Z-6392 Staff AnalysisOctober 2, 1997
ITEM NO.• A
Name •
Location:
Recruest
Source•
Staff Re orG•
The requested ar
Plan generally u
west and other u
to the east. Th
Family. Between
Park/open Space.
second priority
Land Use Plan Amendment
2nd Street/Bender to Reichardt
Park/Open Space and Industrial to
Office
Demp and Paula Dempsey
ea is within the East Little Rock District. The
ses Bond Street as the line: industrial, to the
ses (Multifamily, Commercial and Single Family)
e area generally south of the line is Single
the levee and the river, the proposed use is
The area is shown on the Parks Master Plan as a
acquisition.
Further to the east along 2nd Street, is industrial use with the
levee between 2nd and 3rd Streets, as a barrier. The issue is
whether it should be development for business purposes or left as
open space or park land. The -Parks Department has been asked to
comment on this request. The Parks Department believes the site
is critical to the future expansion of Riverfront Park. The
connection between Riverfront Park and the East End Park would be
prevented.
The east end of 2nd Street, starting at John Street the area
changes to a more service-oriented use pattern. The State has a
county office and the F.O.P. meeting place are located in the
atea. There is one heavy commercial/ industrial use, a HVAC
(Heating, Ventilation Air Conditioning) firm, located here. From
Bender west there is no public shore line and most of the area is
developed. Since the area is of a less intensity (than
industrial) it is appropriate to recognize this. Therefore from
Bond east, along the river an Office classification is
appropriate. However, south of the levee is an area the City is
trying to preserve as residential; therefore, no change to Office
south of the levee should be encouraged.
In order to address the parks Department concern, either the plan
should be left Park/Open Space or accommodation for a
recreational link should be included. There are two options
which could be required. First would be "so many" feet adjacent
to the River. The second option would be to use the levee right-
of-way (80 feet).
October 2, 1997
ITEM NO.• A Gant.
STAFF RECOMMENDATION:
Approval subject to allowance for open space connection and no
nonresidential uses south of levee.
PLANNING COMMISSION ACTION:
(AUGUST 21, 1997)
Walter Malone, Planning Manager reviewed the request and
conditions in the area. Planning Staff is opposed to changing
the Plan south of the levee. This area is a single family
residential neighborhood. North of the levee is a mix of
Industrial, Office and Open Space. The issue is whether to allow
the area to be developed or not. Planning Staff believes use of
an
the 80 foot levee
eensEastaEnd sCente connection
would
Riverfront
allow f a
Park.
Paula Dempsey, agent (perspective owner), indicated that the area
south of the levee was not usable to them. Their use would be a
studio, built like a warehouse. Commissioner Putnam raised the
concern of flooding and whether the site was developable.
Brian Day, Assistant Director of Parks, thanked the Commission
for hearing this item early. Mr. Day reviewed the Department's
"Chain of Parks" and indicated this area was important to that
concept. This site is vital to the ability to connect the Parks;
however, the Department has no money to acquire the site. Mr.
Day raised the question about the Presidential Library, airport
runways and need for open space.
Commissioner Earnest asked about the new building just
constructed to the west. Mr. Day indicated there was no plans to
deal with these structures. However if the Presidential Library
goes near here, most of the existing structures would be removed.
In any case the additional of another obstacle to the completion
of the park is not a good idea.
Chairman Lichty asked the applicant if they agreed to staff
recommendation of using the levee and southern portion as a
connection. Ms. Dempsey indicated they had no plans for that
area.
Discussion followed about Corp of Engineers approval process and
the process to follow: Land Use first or Corp approval first.
Stephen Giles, City Attorney, stated the Land Use issue should be
resolved first.
Mr. Day and Commissioner Earnest agreed there was a need to
develop a strategy for open space. Mr. Day indicated that after
twelve months they would not have money for acquisition. In
2
October 2, 1997
ITEM NO.: A Cont.
response to Commissioner Hawn, Mr. Day stated Parks would step
aside if the issue were pushed. Commissioner Hawn asked about
access through the site. Commissioner Brandon asked that the
unblemished riverfront be kept. We must have a vision for the
future. There is money somewhere to get land. Commissioner
Brandon asked that the Commission not vote for this.
Commissioner Daniel expressed concern about the flooding, and
that this is good money going into a flood prone area.
Commissioner Earnest challenged the City to find a way to get
this property. This is different than the Pankey site. There
are options which should be considered.
Jim Lawson, Director of Planning and Development, responding to
Commissioner Berry indicated the Presidential Library site should
be announced within the next 30 days. However no one knows the
exact location or day. The Clintons have all the information.
Commissioner Berry asked about the City encouraging development
north of the levee. Mr. Giles stated the City does not encourage
the development but the owner has the right to develop.
There was discussion about an easement and the location of that
easement. Commissioner Putnam indicated he did not have enough
information to decide the issue. Commission Adcock indicated the
Board will have to decide. Chairman Lichty asked about, deferral.
There was discussion about deferral and the owner indicated that
this issue would be back no matter what. Commissioner Hawn moved
for deferral. By unanimous vote 10 for 0 against the item was
deferred.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
Walter Malone, Planning Manager, indicated the Commission.
reviewed this six weeks ago. Staff has met with the property
owners and things stand as they did six weeks ago. Staff has no
new presentation for this meeting. Mr. Stuart Mackey,
representing the owner, passed out -a map showing a proposed
development and briefed the Commission on the proposed uses. The
owners agree to the staff proposal as outlined in the staff
report. After meeting with the Parks Department, the owners and
staff believe they can work together on this issue (a 37,500
square foot area shown on the sketch would be available for use -
easement, etc.) At the request of Chairman Lichty, Mr. Mackey
located the site on the land use map, the levee location and the
location of the potential park use area on the site.
Mr. Jeff Hathaway, representing the owner, indicated he was
available to answer any questions. Bryan Day, Assistant Director
of Parks and Recreation, gave a recap of the chain of parks and
how this site fits into that chain. The Parks Master Plan
identifies open space and park land to be acquired, this area is
a priority open space acquisition. Mr. Day identified properties
KI
October 2, 1997
ITEM Na.: A Cont.
currently owned by the City or Corp of Engineers which the City
may use. Mr. Day confirmed that Parks will be able to work with
the owners if they develop the land; however, city ownership of
the property would be another step toward completion of the chain
of parks. The Board of Directors will have to make this
decision. In response to a question, Mr. Day indicated the area
shown by the owner might or- might not meet the need and that it
was not ideal but better than nothing.
Commissioner Earnest, chair of the Plans Committee, stated the
committee believes this to be a unique opportunity to get a
policy decision on the open space issue. If a building is
allowed on this site, we will have to deal with it in the future.
In addition, there are other places the use could go.
Commissioner Daniel expressed concern about what will actually be
built, and agreed there were other places this use could go.
Mr. Day identified city owners and Corp allowed use areas on a
map of the immediate area.
Commissioner Putnam expressed concern about the levee and the
Corp of Engineer regulations on levees and how that will impact
the development and possible recreation use area. In addition
the lack of c-ommitment from the Corp is a concern.
Ruth Bell, League of Women Voters, expressed the need to preserve
green space which is not floodway. The League believes the river
belongs to all the people and this piece provides a connection.
Finally, the location of the Presidential Library may require
purchase of this land. The Board of Directors should be told to
purchase this land.
Jim Lawson, the Director of Planning and Development, suggested
the Commission could recommend purchase of the site (as a high
priority) or could recommend a plan change. There was discussion
about Land Use Plan change versus Parks Plan and process. Mr.
Lawson stated Plans staff recommended approval subject to certain
conditions while Parks prefers the purchase of the site. There
was additional discussion about process and ownership (control)
of the levee.
Commissioner Brandon told the Commission this was an opportunity
to make a strong statement on our future. The river bank is
important and belongs to the people of Arkansas. This is an
important step toward a park for all to enjoy in the future. We
should all remember how Murray Park, Riverfront Park and Maumelle
Park once looked.
Commissioner Daniel asked about deferral of the issue. Chairman
Lichty indicated the Commission did that 6 weeks ago and the
members are ready to act now.
4
October 2, 1997
ITEM NO.: A Cont.
Commissioner Brandon move the approval of the Land Use Plan
change. By a vote of 0 for 11 against the item was denied.
There was discussion about asking the Board to acquire the
property and the Land Use issues. Only the applicant can take
the issue to the Board.
Commissioner Earnest moved that the secretary (Jim Lawson)
express to the Board of Directors the commission's desire for the
City to purchase the property (Adcock seconded). By a vote of
11 for 0 against, the motion was approved. There was discussion
about process, Plan recommendation, and possible Board of
Director actions.
5
October 2, 1997
ITEM NO.: 1 FILE NO.: 7.-4863-A
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Otter Creek Development
Company, LLC
Nolan Rushing
10600 Otter Creek East Blvd.
Rezone from C-3 to I-2
Develop Office/Warehouse for
W. H. Carder, Inc.
1.617± acres
Vacant
SURROUNDING LAND USE AND ZONING
North - Vacant lot, zoned C-3; C-2 zoned Fire Station and
0-2 zoned Hospital located further to the north
South - Multiple Industrial uses; zoned I-2
East - Heavy equipment company and other industrial
uses, zoned I-2
West - Tire Company, heavy equipment company and
vacant lot, zoned I-2
PUBLIC WORKS COMMENTS
1. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
2. Stormwater detention ordinance applies to this property.
3. If more than an acre is proposed to be disturbed a
grading permit will be required prior to construction.
Contact Steve Loop or.Melvin Hall at 371-4811 for
assistance.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route. A bus route does extend down Mabelvale West Road,
just to the north of the site.
LAND USE ELEMENT
The site is in the Otter Creek District. The Plan
recommends Mixed Commercial Industrial. The request is for
Industrial. On today's agenda, as part of the Chicot West
Plan, there is an amendment for this location. The change
October 2, 1997
ITEM NO.: 1(Cont. FILE NO.: Z -4863-A
is to Light Industrial. With this change the request, is in
conformance with the Plan.
STAFF ANALYSIS
The request before the Commission is to rezone this vacant,
1.6± acre tract from C-3 General Commercial to I-2 Light
Industrial. Once rezoned, the W. H. Carder Company proposes
to develop an office/warehouse on the property.
The property is located in the Otter Creek Industrial Park
and will be platted as Lot 9, area 102 of that industrial
subdivision. This property and the vacant 1± acre tract
directly to the north were zoned I-2 until 1987 when they
were rezoned to C-3 for retail development. That
development never materialized and the property owner would
now like this site rezoned back to I-2.
Staff believes the I-2 zoning request to be appropriate for
this site. The property is located within an industrial
subdivision and all developed properties adjacent to the
tract contain various types of industrial uses. A large
truck and'auto tire company is adjacent to the west and a
heavy equipment company is beyond that. A tractor and heavy
equipment sales and service company is located across the
street to the east. Multiple industrial uses are located to
the south. All of these properties are zoned I-2. The
zoning and use proposed by the applicant is compatible with
development in the area.
The Otter Creek District Land Use Plan currently recommends
Mixed Commercial Industrial for the site. This designation
is reflective of the C-3 zoning which look place in 1987.
Item 9 on today's agenda, the Chicot West I-30 south
'neighborhood rezoning proposals, includes an amendment for
this location. The proposed amendment will change the Land
Use Plan designation for this site to Light Industrial. The
I-2 rezoning request conforms to the Light Industrial Plan
designation.
STAFF RECOMMENDATION
Staff recommends approval of the requested I-2 zoning.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
The applicant,was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The item was placed on the Consent Agenda and approved by a
vote of 10 ayes, 0 noes and 1 absent.
K
October 2, 1997
ITEM NO.: 2 FILE NO.: 7-6384-A
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing use:
Tommy Hilburn
British Cars of Little Rock
7316 Kentucky Avenue
Rezone from C-3 to C-4
Provide employee parking and
overflow inventory space for
adjacent auto sales company.
.16± acres
Vacant, overgrown lot
SURROUNDING LAND USE AND'ZONING
North - Backyard Burgers drive through restaurant;
zoned C-3
South - Multifamily residential; zoned R-5
East - Auto sales lot; zoned C-4
West - Doctor's office and shopping center; zoned C-3
PUBLIC WORKS COMMENTS
1. Dedication of right-of-way to 30 feet from centerline of
Kentucky is required.
2. For construction of parking lot construct half street
improvements to commercial standards including
sidewalks.
3. Submit two copies of site grading and drainage plans,
and street plans to Bruce Kemmet, 701 W. Markham, prior
to construction.
4. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
LAND USE ELEMENT
The site is in the West Little Rock District. The Plan
recommends Commercial use. The request is for Commercial
use. The only Plan amendment in the area occurred in late
1996. This amendment reduced the intensity of the Land Use
Plan to the south of this site. The closest change was one
block away -- Illinois and Georgia. This change was from
Commercial to Multifamily use for an existing apartment
complex. Due to the existing multifamily across the street,
no access should be permitted to Kentucky. The request
appears to be in conformance with the Plan. Staff believes
October 2, 1997
ITEM NO.: 2 Cont. FILE NO.: Z -630A -A
the request is reasonable as long as steps are included to
protect the existing residential use.
PUBLIC TRANSPORTATION ELEMENT
The site is not located
Route. A bus route does
block to the north.
STAFF ANALYSIS
on a Central Arkansas Transit Bus
extend down Cantrell Road, 1/2
The request before the Commission is to rezone this vacant,
.16± acre lot from C-3 to C-4. Once rezoned, the lot will
be developed as parking for the adjacent automobile sales
business. The applicant states that the lot will be
screened and access will be taken through the auto sales
lot.
Staff believes the C-4 rezoning request to be reasonable for
this property. This small undeveloped lot is literally
"sandwiched" between the back of the auto sales company's
building, the back of the restaurant and"the back of the
doctor's office. Due to the slope up from the street, it
would be impractical to develop the lot with a use which
would require access from Kentucky Avenue. If it is to be
developed at all, it is best to combine it with one of the
abutting uses, as is proposed.
The property is located in the heavily commercial Cantrell
Road corridor. The properties to the north, east and west
are developed with a variety of commercial uses. British
Cars of Little Rock occupies the C-4 zoned property to the
west. Multifamily residential uses are located on the R-5
zoned properties across Kentucky Street to the south. If
staff has any reservations at all about the proposed C-4
zoning, it is the potential impact on these R-5 zoned
properties. If the lot is screened and access is taken
through the existing car lot, any impact should be negated.
In response to staff's concern, the applicant has offered
the following condition to be attached to the rezoning of
the subject property:
There is to be no access from the property onto
Kentucky Avenue.
The West Little Rock District Land Use Plan recommends
commercial for this site. The C-4 zoning request conforms
to the adopted Plan and is compatible with development in
the area. The condition offered by the applicant mitigates
any impact on the multifamily properties to the south.
2
October 2, 1997
ITEM NO.- 2 Cant. FILE NO.: Z-53$fn) -A
STAFF RECOMMENDATION
Staff recommends approval of the requested C-4 zoning
subject to the following condition offered by the applicant:
There is to be no access from this property onto Kentucky
Avenue.
PLANNING COIKMISSION ACTION: (OCTOBER 2, 1997)
The applicant was present• There were no objectors present.
Staff presented the item and the condition offered by the
applicant. Staff recommended approval of the rezoning
request, with the condition as offered.
The item was placed on the Consent Agenda and approved
subject to there being no access from this property onto
Kentucky Avenue. The vote was 10 ayes, 0 noes and 1 absent.
3
October 2, 1997
ITEM NO.: 3 FILE NO.: Z-6386
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
C. Arthur and Caroline
W. Biggs
Caroline W. Biggs
6106 Fourche Dam Pike
Rezone from R-2 to C-3
Construct neighborhood grocery
store with restaurant
1.16± acres
Vacant lot
SURROUNDING LAND USE ANIS ZONING
North - Single family; zoned R-2
South - Single family; zoned R-2
East - Levee and Fourche Creek Floodway; zoned R-2
West - Single family; zoned R-2
PUBLIC WORKS COMMENTS
1. Fourche Dam Pike Road is listed on the MSP as a
collector, dedication of right-of-way to 30 feet from
centerline of street is required.
2. With development construct half street improvements,
including sidewalks, to Fourche Dam Pike Road. Provide
street plans per MSP and site grading and drainage plans
to Bruce Kemmet, 701 West Markham, prior to
construction.
3. A grading and development permit for special flood
hazard area are required prior to construction. Contact
Steve Loop or Melvin Hall at 371-4811 for assistance.
4. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
5. Fourche Dam Pike Road has a 1995 average daily traffic
count of 2,500.
LAND USE ELEMENT
A request to rezone a tract of land at 6106 Fourche Dam Pike
from 'R-2' to 'C-3' was filed. Upon review of the Land Use
Plan, staff determined that the request was in conflict with
the Plan and was a major change in use. As a result a Land
Use Plan amendment has been developed for the Planning
Commission's consideration.
October 2, 1997
ITEM NN ,. 3 Cont. FILE NO.: Z-53$6
The request is in the Port District. The Plan recommends
Single Family use. The request is for Commercial use.
There have been no changes to the Plan in this area, since
the current Plan was adopted. The area in question is north
of Roosevelt Road, along Fourche Dam Pike and east of
Fourche Creek. This is an older single family area.
Development is a classic rural single family area. That is,
homes along a country road. The Plan recognizes the
existing development pattern and recommends maintaining -it.
To the west is a large industrial area. The uses
front the
runway for the Little Rock airport. Along
most the
industrial use is an open space strip (on the Plan and
zoned) to draw a line stopping the nonresidential use. To
the south is a commercial area at Roosevelt and Fourche Dam
Pike. This was historically an important intersection of
two major roads. Currently, the City classifies both roads
as collectors. The commercial services the local
neighborhood as well as the passing traffic. NOTE: After
the tornado only one commercial use remains. Most of the
nonlocal traffic travels Roosevelt. This portion of Fourche
Dam Pike is not likely to function as a major transportation
route. Fourche Dam Pike is a loop road at this location
servicing the immediate area. The uses serviced by Fourche
Dam Pike are single family and a church. This is not a
commercial or industrial area. In fact, it 'feels' like a
neighborhood street from Cooper to Roosevelt.
To change the Plan at this location to Commercial would
introduce a major change and would not be compatible with
the existing development pattern. The City has indicated
with the open space strips (plan and zone)that the
nonresidential use should remain to the west. The area is a
viable residential area; however, an introduction of
nonresidential use will likely result in the lot by lot
demise of the -area.
PIIBLIC TRANSPORTATION ELEMENT
The site is not located on a
Route. A special rush hour
Roosevelt Road, to the sout
STAFF ANALYSIS
hCentral Arkansas Transit Bus
rate does extend down East
of this site.
The request before the Commission is to rezone this 1.15 --
acre tract from R-2 Single Family to C-3 General. Commercial.
The Port District Land Use Plan recommends Single Family for
this site. Staff has determined that the rezoning request
requires a "major" amendment to the Land use Plan. As per
planning Commission Policy, a proposed plan amendment is
2
October 2, 1997
ITEM NO.• 3 Coni. FILE NO.: Z-6385
presented as a separate item on this agenda (item no. 3-A).
The rezoning request should be deferred until such time as a
final determination is made on the Plan Amendment.
STAFF RECOMMENDATION
Staff recommends deferral of this rezoning request until the
November 13, 1997 commission meeting.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
The applicant was present'. There were no objectors present.
Staff recommended that the item be deferred to the November
13, 1997 Commission meeting to, allow for review of a
possible land use plan amendment (Item No. 3-A on this
agenda). The item was placed on the Consent Agenda and
deferred by a vote of 10 ayes. 0 noes and 1 absent.
3
October 2, 1997
ITEM NO.: 3A
Name: Land Use Plan Amendment -
Port District
Location: East of Fourche Dam Pike, north of
Roosevelt Road
Request: Single Family to Commercial
Source: Property Owner (6106.Fourche
Dam Pike)
STAFF REPORT:
A request to rezone a tract of land at 6106 Fourche Dam Pike
from "R-2" to "C-3" was filed. Upon review of the Land use Plan,
Staff determined that the request was in conflict with the Plan
and was a major change in use. As a result a Land Use Plan
amendment has been developed for the Planning Commission's
consideration.
The request is in the Port District. The Plan recommends Single
Family use. The request is for Commercial use. There have been
no changes to the Plan in this area, since the current Plan was
adopted. The area in question is north of Roosevelt Road, along
Fourche Dam Pike and east of Fourche Creek. This is an older
single family area. Development is a classic rural single family
area. That is, homes along a country road. The Plan recognizes
the existing development pattern and recommends maintaining it.
To the west is a large industrial area. The uses front the
runway for the Little Rock airport. Along most of the industrial
use is an open spaCe strip (on the Plan and zoned) to draw a line
stopping the nonresidential use. To the south is a commercial
area at Roosevelt and Fourche Dam Pike. This was historically an
important intersection of two major roads. Currently the City
classifies both roads as collectors. The commercial services the
local neighborhood as well as the passing traffic. Note after
the tornado only one commercial use remains. Most of the
nonfocal traffic travels Roosevelt. This portion of Fourche Dam
Pike is not likely to function as a major transportation route.
Fourche Dam Pike is a loop road at this location servicing the
immediate area. The uses serviced by Fourche Dam Pike are single
family and a church. This is not a commercial or industrial
area. In fact, it "feels" like a neighborhood street from Cooper
to Roosevelt.
To change the Plan at this location to commercial would introduce
a major change and would not be compatible with the existing
development pattern. The City has indicated with the open space
strips (plan and zone) that the nonresidential use should remain
to the west. The area is a viable residential area; however, an
October 2, 1997
ITEM NQ.: 3A Cont.
introduction of nonresidential use will likely result in the lot
by lot demise of the area.
STAFF RECOMMENDATION: Denial
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
Walter Malone, Planning Manager, reviewed the request and area.
Staff believes this is a residential area and should remain
residential.
Mr. Sonny Biggs, property owner, indicated they just wish to
build a building. Mr. Biggs was born and raised in this area,
which was once a quiet neighborhood. The airport expansion -new
runway then the addition of the UPS facility and finally the
March 1 tornado changed the area. This request is to help the
area and residents not for personal gain. The zoning is not
important just the ability to use the property.
Mr. Biggs distributed a petition of support signed by people in
the area (Mr. Biggs read the petition). In addition, letters of
support from area businesses can be delivered if needed. The
area is no longer good for residential use although homes are
still there. There is a great need for a grocery store. In
response to a question, Mr. Biggs indicated he would build a
grocery and restaurant. Long term the area will be industrial.
Mr. Biggs indicated he would do what was necessary and work with
the City and residents on this development.
In response to a question from Commissioner Rahman, Mr. Biggs
confirmed the area in question is not now commercial. The Biggs
have had a restaurant in the area for 11 years. There are no
buildings in the -area for this use and there is a need for a
small grocery and place to eat. Commissioner Hawn asked about
the area'and number of signatures covered by the petition. All
the residential area is included with 70 names. Chairman Lichty
asked about the presence of a neighborhood association and
influence of the residents petition. Mr. Lawson indicated there
was no association, that this would be spot zoning and the people
who signed the petition may have just because they know the
Biggs. Commissioner Putnam asked about some boarded homes and
Mr. Biggs responded.
Mr. Biggs indicated the area was no longer a community. However,
he understood the concerns and wished there was a way the zoning
could change to single family if they closed the business.
Commissioner Hawn stated the area was not a bad place, though he
understood the need for a grocery. He was opposed to a plan
change. Mrs. Caroline Biggs stressed the compatibility with the
airport and all the businesses the restaurant had served.
2
October 2, 1997
ITEM NO.• 3A Cont.
Commissioner Hawn moved and Commissioner Rahman seconded a motion
to approve the plan change (Single Family to Commercial) as
requested. By a vote of 3 for (Daniel, Adcock, and Putnam)
8 against the changes was denied.
3
October 2, 1997
ITEM NO . 4 FILE NO.: 07.-6366
NAME. Moore Day Care Family Home -
Special Use Permit
LOCATION• 2723 S. Gaines Street
OWNER/APPLICANT: Mr. and Mrs. Willie Gore/
Laverne Moore
PROPOSAL: A special use permit is requested
to allow the occupant of 2723 S.
Gaines Street to operate a day care
family home. The property is zoned
R-4.
STAFF ANALYSIS:
The occupant of 2723 S. Gaines Street is requesting a Special Use
Permit to allow her to continue operation of a day care family
home at that address. She is currently licensed by the Arkansas
Department of Human Services for 10 children (license no. 03645-
03). The hours of operation are 6:00 a.m. to 5:30 p.m., Monday
through Friday. The business has been in operation for 8 years
and the applicant was recently notified that a Special Use Permit
is required.
The general purpose of Section 36-54 states: "Special use
permits provide a method of control over certain types of land
uses which, while not requiring the full review process of the
conditional use permits, do require some review procedure which
allows for determination of their appropriateness within the
neighborhood for which they are proposed and for public comment."
These uses include bed and breakfast hotels, family care
facilities and day care family homes.
The site and location criteria established by the Zoning
Ordinance for day care family homes are as follow:
a. This use may be located only in a single-family home,
occupied by the care giver.
b. Must be operated within licensing procedures established by
the State of Arkansas.
C. The use is limited to ten (10) children including the care
givers.
d. The minimum to qualify for special use permit is six (6)
children from households other than the care givers.
October 2, 1997
ITEM NO.: 4 cont. FILE NO.: 2-6366
e. This use must obtain a special use permit in all districts
where day care centers are not allowed by right.
2723 S. Gaines Street is located within a south Little Rock
residential neighborhood. The surrounding neighborhood is
primarily zoned R-4 and R-3 with the predominant land use being
single family and two-family residences. A small C-3 zoned
commercial node is located adjacent to the east, at the
intersection of Arch and 28th Streets. A sign company and shoe
shop are located directly to the east of the subject property.
The site contains a one-story frame residential structure which
is typical of homes in the neighborhood. The rear yard is
enclosed by a chain link fence■ providing adequate play area.
The site contains a two car garage with no additional on site
parking or drop-off space. There is adequate on -street parking
available on bath Gaines and west 28th Streets.
The primary use of the property will remain single family
residential. No signage will be permitted beyond that allowed in
single family zones. The day-care family home has been in
operation for 8 years with no apparent impact on the
neighborhood.
Due to the possibility of changes in city policy regarding day
care family homes, staff believes it is appropriate to require
staff review after one year. If there has been a change in city
policy regarding this use, the item will be brought back to the
Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the special use permit to allow a
day care family home subject to compliance with the following
conditions:
1. Compliance with the site and location criteria of
Section 36-54.
2. There is to be staff review of this item after one year. If
there has been a change in city policy regarding day-care
family homes, the item will be brought back to the Planning
Commission for further review.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval,
subject to compliance with the conditions noted in the staff
2
October 2, 1997
ITEM NO 4 cont. FILE NO.: 7.-r,366
recommendation above'. The item was
and approved subject to compliance
the staff recommendation by a vote
1 absent.
3
placed on the Consent Agenda
with the conditions noted in
of 10 ayes, 0 noes and
October 2, 1997
ITEM NO.: 5 FILE NO.: Z-6383
NAME: Noll Day Care Family Home -
Special Use Permit
.LOCATION: 8915 Fairhaven Road
OWNERIAPPLICANT: Ralph and Barbara Noll
PROPOSAL: A special use permit is -requested
to allow the occupant of 8915
Fairhaven Road to operate a day
care family home. The property is
zoned R-2.
STAFF ANALYSIS:
The occupant of 8915 Fairhaven Road is requesting a Special Use
Permit to allow her to continue operation of a day care family
home at that address. She is currently licensed by the Arkansas
Department of Human Services for 10 children. The hours of
operation are 7:00 a.m. to 5:30 p.m., Monday through Friday. The
business has been in operation for 5 years and the applicant was
recently notified that a Special Use Permit is required.
The general purpose of Section 36-54 states: "Special use
permits provide a method of control over certain types of land
uses which, while not requiring the full review process of the
conditional use permits, do require some review procedure which
allows for determination of their appropriateness within the
neighborhood for which they are proposed and for public comment."
These uses include bed and breakfast hotels, family care
facilities and day care family homes.
The site and location criteria established by the Zoning
Ordinance for day care family homes are as follow:
a. This use may be located only in a single-family home,
occupied by the care giver.
b. Must be operated within licensing procedures established by
the State of Arkansas.
C. The use is limited to ten (10) children including the care
givers.
d. The minimum to qualify for special use permit is six (6)
children from households other than the care givers.
e. This use must obtain a special use permit in all districts
where day care centers are not allowed by right.
October 2, 1997
ITEM NO.: 5 cont. FILE NO.: Z-6383
8915 Fairhaven is located in the Pennbrook Subdivision, a small,
single family residential neighborhood located between Markham
Street and I-630, west of John Barrow Road. All surrounding
properties are zoned R-2 and are occupied by single family homes.
An R-4 zoned area of two family residences is located one block
to the west and a C-3 zoned shopping center is located one block
to the north. The site contains a two-story, brick and frame
residential structure which is typical of homes in the
neighborhood.
The rear yard is enclosed by a chain-link and wood fence,
providing adequate play area. The home's garage has been
converted into a play room. The site contains a double -wide
driveway with spaces for four vehicles. There is additional
space available on the street for parking.
The primary use of the property will remain single family
residential. No signage will be permitted beyond that allowed in
single family zones. The day-care family home has been in
operation for 5 years with no apparent impact on the
neighborhood.
Due to the possibility of changes in city policy regarding day
care family homes, staff believes it is appropriate to require
staff review after one year. If there has been a change in city
policy regarding this use, the item will be brought back to the
Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the special use permit to allow a
day care family home subject to compliance with the following
conditions:
1: Compliance with the site and location criteria of
Section 36-54.
2. There is to be staff review of this item after one year. If
there has been a change in city policy regarding day-care
family homes, the item will be brought back to the Planning
Commission for further review.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
The applicant was present. There were no objectors present.
Three (3) letters of opposition from neighborhood residents were
received. One (1) letter of support from the neighborhood
association was received. All letters had been forwarded to the
commissioners. Staff presented the item and a recommendation of
approval, subject to compliance with the conditions noted in the
staff recommendations.
2
October 2, 1997
ITEM NO.- 5 cont. FILE NO.: 2-5383
Barbara Noll addressed the Commission in support -of her
application. She stated that she had been operating a day-care
family home for 5 years. Ms. Noll acknowledged the letters of
opposition and stated that she felt they were related to a
"neighborhood squabble" and not directly related to her childcare
business. Ms. Noll stated that she had never had a complaint
from any neighbors in the 5 years the business had been in
operation.
A motion was made to approve the application subject to
compliance with the conditions noted in the staff recommendation.
The motion was approved by a vote of it ayes, 0 noes and
0 absent.
3
October 2, 1997
ITEM NO.: 6
NAME. Land Use Plan Amendment - Text and
Definition Change
LOCATION: various
REOUEST: Modification of the Mixed Land Use
Categories
SOURCE: Staff
STAFF REPORT:
Upon further review of the mixed use categories, Staff believes
clarification is needed. It was the intent of the mixed use
categories to allow straight zoning to occur for areas with these
classifications. However, this is not necessarily clear from the
definition. Staff believes the intent of the last amendment was
to prevent development which was totally the more intense use.
Almost two hundred notices were distributed for comment in July.
Three comments were returned: two supportive of the change, one
opposed to combining MOI and MOW. This information was presented
to the Plans Committee in early August: Those responding in July
as well as those on the "ordinance contact" list have been
notified of this meeting.
Two changes are proposed. One adds language to the Mixed Office
and Commercial and Mixed Commercial and Industrial categories.
The second combines the Mixed Office Industrial and Mixed Office
Warehouse categories into the Service Trades District. In the
Mixed Commercial and Industrial category the following sentence
would be added: "Acceptable uses are commercial or mixed
commercial and industrial." A similar sentence is added to the
Mixed Office and Commercial category -- "Acceptable uses are
office or mixed office and commercial."
The definitions for MOW and MOI are the same except for switching
the words warehouse and industrial. There are only 2 areas of
MOI (Baseline between I-30 and 1-430; and Stanton Road south of
I-30) and a half dozen MOW locations (several in the western
section of downtown or west of Downtown; the Bowman-Kanis area).
The new definition for these areas would be:
Services Trades District - This category provides for a
mixture of office, warehousing and industrial park
activities that primarily serve other office service or
industrial businesses. The district is intended to
allow support services to these businesses and to
provide for uses with an office component. A Planned
October 2, 1997
ITEM NO.: 6 cont.
Zoning District is required for any development not
wholly office.
STAFF RECOMMENDATION:
Approval
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
The item was placed on the Consent Agenda for deferral. The
issue was deferred to November 13 by unanimous vote (11 for
0 against).
2
October 2, 1997
ITEM NO.: 7
NAME:
LOCATION•
REQU :
SOURCE:
STAFF REPORT:
City Land Use Plan Amendment
West Little Rock Planning District
An area north of Cantrell Road, and
west of Manney Road (2224 Manney
Road)
To change an area from Single Family
to Office
James E. Lusk
At the request of a property owner, a plan amendment review was
initiated. The property owner requested a Single Family area be
changed to Office. Planning Staff reviewed the existing land use
and zoning patterns in the area, as well as the land use plan.
North multi family (R-5); apartment complex
South commercial (C-3); "Jiffy Alterations" Lady I's"
"The Hop" "Sign Express" "Terri Lynn's"
office (C-3); "Nationwide Insurance"
East single family -(R-2); residence with side orientation to site
The most recent land use amendment within the area of the proposed
land use change was a change from Single Family to Office. This
occurred in March of 1997. The location of this land use change
was on the south side of Cantrell Road at 8315 Cantrell Road. ' This
property is located between Pavilion in the Park and Reservoir
Park.
Staff believes that an office use between the apartment complex and
the commercial strip along Cantrell would be compatible with the
general area. Because of the single family use across the street
and a change in topography of the site, Suburban Office would be a
appropriate use. A Suburban Office designation would protect the
existing single family residences from potential negative impacts.
STAFF RECOMMENDATION:
Staff recommends a land use change to Suburban Office.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
The item was placed on the Consent Agenda for approval as amended.
The issue was approved by unanimous vote (11 for 0 against).
October 2, 1997
ITEM
NAME: Chicot West, I-30 South
Neighborhood Action Plan
LOCATION'Chicot Rd. west to the County
Line, I-30 South to the County
Line
REQUEST: Resolution for support for
Action Plan
SOURCE: Chicot West, I-30 South
Neighborhood Action Plan
Committee
STAFF REPORT:
In late November 1996, the West.Baseline Neighborhood Association
requested City assistance in developing a long range plan for
their neighborhood. Upon review of the neighborhood, city staff
proposed expansion of the study area boundaries to include a much
larger area. Representatives from six additional Neighborhood
Associations - Quail Run, Meyer Lane, Shiloh, Legion Hut,
Pinedale and Rolling Pines - were invited to participate in the
process of developing a plan as was a representative from
Southwest United for Progress -and a local realtor, however, all
invitees did not choose to participate.
Bi -monthly meetings of the planning committee commenced in early
January, 1997 with informational meetings designed to help
planning committee members better understand city policies,
planning issues, and projects proposed for the area by both City
departments and other agencies. These "kick-off" meetings also
provided for an exchange of ideas between City staff, other
agency staff, and planning committee members and helped City
staff better understand area concerns. To gain greater
community input on issues, two Town Hall meetings were held in
March which allowed area residents and "stakeholders" to voice
their concerns without having to participate on a time-consuming
committee. Flyers advertising the Town Hail Meetings were
delivered door-to-door for the entire area and posted at
commercial establishments.
Development of goals, objectives, and action statements began in
late April, 1997 and are contained within this plan. This
process included a review of the current land use and zoning
designations. With the completion of the plan an open House for
final community review of the plan was held on September 22, 1997
at the West Baseline Alert Center.
A copy of the action plan is attached for review by the
commission. Three items are being brought before the Planning
October 2, 1997
ITEM NO.: 8(cont.)
Commission for approval and advancement to the City Board of
Directors. Each item is addressed separately on the agenda. The
Policy Plan will be reviewed as this item, followed by the land
use amendments and then rezoning requests.
The Environmental Analysis portion of the report describes the
existing conditions of the area and other background information.
The Policy Plan portion contains the goals, objectives and action
statements formulated by the steering committee.
The Plan is a Policy or Action Plan which the committee developed
based on their personal knowledge, information provided by
"experts", and the results of the Town Hall Meetings. The
committee agreed on 7 general goals focusing on Infrastructure,
Traffic and Transportation, Housing and Neighborhood
Revitalization, Public Safety, Recreation, Economic Development,
and Community Image. During bi-monthly meetings during the
spring and summer of 1997, the committee developed and expanded
these goals into objectives and action statements designed to
address the neighborhood's needs.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution of support.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
The background and timeframe of the neighborhood plan was briefly
explained by Pat Herman, Planner II. The Steering Committee for
the plan was represented by two members, Janet Berry and Norm
Floyd. Mr. Floyd addressed the Planning Commission asking for
their support of the neighborhood's work in developing the long
range plan. Chairman Lichty questioned if the action statement
eAcouraging housing for under $50,000 was in conflict with the
action statement which discourages mobile home parks. Mr. Floyd
stated that the community is not against mobile homes as long s
they are owner occupied. with no further discussion, the
Planning Commission voted for approval of the resolution of
support for the neighborhood plan. (9 ayes, 0 noes, 1 absent and
1 abstention)
2
October 2, 1997
ITEM NO.: 9
NAME: Land Use Plan Amendment -
Otter Creek and Geyer Springs
West Districts
LOCATION• Throughout both Planning
Districts
RE UEST• Amendments to the nand Use
Plan
SOURCE• Chicot West, I-30 South
Neighborhood Action Plan
STAFF REPORT:
As part of the Chicot West, I-30 South Neighborhood Study a
review of the area's Land Use Plan was undertaken. Property
owners were researched at the County Assessor's Office. Letters
explaining the existing land use and requested amendment were
sent to each owner in August of 1997 asking for a response
within a months time if the owner was not in agreement with the
change. Staff, therefore believes that there is agreement to
amend the following properties as described:
1. The triangular area northeast of Alexander, south of the
railroad tracks, changed from Mobile Home to Single Family.
The property is zoned R -7A Mobile Home. There was a request
made to rezone the property to R-2 which the property owner
declined. The property owner is against the Land Use Change.
Staff recommends denial.
2. Northeast of Alexander, between the railroad tracks and the
Park Open Space, the Single Family and Mobile Home changed to
Mixed Commercial Industrial. The property is zoned R-2 Single
Family. Staff received verbal communication from the
property owner against the change. Staff recommends denial.
3. Northwest of the Vimy Ridge / Alexander Rd. intersection, the
Light Industrial adjacent to Alexander Rd. changed to Single
Family. The existing single family homes are zoned R-2, the
remaining property is I-2. Staff received one verbal
response in favor of the change and one letter was returned.
No opposition was given to the request to rezone the frontage
on Alexander Rd. from I-2 to R-2. Staff recommends approval.
4. The Mixed Office Commercial south of Alexander Rd. along Vimy
Ridge Rd. changed to Single Family. On the western side of
Vimy Ridge Road Staff received verbal and written response
from an existing non -conforming use, Wilbert Burial Vault,
requesting that no change be made to the Land Use Plan. A
October 2, 1997
ITEM No.: 9 cont.
verbal response against the change to the eastern side was
also received. One letter was returned. The area is zoned
R-2. This is the intersection of two arterials. Staff
recommends denial.
5. The °L" shaped Low Density Residential south of Alexander
Rd. and west of Vimy Ridge Rd. changed to Single Family.
The
area is zoned R-2 and there is no development on the
property. The owner of the eastern portion of the property
gave verbal notification to Staff against the change to the
Plan. Staff recommends the LDR directly south of the MOC on
the Plan remain, the portion of LDR to the west be changed to
Single Family.
6. The Low Density Residential along the east side of VimyRidge
Rd, south of Alexander Rd., changed to Single Family.
here
are existing Single Family homes along the eastern side of
Vimy Ridge Road. The area is zoned R-2. Staff recommends
approval.
7. The Low Density Residential at the northwest corner of
Pleasant Hill/Vimy Ridge Rd. changed to Single Family. The
area is zoned R-2 and there is no development on the
Staff againsty. The
the change toothetPlanVe Staffverbal
recommends'notification to
Staff g
denial.
8. The Low Density Residential at the southwest corner of There
Pleasant Hill/Vimy Ridge Rd.. changed to Single Family.
was a request made to rezone the property from MF -6 to R-2
which the property owner declined. The property owner is
against the Land Use Change. Staff recommends denial.
9. The Low Density Residential at the northwest corner of County
Line/Vimy Ridge Rd. changed to Single Family. The area is
zoned R-2. Staff received verbal response from two of the
three property owners against the change. Staff recommends
denial.
10. The Low Density Residential near the northeast corner of
County Line/Vimy Ridge Rd. changed to Single Family. The
area is zoned MF -6. There was a request to rezone to R-2 and
the property owner had no comment about the rezoning or land
use change. Staff recommends approval.
11. The Low Density Residential at the southwest corner of
Hall/Alexander Rd. changed to Single Family. The property
is zoned R-2. There is a non -conforming Mobile Home Park and
a commercial business on the property. The property owner
gave verbal 'notification against the change to the,Land Use
Plan. Staff recommends denial.
2
October 2, 1997
ITEM NO.: 9 cont.
12. South of I-30, north of Alexander Rd., the Industrial changed
to Light Industrial. The area is zoned R-2 and I-2. Staff
received one written response against the change from-
Jacuzzi.
romJacuzzi. There were several phone calls from other
businesses for further clarification but none indicated they
were against the change. Staff recommends approval of the
change except for that property owned by Jacuzzi.
13. South of Mabelvale West, west of Mabelvale Jr. High School
changed from Mixed Commercial Industrial to Commercial. The
area is zoned C-3 and I-2. The existing uses are commercial.
Staff recommends approval.
14. The Commercial Shopping west of Southwest Hospital on
Mabelvale West changed to Commercial. The area is zoned C-3
and C-2. The existing uses are commercial and single family.
Staff received verbal agreement from one property owner.
Staff recommends approval.
15. West of Meadow Lane, north of Southwest Hospital, the Light
Industrial changed to Commercial. There is C-3 and R-2
zoning in the area. Staff recommends approval.
16. The Suburban Office and Light Industrial east and south of
Meadow Lane changed to Office. The existing -zoning is R-2
and 0-3. Staff was contacted by 5 property owners indicating
support for the land use change. Staff recommends approval.
17. North of Sibley Hole Rd. to I-30, West of Mabelvale Pike
changed from Low Density Residential and Mixed Commercial
Industrial to Light Industrial, with a 100 foot landscaped
open space along Sibley Hole Rd. There are a few scattered
single family homes, commercial business and industrial
businesses in the area. The zoning is R-2, C-4, and I-2.
Staff recommends approval.
18. East of Mabelvale Pike, the Low Density Residential changed
to Single Family. The area is developed with single family
homes and is zoned R-2. Staff received one verbal response
in favor of the change. Staff recommends approval.
18.5 Southwest corner or Sibley Hole/Nash Lane change Single
Family to Public Institutional. The zoning is R-2 CUP. The
change would recognize an existing church. Staff recommends
approval.
19. On both sides of Nash Lane, the Low Density Residential
changed to Single Family. The area is developed with single
family homes and is zoned R-2. Staff received one verbal
response in'favor of the change. Staff recommends approval.
3
October 2, 1997
ITEM No.: 9 Cont.
20. North of the railroad tracks and Mabelvale West in the
Mabelvale Community, the Commercial, office, Multifamily and
Mixed Office Commercial changed to Maxed. The zoning and the
uses through out the area are a variety of residential and
commercial. Staff recommends the existing commercial and
office shown on the existing plan north of Mabelvale West not
be included in the amendment.
20.5 Northwest corner of Mabelvale West/Nash Lane changed from
Office to Public Institutional. The property is zoned 0-3.
The amendment would recognize an existing church. Staff
recommends approval.
21. A large expanse south of Mabelvale West, west of Sardis Rd.
changed from Light Industrial and Mixed Office Commercial to
Mixed Commercial Industrial. The area is zoned for R-2, C-3,
0-3, I-1, and I-2. Staff received verbal responses from 3
property owners in the area in favor of the land use change.
Staff recommends approval.
22. North of Alexander Rd. between Meyer Ln, and Sardis Rd.
changed from Light Industrial and Neighborhood Commercial to
Community Shopping. The 40 acre area in the western part is
zoned I-1,- 0-3, and C-2 and has been submitted for rezoning
to C-3 and is in favor of the change. The remaining property
is zoned I-1 and I-2. Two property owners responded
verbally, one for and one against the change. Staff
recommends approval.
23. Removed.
24. The Multifamily on Castle valley changed to Single Family.
The area is zoned MF -12. Staff received written response
from the owner, Lakeview Country Club, against the change to
the Land Use Plan. Staff recommends denial.
25. The Commercial at the southwest corner of Bunch Rd. and
Chicot Rd. changed to Single Family. The property is zoned
C-2. Staff received written response from the owner,
Lakeview Country Club, against the change to the Land Use
Plan. Staff recommends denial.
26. The Multifamily at the northwest corner of Bunch Rd. and
Chicot Rd. changed to Single Family. The area is developed
as single family homes and is zoned R-2. Staff recommends
approval.
27. The Commercial and Multifamily at the northwest corner of
Hillsboro Rd. and Chicot Rd. changed to Single Family.
Single Family homes zoned R-2 exist in the portion designated
Multifamily: There is a commercial business and a lot with
C-3 zoning in the area shown for Commercial. Staff
recommends the commercial be maintained on the Land Use Plan.
4
October 2, 1997
ITEM NO.: 9 . cont.)
28. North of Claybrook Rd. between Chicot Rd. and Legion Hut Rd.,
changed from Low Density Residential to Single Family. There
are 2 existing Mobile Home Parks which are zoned R-7. Staff
received written comments against the change. Staff
recommends denial of the change.
29. Mabelvale Cut Off Rd., from Chicot Rd. to Heinke Rd. ,changed
from Single Family to Mixed. The road has single family
homes and other non -conditional uses along it. Mabelvale Cut
Off is designated as an arterial on the Master Street Plan
and is to be widened to a minimum of 4 -lanes. The widening
of the street will place many homes in close proximity to the
roadway. Staff recommends the plan amendment be limited from
Chicot Road to Whispering Pine and Woodbridge to Shiloh. The
remaining structures do not front on Mabelvale Cut Off.
30. South of Rebecca Dr., the Multifamily changed to Single
Family and Commercial. The area used to be a Mobile Home Park
but has been abandoned. The property is zoned R-7 and a
zoning change to R-2 was requested and not opposed. Staff
recommends approval.
31. North of Nolen, between Carling and Chicot Rd:, changed from
Multi -family and Office to Single Family. The area contains
a commercial business and 3 boarded up multi- family
structures. The zoning is R-2. Two property owners
verbally contacted Staff to oppose the change. Staff
recommends denial.
32. South of Preston on Chicot Rd., changed from Office to Single
Family. Zoned R-2 the area has single family homes and quiet
office use. Staff recommends a plan amendment to Suburban
Office.
33. North of Baseline Rd to I-30, west of Chicot Rd., changed
from Industrial to Light Industrial. The zoning is a mixture
of I-2, C-3, C-4, and R-2 and has a variety of industrial and
commercial uses. The location and its proximity to
residential units does not lend itself to heavy industrial
uses. Staff recommends approval.
34. South of Mann Rd., changed from Industrial to Multifamily.
Zoned I-2 and R-2 the area has commercial and industrial
structures, some of which are not in use. A rezoning to MF -6
was requested on the I-2 areas and was denied. The majority
of the property owners responded, verbally or in writing,
against the request. Staff recommends denial.
35. From Mann Rd. north to Baseline Rd. between Mabelvale Pike
and Merrivale Subdivision, changed from Commercial,
Industrial and Mixed Office Commercial to Community Shopping
with a 100 foot landscaped buffer east and west sides. Zoned
5
October 2, 1997
ITEM NO.: 9 cont.
I-2 and R-2 there was no opposition to the request to rezone
I-2 to C-3. Staff was contacted by one property owner for
further information but no opposition was received. Staff
recommends approval.
36. East of Mann Rd., south of Baseline Rd., changed from
Multifamily, Low Density Residential, and Commercial to
Community Shopping with a 100 foot landscaped open space
where applicable. Developed as Multi Family and single
family units, and commercial the area is zoned R=2. R-5 and
O-1. Staff recommends an amendment to Commercial with a PZD
required.
37. East of Mann Rd., south of Baseline Rd., changed from
Multifamily and Low Density Residential to Single Family. A
portion of the area was a Mobile Home Park but has been
vacated. The Multi Family still has apartment units on it.
Staff recommends approval.
STAFF RECOMMENDATION:
Staff recommends approval of the Land Use Plan Amendments as
stated in the write-up for numbers 3, 5,6,10;12-
22,26,27,29,30,32,33, and 35-37.
Staff recommends denial for numbers 1,2,4,7,8,9,11,24,25,28,31,
& 34.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
Before the presentation began, there was a brief discussion about
the amount of material in the item and the length of time the
Planning Commission had to review it. The Commission spoke of
d6ferring the item but decided that staff's presentation might
cover any questions they had.
Pat Herman, Planner II, presented the land use plan amendments.
As instructed by Chairman Lichty, only those items the staff was
recommending denial on were presented. Chairman Lichty
questioned the pattern of staff recommending denial on properties
in which the land owner had been against the change. Staff
explained that in most of those cases the property was zoned to
match the land use plan or had an existing use which matched the
plan. Also, as much of the area is under water and sewer
improvement districts, staff did not want to cause undo economic
hardship. With no further discussion, the Planning Commission
voted to approve the land use plan amendments as presented by
staff (11 ayes,,0 nays).
6
October 2, 1997
ITEM NO.: 10-A File No. Z-6392
LOCATION:
REQQEST:
SOURCE•
STAFF REPORT:
N. of Mann Rd•., S. of Baseline
Rd., E. of Mabelvale Pike
Rezone from I-2 to C-3
Chicot West I-30 South
Neighborhood Action Plan
Rezoning
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there is agreement to reclassify the following
properties as described.
This property is currently zoned I-2 Light Industrial. The
commercial development to the north is C-3 and I-2 CUP (WalMart),
there is R-2 Single Family zoning to the east and west, and R-2
and I-2 zoning to the south across Mann Road.
WalMart and other commercial development is directly north of the
property. Single Family homes can be found east of the site
along Mabelvale Pike, and to the west in the Merrivale
subdivision. The property is bounded on the south by the
railroad and Mann Road. Adjacent to Mann Road is vacant land and
a handful of commercial businesses.
The area is shown on the land use plan as Industrial. The land
use plan shows Commercial to the north, Single Family and Low
Density Residential to the east, west and south, and Industrial
to the south. The Neighborhood Study is requesting this area be
changed on the landuse plan from Industrial to Commercial.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from I-2 to C-3.
October 2, 1997
ITEM NO.: 10-A cont.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with a vote of
10 ayes, 0 noes, and 1 absent.
2
October 2, 1997
ITEM NO.• 10-B File No. z-5393
LOCATION•
RE VEST•
SOURCE•
STAFF REPORT:
10114 Chicot Road
Rezone from R-7 to R-2, C-3
Chicot West I-30 South
Neighborhood Action Plan
Rezoning
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not.wish to have their property
reclassified, they were asked to contact the Planning Staff.. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff.- Staff, therefore
believes that there is agreement to reclassify the following
properties as described.
Currently zoned R-7 Mobile Home, the property was once a mobile
home park but is now abandoned. There are single family homes
around this property.and commercial businesses on Chicot Road.
The land around the site is zoned R-2 Single Family except for
the frontage on Chicot Road which is zoned C-3 General
Commercial.
The Land Use Plan shows Multifamily for the site, however the
Neighborhood Study is requesting an amendment to Single Family.
The plan shows Single Family around the site except along Chicot
Road which is shown for Commercial.
The request is to rezone the property from R-7 Mobile Home to
R-2 Single Family and C-3 Commercial 300' deep for the frontage
on Chicot Road.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from R-7 to R-2 and
C-3.
October 2, 1997
ITEM NO.: 10-8 cont.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with a vote of
10 ayes, 0 noes, and 1 absent.
2
October 2, 1997
ITEM NO.• 10-C File No. Z-5394
LOCATION•
RE VEST:
SOURCE:
STAFF REPORT:
South of RR, North of
Alexander Rd. between Vimy
Ridge and Sardis Rds.
Rezone from I-3 to I-2
Chicot West I-30 South
Neighborhood Action Plan
Rezoning•
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there is agreement to reclassify the following
properties as described.
This property is zoned I-3 Light Industrial and lies south of the
Otter Creek Industrial Park. The property is currently vacant.
There is I-2 and R-2 zoning to the north, I-3 to the west, and
I-1 and I-2 to the east, and I-1 and R-2 to the south.
The Land Use Plan shows the area as Light Industrial with which
I-2 would be compatible. There is residential development to the
south of the property along Alexander Road. The north is bounded
by the Rail Road across which sits the Otter Creek Industrial
Park.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from 1-3 to I-2.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with a vote of
10 ayes, 0 noes, and 1 absent.
October 2, 1997
ITEM NO.: 10-D File No. -5395
LOCATION:
REQUEST:
SOURCE:
STAFF REPORT:
An area on either side of the
Rail Road east of Vimy Ridge
Rd.
Rezone from I-3 to I-2
Chicot West I-30 South
Neighborhood Action Plan
Rezoning
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there' is agreement to reclassify the following
properties as described.
This property is zoned I-3 Light Industrial and lies in the Otter
Creek Industrial Park. The property is currently vacant. There
is I-2 zoning to the north, R-2 to the west, I-2 to the east, and
I-3 to the south.
The Land Use Plan shows the area as Light Industrial with which
I-2 would be compatible.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from I-3 to I-2.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with a vote of
10 ayes, 0 noes, and 1 absent.
October 2, 1997
ITEM NO.: 10-E File No. Z-6396
LOCATION•
REQUEST
SOURCE•
STAFF REPORT•
South of Alexander Rd.,
between Vimy Ridge Rd. and
Hall Ln.
Rezone from I-1 to R-2
Chicot West I-30 South
Neighborhood Action Plan
Rezoning
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse,plans was undertaken. Property.
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there'is agreement to reclassify the following
properties as described.
This property is zoned I-1 Industrial Park and lies south of
Alexander Road, to the east of the flood plain. There is I-3 and
I-1 zoning to the north across Alexander Rd., I-2 to the south
for the AP&L substation and west for existing single family
homes, and R-2 to the east. The property contains a single
family home. The property across Alexander Road is currently
vacant, there are single family homes to the west and a mobile
home park to the east. The property to the south is vacant
except for the AP&L substation.
The Land Use Plan shows the area as Light Industrial, however the
Neighborhood Study is requesting an amendment to Single Family.
The floodplain runs to the east and south of the property. Low
Density Residential is shown on the Plan for the mobile home park
to the east, as is Single Family. The AP&L site is shown as
Public Institutional.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from I-1 to R-2.
October 2, 1997
ITEM NO.: 10-E Cont.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with a vote of
10 ayes, 0 noes, and 1 absent.
2
October 2, 1997
ITEM NO.• 10-F File No. Z-6397
LOCATION•
REQUEST:
SOURCE•
STAFF REPORT:
North of Alexander Rd., West
of Vimy Ridge Rd.
Rezone from I-1 to R-2 for the
South 475' (approximate) .
Chicot West I-30 South
Neighborhood Action Plan
Rezoning
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there is agreement to reclassify the following
properties as described.
This property is zoned I-2 Light Industrial and lies between
Alexander Road and the Rail Road, east of Vimy Ridge Road. There
is R-2 zoning to the west and south and north of the -property and
I-2 to the east.
The property is currently vacant. There are single family homes
along the north side of Alexander Rd. South of the Road is
vacant land and one industrial use.
The Land Use Plan shows the area as Light Industrial. The
Neighborhood Study is requesting a change to Single Family along
the approximately south 475' of the property to recognize and
protect the existing single family homes.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from I-2 to R2.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with •a vote of
10 ayes, 0 noes, and 1 absent.
October 2, 1997
ITEM NO.: 10-G File Na. z-639$
LOCATION• Northeast corner of County
Line and Vimy Ridge Rd.
REQUEST: Rezone from MF -6 to R-2
SOURCE: Chicot West I-30 South
Neighborhood Action Plan
Rezoning
STAFF REPORT:
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there is agreement to reclassify the following
properties as described.
This property is zoned MF -6 Multi -family. There is C-3 CUP
zoning at the northeast corner of County Line/Vimy Ridge Rd_
intersection. The remaining property around the site is zoned R-
2 Single Family.
The site is shown on the Land Use Plan as Low Density
Residential, however the Neighborhood Study is requesting an
amendment to Single Family. Both corners to the north at the
County Line/Vimy Ridge intersection are shown for commercial.
There is a large tract shown as Low Density Residential to the
west and the remaining area is shown as Single Family. There are
existing single family homes to the north and east of the
property which is vacant.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from MF -6 to R-2.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This rezoning was approved on the Consent Agenda with a vote of
10 ayes, 0 noes, and 1 absent.
October 2, 1997
ITEM NO.: 10-H File No. Z-5399
LOCATION: 11984 Sardis Road
REQUEST: Rezone from I-1, C-2, & 0-2 to
C-3
SOURCE: Chicot West I-30 South
Neighborhood Action Plan
Rezoning
STAFF REPORT:
As part of the Chicot West I-30 South Neighborhood Study a review
of the area's zoning and landuse plans was undertaken. Property
owners were researched at the County Assessor's Office for the
parcels. Letters explaining the existing zone and the requested
new zone were sent to.each owner in August of 1997. If the
owners had questions or did not wish to have their property
reclassified, they were asked to contact the Planning Staff. Any
asking to not be rezoned were removed from the list. Property
owners were sent a second letter on September 10, 1997 telling
them the City would proceed to rezone their property one
October 2, 1997 unless they contacted Staff. Staff, therefore
believes that there is agreement to reclassify the following
properties as described.
The northern half of the property is zoned I-1 Industrial Park.
The remaining portions of the property are zoned C-2 Shopping
Center (to the east) and 0-3 General Office. . There is
industrial zoning to the north and east of the site and R-2
Single Family to the south and west.
The Land Use Plan shows Neighborhood Commercial south and west of
Alexander and Vimy Ridge Roads surrounded by Light Industrial.
The Neighborhood Study is recommending an amendment to the Plan
for Community Shopping and Mixed Commercial Industrial. The
southwest corner of the intersection is shown as Neighborhood
Commercial. The remaining areas are shown as Single Family on
the Land Use Plan.
Saris Road is classified as an Arterial and Alexander Road, east
from Meyer Lane, as a Collector on the Master Street Plan. This
intersection is near the location for the proposed South Loop.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from I-1, C-2, & 0-2 to
C-3.
October 2, 1997
ITEM NO.: 10-H cont. File No. Z--5399
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
Pat Herman, Planner II explained the rezoning stating that
aff
felt that this location would be appropriate for development
commercial node. The property owner, James Lasley spoke in favor
of change, mentioning that he had been asked by staff to proceed
with the rezoning.
Frankie wood Noel, an adjacent property owner, asked questions
about what uses were allowed in C-3 zoning and voiced her concern
about the passibility of a liquor store being developed at the
site. commissioner Hawn recognized her concern but pointed out
that a liquor store would be allowed in the existing and zoning.
The Commission voted to approve the rezoning
11
F,
October 2, 1997
ITEM NO.: 11
NAME:
LOCATION•
SOURCE:
STAFF REPORT:
Central High Neighborhood
Vision Framework
I-630 south to Roosevelt Rd.
Martin Luther King'Jr. Dr.
west to Union Pacific R.R.
City Staff
During the past year and a half the City of Little Rock
Departments of Planning and Development and Housing and
Neighborhood programs have had the opportunity to join the
Central High Neighborhood in an unique approach to planning.
Two Charettes, one held in May of 1996 and the other in June of
1997, brought together neighborhood residents and representatives
from public and private entities with a vested interest in the
area. Each of these events offered an opportunity for all
stakeholders to share their concerns, ideas and visions for the
future of the neighborhood. This information's presented in Part
I of the document entitled "Central High Neighborhood: Vision
Framework."
In response to housing concerns raised at the Charettes, Part II
of the report details the Housing and Neighborhood Programs
framework for a Homeownership Zone. This examines housing as not
just as a social opportunity, but also as an economic development
opportunity.
As redevelopment and investment occurs in the area it is
important that the elements that make the neighborhood unique are
ndt lost. To that end, the last section contains conceptual
urban designs which could be used to enhance and strengthen the
characteristics of the Central High Neighborhood.
Copies of the Vision Framework were distributed to all
participants with attendance at both Charettes. Other
participants were notified that copies were available at the
Central High and Wright Ave. Alert Centers, and the Department of
Planning and Development. Feedback and comments to the Vision
Framework were encouraged.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
At the request of the neighborhood, this item was deferred to
November 13.
October 2, 1997
ITEM NO.: 12
NAME:
SOURCE:
Kanis Road Corridor Study
Kanis Road Corridor Study Committee
STAFF REPORT•
In the fall of 1995 the Board of Directors directed the Planning
Staff to undertake a study of the Kanis corridor. The Hoard
viewed the Kanis corridor as a fast developing area which needed
special treatment. A nine member citizen committee was appointed
and first met in December 1995.
The study area was originally to be Kanis Road from Rodney Parham
to Ferndale, but the committee focused on the section of Kanis
Road from Shackleford to Chenal. Areas to the north and south of
Kanis Road were also included, up to a half mile. The boundaries
were flexible, to assure surrounding impacts and issues were
included.
Staff developed a process for the corridor study and the
committee members agreed on a number of tasks that needed to be
accomplished as part of their work and to ensure a comprehensive
review of the issues. This included a review of the existing
land use and zoning patterns, a review of the Future Land Use and
Master Street Plans, a review of the current development trends
in the area, a review of the Chenal Task Force recommendations
and the Chenal Parkway Corridor Study, and discussions on design
overlay districts (DOD), roadway designs and funding
alternatives.
Many issues were debated including: future land use, roadway
design and funding alternatives. The issues were presented to
the public at a open house in July 1997. Four land use options,
three roadway design options and funding alternatives were
presented to over one hundred interested individuals and property
owners. Prior to the public presentation, the public was invited
to review the presentation boards and ask questions in an
informal setting.
At the most recent Kanis Road Corridor Study meeting, committee
members were asked to rate the four land use options, the three
roadway design options and the funding alternatives. The
committee members were to rate the options from their first
choice to their last choice. The results of this rating are
found in the draft of the "Report of Kanis Road Study Committee"
which is included with the agenda.
October 2, 1997
ITEM NO.: 12 cant.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
The Kanis Road item was presented by Rusty Sparks, Chairperson of
the Kanis Road Study Committee. There were a number of
interested individuals in attendance and two committee members,
Dickson Flake and Mary Zehr, were present.
Rusty Sparks addressed the Commission and gave an overview of the
committee's work and the process that was used. Mr. Sparks
explained the committee's charge and that the Mayor asked the
group to think "out-of-the-box." Mr. Sparks said Phase I of the
study was I-430 to Chenal Parkway and the committee concentrated
on the Kanis corridor from Bowman Road to Pride Valley. As part
of the process, the committee reviewed existing conditions,
Master Street Plan, current land use plan, previous traffic
studies and the work of the Chenal Task Force. Mr. Sparks said
the committee also took.a "field trip" and viewed the corridor
from a bus.
Mr. Sparks then discussed the committee's efforts to address
future land use and to determine if changes were. warranted.
After many hours of debate, the committee agreed on four land use
options to present to the public for comment. Mr. Sparks then
reviewed the four options and described the major differences
between them. (Graphics and overhead transparencies were used
during the presentation.) Mr. Sparks said that Options 1 and 2
recommended a mixed use approach, but Option 1 was more sensitive
to the topography and Option 2 suggested a more intense land use
pattern. He went on to say that Option 3 was the "out-of-the-
box" approach because it identified large scale unified
development districts and did not specify land use. Mr. Sparks
described Option 3 in some detail and said that land use, roadway
design and financing were a package and tied together, an
integrated concept. Mr. Sparks said Option 4 was the current
larid use plan for the corridor.
After reviewing the land use options, Mr. Sparks commented on the
roadway designs and funding alternatives. Mr. Sparks said that
the Kanis Committee agreed with the Mayor's Infrastructure Task
Force on the need for exploring innovative financing mechanisms
for street improvements. Mr. Sparks made a number of remarks
about the funding issue.
Mr. Sparks then told the Planning Commission that the committee
members were asked to rate the land use options, roadway designs
and funding alternatives. Mr. Sparks referred to the Kanis
Report and said the ratings could be found in the executive
summary. (See attached sheets.)
Mr. Sparks said the committee spent many hours discussing
circulation and traffic. He said the committee reviewed traffic
PA
October 2, 1997
ITEM NO.: 12 cant.
projections generated by Ernie Peters (Chenal Traffic Study) and
Metroplan.
There was a long discussion about Option 3 and a number of
comments were made. Rusty Sparks said that 18 districts
identified on options were illustrative and somewhat conceptual.
He said there could be fewer districts, and the area would be
linked by a common denominator. Mr. Sparks indicated that he
thought some support for Option 3 was expressed at the July
public meeting.
Dickson Flake, a committee member, was asked to comment on Option
3. Mr. Flake said that it could paralyze development and create
some problems. Mr. Flake said the property owners would not work
together and coordinating the timing of a development would be
difficult. Mr. Flake told the Commission that he thought Options
1 or 2 were reasonable plans.
Commissioner Craig Berry was also asked to comment on Option 3.
Commissioner Berry said the concept was innovative and the city
was not accustom to doing the type of planning suggested by
Option 3. Commissioner Berry said the Board of Directors needed
to see Option_3 and the development community could be gaining
something by the land use not being specified on the plan.
Commissioner Ron Woods spoke and said Option 3 presented too many
unknowns.
Jeff Hathaway, representing 3 property owners on Kanis, was asked
to address the Commission on Option 3. Mr. Hathaway said he
agreed with Dickson Flake and Option 3 raised some concerns.
Ruth Bell, League of Women voters, said a Design Overlay District
or other special districts was needed on Kanis Road.
There was some additional discussion about Option 3 and other
issues related to the Kanis Study.
The Planning Commission took no action on the report and said it
would be discussed at the informal meeting on October 16. The
item was deferred to the October 30`h hearing and the Commission
would be asked to make a recommendation at that time.
(Staff was asked to develop some pros and cons for the options
and to try to get more information about Option 3. It was also
suggested that staff look at the Option 3, districts to see if
they could be better defined.)
q
October 2, 1997
ITEM NO.• 13
NAME. Infrastructure Project screening
Criteria
STAFF REPORT•
Public works wishes to discuss criteria used to screen a list in
excess of $400 million in infrastructure needs identified by
neighborhoods, staff, and customers. The discussion will include
planned items for inclusion as criteria for three broad classes
of projects: Street Projects, Drainage Projects, and Special
Projects. Staff will then prepare a resolution for. consideration
by the Planning Commission on October 30 agenda. This resolution
will then be forwarded to the Board of Directors.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 1997)
This issue was presented in the agenda meeting and discussed
informally by the Planning Commission. No action was taken by
the Commission.