pc_02 26 2015
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
FEBRUARY 26, 2015
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eight (8) in number.
II. Members Present: Craig Berry
Tom Brock
Alan Bubbus
Buelah Bynum
Keith Cox
Janet Dillon
Rebecca Finney
Bill May
Members Absent: Jennifer Martinez Belt
Open Position
Open Position
City Attorney: Cindy Dawson
III. Approval of the Minutes of the January 15, 2015 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
FEBRUARY 26, 2015
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8977-A South Bowman Apartments Long-form PD-R, located
at 4212 South Bowman Road.
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. G-23-455 Alley – Right-of-Way Abandonment
Block 30, Original City of Little Rock
2. Z-9007 Rezoning from R-3 to R-7A
3508 Jones Street
3. Z-4156-B Greater Second Baptist Church – Conditional
Use Permit
5901 West 57 th Street
4. Z-9008 The Spiritual Assembly of the Baha’is – Conditional
Use Permit
511 N. Pine Street
5. Proposed amendments to various sections of Chapter 36 of the Code of
Ordinances, The Zoning Ordinance
6. MSP15-01 Remove Collector on northeast quadrant of Bowman
Road and 36 th Street.
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title:
7. A-325/Z-9009 Industrial Harbor Annexation and Zoning to I-3, Heavy
Industrial along the Arkansas River, east of Industrial
Harbor Drive
8. LU14-02 Eastern Area Land Use Plan Amendment Package
Various areas east of Union Pacific Railroad/I-530 to
Arkansas River
9. Z-4175-I Arkansas Hospice Long-form POD Revocation
February 26, 2015
ITEM NO.: A FILE NO.: Z-8977-A
NAME: South Bowman Apartments Long-form PD-R
LOCATION: Located at 4212 South Bowman Road
DEVELOPER:
EBW LLC
26 Collins Industrial Place
North Little Rock, AR 72113
ENGINEER:
Marlar Engineering
5318 JFK Boulevard
North Little Rock, AR 72116
AREA: 16.02 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Multi-family – 14.99 units per acre
VARIANCE/WAIVERS: A variance from the City Land Alteration Ordinance to allow
advanced grading of future phases with the construction of the first phase and to allow a
retaining wall in excess of 15-feet.
BACKGROUND:
The item was reviewed and a recommendation of approval was made by the Planning
Commission at their October 29, 2014, public hearing. The item was forwarded to the
Board of Directors for final action. The item was deferred from the Board December 2,
2014, public hearing to the December 16, 2014 hearing. At the request of the developer
the item was removed from the Board Agenda prior to the December 16, 2014, public
hearing.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning from R-2, Single-family to PD-R to allow
the development of 240-units of multi-family housing on this 16.02-acre tract.
The buildings are proposed as three (3) story buildings with a maximum building
height of 48-feet. There are ten (10) buildings proposed, each containing
24-units. The site plan indicates the placement of an office/clubhouse, pool and
covered pavilions as amenities for the residents. The plan indicates the
placement of covered and uncovered parking on the site. The perimeter fencing
includes the placement of a six (6) foot wood fence along the northern, southern
and eastern perimeters. Brick and wrought iron fencing will be placed along
South Bowman Road.
The development is proposed in two (2) phases. With the initial phase five (5)
apartment buildings containing 24-units each along with the clubhouse, pool
administrative offices and the front entrance will be developed. The second
phase includes the construction of five (5) additional buildings, each containing
24-units. The buildings are proposed with three (3) story heights. The maximum
building height proposed is 48-feet.
B. EXISTING CONDITIONS:
South Bowman Road adjacent to the site is an unimproved two (2) lane road with
open ditches for drainage. The property proposed for development is tree
covered with a single-family home located near the northern property line on
South Bowman Road. There is vacant C-2, Shopping Center District zoned
property to the east. South of the site is a manufactured home park with homes
abutting this properties southern boundary. North of the site is a large property
which contains a single-family residence with a number of outbuildings and
barns. Further south of the site is the Baptist School of Nursing, an office
warehouse development, a convenience store and a number of automobile
dealerships located on Colonel Glenn Road.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All property owners located within 200-feet of the site along with the
John Barrow Neighborhood Association and Southwest Little Rock United for
Progress were notified of the public hearing.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Bowman 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.
2. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to Bowman
Road including 5-foot sidewalks with the planned development. The new
back of curb should be located 29.5 feet from centerline. Striping and
tapers must be provided for a center turn lane.
3. 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. Is a variance
being requested to advance grade future phases of development with
construction of the first phase?
4. Street Improvement plans shall include signage and striping. Public Works
must approve completed plans prior to construction.
5. If disturbed area is 1 or more acres, obtain a NPDES stormwater permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
6. A minimum undisturbed strip 25 feet wide except for reasonable access
shall be provided along each side of streams having a 10 yr storm >150 cfs.
The undisturbed strip should be measured from the top of the bank. After
permits have been obtained from the USCOE for the creek to be filled, the
buffer strips can be removed.
7. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed
prior to platting/certificate of occupancy. Contact Greg Simmons, Traffic
Engineering at 501.379.1813; for more information.
8. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersection(s) comply with 2004 AASHTO Green Book
standards. The driveway should be located to not create conflicting left turn
movements with the future street on the east side of South Bowman Road.
9. The owner and/or manager of each multi-family residence of 100 or more
dwelling units shall provide recycling and encourage participation by the
tenants, renters, or owners of each unit. Contact Melinda Glasgow
501.371.4646; mglasgow@littlerock.org for more information.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
4
10. Retaining walls designed to exceed 15 feet in height are required to seek a
variance for construction. Provide proposed wall elevations.
11. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After
construction, an as-built certification is required for construction of the
retaining wall. Retaining walls with geotextile reinforcing mats should not be
placed on the property line and the mats extend beyond the property line.
12. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
13. The proposed sign should be removed from the driveway landscape
median.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project. Sewer main relocation required to
construct project as shown. Contact Vince Hortho at Little Rock Wastewater
Utility for additional information.
Entergy: Entergy does not object to the proposal. Three phase power is
available along the west side of Bowman Road. Care should be taken in
constructing the sign and in locating the construction office as both shown to be
in close proximity to the power line. Contact Entergy in advance to discuss
service requirements and facilities locations.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. 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 the Little Rock Fire
Department is required.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
5
3. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
4. If there are facilities that need to be adjusted and/or relocated, contact Central
Arkansas Water. That work would be done at the expense of the developer.
5. Contact Central Arkansas Water if additional fire protection or metered water
service is required.
6. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water 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 Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
7. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s materials
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of a
Customer Owned Line Agreement is required.
8. 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 back flow preventer shall be required.
9. This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate pressure
and fire protection.
Fire Department:
Fire Hydrants: Maintain fire apparatus access roads at fire hydrant locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet, exclusive of
shoulders.
Grade: Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
6
access roads shall not exceed 10 percent in grade except as approved by the fire
chief.
Loading: Maintain fire apparatus access road design as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
Commercial and Industrial Developments – 2 means of access - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in height shall have
at least two means of fire apparatus access for each structure. Section D104.2
Building exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet shall be provide with two
separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet
that have a single approved fire apparatus access road when all building are
equipped throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of
the maximum overall diagonal dimension of the lot or area to be served,
measured in a straight line between accesses.
30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4
D105.1 Where Required. Where the vertical distance between the grade plane
and the highest roof surface exceed 30’, approved aerial fire apparatus access
roads shall be provided. For the purposes of this section the highest roof
surfaces shall be determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet walls,
whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall
have a minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof. D105.3 Proximity to building.
At least one of the required access routes meeting this condition shall be located
within a minimum of 15 feet and a maximum of 30 feet from the building, and
shall be positioned parallel to one entire side of the building. The side of the
building on which the aerial fire apparatus access road is positioned shall be
approved by the fire code official. D105.4 Obstructions. Overhead utility and
power lines shall not be located over the aerial fire apparatus access road or
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
7
between the aerial fire apparatus road and the building. Other obstructions shall
be permitted to be places with the approval of the fire code official.
Dead Ends: Maintain fire apparatus access roads at dead end locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4
Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Gates: Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall comply
with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by
one person.
4. Gate components shall be maintained in an operable condition at all times
and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
entry tools or when a key box containing the keys to the lock is installed at
the gate location.
7. Locking device specifications shall be submitted for approval by the fire
code official
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed
and installed to comply with requirements of ASTM F 2200.
Fire Hydrants: Locate Fire Hydrants as per Appendix C of the 2012 Arkansas
Fire Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s
Office (Capt. Tony Rhodes 501-918-3757). Number and Distribution of Fire
Hydrants as per Table C105.1.
County Planning: No comment.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
8
CATA: The site is not located on a dedicated CATA bus route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Building Code: Project is subject to full commercial plan review approval prior to
issuance of a building permit. For information on submittal requirements and the
review process, contact a commercial plans examiner: Curtis Richey at
501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875;
malderfer@littlerock.org .
Planning Division: This request is located in the I-430 Planning District. The
Land Use Plan shows Residential Low Density (RL) for this property. The
Residential Low Density (RL) category provides for single family homes at
densities not to exceed six (6) units per acre. Such residential development is
typically characterized by conventional single family homes, but may include
patio or garden homes and cluster homes, provided that the density remain less
than six (6) units per acre. The applicant has applied for a rezoning from R-2
(Single Family District) to PDR (Planned District Residential) to allow
development of an apartment complex at a density of 15 units per acre on the
site.
Master Street Plan: Bowman Road is a Minor Arterial 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 Bowman Road. This street may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Bowman Road. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide
trees with an average linear spacing of not less than thirty (30) feet within the
perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30)
linear feet of perimeter planting strip.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
9
3. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the parking
area(s). The minimum size of an interior landscape area shall be three
hundred (300) square feet for developments with more than one hundred fifty
(150) parking spaces. Interior islands must be a minimum of seven and one
half (7 1/2) feet in width. Trees shall be included in the interior landscape
areas at the rate of one (1) tree for every twelve (12) parking spaces.
4. The development of two (2) acres or more requires an approved landscape
plan stamped with the seal of a registered landscape architect prior to the
issuance of a building permit.
5. A landscape irrigation system shall be required for developments of one (1)
acre or larger.
6. Recycling containers must be screened per Section 36-523(d) of the City of
Little Rock Code of Ordinances.
7. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (January 7, 2015)
Mr. Mike Marlar of Marlar Engineering was present representing the request.
Staff presented the item stating the applicant had withdrawn the previous request
prior to the Board of Directors action on the request. Staff stated the current
request was to allow the development of 240 units of multi-family housing on the
site. Staff stated the most notable differences were the addition of property which
was previously under a different ownership and the placement of an additional
building containing 24-units. Staff requested Mr. Marlar provide the areas in
which the buffer would remain undisturbed and the areas in which the buffers
would be cleared.
Public Works comments were addressed. Staff stated Bowman Road was
classified on the Master Street Plan as a minor arterial. Staff stated dedication of
right of way to 45-feet from centerline was required. Staff also stated a grading
permit would be required prior to development. Staff questioned the proposed
phasing plan and if advanced grading was being requested for future phases with
the development of the first phase.
Landscaping comments were addressed. Staff stated buffers were required
along the sites perimeters. Staff stated the required street and western buffer
were an average of 50-feet with the minimum street buffer dimension of 25-feet.
Staff stated screening was required along the northern, western and southern
perimeters.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
10
Staff noted the comments from the various other agencies. There were no more
issues for discussion. 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 8, 2014, Subdivision Committee meeting. The site
plan indicates the placement of perimeter fencing, the maximum building height
and the number of units per building. The site plan also includes the placement
of a secondary access for the development and the placement of buffering along
the sites northern, western and southern perimeters.
The applicant is requesting a rezoning from R-2, Single-family to PD-R to allow
the development of 240-units of multi-family housing on this 16.02-acre tract for
an overall density of 14.99 units per acre. The buildings are proposed as three
(3) story buildings with a maximum building height of 48-feet. There are ten (10)
buildings proposed, each containing 24-units. The site plan indicates the
placement of an office/clubhouse, pool and covered pavilions as amenities for
the residents. The buildings are proposed brick exteriors with architectural
singled roofs. The plan indicates the placement of covered and uncovered
parking on the site. The perimeter fencing includes the placement of a six (6)
foot wood fence along the northern, southern and eastern perimeters. Brick and
wrought iron fencing will be placed along South Bowman Road.
The development is proposed in two (2) phases. With the initial phase five (5)
apartment buildings containing 24-units each along with the clubhouse, pool
administrative offices and the front entrance will be developed. The second
phase includes the construction of five (5) additional buildings, each containing
24-units.
The site plan indicates the placement of covered and uncovered parking on the
site. The plan includes the placement of 430 parking spaces. Included in the
430 parking spaces are 20 covered parking structures with approximately
80-spaces within the covered structure. Per the Zoning Ordinance parking for
multi-family developments is calculated at one and one-half parking spaces per
unit. Based on 240 unis a total of 360 parking spaces is required.
The site plan includes the placement of several dumpster locations. Recycling
facilities will be offered to the residents. A note on the site plan indicates
dumpsters will be screened per typical ordinance requirements. The hours of
dumpster service will be limited to 6 am to 7 pm daily.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
11
The site plan includes the placement of an identification sign at the entrance to
the development. The sign is indicated with a maximum height of six (6) feet and
a maximum sign area of 72-square feet. The sign is located within a planted
landscape feature within the divided entrance to the development. The sign will
be moved to the west to not create a sight distance problem at the driveway
entrance and South Bowman Road.
The request includes a variance from the City’s Land Alteration Ordinance to
allow an increase in the total retaining wall height along the northwestern
perimeter. The top of the wall is between 381-feet and 393-feet and the finished
floor heights will be nearer 352-feet.
Staff is continuing to review the request related to the perimeter land use buffers
and the proposed retaining wall heights and locations. Staff recommendation is
forthcoming.
I. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
PLANNING COMMISSION ACTION: (JANUARY 29, 2015)
The applicant was present. There were no registered objectors present. Staff
presented the item stating staff was requesting a deferral of the item to the February 26,
2015, public hearing. Staff stated they needed additional time to review a revised site
plan which had been submitted by the applicant.
There was no further discussion of the item. The Chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 10 ayes,
0 noes, 0 absent and 1 open position.
STAFF UPDATE:
The site plan includes the construction of a retaining wall along the northwestern and
western portions of the property. The wall height ranges for ground level to 30-feet in
height in this area. The wall is cut into the development site allowing the top of the wall
to be at grade with the property located to the north and west. (The overall height of
the wall will be seen from within the multi-family development.) The applicant is
requesting a variance to allow an increase in the wall height. Section 29-190 of the
Little Rock Code of Ordinances states a maximum of thirty (30) vertical feet of fill or
excavation (such as three (3) ten-foot vertical terraces or two (2) fifteen-foot vertical
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
12
terraces) is permitted, however additional development areas may be constructed a
minimum of one hundred fifty (150) feet in width and at a slope of no more than
eight (8) percent. The maximum of thirty (30) feet of fill or excavation may be utilized.
This section also states no more than two hundred (200) feet of terrace can be in a
straight line and a minimum of a ten (10) feet curved section, jog, or offset is required
for each additional two hundred (200) feet of terrace. The applicant is requesting a
variance to allow the wall height to be 30-feet and to be allowed the wall in a straight
line. Staff is supportive of the variance requests. The maximum height of the wall along
the western perimeter is 15-feet which complies with the land alteration ordinance.
The request also includes a variance from the City’s Land Alteration Ordinance to allow
grading of the Phase II development area with the construction of the first phase. Staff
is supportive of this variance request.
The land use buffer width along the northern portion of the property ranges from 39-feet
along the eastern 500-feet of the development to 21.67-feet along the western 600-feet
of the development. The northern land use buffer within the eastern portion of the
development will be maintained as typically required per the zoning/buffer ordinance.
A minimum of 70 percent of the land use buffer will be maintained in its natural state.
The remaining area of the northern land use buffer will be disturbed most likely to the
property line. The applicant indicates the land use buffer which is disturbed will be
replanted with 2 and 3 inch caliper evergreen trees and shrubs. The plantings will be
staggered and placed 17-feet on center. This will allow the reestablishment of the
vegetation within the land use buffer and provide visual screening.
The land use buffer along the western perimeter ranges from 39-feet to 45-feet.
A minimum of 70 percent of the land use buffer area will remain in its current natural
state. The land use buffer along the southern portion of the development will be
removed to the property line. The land use buffer along the southern portion of the site
is indicated at 9-feet which is the minimum land use buffer width allowed per the
zoning/buffer ordinance. Staff is supportive of the land use buffer on the southern
perimeter as indicated on the site plan.
The developer is proposing a 6-foot wooden fence along the northern, western and
southern perimeters. A 6-foot wrought iron fence with 8-foot brick columns will be
placed along South Bowman Road.
Staff is supportive of the applicant’s request for rezoning to PD-R. The requested
rezoning is to allow a multi-family development at a density of 15-units per acre.
A portion of the site is indicated on the City’s Future Land Use Plan as Residential High
which allows for multi-family development at a density of more than 12-units per acre.
The remainder of the site is indicated at Residential Low which typically allows
residential development at a density no greater than 6-units per acre. The Future Land
Use Plan is general in nature. The site is located adjacent to a mobile home park,
across the street from a school and near the commercial area of Colonel Glenn
and I-430.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
13
Staff does not feel the removal of the land use buffer along portions of the northern and
western property lines will adversely impact the development. The applicant is
proposing to replant the land use buffers which are lost to mitigate any potential
negative impacts. Staff is also supportive of allowing the removal of the southern land
use buffer as proposed by the applicant. Staff does not feel the variances from the
City’s Land Alteration Ordinance will adversely impact the development. Staff feels the
rezoning of the site and the multi-family development as proposed is appropriate for the
site.
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 approval of the variance request from the City’s Land Alteration
Ordinance to allow grading of the Phase II area with the construction of the first phase.
Staff recommends approval of the variance request from the Land Alteration Ordinance
to allow an increase in the wall height and allow the wall to not be staggered.
Staff recommends approval of the land use buffers as proposed.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
Mr. Mike Marlar of Marlar Engineering was present representing the request. There
was one registered objector present. Staff presented the item with a recommendation
of approval.
Mr. Marlar addressed the Commission stating he and the developer had met with the
property owner to the north and offered additional landscaping in excess of the City
code. Mr. Marlar stated the development was also proposing to provide stormwater
detention for the 5, 10 and 25 year storm event which exceeded the minimum ordinance
requirement for stormwater detention. Mr. Marlar stated he had met with the City’s
Traffic Engineer and the development was providing street improvements per the
Master Street Plan and including a turn-lane into the development on South Bowman
Road.
Mr. Charles Sullivan addressed the Commission in opposition of the request. He stated
his home was located at 4100 South Bowman Road and he had lived there for 24 years.
He stated he and his wife owned 40-acres to the north of this development.
Mr. Sullivan stated he was appearing before the Commission to speak in opposition of
rezoning the property from single-family to multi-family. He stated he was not in support
of allowing 240 more apartments in addition to the 1,000 units previously approved for
South Bowman Road. He stated with the approval of the additional 500 units north of
West 36 th Street the scope of development had dramatically been expanded.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
14
Mr. Sullivan stated in the past few months he had visited with a number of persons in
the private sector and in City government concerning the overbuilding of apartments in
an area and the impacts on neighborhoods. He stated in those conversations he had
repeatedly heard the comment that no one wanted to see Bowman Road experience
the overbuilding of apartments as had occurred in areas such as Reservoir Road,
Mara Lynn Drive, North Green Mountain Drive and Napa Valley Drive in West Little
Rock. He stated since these areas were being used as examples of over concentration
of apartments he contacted Mr. Jonathon Lupton of Metroplan and requested apartment
number for the areas. He stated on Reservoir Road there were 905 units, Mara Lynn
720, North Green Mountain 1035 and Napa Valley 940 units. He stated the City had
already approved more apartments on South Bowman Road than currently present in
three of the areas considered over developed and had approved essentially an equal
number for the fourth overbuilt area. He stated if the numbers truly represented being
overbuild, then South Bowman Road with its current approval of 1000 units was already
in the overbuilt category and the area did not need an additional 240 units.
He stated he did not consider himself as anti-development, anti-apartment, or
anti-people-who-live-in-apartments type person. He stated in a growing City like Little
Rock development was needed which included affordable quality rental housing. He
stated his objection was to the location the developer had selected for his project and to
his request for rezoning of the land from single-family to multi-family to achieve his
purpose. He stated it was explained to him that a normal zoning pattern would be
office/warehouse adjacent to high density residential adjacent to single-family. He
stated currently this zoning pattern was in place if considering the land from West
Bowman Road beginning at Colonel Glenn and traveling north. He stated approving the
rezoning request would add 16-acres of multi-family next to property currently zoned
high density residential. He stated this additional multi-family zoning did not fit a normal
development pattern. He stated this property should remain single-family residential.
He stated another point to note was that denying this application did not preclude this
development from being built in West Little Rock. He stated there were 281.87 acres of
land already zoned multi-family located north of Colonel Glenn and West of I-430 as
described in a December 12, 2014, report prepared by City Manager Bruce Moore for
Little Rock Board of Director Lance Hines. Mr. Sullivan stated in summary he felt the
information provided to the Commission spoke loudly against approval of this rezoning
request to building 240 more apartment units in the South Bowman Road corridor.
Mr. Mike Marlar addressed the Commission stating the location best suited the
developer’s needs. He stated this development was located on South Bowman Road
nearer the theater, the commercial area and the automobile dealerships. He stated he
felt the residents of this development would work and shop in the Colonel Glenn Road
I-430 area.
February 26, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-8977-A
15
Mr. John Burkhalter addressed the Commission as the developer. He stated his
development provided 32-percent of the parking indoors or covered. He stated the
development was located across the street from the Baptist Nursing School which he
felt would be his primary occupants.
There was a general discussion by the Commission concerning the development and
the number of units previously approved and if the area was overbuilt or would be
overbuilt. Commissioner Bubbus stated he felt based on the topography of the area this
area would not develop at the rate as the other areas which were considered as
overbuilt. The Commission noted there were areas zoned in Chenal for multi-family and
at the time of development the residents of the area would be appearing before the
Commission stating they did not want apartments at this rate.
Commissioner May stated he was in Leawood when the apartments were developing
along Reservoir Road. He stated the area was a problem area. He stated he felt
apartment developments should be spread out and not concentrated in certain areas.
Commissioner Cox stated he felt the development was appropriate. He stated the
development was located near the Colonel Glenn/I-430 intersection. He stated the
project was across the street from a school. He stated this site was more appealing
than the apartments the Commission just approved to the north on West 36 th Street.
Commissioner Cox stated the market dictated if a development was viable. He stated
market studies were prepared to determine if a site was a good location for a particular
type development. He stated he felt this was a good location and a good development.
A motion was made to approve the request subject to compliance with the comments
and conditions as outlined in paragraphs D, E and F of the agenda staff report and
approval of the variances associated with the request. The motion carried by a vote of
7 ayes, 1 no, 1 absent and 2 open positions.
February 26, 2015
ITEM NO.: 1 FILE NO.: G-23-455
Name: Alley – Right-of-Way Abandonment
Location: Block 30, Original City of Little Rock
Owner/Applicant: Texarkana Newspapers, Inc. and Junior League of
Little Rock/Moses Tucker Real Estate, Inc.
Request: The applicant proposes to abandon the south
150 feet of the alley right-of-way located
within Block 30, Original City of Little Rock.
The block is bounded by E. 4 th Street, E.
Capitol Avenue, Scott Street and Cumberland
Street.
Purpose: Continued use as paved parking lot with possible
future redevelopment.
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. Two (2) of the utilities request to retain the area of
abandonment as a utility easement. The Public Works Comment is as
follows:
1. A drainage and utility easement should be maintained following
abandonment.
B. Master Street Plan:
There are no Master Street Plan issues associated with this abandonment
request, as the right-of-way is not classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The alley right-of-way area is currently part of a paved parking lot within
the south half of this block.
February 26, 2015
ITEM NO.: 1 (Cont.) FILE NO.: G-23-455
2
D. Development Potential:
After abandonment, the area of right-of-way will continue to be used as
paved parking, with the possibility of future redevelopment.
E. Neighborhood and Land Use Effect:
The Junior League of Little Rock building is located within the northwest
quarter of the block, with the remaining portion of the block being paved
parking area. The River City Travel Center is located within the block to
the east. All other surrounding blocks are located by office/multi-use
buildings and paved parking areas.
F. Neighborhood Position:
The Downtown and MacArthur Park 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:
Little Rock Wastewater: No objection to abandonment. Retain 10 foot
dedicated sewer easement.
Entergy: No objection to abandonment. Retain 24 hour access to Entergy
facilities in this alley – specifically service to a pole and private area light
currently located on the southeast corner of the existing building located
on the northwest corner of the block. A service wire to the light pole
extends from a pole in the center of the block along E. Capitol Avenue.
Access is required for ongoing maintenance and restoration as
periodically required. Vehicular access to the pole may be required from
time-to-time. If some type of barrier is used to limit vehicular access to
this location, then it should be removable so that Entergy’s employees
may move it when access is required.
Centerpoint Energy: No objection to abandonment.
AT&T: No objection to abandonment.
Central Arkansas Water: No objection to abandonment.
H. Reversionary Rights:
The alley right-of-way is located within the Original City of Little Rock.
Information submitted by an abstract company notes that there were no
reversionary clauses/rights found of record. Based on the fact that the
February 26, 2015
ITEM NO.: 1 (Cont.) FILE NO.: G-23-455
3
alley right-of-way is within the Original City of Little Rock, the City will
retain ownership of the area after abandonment. The applicant must
follow the established procedure to purchase the property from the City
after abandonment. The applicant has been provided a copy of the
procedure.
I. Public Welfare and Safety Issues:
Abandoning these rights-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, with the following comment:
Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1 Section D103.1 Access road width with a
hydrant . Where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 4, 2015)
Jimmy Moses, Chris Moses and Emily Madden were present, representing the
application. Staff briefly described the proposed abandonment, noting that there
were no outstanding issues. The proposed abandonment was briefly discussed,
with Public Works and Utility Comments noted.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the south 150 feet of the
20 foot wide alley right-of-way located within Block 30, Original City of Little
Rock, subject to the entire area of abandonment being retained as a utility and
drainage easement.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as outlined in the “staff recommendation”
February 26, 2015
ITEM NO.: 1 (Cont.) FILE NO.: G-23-455
4
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 8 ayes, 0 noes,
1 absent. and 2 open positions.
February 26, 2015
ITEM NO.: 2 FILE NO.: Z-9007
Owner: Mary Buckley
Applicant: Mary Buckley
Location: 3508 Jones Street
Area: 0.16 Acre
Request: Rezone from R-3 to R-7A
Purpose: Placement of a single-wide manufactured home
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Undeveloped property (across East 35 th Street); zoned R-3
South – Single family residence; zoned R-3
East – Undeveloped property (across Jones Street); zoned R-3
West – Single family residences, including manufactured homes; zoned R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Bus Route #20 (College Station
Route) runs along Frazier Pike to the south.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the College Station
Neighborhood Association were notified of the public hearing.
February 26, 2015
ITEM NO.: 2 (Cont.) FILE NO.: Z-9007
2
D. LAND USE ELEMENT:
This request is located in the College Station/Sweet Home Planning District. The
Land Use Plan shows Residential Low Density (RL) for this property. Residential
Low Density allows for single family homes at densities not to exceed 6 dwelling
units per acre. Such residential development is typically characterized by
conventional single family homes, but may also include patio or garden homes
and cluster homes, provided that the density remain less than 6 units per acre.
The applicant has applied for a rezoning from R-3 (Single Family District) to R-7A
(Manufactured Home District) for placement of a manufactured home on this site.
Master Street Plan:
Jones and 35 th Streets are a Local Street on the Master Street Plan. The primary
function of a Local Street is to provide access to adjacent properties. Local
Streets that are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. A Collector design
standard is used for Commercial Streets. 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 the immediate vicinity.
E. STAFF ANALYSIS:
Mary Buckley, owner of the 0.16 acre lot located at 3508 Jones Street (College
Station), is requesting to rezone to property from “R-3” Single Family District to
“R-7A” Manufactured Home District. The property is located at the southwest
corner of Jones Street and East 35 th Street. The rezoning is proposed to allow
placement of a 15.4 foot by 72.3 foot single-wide manufactured home on the lot.
The property is located outside the Little Rock city limits, but within the City’s
extraterritorial jurisdiction.
The subject property, along with the lot immediately to the east (separate
ownership), is occupied by a one-story single family residence located within
the south half of the property. A 15.4 foot by 72.3 foot single-wide manufactured
home was recently placed with the north half of the property. The applicant
notes that the one-story single family residence will be removed from the
property. At that time the manufactured home will reoriented to run north/south
on the corner lot only. The site plan submitted shows the manufactured home
February 26, 2015
ITEM NO.: 2 (Cont.) FILE NO.: Z-9007
3
located 45 feet back from the front (north) property line, 25 feet from the rear
(south) property line, five (5) feet from the west side property line and 30 feet
back from the east side property line. Small sets of steps will be located the
front and back doors of the manufactured homes. There will be no porch/deck or
other structures constructed on the site. A gravel driveway from Jones Street will
be located near the southeast corner of the site. The gravel driveway/parking
area will be bordered as per ordinance requirements.
All surrounding properties are zoned R-3. Single family residences are located
west and south of the site. Vacant lots are located east and north. There are
a number of other vacant lots in the area. There are a number of other
manufactured homes of various sizes and ages in this general area.
The City’s Future Land Use Plan designates this property as Residential Low
Density. The requested R-7A zoning does not require a change to the Land Use
Plan.
The R-7A Zone District is a site plan review district. The following are the siting
criteria for manufactured homes in the R-7A District as per Section 36-262(d)(2) of
the City’s Zoning Ordinance:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.
b. Removal of all transport features.
c. Permanent foundation.
d. Exterior wall finished in a manner compatible with the neighborhood.
e. Underpinning with permanent materials.
f. Orientation compatible with placement of adjacent structures.
g. Off-street parking per single-family dwelling standards.
Staff is supportive of the requested R-7A rezoning. Staff views the request as
reasonable. As noted above, there are a number of other manufactured homes in
this immediate residential area. Most of these manufactured homes are
nonconforming and have existed as part of the neighborhood for a number of
years. Therefore, the placement of the manufactured home at 3508 Jones Street
is not out of character with the neighborhood. To staff’s knowledge the proposed
manufactured home will comply with the siting criteria found in Section 36-
262(d)(2) of the City’s Zoning Ordinance. Additionally, the manufactured home
complies with the minimum setback requirements for the R-7A Zoning District.
Staff believes the requested R-7A zoning will have no adverse impact on the
adjacent properties or the general area.
February 26, 2015
ITEM NO.: 2 (Cont.) FILE NO.: Z-9007
4
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-7A rezoning.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 4, 2015)
Mary Buckley was present, representing the application. Staff presented the rezoning
request and explained the proposed manufactured home placement on the site. Staff
noted that the home met all setback requirements. Staff noted that a deck, porch or
steps needed to be shown on the site plan, if desired. Staff also noted the siting criteria
for manufactured homes. There was brief additional discussion. After the discussion,
the Committee forwarded the application to the full Commission for resolution.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
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 8 ayes, 0 noes, 1 absent and 2 open
positions.
February 26, 2015
ITEM NO.: 3 FILE NO.: Z-4156-B
NAME: Greater Second Baptist Church – Conditional Use
Permit
LOCATION: 5901 West 57 th Street
OWNER/APPLICANT: Greater Second Baptist Church/
Fred Harvey, Administrator
PROPOSAL: A conditional use permit is requested to allow for use
of the residential structure on this R-2 zoned lot as a
food pantry, church office and meeting space and
storage for the church which is located across West
57 th Street.
1. SITE LOCATION:
The site is located on the south side of West 57 th Street; first house east of
Geyer Springs Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the edge of a residential neighborhood; with
non-residential uses adjacent to the north, south and west. A large church
(the applicant) is located across West 57 th Street to the north. The church
has a parking lot that wraps around the west and south sides of this
property. Non-residential uses and zoning are located across Geyer
Springs to the west. The church is proposing no changes to the site other
than for remodeling to the house that is necessary to accommodate the
use change. Parking will occur on the adjacent church parking lot. There
will be no outdoor activities. Using the house as proposed by the church
should be compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress and Geyer
Springs Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The site contains a single-wide driveway and a carport that is typical of a
single family residence. The church’s proposed use would typically
require 3 – 4 parking spaces. A large, paved church parking lot wraps
around the west and south sides of this site. Parking for the various uses
proposed for this site will take place on the existing church parking lot. No
additional parking will be required on this lot.
February 26, 2015
ITEM NO.: 3 (Cont.) FILE NO.: Z-4156-B
2
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that W. 57th St. for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No Objection.
Entergy: Does not object to this program. Electrical service is currently
provided from a power line/transformer on the eastern edge of the lot via
an OH service line to the structure (east side attachment point).
Centerpoint Energy: No comment received.
AT&T: No comment received.
Water: No Objection
Fire Department: Maintain fire apparatus access roads at fire hydrant
locations as per Appendix D of the 2012 Arkansas Fire Prevention Code
Vol. 1 Section D103.1 Access road width with a hydrant . Where a fire
hydrant is located on a fire apparatus access road, the minimum road
width shall be 26 feet, exclusive of shoulders.
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal’s Office (Capt. Tony Rhodes 501-918-3757). Number and
Distribution of Fire Hydrants as per Table C105.1.
Building Codes: Project is subject to full commercial plan review approval
prior to issuance of a building permit. For information on submittal
requirements and the review process, contact a commercial plans
examiner.
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org
February 26, 2015
ITEM NO.: 3 (Cont.) FILE NO.: Z-4156-B
3
Note: HC Ramp, Operable Windows, Smoke Detectors, Fire Extinguishers
will be required at this location.
County Planning: No comments.
CATA: This area is not currently served by CATA. No impact to service
or pedestrian way access to the route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 4, 2015)
Rev. David Featherstone and Velma Randolph were present representing the
church. Staff presented the item and asked for additional information on a few
issues related to the application. The applicants responded that there would be
no signage on the site, that there would be no outdoor activities on the site and
the only change to the site would be the addition of a handicap ramp to the
building. The applicants stated the office use would be Monday through Friday,
8:00 a.m. – 5:00 p.m. and the food pantry distribution would be 10:00 a.m. –
noon, one Thursday per month.
Public Works Comment was discussed and the utility, building code and Fire
Department Comments were presented.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Greater Second Baptist Church, located at 5615 Geyer Springs Road, is
requesting approval of a conditional use permit to allow for use of the residence
located across 57 th Street, at 5901 West 57 th Street, for a limited number of
church activities. The property contains a one-story, frame residential structure.
The church is proposing to use the house for its food pantry ministry, church
office space, meeting space and storage. No changes will be made to the site
other than required changes to the structure to accommodate the change in
occupancy.
The food pantry ministry consists of food collection, storage and distribution.
Distribution is to occur on Thursday per month, from 10:00 a.m. – noon. The
church office uses will occur Monday through Friday, 8:00 a.m. – 5:00 p.m.
Occasional meetings will take place in the building throughout the week. No
signage will be placed on the site. There will be no outdoor activities on the site.
February 26, 2015
ITEM NO.: 3 (Cont.) FILE NO.: Z-4156-B
4
To staff’s knowledge, there are no issues. Staff is supportive of the request.
There is no bill of assurance for this acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with
the comments and conditions outlined in Sections 5 and 6 of the agenda staff
report.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to the conditions 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. The vote
was 8 ayes, 0 noes, 1 absent and 2 open positions.
February 26, 2015
ITEM NO.: 4 FILE NO.: Z-9008
NAME: The Spiritual Assembly of the Baha’is – Conditional
Use Permit
LOCATION: 511 N. Pine Street
OWNER/APPLICANT: The Spiritual Assembly of the Baha’is/
Naadia Shafizadeh, Corresponding Secretary
PROPOSAL: A conditional use permit is requested to recognize the
historical use of this R-3 zoned property as a place of
worship and associated activities. The larger building
is used as the principal place of worship. The smaller
building is used for classroom space, storage and
occasionally as short-term housing for a missionary.
1. SITE LOCATION:
The property is located on the east side of N. Pine Street, one lot north of
Lee Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The Baha’is Center has been located at this site since 1972. The O-3 and
R-5 properties to the south contain a two-story, seven-unit and six-unit
multifamily building respectively. The Pulaski Heights Middle School is
located on the large tract south of Lee Avenue, just south of the site.
Other uses in the immediate vicinity include duplexes and single family
residential. The Baha’i Center proposes no changes to the property. The
proposed CUP will recognize and accommodate the Center’s historical
use of the site. As such, it should continue to be compatible with the
neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Hillcrest Residents Association.
3. ON SITE DRIVES AND PARKING:
The site contains a single-wide driveway that can accommodate
3± stacked vehicles. The applicant states the largest of their assemblies
has about 20 persons, requiring 4 parking spaces based on 1 space per
5 persons for churches in place prior to 1988. The Baha’i Center has
occupied the site for 40 years and parking does not appear to have been
an issue.
February 26, 2015
ITEM NO.: 4 (Cont.) FILE NO.: Z-9008
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No Objection.
Entergy: Does not object to this proposal. Electrical service is currently
provided from the alley in the rear of the property.
Centerpoint Energy:
AT&T: No comment received.
Water: No Objection
Fire Department: Maintain fire apparatus access roads at fire hydrant
locations as per Appendix D of the 2012 Arkansas Fire Prevention Code
Vol. 1 Section D103.1 Access road width with a hydrant . Where a fire
hydrant is located on a fire apparatus access road, the minimum road
width shall be 26 feet, exclusive of shoulders.
Building Codes: Property is a change in occupancy and subject to full
commercial plan review approval prior to occupancy.
Modification to include but are not limited to the following:
1. Smoke Detectors in all sleeping areas and just outside all
sleeping areas.
2. A restroom is required.
3. Occupancy must meet minimum housing standards of the City
of LR.
For information on submittal requirements and the review process, contact
a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org .
February 26, 2015
ITEM NO.: 4 (Cont.) FILE NO.: Z-9008
3
County Planning: No Comments.
CATA: The area is directly served by CATA on two major routes along
Kavanaugh and Lee Avenues. This location is not in our long range
planning.
The proposal may have some impacts to services because a church
without off street parking would attract cars to the spaces available on
street. Excessive parking during service hours impedes the access to the
transit stops in this area.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 4, 2015)
Naadia Shafizadeh was present representing the application. Staff presented the
item and requested additional information regarding signage and typical days
and hours of operation. Staff also asked what the typical number of persons
attending those activities would be. Ms. Shafizadeh responded that the
requested information would be provided. During a discussion of parking,
Ms. Shafizadeh stated parking had never been a problem at the site. It was
noted that the Spiritual Assembly had been at this location since 1972.
Utility, Fire Department and Building Code Comments were noted.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The Spiritual Assembly of the Baha’is of Little Rock is located on the R-2 zoned
property at 511 N. Pine Street. The Baha’i Center has occupied the site as a
place of worship and related activities since 1972; predating the requirement that
churches and similar places of worship obtain a conditional use permit to locate
in a residential zone.
The property contains two structures; a two-story residential structure and a one-
story accessory building. The site contains a single wide driveway with stacked
parking for 3± vehicles.
The larger structure has served as a place of worship and study since 1972.
Care-takers have intermittently resided in the structure. The smaller structure
has intermittently been occupied as a residence over the years the Baha’i Center
has been located on the site. That structure has been vacant for over six
months. The Baha’i Center is requesting approval of a conditional use permit to
February 26, 2015
ITEM NO.: 4 (Cont.) FILE NO.: Z-9008
4
recognize their use of the site as a place of worship and related activities. The
larger building will continue to be used as a place of worship and study. The
smaller building will be used as housing for a missionary. It will also be used as
an extension of the religious activities taking place within the larger building;
primarily as a space for children and youth activities and lessons and as storage
space.
No physical charges to the property are proposed. The site has a small ground
mounted sign and no change in signage is proposed. The main days and times
for activities are every other Thursday during late afternoons, every other
Saturday from 1:00 – 5:00 p.m. and Sunday mornings from 10:00 a.m. – noon.
In addition, there are occasional gatherings on other days and hours. The typical
number of persons attending the site during these activities vary from 2 – 20, but
the more frequent meetings are small in nature and tend to have low numbers of
persons attending, approximately 4 – 10. Although there is limited on-site
parking, it has not been an issue in the 40 years that the Baha’i Center has
occupied the site. No change is being proposed that would substantially affect
attendance.
To staff’s knowledge, there are no outstanding issues. The 1903 bill of
assurance for Pulaski Heights Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with
the comments and conditions outlined in Section 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to the conditions 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. The vote
was 8 ayes, 0 noes, 1 absent and 2 open positions.
February 26, 2015
ITEM NO.: 5
SPRING 2015 ORDINANCE AMENDMENT PACKAGE
SUBJECT: Planning Commission approval of the Spring 2015 Ordinance Amendment
Package
STAFF REPORT:
The proposed amendments were submitted by staff and the River Market Design
Review Committee. Copies of the proposed amendments were sent to an Ordinance
Amendment Contact list of 50 persons and groups; including staff, citizen groups and
neighborhood coalitions and design and development professionals. Those contacted
were asked to submit responses to staff to be forwarded to the Commission.
The package of amendments has reviewed by the Planning Commission’s Plans
Committee on February 4, 2015.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance Amendments.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
Staff presented the item and gave a description of the proposed amendments. Staff
recommended approval of the amendments. There was no one present to speak on the
item and there was no further discussion. The item was placed on the consent agenda
and approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions.
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
ISSUE: The Code requirement to screen dumpsters does not currently include screening of
recycling containers.
CURRENT ORDINANCE LANGUAGE: ( Section 36-523(d) )
Section 36-523. Screening required.
(d) Dumpsters or trash containment areas shall be screened and the screen shall exceed the height
of the dumpster or trash containment area by at least two (2) feet not to exceed eight (8) feet total height.
This requirement may be modified as to location within the buffer when a circumstance unique to a site
indicates that the screening will not serve its intended purpose and may, in some fashion, be
inappropriate.
STAFF REPORT: ( )
On March 4, 2014, the Board of Directors passed Ordinance No. 20,854 mandating that multifamily
housing residences of 100 or more units provide recycling. In some cases large recycling containers,
similar to dumpsters, are being installed. Apart from that Ordinance other businesses have been
installing recycling containers. Ordinance No. 20,854 gives direction on placement of the container but
does not require screening, as is required for dumpsters. Staff believes the screening requirement
should be expanded to include the recycling container.
SUGGESTED TEXT: ( Section 36-523(d) )
Section 36-523. Screening required.
(d) Dumpsters, trash containment areas and dumpster-type recycling containers shall be screened
and the screen shall exceed the height of the dumpster or trash containment area by at least two (2) feet
not to exceed eight (8) feet total height. This requirement may be modified as to location within the buffer
when a circumstance unique to a site indicates that the screening will not serve its intended purpose and
may, in some fashion, be inappropriate.
Page 1
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
ISSUE: The permitted uses in the UU Urban Use District do not include the uses proposed for the
Technology Park. The District also does not permit ancillary outside uses associated with the
growing number of hotels, motels and residential units being developed in the area; including
swimming pools and recreation areas. Areas of outdoor seating are currently limited to restaurants
and do not include bars or lounges.
CURRENT ORDINANCE LANGUAGE: ( Section 36-342.1 (d)(1) )
(1) Permitted uses. Unless otherwise indicated, uses permitted shall include all those allowed in the
residential districts, office districts and commercial districts as “permitted uses” in this chapter. All uses
must be inside or enclosed except areas of outdoor dining as specified below.
Eating places shall be permitted to have an area of outdoor dining subject to compliance with the
following provisions:
a. The area of outdoor dining shall not be located in the public right-of-way, nor shall it obstruct
pedestrian movement, fire lanes, access to any business or areas designated for access by the
physically impaired.
b. The number of seats in the area of outdoor dining shall not exceed 50% of the number of seats
within the eating place.
c. Compliance with applicable state and county health regulations.
d. The area of outdoor dining shall not be located between the building occupied by the eating place and
adjacent residentially zoned properties.
e. This subsection shall not be deemed to permit signage or structural alterations such as canopies or
walls regulated elsewhere in this chapter.
STAFF REPORT: ( )
The UU Urban Use District list of permitted uses include those uses allowed as “permitted uses” in the
residential, office and commercial districts. The State law allowing the creation of the proposed
Technology Park which is to be located downtown specifies certain research and development uses that
are to be permitted. Currently, many of those uses are not specifically designated by the City’s
somewhat dated zoning ordinance. Rather than create a definition for use and then list each use in an
office or commercial district, staff believes it is appropriate to specify that within the UU district, those
uses are permitted by referencing the State statute.
Page 2
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
STAFF REPORT: ( )
Additionally, there are a growing number of hotels, motels and residential uses in the UU district which
have or desire to have outdoor ancillary uses such as a swimming pool or recreation area. The UU
district specifies that most all uses are to be enclosed. Staff believes it is appropriate to accommodate
those ancillary outdoor uses.
Lastly, the UU district does permit restaurants to have a limited area of outdoor dining. The current
language does not take into consideration bars or lounges which might desire some outdoor seating or
roof areas that might be used for outdoor seating and uses associated with a permitted uses within the
building. Staff believes it is appropriate to make allowances for those ancillary uses.
SUGGESTED TEXT: ( Section 36-342.1(d)(1) )
(1) Permitted uses. Unless otherwise indicated, uses permitted shall include all those allowed in the
residential districts, office districts and commercial districts as “permitted uses” in this chapter and those
uses and activities specified in Arkansas Code Title 14, Chapter 144, Research Park Authority Act.
All uses must be inside or enclosed except as specified below:
(a) Eating places, bars and lounges shall be permitted to have an area of outdoor seating subject to
compliance with the following provisions:
1. The area of outdoor seating shall not be located in the public right-of-way, nor
shall it obstruct pedestrian movement, fire lanes, access to any business or
areas designated for access by the physically impaired.
2. The number of seats in the area of outdoor seating shall not exceed 50% of the
number of seats within the eating place, bar or lounge.
3. Compliance with applicable state and county regulations.
4. The area of outdoor seating shall not be located between the building occupied
by the eating place and adjacent residentially zoned properties.
5. This subsection shall not be deemed to permit signage or structural alterations
such as canopies or walls regulated elsewhere in this chapter.
(b) Roof-top outdoor seating, bars or lounges and recreation areas ancillary to a permitted use within
the building.
(c) Swimming pools and recreation areas that are ancillary to a permitted hotel, motel or residential use.
(d) Mobile canteen units when operated in compliance with current planning and development
regulations for such vehicles.
Page 3
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
ISSUE: The definition of Primary Streets in the UU Urban Use area does not include President
Clinton Avenue or River Market Avenue which were East Markham Street and Commerce Street
when the current language was adopted.
CURRENT ORDINANCE LANGUAGE: ( Section 36-2 )
Primary streets means Capitol Avenue, Broadway, Byrd, Center, Chester, Commerce, Cross,
Cumberland, Louisiana, Main, Markham, 9th, Scott, 7th (west of Center), Spring, and State Streets.
STAFF REPORT: ( )
Within the UU district, several streets are designated as “primary streets”. The district regulations specify
that ground mounted mechanical systems and trash pickup be oriented away from primary streets.
Additionally, drive-in or drive-through facilities are not to be visible from or take directed access from
primary streets. The current definition of primary streets does not include President Clinton Avenue or
River Market Avenue which were previously East Markham and Commerce when the definition was
created. Those streets names need to be added.
SUGGESTED TEXT: ( Section 36-2 )
Primary streets means Capitol Avenue, Broadway, Byrd, Center, Chester, Commerce, Cross,
Cumberland, Louisiana, Main, Markham 9th, President Clinton Avenue, River Market Avenue, Scott, 7th
(west of Center), Spring, and State Streets.
Page 4
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
ISSUE: There is potential confusion regarding the placement of allowable wall signs and projecting
signs in the River Market District. Wall sign area and the number of projection signs are dictated by
“primary street building frontage” in the DOD.
CURRENT ORDINANCE LANGUAGE: ( Section 36-353 (c)(2) and 36-353 (e)(1) d )
Sec. 36-353. Signs.
(c) Wall signs located on or facing public street rights of ways or private streets.
(2) Appearance. Signs shall not exceed one-half (1/2) 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.
(e) Projecting signs.
(1) Location.
d. The number of projecting signs shall be limited to one (1) sign per one hundred (100) feet of primary
street frontage per building.
STAFF REPORT: ( )
In the River Market DOD, the area of allowable wall signage is determined by the linear feet of “primary
street building frontage” and the number of allowable projecting signs is determined by the linear feet of
“primary street frontage per building “. This can lead to confusion since “primary streets” are a specific
number of streets in the UU zoning district, which includes the River Market area. Read strictly, it would
appear that wall signs and projecting signs are not permitted unless they front on one of these
specifically named streets. That was not the intent. The intent was to mirror the language elsewhere in
the code which dictates size and placement of building signage based on the area of the building façade
facing street frontage.
SUGGESTED TEXT: ( Section 36-2 )
Sec. 36-353. Signs.
(c) Wall signs located on or facing public street rights of ways or private streets.
(2) Appearance. Signs shall not exceed one-half (1/2) of a square foot of sign area for each linear
foot of street building frontage, not exceeding twenty-five (25) square feet per sign.
(e) Projecting signs.
(1) Location.
d. The number of projecting signs shall be limited to one (1) sign per one hundred (100) feet of street
frontage per building.
Page 5
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
ISSUE: The River Market Design Review Committee is recommending approval of a proposal to
change the way building height is measured in the River Market Design Overlay District.
CURRENT ORDINANCE LANGUAGE: ( Section 36-356 (d)(1) )
Sec. 36-356. Building form.
(d) Style and form
(1) Height regulations. No building hereafter erected or structurally altered shall exceed a height of sixty
(60) feet.
STAFF REPORT: ( )
In 2010, the height was increased in the River Market Design Overlay District (DOD) from four stories in
height or a total height of 48 feet to a total height of 60 feet. The removal of the listing of number of floors
was also removed from the UU Urban Use zoning at the time. It was thought that the listing of both
variables was ambiguous. These new regulations of 60 feet maximum let owners and architects set and
vary the heights of individual floors as long as they stayed under the 60 feet maximum. This review and
possible ordinance revision will not change the 60' maximum height, but modify how to measure height in
this DOD.
The City of Little Rock Municipal Code in Sec 36-2. Definitions defines height as follows:
Building height means the vertical distance as measured through the central axis of the building from the.
elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of
a gable, hip or a gambrel roof. This definition shall not be deemed to include church steeples, bell towers,
antennas, chimneys, or other similar structural embellishments.
The Hillcrest DOD is the only area that measures height differently. It is measured as follows in Sec. 36-
434.11 Definitions:
Grade plane. A reference plane representing the average of finished ground level adjoining the building
at exterior walls. The reference plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than six (6) feet from the building, between the
building and a point six (6) feet from the building. A minimum of four (4) points, each from a different side
of the building, shall be used in this calculation.
Sec. 36-434.14. - Single-family and two-family developments. (Hillcrest DOD) Building height and ridge-
line elevations. Maximum building height shall be thirty-nine (39) feet, measured from the "grade plane"
to the ridge-line 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.
Page 6
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
STAFF REPORT: ( )
Sec. 36-434.15 . - Multifamily and nonresidential developments. (Hillcrest DOD) Height. Maximum
building height shall be thirty-nine (39) feet, measured from the ''grade plane" to the ridge line of the
highest roof surface or parapet wall.
Under the typical definition of building height in Little Rock, finished below-grade space counts toward the
overall building height. Under the Hillcrest definition, the focus is more on what is visible above the grade
of the property. Under the proposal supported by the River Market DRC and Staff, buildings in the DOD
could have below grade finished space not count toward building height.
SUGGESTED TEXT: ( )
Sec. 36-356. Building form.
(d) Style and form
(1) Height regulations. No building hereafter erected or structurally altered shall exceed a height of sixty
(60) feet. Building height shall be defined, for the purpose of the River Market Design Overlay
District, as the vertical distance from the highest point of the centerline of abutting private and public
street frontages to the highest point of the roof or parapet wall. All structural embellishments as
defined by Sec. 36-2 Definitions shall be review by the River Market Design Review Committee for
compliance.
Page 7
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
ISSUE: There are references to Commerce Street in the River Market Design Overlay District
provisions regarding landscaping, curb cuts and view corridors. Commerce Street has been renamed
River Market Avenue.
CURRENT ORDINANCE LANGUAGE: ( )
Sec. 36-358. Landscaping.
(a) Plant materials.
(3) Commerce Street from President Clinton Avenue to Second Street shall be Acer X Freemanii
“Jeffersred,” autumn blaze maple trees.
Sec. 36-362. Curb cuts.
(a) Location.
(1) New curb cuts on President Clinton Avenue are prohibited.
(2) Existing curb cuts on President Clinton Avenue, Commerce, Sherman and Rock Streets shall be
removed or minimized to reduce conflict with pedestrian traffic.
Sec-36-365. Views.
(a) Corridors. New construction shall be designed to preserve all view corridors including the
President Clinton Avenue corridor and the Commerce Street corridor.
STAFF REPORT: ( )
Within the River Market District Design Overlay District provisions, there are still references to Commerce
Street. On March 2, 2010, Commerce Street, from President Clinton Avenue south to East Capitol
Avenue, was renamed River Market Avenue. These sections of the River Market DOD need to be
amended to reflect the new street name.
Page 8
PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE
SUGGESTED LANGUAGE: ( )
Sec. 36-358. Landscaping.
(a) Plant materials.
(3) River Market Avenue from President Clinton Avenue to Second Street shall be Acer X Freemanii
“Jeffersred,” autumn blaze maple trees.
Sec. 36-362. Curb cuts.
(a) Location.
(1) New curb cuts on President Clinton Avenue are prohibited.
(2) Existing curb cuts on President Clinton Avenue, River Market Avenue, Sherman and Rock
Streets shall be removed or minimized to reduce conflict with pedestrian traffic.
Sec. 36-365. Views.
(a) Corridors. New construction shall be designed to preserve all view corridors including the
President Clinton Avenue corridor and the River Market Avenue corridor.
Page 9
February 26, 2015
ITEM NO.: 6 FILE NO.: MSP15-01
Name: Master Street Plan Amendment - I-430 Planning District
Location: 36th Street and Bowman Road
Request: Remove Proposed Collector
Source: Tim Daters, White Daters
PROPOSAL / REQUEST:
A Master Street Plan amendment in the I-430 Planning District to Remove a Proposed
Collector.
CURRENT MASTER STREET PLAN:
A Proposed Collector is shown on the Master Street Plan connecting 36th Street and
Bowman Road in the northeast quadrant of that intersection. The proposed Collector is
shown north from the midpoint on 36th between I-430 and Bowman. It curves to the
west and intersects Bowman Road just south of Brook Forest Drive in the Sandpiper
Creek Addition to the north. The primary function of a Collector Street is to provide a
connection from Local Streets to Arterials.
Both 36th Street and Bowman Road are shown as Minor Arterials in this vicinity.
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 Minor
Arterials. These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
FUTURE LAND USE PLAN:
The property between I-430 and Bowman Road north of 36th and south of the
residential subdivision is shown as Mixed Use except for a small parcel along the
north side of 36th that is shown as Mixed Office Commercial. At the proposed
Collector’s intersection with 36th, the south side of 36th is also shown as Mixed Office
Commercial. At the proposed Collector’s intersection with Bowman, the west side of
Bowman Road is shown as Residential Medium Density. Suburban Office is shown
west of the intersection of 36th and Bowman.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
February 26, 2015
ITEM NO.: 6 (Cont.) FILE NO.: MSP15-01
2
PUBLIC WORKS COMMENTS:
The recently dedicated public right-of-way, which is a portion of the proposed collector
located on the north side of W. 36th St., should be abandoned. Access, drainage, and
utility easements should be maintained in place of the public right-of-way.
ANALYSIS:
This area of Little Rock with its scattered development still has a rural feel to it. The
parcel in question was approved for a Planned Development-Residential (PD-R) with
500 units of multi-family with three phases. This development, along with Rock Creek
Church, comprises over 75% of the area shown as Mixed on the plan.
A Collector Street, by definition, provides a connection from Local Streets to Arterials.
With these two developments encompassing the majority of the land in that quadrant,
there are no local streets currently and none anticipated to be built. The church’s
property is roughly the eastern half of the area between I-430, 36th, Shady Ridge Drive
and Bowman Road. The property line is where the Collector intersects 36th Street.
The apartments have the majority of the western half with the exception of the corner
at 36th and Bowman. With these two large property owners, no public streets are
anticipated. The traffic network for the apartment complex and the church are internal
to their developments. The last parcel, at the northeast corner of Bowman and 36th
has frontage on both streets, so no local streets may be necessary depending on the
development pattern.
The apartments and the church share an entrance where the proposed Collector
intersects 36th Street. This will be a proposed secondary entrance to the apartments
and one of two existing entrances to the church.
With the zoning of the area, if a local street were to be built, it would be built to a
“commercial” standard, which is the same street section as a Collector street.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Sandpiper and John
Barrow. Staff has received no comments from area residents or neighborhood
associations.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate. With the proposed and existing developments,
a Collector Street is not necessary at this location.
February 26, 2015
ITEM NO.: 6 (Cont.) FILE NO.: MSP15-01
3
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
The item was placed on the consent agenda for approval. The motion passed with a
vote of 8 ayes, 0 noes, 1 absent and 2 open positions.
February 26, 2015
ITEM NO.: 7 FILE NO.: A-325
NAME: Port Harbor Annexation
REQUEST: Accept 27 acres plus or minus to the City
LOCATION: Along the Arkansas River, east of Industrial Harbor Drive
SOURCE: Bryan Day, Executive Director Little Rock Port Authority
GENERAL INFORMATION:
• The County Judge set a hearing on the annexation for February 25, 2015.
• The area requesting annexation is primarily vacant with one structure at
the end of Industrial Harbor Drive.
• There is one property owner.
• The site is contiguous to the City of Little Rock along a portion of its
northern and western boundaries.
• The annexation request is to obtain City services.
• The site is arc shaped along the western bank of the Arkansas River, east
of Industrial Harbor Drive.
• Currently the property is not zoned, however the applicant has requested
that the 27 acres be zoned I-3, Heavy Industrial as the land currently
within the City at this location is zoned.
• The property owners have developed a portion of the land for the Port
Authority offices and is marketing the remaining areas for future industrial
related uses.
AGENCY COMMENTS:
Public Safety:
Fire: No Comment Received.
Police: The Little Rock Police Department has indicated they have no issues with
this annexation.
February 26, 2015
ITEM NO.: 7 (Cont.) FILE NO.: A-325
2
Infrastructure and Community Facilities:
Central Arkansas Transit: Central Arkansas Transit has indicated they have no
issues with the requested annexation.
Parks and Recreation: No Comment Received.
Public Works: The Solid Waste Division of Public W orks indicated they have no
issues with this annexation. Public Works, Engineering has indicated they have
no issues with the annexation.
Utilities:
Central Arkansas Water: No Comment Received.
Entergy: Entergy Arkansas (Distribution Engineering) has indicated they have no
issues with the annexation.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater Utility has no issues with this
annexation.
Southwestern Bell: No Comment Received.
Schools:
Little Rock: No Comment Received.
The annexation is within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is not within the Pulaski County Special School District.
ANALYSIS:
The site is mostly undeveloped and open fields between Industrial Harbor Drive
and the Arkansas River with a rail spur bisecting it. The offices of the Little Rock
Port Authority are located at the end of Industrial Harbor Drive and are within the
annexation area. The remainder of the area is undeveloped. The Little Rock
Port Authority is marketing this land for industrial developments which would use
the port facilities for a portion or all of their transportation needs. The annexation
area and surrounding areas are part of the Little Rock Port and have been for
several decades.
February 26, 2015
ITEM NO.: 7 (Cont.) FILE NO.: A-325
3
The adjacent areas were annexed to the City of Little Rock in July 1979. The
Slack Water Harbor which crosses the annexation area was constructed in 1987.
The materials from dragging this Slack Water Harbor were used to partial fill
areas around the harbor, including the annexation area.
The land to be annexed, due in part to its configuration, would likely be
developed along with lands currently in the City for any future industrial
development. The tracts of land the Port authority is marketing would front along
Industrial Harbor Drive (which is inside the City) and continue in to the area
under consideration for annexation.
Staff of the Little Rock Port Authority recently discovered that this arc of land had
not been annexed. After discussions with City Staff and verification of ownership
and legal descriptions, it was determined the ‘arc of land’ had not previously
been annexed as some had assumed. Since the Port Authority offices are
within the area and future building sites overlap into the area, the Authority is
now requesting to have this land annexed. Pulaski County Planning has
indicated that they have no issues with the annexation of this land to the City of
Little Rock.
There is an existing force main (2-inch) along Industrial Harbor Drive that would
service any use that might be located on the land to be annexed. There also is
an existing water line (12-inch) along Industrial Harbor Drive. These utilities were
installed to service the annexation area as well as the areas currently in the City.
The closest mass transit route is Route 20-Airport College Station. It goes along
Fourche Dam Pike, crossing Lindsey Road. Via public street, Route 20 is some
one and three-quarters of a mile from the annexation area.
Fire Station 4 is located on Lindsey Road just east of Fourche Dam Pike and
services the Little Rock Port area. That station is just under 2-miles via existing
streets from the annexation area.
The surrounding areas are zoned I-3, Heavy Industrial and are part of the Port
Industrial District. The tracts that will be developed in the future will likely include
land from the annexation with lands that are already within the City Limits. The
applicant has requested that the land be classified the same as the rest of their
ownership. Since the area is part of an industrial park where the land is zoned
I-3, Heavy Industrial, it would appear reasonable to also zone this land I-3, Heavy
Industrial.
Staff Recommendation:
Approval of both the annexation and classification to I-3, Heavy Industrial.
February 26, 2015
ITEM NO.: 7 (Cont.) FILE NO.: A-325
4
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
This item was placed on the consent agenda for approval. By a vote of 8 for,
1 absent and 2 open positions the consent agenda was approved.
February 26, 2015
ITEM NO.: 8 FILE NO.: LU14-02
Name: Eastern Area Land Use Plan Amendment
Location: East of Union Pacific Rail line/Interstate 530
Request: Various
Source: Staff
PROPOSAL / REQUEST:
As part of the City’s efforts to keep the Future Land Use Plan current, Staff reviewed the
Plan in the area east of Union Pacific Rail line/Interstate 530. The package has twenty-
one areas with changes; each area has from one to ten changes:
Area 1 is east of Battery from 12 th to 13 th Streets. The change is from Mixed Office
Commercial to Public Institutional. Public Institutional includes public and quasi-public
facilities that provide a variety of services to the community such as schools, libraries,
fire stations, churches, utility substations, and hospitals.
Area 2 is the southeast corner of Dr. Martin Luther King Jr, Drive and 13 th Street. The
change is from Public Institutional to Mixed Office Commercial. Mixed Office
Commercial provides for a mixture of office and commercial uses to occur. Acceptable
uses are office or mixed office and commercial. A Planned Zoning District is required if
the use is mixed office and commercial.
Area 3 is generally along Ringo and Chester Streets from 12 th to 15 th Streets. There are
three changes in this area. Change 03A is from Residential Low Density to Mixed Use
(12 th and Ringo). Mixed Use provides for a mixture of residential, office and commercial
uses to occur. A Planned Zoning District is required if the use is entirely office or
commercial or if the use is a mixture of the three. Change 03B is from Public
Institutional to Commercial (Ringo – Daisy L Gatson Bates Drive). The Commercial
category includes a broad range of retail and wholesale sales of products, personal and
professional services, and general business activities. Commercial activities vary in type
and scale, depending on the trade area that they serve. Change 03C is from
Residential Low Density, Mixed Use, and Commercial to Public Institutional. Public
Institutional includes public and quasi-public facilities that provide a variety of services
to the community such as schools, libraries, fire stations, churches, utility substations,
and hospitals.
Area 4 is generally along Dr. Martin Luther King Jr, Drive between 15 th and 17 th Streets.
There are two changes in this area. Change 04A is from Residential Low Density to
Public Institutional (either side of Dr. Martin Luther King Jr, Drive south of 15 th Street).
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
2
Public Institutional includes public and quasi-public facilities that provide a variety of
services to the community such as schools, libraries, fire stations, churches, utility
substations, and hospitals. The second change (04B) is from Mixed Use and
Residential Low Density to Public Institutional (east of Dr. Martin Luther King Jr, Drive
between 16 th and 17 th Streets). Public Institutional includes public and quasi-public
facilities that provide a variety of services to the community such as schools, libraries,
fire stations, churches, utility substations, and hospitals.
Area 5 is west of Izard Street between 17 th Street and Wright Avenue. The change is
from Residential Low Density to Public Institutional. Public Institutional includes public
and quasi-public facilities that provide a variety of services to the community such as
schools, libraries, fire stations, churches, utility substations, and hospitals.
Area 6 is between Park and Schiller Streets, north of 26 th Street. The change is from
Residential Low Density to Public Institutional. Public Institutional includes public and
quasi-public facilities that provide a variety of services to the community such as
schools, libraries, fire stations, churches, utility substations, and hospitals.
Area 7 is west of Ringo, at 30 th Street. The change is from Park/Open Space to
Residential Low Density. Residential Low Density provides for single family homes at
densities not to exceed 6 units per acre. Such residential development is typically
characterized by conventional single family homes, but may include patio or garden
homes and cluster homes, provided that the density remain less than 6 units per acre.
Area 8 is generally either side of 33 rd Street from Fulton to Arch Street. There are three
changes in this area. Change 08A is from Residential Low Density to Park/Open Space
(south of 33 rd Street, Fulton to Izard). Park/Open Space includes all public parks,
recreation facilities, greenbelts, flood plains, and other designated open space and
recreational land. Change 08B is from Residential Low Density to Public Institutional
(both sides of Riffel Street). Public Institutional includes public and quasi-public facilities
that provide a variety of services to the community such as schools, libraries, fire
stations, churches, utility substations, and hospitals. Change 08C is from Mixed Use to
Public Institutional (north of 34 th Street, Gaines to Arch). Public Institutional includes
public and quasi-public facilities that provide a variety of services to the community such
as schools, libraries, fire stations, churches, utility substations, and hospitals.
Area 9 is south of Roosevelt Road, Louisiana to Main Street. The change is from Mixed
Use and Commercial to Public Institutional. Public Institutional includes public and
quasi-public facilities that provide a variety of services to the community such as
schools, libraries, fire stations, churches, utility substations, and hospitals.
Area 10 is generally north of Roosevelt Road to 23 rd Street, east of Interstate 30 to
Rock Street. There are two changes in this area. Change 10A is from Residential Low
Density to Public Institutional (north of 23th Street, Commerce to Interstate 30). Public
Institutional includes public and quasi-public facilities that provide a variety of services
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
3
to the community such as schools, libraries, fire stations, churches, utility substations,
and hospitals. Change 10B is from Mixed Office Commercial to Mixed Use (Roosevelt
Road to 24 th Street, Commerce to Sherman Streets). Mixed Use provides for a mixture
of residential, office and commercial uses to occur. A Planned Zoning District is required
if the use is entirely office or commercial or if the use is a mixture of the three.
Area 11 is generally from Gaines to Spring Street, 15 th to 17 th Streets. There are two
changes in this area. Change 11A is from Public Institutional to Residential Low Density
(both sides of Arch Street, 15 th to 16 th Streets). Residential Low Density provides for
single family homes at densities not to exceed 6 units per acre. Such residential
development is typically characterized by conventional single family homes, but may
include patio or garden homes and cluster homes, provided that the density remain less
than 6 units per acre. Change 11B is from Residential Low Density to Public
Institutional (southwest of 16 th and Spring Streets). Public Institutional includes public
and quasi-public facilities that provide a variety of services to the community such as
schools, libraries, fire stations, churches, utility substations, and hospitals.
Area 12 is generally from Bender to Calhoun and E 9th Street to Capitol Avenue. There
are two changes in this area. Change 12A is from Residential Medium Density to Public
Institutional (Bender to Reichardt Street, Capitol Avenue to 6 th Street). Public
Institutional includes public and quasi-public facilities that provide a variety of services
to the community such as schools, libraries, fire stations, churches, utility substations,
and hospitals. Change 12B is from Residential Medium Density to Light Industrial
(south of 9 th Street and east of Calhoun). Light Industrial provides for light warehouse,
distribution or storage uses, and/or other industrial uses that are developed in a well-
designed "park like" setting.
Area 13 is generally the area from 9 th to 13 th Streets, College to Thomas Street. There
are three changes in this area. Change 13A is from Residential Medium Density to
Light Industrial (south of 9 th Street, west of rail spur line). Light Industrial provides for
light warehouse, distribution or storage uses, and/or other industrial uses that are
developed in a well-designed "park like" setting. Change 13B is from Residential
Medium Density to Residential High Density (10 th to 13 th Streets, east of Hanger).
Residential High Density accommodates residential development of more than twelve
(12) dwelling units per acre. Change 13C is from Residential Medium Density to Public
Institutional (both sides for 12 th Street, west of Hanger Street). Public Institutional
includes public and quasi-public facilities that provide a variety of services to the
community such as schools, libraries, fire stations, churches, utility substations, and
hospitals. Change 13D is from Residential Medium Density to Mixed Use Urban (south
of 9 th Street, east of Shall Street). Mixed Use Urban provides for a mix of residential,
office and commercial uses not only in the same block but also within the same
structure. This category is intended for older "urban" areas to allow dissimilar uses to
exist, which support each other to create a vital area. Development should reinforce the
urban fabric cresting a 24-hour activity area. Using the Planned Zoning District or the
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
4
Urban Use District, high and moderate density developments that result in a vital
(dense) pedestrian oriented area are appropriate.
Area 14 is west of Security from of 16 th Street to 18 th Street. The change is from
Residential Low Density to Industrial. Industrial encompasses a wide variety of
manufacturing, warehousing research and development, processing, and industry
related office and service activities. Industrial development typically occurs on an
individual tract basis rather than according to an overall development plan.
Area 15 is generally the area from Springer Boulevard to Rodgers Street, State
Highway 365 to Edge Street. There are six changes in this area. Change 15A is from
Park/Open Space to Residential Low Density (Edge to Willard Street, south of Springer
Boulevard). Residential Low Density provides for single family homes at densities not to
exceed 6 units per acre. Such residential development is typically characterized by
conventional single family homes, but may include patio or garden homes and cluster
homes, provided that the density remain less than 6 units per acre. Change 15B is from
Industrial to Residential Low Density (Willard Street to ‘3M’ Street, south of Springer
Boulevard). Residential Low Density provides for single family homes at densities not
to exceed 6 units per acre. Such residential development is typically characterized by
conventional single family homes, but may include patio or garden homes and cluster
homes, provided that the density remain less than 6 units per acre. Change 15C is from
Industrial to Park/Open Space (Willard Street to ‘3M’ Street, south of Springer
Boulevard). Park/Open Space includes all public parks, recreation facilities, greenbelts,
flood plains, and other designated open space and recreational land. Change 15D is
from Park/Open Space to Industrial (Carolina to Willard, south of Springer Boulevard).
Industrial encompasses a wide variety of manufacturing, warehousing research and
development, processing, and industry related office and service activities. Industrial
development typically occurs on an individual tract basis rather than according to an
overall development plan. Change 15E is from Industrial to Park/Open Space (Edge to
Carolina north of King Road). Park/Open Space includes all public parks, recreation
facilities, greenbelts, flood plains, and other designated open space and recreational
land. Change 15F is from Industrial to Mining (King to Rogers, west of State Highway
365). Mining provides for the extraction of various natural resources such as bauxite,
sand, gravel, limestone, granite or other. Mining uses will include assurances that these
resources be properly managed so as not to create a hazard, nuisance or the
disfigurement or pollution of the land.
Area 16 is generally the area west of State Highway 365, Wilson Street to Neely Road.
There are two changes in this area. Change 16A is from Residential Low Density to
Service Trades District (west of State Highway 365, south of Wilson Street). The
Service Trades District provides for a selection 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 Zoning District is required for any development
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
5
not wholly office. Change 16B is from Residential Low Density to Public Institutional
(west of State Highway 365, north of Neely Road). Public Institutional includes public
and quasi-public facilities that provide a variety of services to the community such as
schools, libraries, fire stations, churches, utility substations, and hospitals.
Area 17 is generally the area north of Dixon Road and east of Interstate 530. There are
two changes in this area. Change 17A is from Industrial to Mining (both sides of
Shamburger Lane, east of Interstate 530). Mining provides for the extraction of various
natural resources such as bauxite, sand, gravel, limestone, granite or other. Mining
uses will include assurances that these resources be properly managed so as not to
create a hazard, nuisance or the disfigurement or pollution of the land. Change 17B is
from Commercial to Industrial (northeast of Dixon Road and Shamburger Lane).
Industrial encompasses a wide variety of manufacturing, warehousing research and
development, processing, and industry related office and service activities. Industrial
development typically occurs on an individual tract basis rather than according to an
overall development plan.
Area 18 is generally the area south of Dixon Road between Interstate 530 and State
Highway 365. There are ten changes in this area. Change 18A is from Commercial,
Mining, and Residential Low Density to Mixed Use (along SE Willie Thomas Road).
Mixed Use provides for a mixture of residential, office and commercial uses to occur. A
Planned Zoning District is required if the use is entirely office or commercial or if the use
is a mixture of the three. Change 18B is from Mining to Residential Low Density (south
of Dixon Road, Wright Road to Willie Thomas Road). Residential Low Density provides
for single family homes at densities not to exceed 6 units per acre. Such residential
development is typically characterized by conventional single family homes, but may
include patio or garden homes and cluster homes, provided that the density remain less
than 6 units per acre. Change 18C is from Mining to Residential Medium Density (south
east of Wright and Dixon Roads). Residential Medium Density accommodates a broad
range of housing types including single family attached, single family detached, duplex,
town homes, multi-family and patio or garden homes. Any combination of these and
possibly other housing types may fall in this category provided that the density is
between six (6) and twelve (12) dwelling units per acre. Change 18D is from
Commercial to Residential Medium Density (east of W right and Dixon Roads).
Residential Medium Density accommodates a broad range of housing types including
single family attached, single family detached, duplex, town homes, multi-family and
patio or garden homes. Any combination of these and possibly other housing types may
fall in this category provided that the density is between six (6) and twelve (12) dwelling
units per acre. Change 18E is from Residential High Density to Residential Medium
Density (north of Daugherty Road). Residential Medium Density accommodates a
broad range of housing types including single family attached, single family detached,
duplex, town homes, multi-family and patio or garden homes. Any combination of these
and possibly other housing types may fall in this category provided that the density is
between six (6) and twelve (12) dwelling units per acre. Change 18F is from Mining to
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
6
Commercial (south east of Wright and Dixon Roads). Commercial includes a broad
range of retail and wholesale sales of products, personal and professional services, and
general business activities. Commercial activities vary in type and scale, depending on
the trade area that they serve. Change 18G is from Commercial to Residential Medium
Density (south of Daugherty Road). Residential Medium Density accommodates a
broad range of housing types including single family attached, single family detached,
duplex, town homes, multi-family and patio or garden homes. Any combination of these
and possibly other housing types may fall in this category provided that the density is
between six (6) and twelve (12) dwelling units per acre. Change 18H is from Mining to
Residential Low Density (northwest of Williams and German Roads). Residential Low
Density provides for single family homes at densities not to exceed 6 units per acre.
Such residential development is typically characterized by conventional single family
homes, but may include patio or garden homes and cluster homes, provided that the
density remain less than 6 units per acre. Change 18I is from Mining and Residential
Low Density to Agriculture (Interstate 530 to German Road, south of Dixon Road). The
agricultural encourages the continuation of agricultural uses for a transition between
rural areas and the urban fringe. Change 18J is from Residential Low Density to
Agriculture (Interstate 530 to German Road, north of Crist). The agricultural
encourages the continuation of agricultural uses for a transition between rural areas and
the urban fringe.
Area 19 is north east of East Port Drive and Fourche Damn Pike Road. The change is
from Commercial and Park Open Space to Public Institutional. Public Institutional
includes public and quasi-public facilities that provide a variety of services to the
community such as schools, libraries, fire stations, churches, utility substations, and
hospitals.
Area 20 is the area at the end of Birdwood Drive. The change is from Industrial and
Park/Open Space to Public Institutional. Public Institutional includes public and quasi-
public facilities that provide a variety of services to the community such as schools,
libraries, fire stations, churches, utility substations, and hospitals.
Area 21 is the area both sides of 9 th Street, east of Rock Street. The change is from
Residential Medium Density to Mixed Use. Mixed Use provides for a mixture of
residential, office and commercial uses to occur. A Planned Zoning District is required if
the use is entirely office or commercial or if the use is a mixture of the three.
ANALYSIS:
The Planning and Development staff began reviewing this area in August 2014. The
existing development pattern, as well as existing zoning and recent re-classification
actions were reviewed. After field visits and staff discussions, letters were sent to all
neighborhood associations in the area asking for suggested changes in the area. Only
a couple informational calls were received. Staff then developed a package of changes
and identified affected property owners. All the affected property owners were
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
7
contacted about the possibility of changing the Land Use Plan designation of their
property in November 2014. Staff received numerous phone calls and email responses
to that letter notifying them of the proposed changes. Most contacts were informational
only. There were several written requests not to make the suggested change for their
property (east of Shall, south of 9 th Street - proposed change from Residential Medium
Density to Light Industrial; and at the east end of East Port Drive – proposed change
from Industrial to Commercial.) Staff modified the package removing the East Port
Drive area from the package. The final package of changes was developed and
property owners together with neighborhood associations were contacted in January
2015 about the public hearing to consider the changes.
Staff believes this package of changes is a ‘clean-up’ to more accurately reflect the
current and likely future development pattern in the area of the changes. This resulting
‘package’ of changes should create a more accurate Future Land Use Plan that all can
use, whether public or private.
Area 1 is east of Battery Street from 12 th to 13 th Streets. The change is from Mixed
Office Commercial to Public Institutional. To the north, south and east is O-2 (Office
and Institutional District) with some O-3 (General Office District) zoning. To the north
and east are parking lots and buildings which are part of Arkansas Children’s Hospital
campus. To the south is undeveloped land owned by the hospital. To the west is, C-3
(General Commercial) with a former grocery store, currently owned by the hospital and
last used for as an office and child care facility. The area of change is zoned O-2
(Office and Institutional District) and owned by Children’s Hospital. Children’s Hospital
intends to develop support uses on this property related to their overall campus.
Area 2 is the southeast corner of Dr. Martin Luther King Jr, Drive and 13 th Street. The
change is from Public Institutional to Mixed Office Commercial. To the north, south and
west is O-2 (Office and Institutional District) with some O-3 (General Office District), C-3
(General Commercial) and PCD (Planned Commercial District). The areas are partially
developed with commercial and office developments with some vacant land. To the
East is R-4 (Two-Family District) zoning with single family detached homes. The
Change area is zoned O-3 (General Office District) and has a parking lot for a
neighboring building on it. Based on the existing uses and zoning pattern the most
likely future development pattern of this area is some mixed of office and/or commercial
uses making the Mixed Office Commercial classification most appropriate.
Area 3 is generally along Ringo and Chester Streets from 12 th to 15 th Streets. In all
directions is R-4 (Two-Family District) zoning with single family detached homes.
Along Chester and Daisy Gatson Bates Drive there is O-3 (General Office District), C-3
(General Commercial) and I-2 (Light Industrial District) zoning with businesses and
parking. Change 03A is from Residential Low Density to Mixed Use (12 th and Ringo)
and is zoned O-3 (General Office District) and O-1 (Quiet Office District) with a
Conditional Use permit. The existing use is for parking and storage related to the
primary use along Chester Street (a funeral home). A change to Mixed Use as the
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
8
property is along Chester would be a more appropriate Land Use designation. Change
03B is from Public Institutional to Commercial (Ringo – Daisy L Gatson Bates Drive).
The change area is zoned I-2 (Light Industrial District) and is a commercial building with
retail uses making the Commercial designation more appropriate. Change 03C is from
Residential Low Density, Mixed Use, and Commercial to Public Institutional. The
change area is C-3 (General Commercial District) and R-4 (Two-Family District) zoning
with parking lots on the site for a church and Philander Smith College making the Public
Institutional designation more appropriate.
Area 4 is generally along Dr. Martin Luther King Jr, Drive between 15 th and 17 th Streets.
There are two changes in this area. To the east is mostly R-3 (Single Family District)
and R-4 (Two-Family District) zoned land, with single family detached homes. Along
Dr. Martin Luther King to the north is C-3 (General Commercial District) and PCD
(Planned Commercial District) zoning with businesses. To the south is R-3 (Single
Family District) and R-4 (Two-Family District) zoned land with C-3 (General Commercial
District) at the intersection with Roosevelt Road. There are single-family homes and
vacant tracks on this land with some commercial uses at the major intersection to the
south. Change 04A is from Residential Low Density to Public Institutional (both sides of
Dr. Martin Luther King Jr, Drive south of 15 th Street) and is R-3 (Single Family District)
and R-4 (Two-Family District) with a Conditional Use Permit. There are facilities on the
land related to Arkansas Baptist College, thus Public Institutional is more appropriate for
this land The second change (04B) is from Mixed Use and Residential Low Density to
Public Institutional (east of Dr. Martin Luther King Jr, Drive between 16 th and 17 th
Streets) and is zoned C-3 (General Commercial District) and R-4 (Two-Family District)
with a Conditional Use permit. It is owned by Arkansas Baptist College and is part of
their facilities. This is not likely to change in the future making a Public Institutional
designation more appropriate to the use.
Area 5 is west of Izard Street between 17 th Street and Wright Avenue. The change is
from Residential Low Density to Public Institutional. The surrounding areas are zoned
R-4 (Two-Family District) with single-family homes. There is some C-3 (General
Commercial District) and PCD (Planned Commercial District) zoned property to the west
with businesses hear the Wright Avenue/Chester Street intersection. The change area
is zoned R-4 (Two-Family District) and C-3 (General Commercial District) with a
Conditional Use Permit for a church and related uses. This is not likely to change in the
future making a Public Institutional designation more appropriate to the use.
Area 6 is between Park and Schiller Streets, north of 26 th Street. The change is from
Residential Low Density to Public Institutional. The surrounding areas are mostly zoned
R-3 (Single Family District) and R-4 (Two-Family District). Generally to the west and
southwest is the State Fairgrounds while to the east, north and southeast are single-
family detached homes. There is some O-3 (General Office District) and C-3 (General
Commercial District) to the west owned by the State Fair and part of their development.
While to the northeast along Roosevelt Road is some land zoned C-3 (General
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
9
Commercial District) and PCD (Planned Commercial District), with a former school site
and several smaller structures but residential and non-residential in nature. The change
area is zoned R-3 (Single Family District) and owned by the State Fair. This site is part
of the State Fairgrounds, making the designation of Public Institutional more
appropriate.
Area 7 is west of Ringo at 30 th Street. The change is from Park/Open Space to
Residential Low Density. The surrounding area is mostly zoned R-3 (Single Family
District) with homes and vacant lots. There is a large former school building to the west.
To the southeast is some land zoned PR (Park District) and owned by the City of Little
Rock, part of the Swaggerty Branch Creek. The change area is zoned R-3 Single
Family) with a single family home and vacant tracks of land. The use is likely to be
single-family and not likely to be purchased for future open space making Residential
Low Density the most appropriate designation.
Area 8 is generally either side of 33 rd Street from Fulton to Arch Street. There are three
changes in this area. To the north, northwest, and north east is R-3 (Single Family
District) zoned land with single-family homes and vacant lots. To west and southwest is
PR (Park District) and R-4 (Two-Family District) zoned land, with the closer land
undeveloped open space and beyond that to the west are single-family homes. To the
southeast is I-3 (Heavy Industrial District) zoned land for the railroad and C-1
(Neighborhood Commercial District) and C-3 (General Commercial District) with some
vacant lots and businesses along Arch Street. Change 08A is from Residential Low
Density to Park/Open Space (south of 33 rd Street, Fulton to Izard). This land is currently
zoned R-4 (Two-Family District) and is within the floodway of Swaggerty Branch Creek.
It is either currently parkland or vacant tracts. The best and most appropriate future use
of this land is for open space. Change 08B is from Residential Low Density to Public
Institutional (both sides of Riffel Street). North of Riffel the land is zoned R-4 (Two-
Family District) and to the south is R-3 (Single Family) with Conditional Use permit.
This land is owned and used by Greater Center Star Baptist Church. This is not likely to
change in the future making Public Institutional the most appropriate Land Use
designation. Change 08C is from Mixed Use to Public Institutional (north of 34 th Street,
Gaines to Arch). The site is zoned I-1 (Industrial Park) and C-3 (General Commercial
District) and is a City Parks Department maintenance facility. This use is not likely to
change in the future making Public Institutional the most appropriate Land Use
designation.
Area 9 is south of Roosevelt Road, Louisiana to Main Street. The change is from Mixed
Use and Commercial to Public Institutional. To the south, southwest and southeast is
R-4 (Two-Family District) with single-family homes. To the north is ‘Capitol Zoning’ with
businesses and homes. To the east along Roosevelt Road is C-3 (General Commercial
District) zoned land with businesses and vacant tracts. The change area is zoned R-4
(Two-Family District) and C-3 (General Commercial District) with a Conditional Use
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
10
Permit and developed church related uses. This area is likely to continue with this
development pattern making Public Institutional more appropriate.
Area 10 is generally north of Roosevelt Road to 23 rd Street, east of Interstate 30 to
Rock Street. There are two changes in this area. To the north the land is zoned R-4
(Two-Family District) with single-family homes. To the west is zoned PCD (Planned
Commercial District) and is the site of the former VA Hospital that has been partially
redeveloped for office residential and public uses. To the east is I-2 (Light Industrial
District) zoning with commercial uses along the freeway. To the south along Roosevelt
Road is C-3 (General Commercial District), PCD (Planned Commercial District), and
PDC (Planned District Commercial) zoned land with businesses and vacant parcels.
Change 10A is from Residential Low Density to Public Institutional (north of 23th Street,
Commerce to Interstate 30). The change area of change is zoned R-4 (Two-Family
District) with a portion having a Conditional Use Permit for a church. The Church is not
likely to move making Public Institutional more appropriate. Change 10B is from Mixed
Office Commercial to Mixed Use (Roosevelt Road to 24th Street, Commerce to Sherman
Streets). The area of change is zoned R-4 (Two-Family District) with a portion having a
Conditional Use Permit, PDO (Planned District Office) and PCD (Planned Commercial
District). The area is mostly developed with the Our House development but there are
remaining vacant tracts. Based on the currently uses of the land and likely future
development, Mixed Use is the best likely future development pattern of this land.
Area 11 is generally from Gaines to Spring Street, 15 th to 17 th Streets. There are two
changes in this area. All the surrounding area is ‘Capitol Zoning’ and is developed with
non-residential along Broadway and residential generally along other streets. Change
11A is from Public Institutional to Residential Low Density (both sides of Arch Street,
15 th to 16 th Streets). The change area is zoned Capitol Zoning M (this is a residential
classification) and is mostly undeveloped. There had been a religious institution on
much of this site but the current owners intend to redevelop the area residentially
making the Residential Low Density designation more appropriate. Change 11B is from
Residential Low Density to Public Institutional (southwest of 16 th and Spring Streets) is
zoned Capital Zoning M (this is a residential classification). The land is owned by a
church and used primarily for a private educational facility. This is not likely to change
in the future making the Public Institutional designation more appropriate.
Area 12 is generally from Bender to Calhoun and E 9th Street to Capitol Avenue. There
are two changes in this area. To the north is R-4 (Two-Family District) with single-family
homes and vacant lots. To the east is PR (Park District) and I-2 (Light Industrial
District) with city parks on the PR land and the industrial land related to the airport or
vacant. To the west is land zoned UU (Urban Use District) and I-3 (Heavy Industrial
District). This is a historically industrial area that has started to redevelop with other
uses around the Presidential Library and Heifer developments. Change area 12A is
zoned R-4 (Two-Family District) and is a Little Rock School District storage facility. This
use is not likely to change, making the Public Institutional classification the most
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
11
appropriate. Change 12B is from Residential Medium Density to Light Industrial. To the
northwest is a small area of I-3 (Heavy Industrial) with R-4 (Two-Family District) zoning
beyond that. The industrial land is vacant and the residential is partially developed with
single-family homes. To the northeast is PR (Park) zoned land with a community park.
To the east and southeast is R-3 (Single Family District) with I-2 (Light Industrial)
beyond that. The residential is partially developed with single-family homes and
churches, with the industrial land mostly vacant or part of the landing field for the airport.
To the southwest is I-3 (Heavy Industrial) and is vacant. The area of change is zoned I-
3 (Heavy Industrial) it is partially developed with one industrial user. With the airports
expansion plans this area south and east of 9 th street is likely to become airport or
airport related industrial uses in the future making the Light Industrial designation more
appropriate.
Area 13 is generally the area from 9 th to 13 th Streets, College to Thomas Street. There
are four changes in this area. To the west, northwest and southwest is generally R-4
(Two-Family District) and R-4A (Low Density Residential District) zoning and partially
developed with single-family homes. To the East, northeast and southeast is I-3 (Heavy
Industrial) and I-2 (Light Industrial) zoning with larger industrial uses. Change 13A is
from Residential Medium Density to Light Industrial (south of 9 th Street, west of rail spur
line) and is zoned I-3 (Heavy Industrial) with an industrial user in place. This is not likely
to change in the future making the Light Industrial designation more appropriate.
Change 13B is from Residential Medium Density to Residential High Density (10 th to
13 th Streets, east of Hanger). The area is zoned MF-18 (Multifamily 18-units per acre
District). There is an existing apartment complex on a large portion of this area. This is
not likely to change in the future making the Residential High Density designation more
appropriate. Change 13C is from Residential Medium Density to Public Institutional
(either side for 12 th Street, west of Hanger Street). The current zoning of the area is R-4
(Two-Family District). There is a church and church parking lot on the land. This is not
likely to change in the future making the Public Institutional designation more
appropriate. Change 13D is from Residential Medium Density to Mixed Use Urban
(south of 9 th Street, east of Shall Street) and is zoned I-2 (Light Industrial) with a
church/parsonage, a materials yard – gravel and brick, and an office/warehouse type of
building. This area is on the southeastern edge of the Presidential Library/Heiffer area
and the City hopes to see new development of a more mixed urban type in the area -
Mixed Use Urban designation would be more appropriate.
Area 14 is west of Security from of 16 th Street to 18 th Street. The change is from
Residential Low Density to Industrial. To the north and west is I-3 (Heavy Industrial)
and I-2 (Light Industrial) zoning with industrial uses. To the east and south is R-3
(Single Family District) with single family homes. The change area is zoned PID
(Planned Industrial District) and is R-3 (Single Family District). All the land is used for
industrial related uses. This use pattern is not likely to change in the future making it
more appropriate to show this area as Industrial on the Land Use Plan.
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
12
Area 15 is generally the area from Springer Boulevard to Rodgers Street, State
Highway 365 to Edge Street. There are six changes in this area. Much of the area to
the north and west is zoned R-2 (Single Family District with a PRD (Planned Residential
District) and PDR (Planned District Residential). There are large areas undeveloped as
well as single-family detached and attached units in the area. Along Springer Boulevard
is some C-3 (General Commercial) and a PCD (Planned Commercial District) which are
mostly developed with businesses. To the south and southeast is outside the city and
not zoned. There are large areas of undeveloped land as well and some industrial and
heavy commercial uses as well as areas of mining activity. Change 15A is from
Park/Open Space to Residential Low Density (Edge to Willard Street, south of Springer
Boulevard). The change area is zoned R-2 (Single Family District) but is largely
undeveloped. There are no plans to acquire this land for open space making the likely
future development pattern Residential Low Density. Change 15B is from Industrial to
Residential Low Density (Willard Street to ‘3M’ Street, south of Springer Boulevard).
This change area is outside the City Limits but within our planning jurisdiction and is not
zoned. The area is partially developed residentially and is platted in to residential lots.
The most likely future development pattern for this area is Residential Low Density.
Change 15C is from Industrial to Park/Open Space (W illard Street to ‘3M’ Street, south
of Springer Boulevard). This change area is outside the City Limits but within our
planning jurisdiction and is not zoned. It is an undeveloped portion of a tract. Since the
Plan will show Single Family to the north and Industrial to the south, this addition to the
Plan is to provide a buffer between this two extremes in use. Change 15D is from
Park/Open Space to Industrial (Carolina to Willard, south of Springer Boulevard). This
change area is outside the City Limits but within our planning jurisdiction and is not
zoned. It is a partially developed portion of a tract. After review of the Land Use Plan
Staff believes the previous designated Open Space ‘buffer’ should be reduced in size to
allow a larger area for the Industrial development to the south. Change 15E is from
Industrial to Park/Open Space (Edge to Carolina north of King Road). This change area
is partially beyond the City Limits but within our planning jurisdiction, that portion within
the City is zoned R-2 (Single Family District) and that portion beyond the City Limits is
not zoned. The City of Little Rock owns most of the land in question and will use it for
open space. Thus a more appropriate designation for the area is Park/Open Space on
the Land Use Plan. Change 15F is from Industrial to Mining (King to Rogers, west of
State Highway 365). This change area is outside the City Limits but within our planning
jurisdiction and is not zoned. The land is largely undeveloped and use used. The
current owner is a mining business whose operations are to the south and west of this
site, making the site a potential expansion area and buffer to non-mining operations.
To benefit not only the owner but others who might want to acquire land in the area or
build a structure this change to Mining should help all make better decisions for future
development in the vicinity. This land is likely to either be mining or provide a buffer
from a mining area to non-mining area, thus a Land Use Plan designation of Mining
should be the most appropriate designation.
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
13
Area 16 is generally the area west of State Highway 365, Wilson Street to Neely Road.
There are two changes in this area. There is no zoning in the vicinity. This change
area is on the southeastern edge of the Sweet Home community and along the highway
to Wrightsville. To the north and west is Sweet Home with homes, churches and
businesses. Along the highway, homes and businesses can be found. Change 16A is
from Residential Low Density to Service Trades District (west of State Highway 365,
south of Wilson Street). This change area is outside the City Limits but within our
planning jurisdiction and is not zoned. There are existing businesses on the land,
included a large ‘you pull-it’ type of business and the area is not likely to become non-
residential in the future. The most appropriate use to show on the Land Use Plan for
this area would be Commercial. Change 16B is from Residential Low Density to Public
Institutional (west of State Highway 365, north of Neely Road). This change area is
outside the City Limits but within our planning jurisdiction and is not zoned. The Pulaski
County Special School District has a facility on this land and stores school buses on a
portion of the site. The use related to the public schools is not likely to change in the
future and making the Public Institutional designation more appropriate.
Area 17 is generally the area north of Dixon Road and east of Interstate 530. There are
two changes in this area. There is no zoning in the vicinity. To the north northeast and
northwest are mining operations or undeveloped land owned by mining companies. To
the south are two large public school campuses and beyond that are large rural tracts.
Change 17A is from Industrial to Mining (both sides of Shamburger Lane, east of
Interstate 530). This change area is outside the City Limits but within our planning
jurisdiction and is not zoned. The land has been acquired by mining related operations
and is adjacent to existing mines making this area a logical expansion are for mining
operations in the future. To this end, Staff believes it is appropriate to show this area for
Mining on the Land Use Plan. Change 17B is from Co mmercial to Industrial (northeast
of Dixon Road and Shamburger Lane). This change area is outside the City Limits but
within our planning jurisdiction and is not zoned. The land in this area is smaller tracts
and has some smaller industrial or service related businesses to the adjacent mining
operations. Staff believes it is appropriate to show this area for Industrial on the Land
Use Plan.
Area 18 is generally the area south of Dixon Road between Interstate 530 and State
Highway 365. There are ten changes in this area. To the north are two public school
campuses and beyond that is land used primarily for mining. To the south and east is
rural land with some homes and businesses located along major roads. The community
of Sweet Home is to the northeast and the town of W rightsville is to the southeast.
Interstate 530 provides a barrier along the west with rural lands to the west. Change
18A is from Commercial, Mining, and Residential Low Density to Mixed Use (along SE
Willie Thomas Road). This change area is outside the City Limits but within our
planning jurisdiction and is not zoned. There are two businesses in the area with the
majority of the land undeveloped wooded and partially wooded. With the existing uses
and easy access to the freeway system, the location is appropriate for non-residential
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
14
uses and higher density residential uses. The Mixed Use classification is the most
appropriate Land Use Plan designation for the area. Change 18B is from Mining to
Residential Low Density (south of Dixon Road, Wright Road to Willie Thomas Road).
The area is predominately rural large track residential in nature. The Residential Low
Density classification would appear to be the most appropriate designation for this area.
Change 18C is from Mining to Residential Medium Density (south east of Wright and
Dixon Roads). This is a wooded area and undeveloped. The Master Street Plan
proposes a major intersection to the east. This Residential Medium Density area would
be part of the transition from the commercial node at that intersection to the lower
density and rural uses. Change areas 18D-G are a re-orientation of the Commercial
Node at the proposed intersection of two Arterials on the Master Street Plan. Change
18D is from Commercial to Residential Medium Density (east of Wright and Dixon
Roads). This is a wooded area and undeveloped. The Master Street Plan proposes a
major intersection to the south. This Residential Medium Density area would be part of
the transition from the commercial node at that intersection to the lower density and
rural uses. Change 18E is from Residential High Density to Residential Medium
Density (north of Daugherty Road). This is a partial developed area with some larger
tract residential as well as vacant tracts. The Master Street Plan proposes a major
intersection to the south. This Residential Medium Density area would be part of the
transition from the commercial node at that intersection to the lower density and rural
uses. Change 18F is from Mining to Commercial (south east of Wright and Dixon
Roads). This is a wooded area and undeveloped. The Master Street Plan proposes a
major intersection to the east. This area would be the western and southwestern
portion of the commercial node at the proposed intersection. Change 18G is from
Commercial to Residential Medium Density (south of Daugherty Road). This is a partial
developed area with some larger tract residential as well as vacant tracts. The Master
Street Plan proposes a major intersection to the west and south. This Residential
Medium Density area would be part of the transition from the commercial node at that
intersection to the lower density and rural uses. Change 18H is from Mining to
Residential Low Density (northwest of William and German Roads). This is a wooded
area and undeveloped. With the close proximity of existing roads and large tract rural
residential, this area is a logical expansion area of that use making Low Density
Residential the most appropriate classification for this land. Change 18I is from Mining
and Residential Low Density to Agriculture (Interstate 530 to German Road, south of
Dixon Road). This is a largely wooded area with some cleared areas of large tracts and
limited access to existing roads making it less likely for development in to suburban or
extra-urban uses. Since it is likely to remain wooded or agricultural for the near future
the Agriculture designation would appear to be the most appropriate. Change 18J is
from Residential Low Density to Agriculture (Interstate 530 to German Road, north of
Crist). This is a largely wooded area with some cleared areas of large tracts and limited
access to existing roads making it less likely for development in to suburban or extra-
urban uses. Since it is likely to remain wooded or agricultural for the near future the
Agriculture designation would appear to be the most appropriate.
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
15
Area 19 is northeast of East Port Drive and Fourche Damn Pike Road. To the north is
zoned R-2 (Single Family District) and is a developed single-family subdivision of
homes. To the west and south is land zoned C-3 (General Commercial District) and
development with businesses. To the east and south east is land zoned I-2 (Light
Industrial) with a business on a portion and the remaining land cleared and vacant. The
change area is from Commercial and Park Open Space to Public Institutional. The land
is zoned C-3 (General Commercial District) and OS (Open Space District) with a
church. The existing church is not likely to move in the near future making a change to
Public Institutional a more appropriate designation for the area.
Area 20 is the area at the end of Birdwood Drive. To the north is R-2 (Single Family
District) and unzoned land (outside the city limits) which is undeveloped wooded and
Arkansas River flood zone land. To the east is the Arkansas River and to the west and
south is I-3 (Heavy Industrial District) land that is partial developed with manufacturing
uses. The change area is from Industrial and Park/Open Space to Public Institutional.
The zoning is R-2 (Single Family District) with an existing wastewater treatment plant.
This use is not likely to change in the future, making the Public Institutional classification
most appropriate for the site.
Area 21 is the area both sides of 9 th Street, east of Rock Street. In all directions the
zoning is R-4A (Low Density Residential District) with single-family homes and
apartments. The change is from Residential Medium Density to Mixed Use. The site is
zoned PDC (Planned Commercial District and R-4A (Low Density Residential District)
with existing businesses. This change is to reflect the existing use pattern of non-
residential structures and uses and allow for redevelop using the Planned Zoning
District process to assure compatibility. Mixed Use is the most appropriate designation
for the short and mid-term use of this land.
In response to the second notice mailed January 26, 2015, Staff received several
informational contacts. Including one request to be removed from the package of Land
Use Plan changes at East 10 th Street and Shall Avenue (1400 East 10 th Street).
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Apple Blossom
Neighborhood, Capitol Hill Neighborhood, Central High Neighborhood, College Station,
Community Outreach Neighborhood, Downtown Little Rock Partnership, Downtown
Neighborhood, East Little Rock Neighborhood, East Roosevelt Neighborhood, Granite
Mountain Neighborhood, Hanger Hill Neighborhood, Hermitage POA, MacArthur Park
POA, Meadowbrook Neighborhood, Martin Luther King Neighborhood, Pettaway
Neighborhood, River Market District Neighborhood, Southend Coalition, South End
Neighborhood Development Association, Whitmore Circle Neighborhood, Wright
Avenue Neighborhood, Clinton National Airport, and Little Rock Port. Letters were sent
to approximately 55 property owners in the area. Staff received several informational
February 26, 2015
ITEM NO.: 8 (Cont.) FILE NO.: LU14-02
16
calls from area residents as a result of the initial mailing in November. There were
requests to not proceed in two areas, which staff is honoring. The second mailing on
January 26, 2015 was sent to approximately 50 property owners and the same
neighborhood associations to notify them of the public hearing. Staff received several
informational contacts and one request for removal from the package of changes.
STAFF RECOMMENDATIONS:
Staff wishes to amend the package to remove the northeast corner of 10 th Street and
Shall Avenue from the package of changes. This package of amendments is designed
to make the Future Land Use Plan more representative of current and likely mid-term
future uses for this area. Staff recommends the approval of the amended package of
changes.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
Walter Malone, Planning Staff reviewed the changes to be made. The item was placed
on the consent agenda for approval as amended. By a vote of 8 for, 1 absent and
2 open positions the consent agenda was approved.
February 26, 2015
ITEM NO.: 9 FILE NO.: Z-4175-I
NAME: Arkansas Hospice Long-form POD Revocation
LOCATION: North end of Dover Drive, north of West 36th Street
OWNER:
Richsmith Holdings, LLC
9800 Maumelle Blvd.
North Little Rock, AR 72113
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 9.61 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 FT
CURRENT ZONING: POD
ALLOWED USES: Hospice Facilities
PROPOSED ZONING: MF-18
PROPOSED USE: Multi-family
VARIANCE/WAIVERS: None
BACKGROUND:
On August 1, 1995, the Board of Directors adopted Ordinance no. 16,939 rezoning the
site from MF-18 to POD for development of the Hospice Home Care (Arkansas
Hospice) facilities. The multiple building site plan included the following:
• office building
• two (2) impatient care facility buildings
• chapel building
• childcare building
• medical equipment building
• grounds maintenance building
February 26, 2015
ITEM NO.: 9 (Cont.) FILE NO.: Z-4175-I
2
• future additional impatient care facility building site
• 122 parking spaces
No development began during the official time frame for submission of a final
development plan and the previously approved POD officially expired.
On April 19, 2001, the Little Rock Planning Commission reviewed a request to
reestablish the POD zoning for the site and to allow the development to take place as a
two-phase development. As was previously requested, the applicant proposed to
develop the site to accommodate residential inpatient care for the terminally ill. The
phases included the development of Arkansas Hospice Offices (21,406 square feet) and
an inpatient care facility (24,385 square feet and 20 beds). The second phase of the
development included construction of an additional 21,000 square foot inpatient care
facility (20 beds) a chapel and maintenance building. The applicant indicated all
building design would be residential in character. The Little Rock Board of Directors
approved the proposed development plan by the adoption of Ordinance No. 18,497 on
June 5, 2001.
On March 11, 2004, the Commission approved a two-year time extension on the POD.
That time extension has expired. The Hospice development took place elsewhere. The
property owner has stated the site will not be developed as was approved under the
POD and is requesting revocation of the POD. The zoning will revert to the underlying
MF-18.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
Per Section 36-454(d) the owner of an approved PD or PUD may, for cause,
request repeal of the ordinance establishing the development when it has been
determined that the development will not occur. A written request may be filed
with the City staff at any time up to three (3) years after the date of adoption of
the ordinance creating the PUD or PD. The request shall set forth the cause of
the repeal.
According to the ordinance, the Planning Commission recommendation on the
repeal request shall be forwarded to the Board of Directors for their
consideration. The board of directors may grant or deny the request or return the
request to the planning commission for further study. If the request is approved,
an ordinance shall be adopted repealing the PUD or PD.
The owner has stated the development will not occur as planned. The owner is
requesting the POD zoning be revoked and the MF-18 Zoning District zoning be
restored.
February 26, 2015
ITEM NO.: 9 (Cont.) FILE NO.: Z-4175-I
3
B. EXISTING CONDITIONS:
The site is undeveloped and heavily wooded. A nursing home is located to the
north. A church is adjacent to the south. The Our Way multifamily development
is located to the west. The park adjacent to the east is owned by the Kensington
Park Homeowners Association.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. The
property owner and his representatives have been meeting with neighborhood
representatives and apparently there is no disagreement with the proposed
revocation.
D. STAFF RECOMMENDATION:
Staff recommends the current POD zoning classification be revoked and the
previously held MF-18 zoning be restored.
PLANNING COMMISSION ACTION: (FEBRUARY 26, 2015)
The applicant was present. There was one objector present. Staff presented the item
and a recommendation of approval.
Tim Daters, representing the applicant, stated the revocation was requested to allow
for development of a portion of the site for a senior housing project.
Jennifer Bartlett, of National CORE, stated her organization proposed to develop
Magnum Opus Phase I, a fifty-one (51) unit senior housing apartment community on
the site. She said they had been through the several other phases of the approval
process for such a project and this was the final step necessary. Ms. Bartlett stated the
$7.6 million project would occupy 2.76 acres of the site. She stated time was running
out on the process, including access to grant funds.
Larry Bledsoe, president of the Kensington Place POA, spoke of his neighborhood’s
concerns about opening up the entire site to MF-18 zoning. He stated the site was
adjacent to the POA’s private park and lake. Mr. Bledsoe stated the property owner,
Keith Richardson, had met with a group of the neighborhood’s property owners. He
said the neighborhood recognized the need for elderly housing but the proposed
development was only using a portion of the overall site. Mr. Bledsoe expressed
concerns about traffic and asked that the developer consider alternative access to the
site. He asked the commission to defer the item to allow for further discussions to take
place. He asked what assurances there were that the property would be developed with
elderly housing. In response to a question from Chairman Dillon, Mr. Bledsoe suggested
alternative access could possibly be gained through the properties to the north, to
February 26, 2015
ITEM NO.: 9 (Cont.) FILE NO.: Z-4175-I
4
Aldersgate Road. He reiterated his concerns about the impact of the development on
the POA lake and again asked that the item be deferred.
Director of Planning and Development Tony Bozynski stated the issue before the
commission was the revocation of an expired POD, not a potential future development.
Tim Daters stated there was not enough time to defer the item and meet the timeline
necessary for CORE’s funding approvals. He stated the property owner was interested
in meeting again with the neighborhood. Mr. Daters noted that Dover Drive was a
collector street.
In response to questions from Commissioner Finney, Mr. Bozynski described the
procedure necessary to revoke an expired POD. He also stated the item was being sent
to the March 3, 2015 Board of Directors’ meeting to accommodate the applicant’s short
time line.
Commissioner May stated he did not think a deferral was unreasonable.
Mr. Bledsoe stated the neighborhood has supported the previous Hospice development
over the site being developed as multi-family. He stated the POD zoning was the only
thing protecting the neighborhood form the property being developed as multi-family.
In response to a question form Chairman Dillon, Mr. Bledsoe stated the neighborhood
had met with Mr. Richardson the previous Tuesday.
Commissioner May commented that the item still had to go to the Board of Directors
and the neighborhood could address their concerns to the Board.
Commissioner Bubbus said the Board could decide if they wanted to defer the request.
Tim Daters stated the commission would see this property again prior to any
development; as a preliminary plat and/or a multiple building site plan review.
Commissioner Brock told Mr. Bledsoe there would be time to meet with the developer
prior to any development occurring on the site.
A motion was made to approve the revocation request. The motion was approved by a
vote of 7 ayes, 1 no, 1 absent and 2 open positions.
PLANNING COMMISSION VOTE RECORD
DATE`;
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BROCK, TOM
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
MAY, BILL B.
N'
Meeting Adjourned P.M.
AYE NAYE ABSENT ABSTAIN RECUSE
I al 111111111 m -.111 .1 IS
MAY, BILL B.
,
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BROCK, TOM
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
MAY, BILL B.
N'
Meeting Adjourned P.M.
AYE NAYE ABSENT ABSTAIN RECUSE
February 26, 2015
There being no further business before the Commission, the meeting
was adjourned at 5:34 p.m.
Date 5