will be a projecting sign on the north
façade of the building. The text will read “aloft “ and “w hotel”. The lettering is a
maximum of 18 inches tall. The sign is mounted on the building above the fourth
floor windowsill. The sign is 6’-5” wide by 4’-6” tall or 29 square feet. The sign is
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
11
internally illuminated. The sign will be extend 6’-5” from the face of the building.
The sign is 18” thick.
Sec. 36-353 (e) (1) b
“Height of projecting signs shall not extend past the sill of the second story
windows.”
Sec. 36-353 (e) (1) c
“Projecting signs shall extend a maximum of three (3) feet from the face of
the building.”
Sec. 36-353 (e) (2) a
“Projecting signs shall have a maximum of twelve (12) square feet of sign
face per sign.”
Sec. 36-353 (e) (2) b
“Thickness of projecting signs shall be limited to five (5) inches.”
Sec. 36-353 (e) (4) a
“Internally lit signs are prohibited. When projecting signs are externally lit,
they shall be illuminated from a concealed source of light or a decorative
source that is integral to the design of the sign.”
On Commerce Street a projecting sign mounted on the hotel entrance
awning is proposed. The text “aloft “ and “w hotel” are indicated. The letters are
a maximum of 18 inches tall. The sign is mounted on the awning at the street
edge. This will equate to being above the second floor windowsill. The sign is
6’-5” wide by 4’-6” tall or 29 square feet. The sign is internally illuminated. The
sign will extend 5’-5” from the face of the building. The projecting sign is 18”
thick.
Sec. 36-353 (e) (1) b
“Height of projecting signs shall not extend past the sill of the second story
windows.”
Sec. 36-353 (e) (1) c
“Projecting signs shall extend a maximum of three (3) feet from the face of
the building.”
Sec. 36-353 (e) (2) a
“Projecting signs shall have a maximum of twelve (12) square feet of sign
face per sign.”
Sec. 36-353 (e) (2) b
“Thickness of projecting signs shall be limited to five (5) inches.”
Sec. 36-353 (e) (4) a
“Internally lit signs are prohibited. When projecting signs are externally lit,
they shall be illuminated from a concealed source of light or a decorative
source that is integral to the design of the sign.”
There are five (5) signs proposed, two on the parapet, two projecting and one on
the west wall.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
12
Sec. 36- (3) (c) b.
“Signs shall not number more than three per business.”
The height of the building is 78 feet with an architectural element 12 feet for a
total of 90 feet. The architectural element, a steel canopy covering the roof,
resembles a swoof or wave.
Sec. 36-356 (d) (1)
“New construction shall not exceed four (4) stories in height or a total
height of forty-eight (48) feet.”
The awnings over the retail space on President Clinton Avenue project 7’ from
the building facade with a clearance of 8’ from the sidewalk. The UU Zoning
District standard allows an 8’ clearance from the sidewalk. The River Market
DOD requires 9’ clearance.
Sec 36-356 (f) (2)
“Awnings shall not project more than five (5) feet from the building façade
and have a minimum clearance of nine (9) feet above the sidewalk.”
The awning over the entrance to the hotel located on Commerce Street will
project 12’ from the building façade with a clearance of 9’ from the sidewalk.
Sec 36-356 (f) (2)
“Awnings shall not project more than five (5) feet from the building façade
and have a minimum clearance of nine (9) feet above the sidewalk.”
There are three existing street trees on Commerce Street abutting the site. Two
of the trees will be removed and a new tree will be installed near the alley
resulting in two (2) trees along Commerce Street. Installation will conform to the
DOD. The spacing of the trees is approximately 97 feet.
Sec 36-358 (c) (1)
“Trees shall be thirty (30) feet on center and two (2) feet off back of curb.”
A vehicle drop-off for the hotel entrance on Commerce Street is indicated. The
sidewalk will remain intact with additional paving added to each end of the drop
off to create bulbs. The drop off will be created within the existing right of way
and is eight (8) feet wide. The bulbs will define the vehicle arrival/drop off/taxi
loading area. Section 36-361 (a) (2) states “Existing curb cuts on President
Clinton Avenue, Commerce, Sherman and Rock Streets shall be removed or
minimized to reduce conflict with pedestrian traffic.” The curb cut will be modified
from a parking lot entrance to a drop off for the hotel. (No variance is required.)
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
13
All streetscape items such as sidewalks, street trees, benches, curbs, planting
strips, tree grates, etc., must be replaced or repaired per the DOD upon the
completion of construction. Doors for the retail spaces along President Clinton
Avenue require a variance to permit swinging into the right-of-way.
Sec 36-342.1 (c) (7) Urban Use District
“Buildings must be oriented to the street. The primary entrance of the
building shall be at street level on the street at the sidewalk. Entrances
shall be designed so that the door will not swing beyond the property line.”
While the generic term River Market area covers an area extending south and
west of this site, the River Market DOD covers only the area bounded by
Cumberland Street, Second Street, roughly I-30 and the Riverfront Park. The
area encompassed by the River Market Design Overlay District has a variety of
building heights ranging from the one story buildings in the 500 Block of
President Clinton Avenue (Sticky Fingerz) to the multi-storied Fones Warehouse
building that is now the main branch of the Central Arkansas Library System.
Two new structures have been built in the Overlay District which have required
height variances, First Security Building constructed to fourteen stories and the
River Market parking deck constructed to seven stories.
Staff is continuing to review the proposed request with regard to the overall
development plan and the proposed variances from the typical standards of the
River Market Design Overlay District.
I. STAFF RECOMMENDATIONS:
Staff recommendation is forthcoming.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008)
The applicant was not present. There were registered objectors present. Staff
presented the item stating the applicant had submitted a request on November 13,
2008, requesting the item be deferred to the December 18, 2008, public hearing. Staff
stated the deferral request would require a waiver of the Commission’s By-laws with
regard to the late deferral request. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion of waiver of
the Commission’s By-laws with regard to the late withdrawal request. The motion
carried by a vote of 6 ayes, 1 no, 2 absent and 2 open positions. 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 7 ayes, 0 noes, 2 absent and
2 open position.
January 8, 2009
ITEM NO.: F (Cont.) FILE NO.: Z-8397-A
14
STAFF UPDATE:
Staff is continuing to review the request and will provide a recommendation at the
December 18, 2008, public hearing.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was not present. Staff presented the item stating the applicant had
contacted them on December 12, 2008, requesting this item be deferred to the
January 8, 2009, public hearing. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion of approval
of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes,
2 absent and 3 open positions.
STAFF UPDATE:
The applicant submitted a request dated December 22, 2008, requesting this item be
withdrawn from consideration without prejudice. Staff is supportive of the withdrawal
request.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had requested on December 22, 2008,
withdrawal of the item. Staff stated they were supportive of the withdrawal request.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for withdrawal. The motion carried by a vote of 10 ayes, 1 noes and
1 absent.
January 8, 2009
ITEM NO.: G FILE NO.: S-1575-B
NAME: Broadway Subdivision Site Plan Review
LOCATION: Located at 3315 West Roosevelt Road
DEVELOPER:
Herbert Broadway
1921 West 16th Street
Little Rock, AR 72202
SURVEYOR:
Donald Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 1.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
PLANNING DISTRICT: 9 – I-630
CENSUS TRACT: 12
VARIANCES/WAIVERS REQUESTED: A variance from Section 36-502 to allow a
reduced number of parking spaces to serve the site.
BACKGROUND:
On July 5, 2007, the Little Rock Planning Commission approved a Subdivision Site Plan
Review to allow the existing buildings located on the site to be rehabilitated. The rear
building was to become a restaurant and lounge. The approval also required the front
building to comply with the available parking on-site or return to the Planning
Commission for site plan review. The site plan indicated 49 parking spaces. Of the 49
spaces, the restaurant and lounge would require 40 of the spaces leaving 9 spaces
available for the front building. During the renovation process of the front building, the
applicant added a second floor to the building containing approximately 3,000 square
feet. This area was added without proper permits or inspections.
January 8, 2009
ITEM NO.: G (Cont.) FILE NO.: S-1575-B
2
On October 30, 2008, the Little Rock Planning Commission denied a request to allow
the developer a parking variance for 34 of the required parking spaces. The developer
proposed to utilize 6,024 square feet of the front structure as a private club/lounge and
the 2,360 square foot rear building as a restaurant. The two uses would alternate
business hours and the use of the restaurant during the private club/lounge hours would
only be to provide food service to the private club/lounge. Based on the typical
ordinance requirements for a private club/lounge, a total of 60 parking spaces is
required for the front building and 23 spaces for the rear building. The site plan
indicated 49 on-site parking spaces resulting in the request for a parking variance for
the additional 34 spaces.
A. PROPOSAL/REQUEST:
The applicant is now requesting a revised parking variance to allow less parking
spaces than typically required per Section 36-502. The rear building is a
one-story restaurant building containing 2,360 square feet. The front building is a
two-story building rehabbed for a private club/lounge. The owner has committed
to limiting the useable space within the front building for customers to the ground
floor, which contains 5,124 square feet. According to the owner, the only portion
of the second floor to be used is an office area, which will be used as the
administrative offices for these two businesses. The two businesses will
alternate times of usage and the restaurant will only serve bar food during the
hours the private club/lounge is open.
B. EXISTING CONDITIONS:
There are two commercial buildings located on the site. The required street
construction from the previous approval has been completed along Roosevelt
Road. The required parking has been installed but the landscaping has not been
installed. Both buildings have been renovated with a private club/lounge in the
front building and a restaurant in the rear building. There are a number of
industrial, commercial and office uses in the area. To the west of the site is a
vacant property and further west a nursing home. The Pulaski County Detention
Center is located to the east of the site. North of the site is vacant property.
Further north of the site are single-family homes.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All owners of property located within 200-feet of the site along with the
Love and Goodwill Neighborhood Associations were notified of the Public
Hearing.
Public Hearing.
January 8, 2009
ITEM NO.: G (Cont.) FILE NO.: S-1575-B
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Roosevelt Road is classified on the Master Street Plan as a principal arterial
with a special design standard. Dedication of right-of-way to 35 feet from
centerline will be required.
2. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvement to Roosevelt Road
including 5-foot sidewalks with the planned development. The one-half street
improvements have been installed.
3. The driveways are proposed to be one-way. Proper signage and directional
arrows to reflect this condition shall be provided at these driveways.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required. The Little Rock Fire Department needs to
evaluate this site to determine whether additional public and/or private fire
hydrant(s) will be required. If additional fire hydrant(s) are required, they will be
installed at the Developer's expense.
Fire Department: No comment.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #14 – the Rosedale Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: All landscaping must be installed as per the approved landscape
plan.
January 8, 2009
ITEM NO.: G (Cont.) FILE NO.: S-1575-B
4
G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008)
The applicant was not present. Staff presented an overview of the request
stating the item was before the Commission for a parking variance at their
October 30, 2008, public hearing and was denied. Staff stated the previous
application request was 34 parking spaces short of the typically required parking
for a private club/lounge. Staff stated with the current application request, the
applicant had indicated in their cover letter that only the ground floor of the
private club/lounge building would be used for customers. Staff stated customers
would not be allowed access to the upper floor and the only portion of the upper
floor that would be used would be an office area to serve the two businesses.
There being no further issues for discussion, the Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
There were no items in need of addressing raised at the November 20, 2008,
Subdivision Committee meeting. The request is a parking variance to allow less
parking spaces than typically required per Section 36-502 for this site containing
a private club/lounge and restaurant. The restaurant is located within the rear
building which is a one-story building containing 2,360 square feet. The front
building is two-stories and was rehabilitated for a private club/lounge. The total
square footage of the two story building is approximately 8,000 square feet. The
owner has committed in writing to limiting the useable space for customers to the
ground floor. The ground floor area contains 5,124 square feet. In the revised
cover letter, the applicant states the only portion of the second floor which will be
used is an office area which will function as the administrative offices for these
two businesses. The two businesses will alternate times of usage and the
restaurant will only serve bar food during the hours the private club/lounge is
open.
Based on the typical ordinance standard for the proposed private club/lounge,
51 parking spaces would typically be required. The 2,360 square foot restaurant
would require 23 parking spaces. There are 49 parking spaces located on the
site resulting in less parking than the typical ordinance standard. Staff is
supportive of the requested variance. Staff does not feel the lack of the parking
spaces will significantly impact the development as long as the business hours
are alternated so that the uses are not open at the same time. To staff’s
knowledge there are no outstanding technical issues associated with the request.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
January 8, 2009
ITEM NO.: G (Cont.) FILE NO.: S-1575-B
5
Staff recommends the hours of the two businesses be staggered so that the
private club/lounge are not open during the same hours.
Staff recommends approval of the variance request from Section 36-502 to allow
less parking than the typical ordinance standard for the proposed site based on
the two businesses alternating hours of operation.
Staff recommends that use of the restaurant building during the hours the private
club/lounge is open be limited to providing bar food to the private club/lounge
with no other customer traffic being permitted.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was present. There were registered objectors present. Chairman Taylor
stated when there were eight (8) or fewer Commissioners present the practice of the
Commission had been to allow the applicant the option of deferral of an item to a
subsequent meeting. He questioned if the applicant desired a deferral of the item to the
January 8, 2009, public hearing. Mr. Ron Wood stated his desire was to defer the item
to the January 8, 2009, public hearing.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for deferral to the January 8, 2009, public hearing. The motion carried by a
vote of 6 ayes, 0 noes, 2 absent and 3 open positions.
STAFF UPDATE:
This item was deferred from the December 18, 2008, public hearing due to the number
of Commissioners present. There has been no change to the application request since
the previous staff write-up and recommendation. Staff continues to recommend
approval of the request to allow a parking variance for this site.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
Mr. Ron Woods and Mr. Herbert Broadway were present representing the request.
There was one registered objector present. Staff presented the item with a
recommendation of approval. Commissioner Yates questioned how the current request
was substantially different than the request denied by the Commission at their October
30, 2008, public hearing. Staff stated the current request limited the use of the front
building for the private club/lounge to first floor containing 5,100 square feet with the
exception of an administrative office located on the second floor. Staff stated the rear
building contained 2,360 square feet and was proposed as a restaurant. Staff stated
the applicant had provided in writing a commitment that the two businesses would not
January 8, 2009
ITEM NO.: G (Cont.) FILE NO.: S-1575-B
6
be open to the public during the same hours. Staff stated based on raw numbers the
site would require 74 on-site parking spaces to allow both businesses to operate during
the same business hours. Staff stated the site contained 49 spaces resulting in a
parking variance of 25 spaces if the two businesses were open during the same
business hours. Staff stated limiting the hours of operation for the private club/lounge to
only operate during the hours the restaurant was closed would create a parking
variance of two spaces. Staff stated the previous request created a raw number parking
variance of 34 spaces and with the alternation of uses a parking variance of eleven
spaces was created. Through a general discussion of the Commission they determined
the application was substantially different and prepared to hear the remainder of the
item.
Mr. Kaderick Jones addressed the Commission in opposition of the request. He stated
he was the pastor of the church located directly north of the property. He stated the
church began operating in January of 2007 at their current location. He stated
Mr. Broadway began his renovations in July of 2007 and he was told Mr. Broadway was
renovating the property for use as a restaurant. He stated the church was not notified of
the potential for a club on the property or the church would have been present to
oppose the request. He stated he had previously provided the Commission with a City
ordinance which prohibited the sale of alcohol within 300 feet of a church or school. He
stated the church was located within 300 feet of the proposed club. Mr. Jones stated
there were a number of private clubs located in the area. He stated he did not feel this
was the proper location for a private club.
Ms. Cindy Dawson, Deputy City Attorney, provided the Commission with a summary of
City Code 4-93 the sale of alcohol near churches and schools. She stated the
ordinance stated it was unlawful to sell beer or light wines within three hundred (300)
feet of any church in the residential section of the City. She stated the residential
section of the City was any part of the City located outside of the fire zone. She stated
the business section of the City was that part of the City within the fire zone. She stated
the distance would be measured from the nearest point of the church or school to the
nearest point of the building or place where beer or light wine was sold. She provided
the Commission with the definition of beer and light wine.
There was a general discussion concerning the volume of alcohols and the alcohols that
could be sold from the property. Ms. Dawson stated the application request was not a
use issue. She stated there was an ordinance adopted by the Board of Directors which
regulated the sale of alcohol near a school or church. She stated the Commission could
not waive this ordinance as a part of the review and approval process. She stated the
application request before the Commission was a request to allow a parking variance.
There was a general discussion concerning the proposed parking variance request. A
motion was made to approve the request. The motion carried by a vote of 9 ayes, 1 no
and 1 absent.
January 8, 2009
ITEM NO.: H FILE NO.: Z-4923-G
NAME: Shackleford Crossing Lot 1 Revised Long-form PCD (Cracker Barrel)
LOCATION: Located at 2618 South Shackleford Road
DEVELOPER:
Cracker Barrel
c/o Cindy Gray
2618 South Shackleford Road
Little Rock, AR 72205
ENGINEER:
Design and Engineering
5105 Maryland Way Suite 200
Brentwood, TN 37027
AREA: 2.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Mixed Use Shopping Center
PROPOSED ZONING: Revised PCD
PROPOSED USE: Mixed Use Shopping Center – Add temporary storage
modules on the site for inventory storage
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23,
2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD,
which was located at the southwest corner of South Shackleford Road and Interstate
430. The conceptual plan included the north 62 acres being developed with C-2,
Shopping Center District permitted uses, the south 20 acres being O-2, Office and
Institutional District permitted uses and the middle 15 acres being a transition area
where O-2, Office and Institutional District and C-2, Shopping Center District permitted
uses would be allowed. The plan also showed four out parcels along the Shackleford
January 8, 2009
ITEM NO.: H (Cont.) FILE NO.: Z-4923-G
2
Road frontage, with three main entry drives from Shackleford Road. The total project
would consist of 1,000,000 square feet of gross building area.
Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20,
2005, established revisions to the previously approved PCD. The approval defined the
site plan for Phase I, the commercial portion of the project and one of the office lots.
With the request, a preliminary plat for the subdivision of the site with sixteen lots and
out-parcels was also approved. The approved site plan included an area previously
excluded containing the Comcast office tract on Shackleford Road and incorporated the
area into the overall project plan.
All the conditions that were a part of the previously approved Conceptual PCD were
incorporated into the submittal with one revision. The one change requested from the
prior conditions was to increase the allowable restaurant square footage and place a
minimum parking ratio requirement for restaurants on the site as imposed by the
developer: Commercial/Retail buildings constructed on the property shall not exceed a
total of 750,000 square feet of gross floor area, with a maximum of 40,000 square feet
of restaurant uses on out parcels and 35,000 square feet of restaurant uses on the
balance of project with a total maximum restaurant use for the entire property not to
exceed 65,000 square feet. Additionally, all restaurants shall have a parking ratio of
not less than 12 spaces per 1,000 square feet calculated independently of retail parking
ratios.
Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20,
2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to
Shackleford Road and add food store as an allowable use for the site.
On May 8, 2008, the Little Rock Planning Commission recommended approval of a
request to allow a revision to the previously approved PCD for a 2.2-acre parcel located
near the southeastern portion of the site immediately south of the proposed Big Box
retail store. The approval allowed for development of a four story 92 room hotel with
paved drives and parking. The hotel was not proposed with any amenities such as
conference rooms, a restaurant or a bar. The Board of Directors approved the request
on June 3, 2008, by the adoption of Ordinance No. 19,980.
On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by
the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the
conditions and to add a hotel footprint to the approved site plan. The modifications
include the addition of Conditional Uses in the O-2, Office and Institutional Zoning
District to the allowable uses and to increase the amount of restaurant square footage
approved for the development. The revision allowed 55,000 square feet of restaurant
space on the out parcels and a maximum of 80,000 square feet within the overall
development.
January 8, 2009
ITEM NO.: H (Cont.) FILE NO.: Z-4923-G
3
The hotel was proposed on Lot 11 near the southwest corner of the site. The hotel was
indicated with a maximum of four stories and 87 rooms. The hotel would not have a
restaurant or bar associated with it but a 1,200 square foot meeting room was
proposed.
A. PROPOSAL/REQUEST:
The applicant is now requesting a revision to the previously approved PCD to
add temporary storage on the site via two storage modules to be placed on the
out-lot occupied by Cracker Barrel Restaurant. The storage modules are
proposed to be 40 feet in length and 8 feet in width and are proposed to be
behind the restaurant building. The delivery of the storage modules is proposed
to be staggered with the first storage module delivered on July 1st and the 2nd
delivered on September 1st yearly. The storage modules will be removed from
the site no later than February 15th of each year. Items to be stored in the
storage modules are stock and inventory of retail merchandise and fixtures that
cannot be stored in the stock room of the existing building. No perishable items
are proposed for storage.
B. EXISTING CONDITIONS:
The shopping center has developed and site work is completed for the Wal-Mart
Super Center but construction has yet to begin. Along the southern portion of the
site a new hotel is under construction and Comcast is currently under review for
an expansion. The street work adjacent to the site has been completed and all
access drives within the shopping center are completed.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment 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, the John Barrow Neighborhood
Association and the Sandpiper Neighborhood Association were notified of the
Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
January 8, 2009
ITEM NO.: H (Cont.) FILE NO.: Z-4923-G
4
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Care must be taken not to block any water meters or
access to fire protection.
Fire Department: The storage modules may not be placed within the fire access
lane.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-430 Planning District. The
Land Use Plan shows Mixed Office Commercial for this property. The applicant
has applied for a revised Planned Commercial Development to allow storage
modules in the Cracker Barrel parking lot.
The request does not require a change to the Land Use Plan.
Master Street Plan: South Shackleford Road 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.
Bicycle Plan: There are no bike routes in this immediate vicinity.
Neighborhood Action Plan: The John Barrow Neighborhood Action Plan covers
this area, but the Plan does not address this issue.
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. All landscaping must be in good condition or replaced in conjunction with this
application.
January 8, 2009
ITEM NO.: H (Cont.) FILE NO.: Z-4923-G
5
G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008)
The applicant was not present. Staff presented an overview of the request
stating there were no outstanding technical issues associated with the request.
There being no further issues for discussion, the Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
There were no outstanding technical issues associated with the request in need
of addressing raised at the November 20, 2008, Subdivision Committee meeting.
The applicant is requesting a revision to the previously approved PCD to add
temporary storage on the Cracker Barrel site via two storage modules. The
storage modules are proposed to be 40 feet in length and 8 feet in width and are
proposed to be behind the restaurant building. The delivery of the storage
modules is proposed to be staggered with the first module delivered on July 1st
and the 2nd storage module delivered on September 1st yearly. The storage
modules will be removed from the site no later than February 15th of each year.
Items to be stored in the storage modules are stock and inventory of retail
merchandise and fixtures that cannot be stored in the stock room of the existing
restaurant building. No perishable items are proposed for storage.
According to the developers of Shackleford Crossings Shopping Center, they
have placed limits on the place the storage modules can be located. The
developer has stated the storage modules must be placed behind the building to
not be visible from South Shackleford Road. This would place the storage
modules within the fire lane. The Fire Department comments state the storage
modules cannot be placed within the fire lane.
Staff is not supportive of the placement of storage modules to act as inventory
storage on this site. Per Section 36-252, “Accessory buildings in certain districts”
the ordinance outlines appropriate accessory building construction specifications.
The ordinance states accessory buildings are to be specifically designed and
constructed for the purpose of serving as an accessory building and items such
as cargo containers, truck boxes and trailers, train cars and cabooses, mobile
homes, manufactured homes and recreational vehicles or trailers shall not be
deemed appropriate to serve as an accessory building. Although this section of
the ordinance applies to residential zoning districts, staff feels it applicable to
accessory buildings in other zones as well. The approval will allow one or more
storage modules to be on the site for seven and one-half months of the year.
The fire department has indicated the storage modules cannot be located within
the fire access drive. Staff feels based on the fire department comment and the
time frame requested for the storage modules to be located on the site, the
January 8, 2009
ITEM NO.: H (Cont.) FILE NO.: Z-4923-G
6
applicant should construct a permanent building for inventory storage. Staff feels
the building construction should be of an architectural style and materials that
would match the existing building.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was present. There were registered objectors present. Chairman Taylor
stated when there were eight (8) or fewer Commissioners present the practice of the
Commission had been to allow the applicant the option of deferral of an item to a
subsequent meeting. He questioned if the applicant desired a deferral of the item to the
January 8, 2009, public hearing. Ms. Cindy Gray stated his desire was to defer the item
to the January 8, 2009, public hearing.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for deferral to the January 8, 2009, public hearing. The motion carried by a
vote of 6 ayes, 0 noes, 2 absent and 3 open positions.
STAFF UPDATE:
This item was deferred from the December 18, 2008, public hearing due to the number
of Commissioners present. There has been no change to the application request since
the previous staff write-up and recommendation. Staff continues to recommend denial
of the request to allow the placement of storage modules within the parking lot area of
this existing restaurant.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
Ms. Cindy Gray was present representing the request. Staff presented the item stating
there were a couple of corrections, one to the site plan and the second to the write-up.
Staff stated the site plan indicated the storage modules would occupy two parking
spaces when in fact the modules would cover five parking spaces. Staff stated the
second issue was the storage modules would not be located within the fire lane as
indicated in the write-up. Staff stated the storage modules would be located behind the
building and within the parking stalls near the dumpster.
Ms. Gray stated she had a letter from the developer stating if Cracker Barrel complied
with certain criteria they would approve the temporary storage. Chairman Taylor stated
the developer had criteria but the zoning ordinance addressed accessory buildings and
January 8, 2009
ITEM NO.: H (Cont.) FILE NO.: Z-4923-G
7
storage modules. He stated to allow the placement of the storage modules as
temporary storage would require approval from the Planning Commission and the Board
of Directors.
Ms. Gray stated since staff was concerned with the length of time the storage modules
would be on site she would reduce the time. She stated the storage modules would be
located on the site from September 15th to January 15th. She stated this was only four
months as opposed to the previous seven-month request. She stated she would also
screen the storage modules if desired. She stated the storage modules would be brown
and the same color as the Cracker Barrel building. She stated fencing could be placed
around the storage modules to help screen them from view. She questioned how other
businesses in the area were allowed temporary storage modules.
There was a general discussion by the Commission concerning previous request and
how temporary storage modules had been handled in the City. Staff stated when
Wal-mart provided a lay-a-way service Wal-mart was granted temporary storage
modules during the Christmas season. Staff stated the approval was granted as a
Conditional Use Permit. Staff stated in some cases the Board of Adjustment had
approved the placement of temporary storage modules but the placement of temporary
storage modules did take a review process.
The Commission indicated to Ms. Gray they felt a permanent building was more suitable
for the site if storage was necessary. Ms. Gray stated since the storage was only
needed for a few months out of the year it was not financially feasible to construct a
permanent building. A motion was made to approve the request as filed. The motion
failed by a vote of 0 ayes, 10 noes and 1 absent.
January 8, 2009
ITEM NO.: 1 FILE NO.: G-23-405
Name: Candlewood Drive – Right-of-Way Abandonment
Location: East side of Candlewood Drive, north of Cantrell Road
Owner/Applicant: Joe D. Whisenhunt and Simmons First National Bank/
Robert M. Brown
Request: To abandon the east twenty (20) feet of the eighty (80) foot
wide Candlewood Drive right-of-way.
Purpose: Future development/re-development
STAFF NOTE:
Joe D. Whisenhunt and Simmons First National Bank, adjacent property owners, are
requesting to abandon the east 20 feet of the 80 foot wide Candlewood Drive right-of-way.
The area of proposed abandonment runs along the east side of Candlewood Drive, north of
Cantrell Road for approximately 600 feet. This is an area of 11,836 square feet or 0.621
acre. The abandonment is proposed in order to incorporate the excess right-of-way into the
adjacent commercial development(s) to the east for future development/re-development.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to the
abandonment request. Central Arkansas Water requests that portions of the area of
abandonment be retained as easements. The City’s Public Works Department has no
comments on the abandonment request.
B. Master Street Plan:
The City’s Master Street Plan currently designates Candlewood Drive as a
local/commercial street, with sixty (60) feet of right-of-way required. Sixty (60) feet of
right-of-way will remain after the proposed abandonment.
C. Characteristics of Right-of-Way Terrain:
Candlewood Drive is currently a thirty-five (35) foot wide commercial street with curb,
gutter and a sidewalk along its east side. It serves the commercial development along
its east side. Candlewood Drive is located within the west fifty (50) feet of the right-of-
January 8, 2009
ITEM NO.: 1 (Cont.) FILE NO.: G-23-405
2
way area, as it is not centered within the eighty (80) foot wide area. The twenty (20)
foot wide area proposed to be abandoned is a grass-covered area, and is located
between the sidewalk and landscaped area for the adjacent commercial development.
D. Development Potential:
After abandonment, the twenty (20) foot wide area will be incorporated into the
adjacent commercial development(s) to the east.
E. Neighborhood and Land Use Effect:
The general area contains a mixture of uses and zoning. A commercial development,
including a Kroger Store, and a bank are located along the east side of Candlewood
Drive. A mini-warehouse development and commercial strip center are located along
the west side of Candlewood Drive.
F. Neighborhood Position:
The Pinnacle Valley, Secluded Hills, Westbury and Aberdeen Court Neighborhood
Associations were notified of the abandonment request. As of this writing, staff knows
of no objectors to the abandonment request.
G. Effect on Public Services or Utilities:
Wastewater: No objection to abandonment. No additional easements required.
Entergy: No objection to abandonment. No easement requested.
Centerpoint Energy: No objection to abandonment. No easement requested.
AT&T (SBC): No objection to abandonment. No easement requested.
Water: No objection to abandonment. However, Central Arkansas Water has existing
water facilities located within this area and requires that 15-foot wide utility
easements, 7.5 feet on both sides of these facilities, be retained as a utility
easement.
H. Reversionary Rights:
According to an abstract company, the deed, which dedicated the right-of-way,
contained no reversionary clauses. Therefore, after abandonment, the east twenty
(20) feet of the right-of-way will revert to the adjacent property owners to the east.
January 8, 2009
ITEM NO.: 1 (Cont.) FILE NO.: G-23-405
3
I. Public Welfare and Safety Issues:
Abandoning this excess area of the Candlewood Drive right-of-way will have no
adverse impact on the public welfare and safety. The Little Rock Fire Department has
reviewed and approved the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 4, 2008)
Robert Brown was present, representing the application. Staff briefly reviewed the
abandonment request with the Committee. Staff noted that Central Arkansas Water
requested part of the area to be retained as easements.
In response to a question from the Committee, Mr. Brown explained that the area of
proposed abandonment would possibly be used in conjunction with a future remodeling
project including possible redesign of a portion of the parking lot for the Kroger development.
There was a brief discussion of the Candlewood Drive right-of-way further north.
After the discussion, the Committee forwarded the application to the full Commission for
resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the requested right-of-way abandonment, subject to retaining
the areas of right-of-way as utility easements as requested by Central Arkansas Water.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for approval. A motion to that effect was made. The motion passed by a vote of
10 ayes, 0 nays and 1 absent.
January 8, 2009
ITEM NO.: 2 FILE NO.: Z-8421
NAME: Hickman Boarding House – Special Use Permit
LOCATION: 1865 S. Schiller Street
OWNER: Glen Alan and Jane Hickman
APPLICANT: Alan Hickman
PROPOSAL: A Special Use Permit is requested to allow a Boarding
House to be operated in the residential structure
located on the R-4 zoned property at 1865 S. Schiller
Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Wright Avenue and
Central High Neighborhood Associations were notified of the public
hearing.
B. Public Works Comments:
1. A paved parking surface is provided in the rear of the property. Is this
paved surface of sufficient size for the number of proposed tenants?
If not, where will the extra vehicles park?
C. Landscape and Buffer Comments:
Additional landscaping will be required in conjunction with any new
parking areas located on the site.
Depending upon rehabilitation costs associated with this project the
parking lot and property may have to be brought into full compliancy with
the City’s landscaping and buffer minimal ordinance requirements.
Street trees are recommended.
D. Staff Analysis:
The applicant, Alan Hickman, is requesting a Special Use Permit to allow
a boarding house to be operated within the residential structure located on
the R-4 zoned property at 1865 S. Schiller Street. The applicant is
requesting the boarding house for occupancy of up to twelve (12) persons.
There are currently seven (7) persons (including the applicant) living in the
January 8, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8421
2
structure. The City’s Zoning Enforcement Staff recently issued the
applicant a notice to cease use of the structure as a boarding house or
apply for a Special Use Permit. The applicant has noted that the use of
the structure will only be a boarding house and not a “chemical free living
house”, “halfway house” or similar facility.
The property at 1865 S. Schiller Street is occupied by a two-story frame
residential structure. There is a paved alley along the rear (east) property
line, with a paved parking pad for three (3) vehicles at the northeast corner
of the property. The structure contains four (4) bedrooms upstairs and
three (3) downstairs, with common kitchen, dining and living areas
downstairs. The applicant has been parking three (3) to four (4) vehicles
in the front yard area (unpaved). The sidewalk along S. Schiller Street in
front of this property has been damaged due to vehicles pulling over it into
the front yard of this residence. On-street parking is allowed along S.
Schiller Street. Section 36-502 of the City’s Zoning Ordinance requires a
minimum of six (6) off-street parking spaces for the proposed boarding
house use.
The applicant submitted a copy of the Bill of Assurance for this
subdivision. It was recorded in 1889 and is not legible. It likely contains
no statement(s) regarding property use.
The site is not located on a CATA bus route. Route #16 (UALR Route)
runs along Wright Avenue to the north and Route #14 (Rosedale Route)
runs along S. Schiller Street to the south.
According to the City’s Zoning Ordinance, following is the definition of a
“Rooming, lodging and boarding facility”:
“Rooming, lodging and boarding facility means a building or
establishment which provides for more than four (4) but
fewer than sixteen (16) persons and may provide meal
service. The building or facility shall be so arranged as to
permit passage between all living elements such as dining,
kitchen and bathrooms. Detached units or private access
accommodations are not permitted.”
According to Section 36-54(e)(4)a. of the Zoning Ordinance, separation,
spacing and procedural requirements for rooming, lodging and boarding
facilities will be determined by the Planning Commission so as to not
adversely impact the surrounding properties and neighborhood. Unless
the Commission determines that a different area is more appropriate, a
January 8, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8421
3
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. Staff has surveyed the area within 1,500 feet of
1865 S. Schiller Street, and found two (2) residential-type facilities. There
is a boarding house-type use at 1908 Park Street, and the House of Vision
facilities located at 1917/1919 Wright Avenue.
According to Section 36-54(e)(4)c. and d.,
“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.”
According to Section 36-54(d), Special use permits shall not be
transferable in any manner. Permits cannot be passed from owner to
owner, location to location or use to use.
January 8, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8421
4
Staff is not supportive of the requested Special Use Permit to allow a
boarding house at 1865 S. Schiller Street. Staff believes that a boarding
house for twelve (12) persons at this location will have an adverse impact
on the neighborhood. As noted previously, there are three (3) paved
parking spaces in the rear yard area adjacent to a paved alley. This is the
only off-street parking on the site. With twelve (12) persons living in the
house, there would be the potential to have twelve (12) vehicles which
would need area to park. The applicant has been utilizing the front yard
area to park vehicles, with the sidewalk along S. Schiller Street in front of
the residence having damage due to vehicles pulling over it. Staff
believes parking in the front yard will detract from the residential
appearance of the property. Additionally, staff feels that the structure is
not large enough to accommodate living facilities for up to twelve (12)
persons. Staff believes the applicant is requesting a facility which is too
large for the property, which would likely detract from the residential
appearance of the site, and have an adverse impact (traffic – number of
daily trips generated and parking) on the surrounding single family
residences.
E. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to allow a
boarding house at 1865 S. Schiller Street.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
Alan Hickman was present, representing the application. There were eight (8)
persons present in opposition. Staff presented the application with a
recommendation of denial.
Alan Hickman addressed the Commission in support of the application. He
amended the application to have a maximum of eight (8) residents in the
boarding house. He also stated that he would add to the asphalt parking pad in
the rear yard so that four (4) vehicles could park on it. He also noted that he
would repair the sidewalk in front of the residence.
George Blevins, of the Wright Avenue Neighborhood Association, addressed the
Commission in opposition. He explained that the neighborhood association did
not want another boarding house in the neighborhood.
Frederick Cherry also spoke in opposition. He presented a letter of opposition
from Daphine Knighten, a nearby resident. He noted that he is a property
appraiser and explained that the proposed boarding house would bring down
January 8, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8421
5
property values in the neighborhood. He also explained that the boarding house
would be a nuisance in the neighborhood.
Kenneth Craig also addressed the Commission in opposition. He noted that the
increased traffic caused by the boarding house had been a problem in the
neighborhood. He questioned the nature of the proposed boarding house. He
also noted that there had been problems with dogs owned by persons living in
the house.
Jaimi Givan also spoke in opposition. He described problems with drugs and
crime in the neighborhood.
Bonnie Jones also spoke in opposition. She expressed concerns with the
number of persons proposed to live in the boarding house.
Barbara Jones also spoke in opposition. She noted that the Gyst House at
1908 S. Park Street had not been a problem to the neighborhood. She explained
that the neighbors had been trying to improve the neighborhood.
Lumma Norwood also spoke in opposition. She explained that her residence had
recently been broken into.
Mattie Willis also spoke in opposition. She explained past problems with crime in
the neighborhood.
Mr. Hickman presented photos to the Commission showing other structures in
the neighborhood. He asked if the objectors had any documentation showing
that a boarding house had an adverse impact on crime or property values in a
neighborhood. He explained that his proposed use was only a boarding house
and no other type of residential facility. He explained that his dogs were no
longer a problem for the neighbors. He noted that the home had eight (8)
bedrooms according to the appraisal. He noted that the house had 2,200 square
feet, with two (2) bathrooms (1 upstairs and 1 downstairs). He also noted that
the police department had not been called to the residence since he has lived
there.
Tony Bozynski, Planning Director, explained that staff was not in support of the
amended application. He noted that this type of use should not be introduced
into this fragile neighborhood.
There was a brief discussion of the proposed boarding house in comparison to
the Gyst House.
Vice-Chair Yates asked why the Special Use Permit was not applied for prior to
operation of the boarding house. Mr. Hickman stated that he did not know he
January 8, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8421
6
needed the permit. Vice-Chair Yates asked if the boarding house needed a
business license. Mr. Hickman stated that he did not think a license was
required. There was a brief discussion related to the nature of the boarding
house.
Commissioner Nunnley asked if Mr. Hickman was the only “staff member” living
on the site. Mr. Hickman explained that he was and that he has been a
recovering addict since 2004.
There was a motion to approve the application as amended by the applicant.
The motion failed by a vote of 0 ayes, 10 nays and 1 absent. The application
was denied.
January 8, 2009
ITEM NO.: 3 FILE NO.: Z-8419
NAME: Anderson Accesssory Dwelling –
Conditional Use Permit
LOCATION: 5914 Stonewall Road
OWNER/APPLICANT: Carla Anderson
PROPOSAL: A conditional use permit is requested to allow
construction of an accessory dwelling on this R-2
zoned lot.
STAFF REPORT:
On December 1, 2008, the applicant requested withdrawal of this request.
STAFF RECOMMENDATION:
Staff recommends withdrawal of the item without prejudice, as requested by the
applicant on December 1, 2008.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was not present. There were no objectors present. Staff informed
the Commission that on December 1, 2009, the applicant had requested
withdrawal of the item. There was no further discussion. The item was placed on
the consent agenda and withdrawn by a vote of 10 ayes, 0 noes and 1 absent.
January 8, 2009
ITEM NO.: 4 FILE NO.: Z-8420
NAME: Love N Care Day Care Center –
Conditional Use Permit
LOCATION: 4110 East 37th Street (College Station)
OWNER/APPLICANT: James Washington
PROPOSAL: A conditional use permit is requested to allow for
construction of a new building to accommodate
expansion of the existing day care center on this
R-3 zoned property.
1. SITE LOCATION:
The site is located on the north side of East 37th Street, one block west of
Bankhead Drive, in the College Station community.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located outside of the city limits, within the City’s zoning
jurisdiction. The property is located in the area impacted by the 1997
tornado and many of the properties in the immediate vicinity remain
vacant. The existing day care center and the applicant’s home are
adjacent to the east. Undeveloped, wooded property is adjacent to the
north and to the east of the existing day care. The building slab and
parking lot remain from the former site of the county health department,
which was located at 37th and Bankhead. Two single-family residences
and a 4-unit apartment building are located to the south. The site is
located just off Bankhead, a collector street, in an area that is in need of
reinvestment. Staff believes the use is compatible with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the College Station
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The new building is to accommodate 62 children with 8 employees,
requiring 14 parking spaces. The applicant proposes a single driveway off
of East 37th Street and an 11-space parking lot. Additional parking is
available and being used at the existing day care to the east. The
January 8, 2009
ITEM NO.: 4 (Cont.) FILE NO.: Z-8420
2
applicant has also stated that 85% of the children attending the day care
are transported by day care vans, reducing the need for on-site parking
spaces. Staff supports the proposed reduction of three (3) spaces in
on-site parking.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
Additional landscaping will be required in conjunction with any new
parking areas located on the site.
A nine-foot wide (9’) land use buffer is required around the property where
adjacent to residentially zoned properties. Seventy percent (70%) of this
area is to remain undisturbed.
If the area has already been graded or doesn’t have existing on site trees
around the sites perimeter then they must be planted in conjunction with
this application.
A six foot high (6’) opaque wooden fence is required along the property
lines where adjacent to residentially zoned properties and to be erected
good face side towards the neighbor.
5. PUBLIC WORKS COMMENTS:
1. From the information provided, it appears the Riffel Street right-of-way
is closed adjacent to Lot 12 and Lot 7. No information has been
provided that the right-of-way to Lot 1 and Lot 6 and the alley have
been closed.
2. If the Riffel Street right-of-way is closed, Lot 1 would only be entitled to
the western twenty (20) feet of the right-of-way. The proposed
structure extends easterly beyond the western twenty (20) feet of the
right-of-way adjacent to Lot 1.
3. Due to the proposed use of the property, the Master Street Plan
specifies that East 37th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty (30)
feet from centerline.
4. Due to the proposed use of the property, the Master Street Plan
specifies that East 36th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty (30)
feet from centerline or close East 36th Street.
January 8, 2009
ITEM NO.: 4 (Cont.) FILE NO.: Z-8420
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: Contact Central Arkansas Water regarding restoration of water
service to this site. The Little Rock Fire Department needs to evaluate
this site to determine whether additional public and/or private fire
protection facilities will be required. If additional fire facilities are
required, they will be installed at the Developer’s expense. A water
main extension may be required.
Fire Department: Approved as submitted. May require fire sprinklers and
fire hydrant. Provide statement of approval and any requirements from
local Volunteer Fire Department prior to construction.
County Planning: No comments received.
CATA: This site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 4, 2008)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building design, fencing, signage, site lighting,
dumpster location and days of operation. The applicant was asked to provide a
copy of the Subdivision’s bill of assurance.
Staff noted the reduced number of parking spaces. The applicant responded that
up to 85% of the children enrolled at the center were transported by day care
vans and additional parking was available at the existing day care site adjacent
to the east.
Public Works and Landscape Comments were discussed. It was noted that the
applicant had provided proof that the southern portion of Riffel Street had been
abandoned by the County. Staff asked the applicant to provide proof that the
alley and the north portion of Riffel had been abandoned. The applicant was
advised to meet with the staff at Pulaski County Planning.
January 8, 2009
ITEM NO.: 4 (Cont.) FILE NO.: Z-8420
4
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Love N Care Day Care Center is currently located on the R-3 zoned property at
4118 East 37th Street, in College Station. The property also contains a single
family residence which is occupied by the owner of the day care center, James
Washington. The existing day care is a nonconforming use. The property is
located outside of the Little Rock city limits but within the City’s zoning
jurisdiction. The College Station area was zoned following the 1997 tornado in
conjunction with the City extending sewer service to the area. This site lies in the
area impacted by the tornado. Many of the properties in the immediate area are
vacant and some still show the results of the tornado’s passage. The applicant is
requesting approval of a C.U.P. to allow construction of a new building to
accommodate an expansion of the day care center.
The existing day care has an enrollment of 48 children. The proposed new
building will accommodate an additional 62 children and 8 employees. The
building will be one-story in height and likely will be constructed of metal. The
building will contain a kitchen and a large, open play area in addition to possible
office and classroom space. The applicant envisions using the new building to
house infants and toddlers and to provide room for before and after school care
for children ages 7 to 13. Days and hours of operation are proposed as 5:00
a.m. to 11:30 p.m., Monday through Friday with the possibility of expanding to
Saturday and Sunday hours if the demand should rise. In conjunction with the
new building, a new, paved and landscaped 11-space parking lot will be built on
the site.
The entirety of the site will be enclosed with a 4-foot tall chain-link fence. No new
dumpster is proposed. Trash collection will continue to occur at the existing day
care site to the east. Some new lighting will be installed at the entrance and over
the new parking lot. A signage plan was not submitted. Staff recommends that
signage be limited to that allowed in office and institutional districts. No new
playground is proposed. The day care’s existing playground will continue to be
utilized and the new building will contain a large, open play area. If an additional
playground is built behind the new building. Staff recommends that a 6-foot tall,
opaque wood fence be installed around the playground area where the site is
adjacent to other properties.
The applicant has provided proof that the southern portion of the Riffel Street
right-of-way has been abandoned. He has contacted the County about
beginning the process of having the northern portion of Riffel, the alley and a
portion of East 36th Street abandoned. Staff is comfortable with allowing the
January 8, 2009
ITEM NO.: 4 (Cont.) FILE NO.: Z-8420
5
application to proceed through the Planning Commission subject to those rights-
of-way being abandoned by the County prior to construction of the building. To
accommodate the fact that the applicant will gain only the west half of Riffel
Street, if the northern portion of the street is abandoned, the plan has been
modified to move the building slightly to the west. This has resulted in a 3-foot
side yard setback on the west. The property is zoned R-3 which typically
requires a 5-foot side yard. Staff is supportive of this relatively minor setback
variance.
Staff is supportive of the proposed C.U.P. Staff believes the use is compatible
with the neighborhood. This area is in need of reinvestment and the proposed
new day care building could be a positive step toward redevelopment in the area.
The 1908 bill of assurance for College Park does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions in Section 4, 5 and 6 of the
agenda staff report.
2. Any new site lighting is to be shielded downward and aimed into the site so as
not to spill onto adjacent properties.
3. Signage is to be limited to that allowed in office and institutional zones.
4. Any new playground is to be screened from adjacent properties with a 6-foot
tall, opaque, wood fence built with the finished side facing outward.
5. The building may not be built until the applicant presents proof that the rights-
of-way for the remainder of Riffel Street, the alley and East 36th Street have
been abandoned.
Staff recommends approval of the variances to allow the reduced building
setback of 3 feet on the west side and a reduction in the number of on-site
parking spaces from 14 to 11.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There was one interested part present. Staff
presented the item and a recommendation of approval as outlined in the “staff
recommendation” above. The applicant stated he would reserve his time to
respond to issues raised by the other parties.
January 8, 2009
ITEM NO.: 4 (Cont.) FILE NO.: Z-8420
6
Alvin William, of 6 Ben Crenshaw Cove, stated he owned property in the area
and had received notice of the hearing. He stated he wanted to know if any
change was being proposed for his property. Chairman Taylor responded that
there was not. Mr. Williams responded he had no problem with the application.
A motion was made to approve the application subject to all staff
recommendations and conditions. The motion was approved by a vote of
10 ayes, 0 noes and 1 absent.
January 8, 2009
ITEM NO.: 5 FILE NO.: Z-8362-A
NAME: Robinson Day Care Center – Conditional Use Permit
LOCATION: 1102 West 21st Street
OWNER/APPLICANT: Wilma Robinson
PROPOSAL: A conditional use permit is requested to allow a day
care center to be operated in the downstairs unit of
this R-4 zoned, two-story duplex.
1. SITE LOCATION:
The property is located at the northwest corner of West 21st Street and
S. Ringo Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an R-4 zoned neighborhood, which is populated,
primarily by single family and two-family residences. The homes range in
condition from very good to vacant and boarded. The applicant’s frame
residence is typical of the homes in the area. Other uses in the broader
area include a school on an O-3 zoned tract near Pulaski and Bussey, a
closed non-conforming grocery store at the same intersection and a
residence on a C-3 zoned tract at Cross and Bussey. The application is
for a day care center, not a day care family home. Staff believes the
proposed use is not appropriate for this area and would be better located
at the edge of the neighborhood, on an arterial or collector street.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Wright Avenue, Central
High and Downtown Neighborhood Associations were notified about this
issue.
3. ON SITE DRIVES AND PARKING:
A day care center with an enrollment of 10 children with 3 employees
requires 4 on-site parking spaces. One space is required per employee
and one drop-off space is required for every 10 children. The site has
one, residential-type parking space located on the 21st Street side of the
property. No additional parking is proposed. The existing parking space
is better situated to serve the upstairs residential unit of the duplex. There
is inadequate parking for the day care.
January 8, 2009
ITEM NO.: 5 (Cont.) FILE NO.: Z-8362-A
2
4. SCREENING AND BUFFERS:
Site Plan must comply with the City’s landscape and buffer ordinance
requirements.
A landscaped buffer will be required along the northern and western
perimeters of the site next to the residentially zoned properties. A six-foot
high opaque fence, good face side out will also required or approved
evergreen vegetation.
Landscaping will also be required in conjunction with any/all new parking
areas.
Street trees are recommended.
5. PUBLIC WORKS COMMENTS:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Ringo Street and West 21st Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer is available to this property.
Entergy: No comment received.
CenterPoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Fire hydrant may be required.
County Planning: No comment required.
CATA: The site is not located on a CATA bus route. A route is located
one block to the north, on Bussey Avenue.
SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008)
The applicant’s daughter, Kimberly Blanton, was present. Ms. Blanton is
identified as the director of the day care. Staff presented the item and noted little
January 8, 2009
ITEM NO.: 5 (Cont.) FILE NO.: Z-8362-A
3
additional information was needed. In response to questions from staff, the
applicant stated there would be no signage and the maximum enrollment would
be 10 children. Staff noted use of the playground should be limited to daylight
hours and Fire Marshall approved would be required. Ms. Blanton stated she
had received approval from the Fire Marshall’s office.
Public Works and Landscape Comments were noted.
Staff noted the lack of on-site parking. Ms. Blanton stated most of the children
came from homes located within walking distance.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-4 zoned property located at 1102 West 21st Street is occupied by a
two-story, frame, two-family residential structure. Due to the slope of the
property, the structure has the appearance of a one-story structure from West
21st Street. The structure is a duplex with one upstairs and one downstairs unit.
There is no connection between units. The entrance to the upper unit is on 21st
Street. The lower unit’s entrance is at the rear of the structure. The property
owner, Wilma Robinson, occupies the upper unit. The lower unit has been
converted into a day care center. The property owner is the applicant. Her
daughter is director of the day care. There is one other employee.
The day care center is proposed to have an enrollment of 10 children. Days and
hours of operation are 6:00 a.m. – 9:00 p.m., Monday through Friday. The rear
yard is enclosed with a 4-foot chain link fence, providing playground area. No
signage is proposed. There is no parking for the day care. There is one parking
space located on the 21st Street frontage, where the entrance to the upstairs
residence is located.
The property is before the Commission in response to enforcement action. The
applicant originally filed a S.U.P. application for a day care family home. Staff
determined a S.U.P. was not appropriate since the entire downstairs unit of the
duplex is used for the day care.
Staff is not supportive of the proposed day care center. As opposed to a day
care family home, where the principal use remains residential, this application
proposes to utilize an entire unit of the duplex dwelling for the business. Staff
believes day care centers are better located at the fringe of a neighborhood, on
an arterial or collector street. Surrounding uses are all single family or two-family
residential. Additionally, no on-site parking or drop-off area is available for the
January 8, 2009
ITEM NO.: 5 (Cont.) FILE NO.: Z-8362-A
4
day care. The bill of assurance for Wright’s Addition does not address use
issues.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
The applicant, Wilma Robinson, was present. There was one objector and one
supporter present. Staff presented the item and a recommendation of denial.
Ms. Robinson addressed the Commission and stated she was providing a
service to low income families in the area. She stated there were parents in the
neighborhood who did not want to leave their children with strangers at another
day care center. She spoke of the benefits provided to children by her program.
Ms. Robinson stated some families lived close enough to walk to the site and
others could park in the parking space at the front of the house for drop off/pick
up. Ms. Robinson stated there was also parking available on the street.
Priscilla Robinson, of 2106 S. Ringo Street, spoke in support. She stated she had
been a resident of the neighborhood for many years and she felt the day care
had benefited the area. She stated parking was not a problem.
Ruth Bell, of the League of Women Voters, addressed the Commission. She
stated the League supported day care family homes in residential neighborhoods
that complied with City and State regulations. Ms. Bell stated the League was not
in support of this day care center that did not meet the City’s guidelines for a day
care family home.
Commissioner Rector commented that the use did not meet the City’s intent for
day care family homes.
Chairman Taylor asked if there were other day care centers or day care family
homes in the area. Commissioner Nunnley responded that there were.
A motion was made to approve the application subject to all staff comments and
conditions, less the recommendation of denial. The motion failed with a vote of
0 ayes, 10 noes and 1 absent.
January 8, 2009
ITEM NO.: 5 (Cont.) FILE NO.: Z-8362-A
5
STAFF UPDATE:
The applicants appealed the Planning Commission’s action to the Board of
Directors. At the October 21, 2008 Board meeting, the Board directed that the
item be returned to the Planning Commission. The applicant contended, and
some members of the Board agreed, that the proposed day care center was very
similar to a day care family home. Staff was instructed to meet again with the
applicants to assure that all pertinent information related to the operation was
presented to the Commission. Staff subsequently met with the applicants and
obtained a final, clear understanding of the proposed use.
The property is owned by Lash and Wilma Robinson. The Robinsons occupy the
upstairs unit of the two-story duplex. The State issued day care license is in the
name of Mrs. Robinson and her daughter Kimberly Blanton. Mrs. Robinson is at
the day care early in the morning and in the late afternoon. Ms. Blanton is
present throughout the day. One additional helper is present when needed. The
proposed day care will be limited to a maximum of 10 children, as with a day care
family home. The applicants have amended the hours of operation to 6:30 a.m.
to 6:30 p.m., Monday through Friday as is typical for a day care family home. A
6-foot tall wood privacy fence has been erected along the west and north
perimeters of the rear yard. Fire Marshall and Central Arkansas Water approvals
have been received by staff. Additional letters of support from area residents
have been received. Although there is limited on-site parking, there is one space
in front of the house. Additional parking can occur on Ringo Street, which is a
slightly traveled neighborhood street. The applicant has stated most of the
children come from the neighborhood and most are from within walking distance;
lessening the need for parking.
The applicants have agreed that any approval would be limited to their use and
occupancy of the residence and would not be transferable in any manner.
This is a somewhat unique situation in that the proposed use does not technically
qualify to be a day care family home although the operation is very much like that
use. Based on the circumstances of this unique case and the additional
information provided by the applicants, staff is supportive of the requested C.U.P.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. as amended by the
applicant subject to the following conditions:
1. The use is limited to ten children.
January 8, 2009
ITEM NO.: 5 (Cont.) FILE NO.: Z-8362-A
6
2. The permit is not transferable in any manner. The permit cannot be
transferred from owner to owner, location to location or use to use.
3. The residence at 1102 West 21st Street is to continue to be the residence of
the license holder Wilma Robinson.
4. The day care is to be operated in compliance with all applicable state
regulations.
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval 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.
January 8, 2009
ITEM NO.: 6 FILE NO.: 317
NAME: Porocel-Dixon Annexation (A-317) and
Porocel Planned Industrial District (Z-8287-A)
REQUEST: Accept 26.4 acres plus or minus to the City
LOCATION: Along the west side of Arch Street Pike at Dixon Road
(10300 Arch Street Pike)
SOURCE: Adam Crow, Agent for the Property Owners
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
September 9, 2008.
• The area requested for consideration is currently developed as an
industrial plant.
• There is one property owner.
• The site is contiguous to the City of Little Rock along the north boundary.
• The annexation request is to obtain sewer service and other City services.
• The area in question is generally rectangular, approximately 1000 feet
along the Westside of Arch Street Pike, 1290 feet deep.
• Currently the property is not zoned, the applicant requesting a Planned
Industrial Zoning classification as a part of the annexation (with I-3 uses).
• The property owners indicate they will continue the industrial uses with
some future expansions on site.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department has indicated they have no issues with
the annexation of this land to the City.
The Arch Street Fire Department (volunteer) has indicated they have no issues
with the annexation of this land to the City.
Police: The Little Rock Police Department has indicated they have no concerns
or issues with the annexation of this land to the City.
January 8, 2009
ITEM NO.: 6 (Cont.) FILE NO. 317
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Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
Parks and Recreation: The Little Rock Parks and Recreation Department
indicated they have no issues or concerns.
Public Works: The Little Rock Public Works department has indicated that with
this being industrial property and the only adjoining street a state highway, they
have no issues with the annexation of this land to the City.
Utilities:
Central Arkansas Water: No Comment Received.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: Little Rock Wastewater Utility has no objections to the
annexation, subject to Porocel meeting all requirements of Little Rock
Wastewater prior to connection to the Little Rock Wastewater system.
Southwestern Bell: No Comment Received.
Schools:
Little Rock: No Comment Received.
The annexation is not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is within the Pulaski Special School District.
ANALYSIS:
The site requesting annexation is developed. It is an industrial user that has
been in place for several years. Due to expansion plans there is a need for
sewer service and they therefore request annexation to the City of Little Rock.
This part of the county is not zoned, so with the annexation is a request to zone
the land to Planned Industrial District with I-3 Heavy Industrial permitted uses.
January 8, 2009
ITEM NO.: 6 (Cont.) FILE NO. 317
3
A sizable portion of the annexation is a pond. This is located in the south center
portion of the annexation area and extends to the south beyond that area under
consideration. The northern portion of the annexation area is developed or
cleared for future development of the Porocel ‘campus’. The southwest corner of
the site is undeveloped and wooded.
The west side of Arch Street Pike is generally low-lying land along Fourche
Bayou. This area is partially to mostly developed with industrial and commercial
uses from north of Baseline Road to beyond Vision Road. The property to the
immediate north is zoned I-1, Light Industrial beyond this is not zoned and to the
south is not zoned. To the east is a convenience store that is not zoned and a
surplus store with outdoor storage that also is not zoned. Further to the south is
the Little Rock Police Training Facility and the Little Rock Land Fill, both are not
zoned. The City’s Land Use Plan shows this area and the areas to the north as
Industrial, with Commercial at the intersection with Vision Road.
Northeast of the site is a single-family subdivision, across Arch Street Pike, this
area is also not zoned. There is a small area of C-3 General Commercial zoning
at the northeast corner of Dixon Road and Arch Street Pike that is currently
vacant and undeveloped. The topography to the northwest rises quickly. The
City’s Land Use Plan shows the east side of Arch Street as Single Family from
Baseline to Dixon Roads, with Mining and Industrial uses to the north and
beyond this. At the intersection of Dixon-Ironton Cutoff and Arch Street Pike the
Plan shows Commercial uses. To the south is shown for Park/Open Space and
Mining along Dixon to the east.
Arch Street Pike is State Highway 367. Dixon Road is State Highway 338. Both
roads are classified on the Master Street Plan as Principal Arterials but are only
two-lanes with shoulders. Neither is built to ‘standard’. Since they are state
highways the Arkansas Department of Highway and Transportation will make any
road widening and does all road maintenance.
There are water and wastewater lines in the vicinity. Additional lines would be
required to serve the land and the utilities have indicated that the property owner
would have to make the necessary connections at their cost.
To service this site, public safety providers would have to leave the city limits and
travel over half a mile to get to the site. The police and fire have both indicated
that they do not have any problems with the annexation. Since this is a state
highway some of the traffic enforcement will be provided by the State.
The land is not currently zoned and as part of the annexation the applicant is
requesting their land be classified to Planned Industrial District (PID), with I-3
uses. The PID proposes the addition of three structures and expansion of two
January 8, 2009
ITEM NO.: 6 (Cont.) FILE NO. 317
4
structures at the campus of the Porocel Industrial development. It would
maintain the existing structures. The campus will be used 24 hours a day seven
days a week and be open every day of the year. Porocel has 87 employees.
The existing parking areas will be used for the future development of the
campus. At such time as there is an addition or new construction the gravel
‘employee’ parking area will be paved and landscaped.
As part of this application a wood screen fence will be constructed as shown on
the survey. The dumpster will be screened with a wood fence and be located
behind the warehouse building. The existing access easement shown in the
northern part of the ownership will need to be removed. This easement does not
serve any other ownership beyond Porocel’s ownership. If the easement is
determined to be open, it will have to be abandoned.
Following are conditions placed on the PID:
At such time as the new structures are built, new areas shall meet all landscape
requirements - zoning buffer and landscape (Chapters 36 and 15). All new
vehicular use areas shall be paved and landscaped per ordinance requirements.
The northern easement if determined to be open, must be abandoned prior to
any construction of site improvements approved with this PID.
The additions and new construction will have to meet all building code and
detention requirements of the City of Little Rock. Additional fire hydrants maybe
required to service the development in the future. This will be determined as part
of the site review with any additions or new construction. All additions or new
construction shall not exceed the height allowed in I-3 or 30 feet. And signage
shall be limited to that in Section 36-554. Any new lighting is to be low level and
directional, downward and into the site.
Arch Street Pike is classified as a Principal Arterial and with the construction of
any new structures additional right-of-way to the 55 feet on center line may be
required, as well as some widening. Any improvements that would be located in
the right-of-way will need a franchise agreement (contact Bennie Nicolo 371-
4818 for additional information).
Staff Recommendation:
Approval of the Annexation (A-317) omitting the sliver of land along the eastside
of Arch Street Pike.
Approval of PID (Z-8287-A) with conditions noted in the last three paragraphs of
the analysis.
January 8, 2009
ITEM NO.: 6 (Cont.) FILE NO. 317
5
PLANNING COMMISSION ACTION: (JANUARY 8, 2009)
The item was placed on the consent agenda for approval. By a vote of 10 for
and 0 against the consent agenda was approved.