pc_05 21 2015
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
MAY 21, 2015
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Craig Berry
Tom Brock
Alan Bubbus
Buelah Bynum
Keith Cox
Janet Dillon
Scott Hamilton
Paul Latture
Bill May
Members Absent: Rebecca Finney
Jennifer Martinez Belt
City Attorney: Shawn Overton
III. Approval of the Minutes of the April 9, 2015 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MAY 21, 2015
4:00 P.M.
I. OLD BUSINESS:
NO OLD BUSINESS
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. G-23-457 Alley – Right-of-Way Abandonment
Block 40, Original City of Little Rock
2. Z-9030 Rezoning from R-2 to R-4
2119 Perry Street
3. Z-9031 Rezoning from R-2 to R-4
2118 Wilson Road
4. LU15-11-01 A Land Use Plan Amendment in the I-430 Planning
District at the northeast corner of West 36 th Street and
Bowman Road from Mixed Use to Neighborhood
Commercial.
4.1. Z-9033 Rezoning from R-2 to C-1
Northeast corner of West 36 th Street and Bowman
Road
5. Z-3917-A Mini Super La Perla Foodstore (under 5,000 square
feet with sales of beer) – Conditional Use Permit
9501 N. Rodney Parham Road, Suite M
6. Z-8946-A Bowers Street Duplexes – Revised Conditional Use
Permit
4408 – 4420 Bowers Street
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title:
7. Z-9032 Apostolic Teaching Ministry – Conditional Use Permit
1829 Dennison Street
8. 12 th Street Core Implementation and Action Plan
(I-630 to 14 th Street, Lewis to Maple)
9. Consideration of Ordinance to allow greater ease in Developing Low
Impact Development Projects and Amendments to Sec. 36-508
Pavement Requirements and Sec. 36-521 General Provisions.
May 21, 2015
ITEM NO.: 1 FILE NO.: G-23-457
Name: Alley – Right-of-Way Abandonment
Location: Block 40, Original City of Little Rock
Owner/Applicant: Moses Tucker Real Estate and Central Arkansas
Water/Jimmy Moses
Request: The applicant proposes to abandon the north 239
feet of the 20 foot wide alley right-of-way located
within Block 40, Original City of Little Rock. The
block is bounded by E. Capitol Avenue, E. 6 th Street,
Rock Street and Cumberland Street.
Purpose: For use as controlled access to a new development.
STAFF REVIEW:
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to the
abandonment request. Several of the utilities request to retain the area of
abandonment as a utility easement. The Public Works Comment is as follows:
1. Drainage easements should be maintained in the right-of-way to convey
storm water from adjacent property.
2. Show proposed location of call box. A franchise permit is required to be
obtained for all private encroachments within the right-of-way.
B. Master Street Plan:
There are no Master Street Plan issues associated with this abandonment
request, as none of the rights-of-way is not classified as a collector street or
higher.
C. Characteristics of Right-of-Way Terrain:
The alley right-of-way is currently paved its entire length between E. Capitol
Avenue and E. 6 th Street. Paved parking lots on the east and west sides of the
alley right-of-way utilize the alley for access and circulation.
May 21, 2015
ITEM NO.: 1 (Cont.) FILE NO.: G-23-457
2
D. Development Potential:
On April 23, 2015 the Planning Commission approved a subdivision site plan
review for the entire east half of the block, except the small grocery store building
and the apartment building. The approved site plan includes a multiple building
apartment development with retail space. It also includes fencing and gating the
north 239 feet of the alley right-of-way, for controlled access to the new
development.
E. Neighborhood and Land Use Effect:
Two (2) existing buildings (American Legion and apartments) are located within
the northeast quarter of the overall block. Paved parking for the buildings is
located within the southeast quarter of the block. A Central Arkansas Water
office building and Little Rock Police Downtown Patrol sub-station are located
within the northwest quarter of the block. Paved parking for Central Arkansas
Water is located within the block’s southwest quarter. A small grocery store
building is also located within the southeast quarter of the block. The
surrounding blocks contain a mixture of residential, office and commercial uses,
including paved parking lots.
F. Neighborhood Position:
The two (2) abutting property owners have signed off on the abandonment
request. The owner of the small grocery store property at the south end of the
alley will be notified of the abandonment request. The Downtown and MacArthur
Park Neighborhood Associations were notified of the public hearing. 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. Maintain easement ten
(10) feet wide, centered on existing sewer main, for length of the alley.
Entergy: No objection to abandonment. Retain entire area as a utility easement
and 24 hour access for existing facilities.
Centerpoint Energy: No objection to abandonment. Retain entire area as a
utility easement.
AT& T: No objection to abandonment. Maintain ten (10) foot easement, five (5)
feet on each side of existing facilities.
May 21, 2015
ITEM NO.: 1 (Cont.) FILE NO.: G-23-457
3
Central Arkansas Water: No objection to abandonment. As CAW understands
by law, one-half of the alley width becomes attached to the CAW property
located on the west side of the alley. As CAW understands by law the property
owner to the east will assume the east half of the closed alley portion. CAW has
been advised that the property owner to the east plans to fence and gate the
closed portion of the alley. CAW must be provided full access to the alley
through any installed fences and gates in order to access CAW’s building
adjacent to the alley. CAW does not need an easement for water utility, but there
currently is electric power utility and wastewater utility within the alley serving the
CAW building. Utility service and access to the CAW building must be
maintained.
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 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 this right-of-way will have no adverse impact on the public welfare
and safety. The Little Rock Fire Department has reviewed and approved the
abandonment request.
SUBDIVISION COMMITTEE COMMENT: (APRIL 29, 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.
In response to a question from staff, Mr. Moses noted that he is working with Central
Arkansas Water on modifying their parking lot as part of the new development for the
east half of the block. He explained that there will be a gate at each end of the area of
alley to be abandoned with access for fire department, utilities, etc. He noted that there
will be a joint use agreement with Central Arkansas Water.
After the discussion, the Committee forwarded the application to the full Commission for
resolution.
May 21, 2015
ITEM NO.: 1 (Cont.) FILE NO.: G-23-457
4
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the north 239 feet of the 20 foot
wide alley right-of-way located within Block 40, Original City of Little Rock, subject to the
entire area of abandonment being retained as a utility and drainage easement.
PLANNING COMMISSION ACTION: (MAY 21, 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 9 ayes, 0 noes and 2 absent.
May 21, 2015
ITEM NO.: 2 FILE NO.: Z-9030
Owner: Nichols and Dimes, LLC
Applicant: Kenny Whitfield
Location: 2119 Perry Street
Area: 0.16 Acre
Request: Rezone from R-2 to R-4
Purpose: To construct one (1) duplex
Existing Use: Vacant lot
SURROUNDING LAND USE AND ZONING
North – Single family residences; zoned R-2
South – Vacant lots and single family residences; zoned R-2
East – Vacant lots and single family residences; zoned R-2
West – Single family residences (across Perry Street); zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Perry Street is classified on the Master Street Plan as a residential street. A
dedication of right-of-way 25 feet from centerline will be required.
2. The maximum driveway width for a residential use is 20 ft.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Bus Route #3 (Baptist Medical
Center Route) runs along Kanis Road to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes and Twin Lakes “B” Neighborhood Associations were notified of the
public hearing.
May 21, 2015
ITEM NO.: 2 (Cont.) FILE NO.: Z-9030
2
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan shows
Residential Low Density (RL) for this property. Residential Low Density is for
single-family homes at densities no greater than six dwelling units per acre. The
applicant has applied for a rezoning from R-2 (Single-Family Residential) to R-4
(Two-Family District) to allow for the future development of two-residential units
on one lot.
Master Street Plan:
Perry Street is shown as Local Streets 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. This street 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:
Nichols and Dimes, LLC, owner of the 0.16 acre property located at 2119 Perry
Street, is requesting to rezone the property from “R-2” Single Family District to
“R-4” Two-Family District. The property is located on the east side of Perry
Street, south of West 22 nd Street. The rezoning is proposed to allow the
construction of one (1) duplex structure on the site.
The property is comprised of one (1) platted lot. The property is vacant and
partially tree covered. The property slopes upward slightly from west to east.
Single family residences are located north and west of the subject property.
Vacant lots, zoned R-2, are located immediately to the south and east. Single
family residences are located further south and east, with duplexes (zoned R-4)
to the southeast and northeast. A number of vacant lots exist in this general
area. Several older mobile/manufactured homes are also located in this
neighborhood.
The City’s Future Land Use Plan designates this property as Residential Low
Density (RL). The requested R-4 zoning does not require an amendment to the
plan.
May 21, 2015
ITEM NO.: 2 (Cont.) FILE NO.: Z-9030
3
Staff is supportive of the requested R-4 rezoning. Staff views the request as
reasonable. The lot is comprised of one (1) platted single family lot. One (1)
duplex structure will only be a minor increase in the original platted density. New
duplex structures have been recently developed within this neighborhood, at the
northeast corner of Wilson Road and West 22 nd Street, south along the west side
of Wilson Road, and along West 20 th Street (at Nichols and Jr. Deputy Roads).
Staff believes the applicant’s plan to construct one (1) new duplex will be a quality,
in-fill type, development for this general area south of West 18 th Street. Staff
believes rezoning this property to R-4 will have no adverse impact on the adjacent
properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (MAY 21, 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 9 ayes, 0 noes and 2 absent.
John Barrow Neighborhood Association
Working Together To Build Stronger Communities
April 21st, 2015
Mr. Tony Bozynski
Director Planning and Development
City of Little Rock
723 West Markham
Little Rock, AR 72201
REF: 2118 Wilson Road - Rezoning
2119 Perry - Rezoning
Mr. Bozynski:
Z 3
o3o
- '031
Barrow Association membership had no concerns about the rezoning of the above properties due
to the fact, surrounding properties seem to be duplexes.
Therefore, we are in support of this application.
C.�,,. m;.t,n.a.,.
Carolyn Heitman, President
John Barrow Neighborhood Association
BJ /ch
Cc: Planning Commissioners
Staff
May 21, 2015
ITEM NO.: 3 FILE NO.: Z-9031
Owner: Nichols and Dimes, LLC
Applicant: Kenny Whitfield
Location: 2118 Wilson Road
Area: 0.32 Acre
Request: Rezone from R-2 to R-4
Purpose: To construct two (2) duplexes
Existing Use: Single family residence on two (2) lots
SURROUNDING LAND USE AND ZONING
North – Vacant lots and single family residences; zoned R-2
South – Single family residences and duplex; zoned R-2 and R-4
East – Single family residences (across Wilson Road); zoned R-2
West – Vacant lots and single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Wilson Road is classified on the Master Street Plan as a residential street. A
dedication of right-of-way 25 feet from centerline will be required.
2. The maximum driveway width for a residential use is 20 ft.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Bus Route #3 (Baptist Medical
Center Route) runs along Kanis Road to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes and Twin Lakes “B” Neighborhood Association were notified of the
public hearing.
May 21, 2015
ITEM NO.: 3 (Cont.) FILE NO.: Z-9031
2
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan shows
Residential Low Density (RL) for this property. Residential Low Density is for
single-family homes at densities no greater than six dwelling units per acre. The
applicant has applied for a rezoning from R-2 (Single-Family Residential) to R-4
(Two-Family District) to allow for the future development of two-residential units
on one lot.
Master Street Plan:
Wilson Road is shown as 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. This street 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:
Nicholls and Dimes, LLC, owner of the 0.32 acre property located at 2118 Wilson
Road, is requesting to rezone the property from “R-2” Single Family District to “R-
4” Two-Family District. The property is located on the west side of Wilson Road,
south of West 22 nd Street. The rezoning is proposed to allow the construction of
two (2) duplex structures on the site.
The property is comprised of two (2) platted lots. A vacant one-story frame
single family residence is located near the center of the property. A gravel
driveway from Wilson Road is located near the southeast corner of the property.
Single family residences are located south and east of the subject property.
Vacant lots, zoned R-2, are located to the north and west. Single family
residences are located further north and west, with duplexes (zoned R-4) to the
south and northeast. A number of vacant lots exist in this general area. Several
older mobile/manufactured homes are also located in this neighborhood.
The City’s Future Land Use Plan designates this property as Residential Low
Density (RL). The requested R-4 zoning does not require an amendment to the
plan.
May 21, 2015
ITEM NO.: 3 (Cont.) FILE NO.: Z-9031
3
Staff is supportive of the requested R-4 rezoning. Staff views the request as
reasonable. The lot is comprised of two (2) platted single family lots. Two (2)
duplex structures will only be a minor increase in the original platted density. New
duplex structures have been recently developed within this neighborhood, at the
northeast corner of Wilson Road and West 22 nd Street, south along the west side
of Wilson Road, and along West 20 th Street (at Nichols and Jr. Deputy Roads).
Staff believes the applicant’s plan to construct two (2) new duplexes will be a
quality, in-fill type, development for this general area south of West 18 th Street.
Staff believes rezoning this property to R-4 will have no adverse impact on the
adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (MAY 21, 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 9 ayes, 0 noes and 2 absent.
John Barrow Neighborhood Association
Working Together To Build Stronger Communities
April 21st, 2015
Mr. Tony Bozynski
Director Planning and Development
City of Little Rock
723 West Markham
Little Rock, AR 72201
REF: 2118 Wilson Road - Rezoning
2119 Perry - Rezoning
Mr. Bozynski:
Z 3
o3o
- '031
Barrow Association membership had no concerns about the rezoning of the above properties due
to the fact, surrounding properties seem to be duplexes.
Therefore, we are in support of this application.
C.�,,. m;.t,n.a.,.
Carolyn Heitman, President
John Barrow Neighborhood Association
BJ /ch
Cc: Planning Commissioners
Staff
May 21, 2015
ITEM NO.: 4 FILE NO.: LU15-11-01
Name: Land Use Plan Amendment – I-430 Planning District
Location: NEC of 36th Street and Bowman Road
Request: Mixed Use to Neighborhood Commercial
Source: Tim Daters, White Daters
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-430 Planning District from Mixed Use to
Neighborhood Commercial. Neighborhood Commercial represents services that
are limited to small scale commercial developments in close proximity to a
neighborhood, providing goods and services to the neighborhood market area.
There is an associated zoning application to C-1 Neighborhood Commercial to
allow for the future development of retail commercial on this site.
EXISTING LAND USE AND ZONING:
The property is vacant and currently zoned R-2 Single Family and is
approximately 7 acres ± in size. to the north, the land is zoned PD-R for an
apartment complex, to the east is a POD for the Rock Creek Church, to the south
is R-2 and O-3 General Office property and to the west are single family houses
on R-2 and O-2 Office and Institutional with a CUP land.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
There have been many changes in this area during the last twenty years. The
last change to the plan was eleven years ago in 2004. On July 20, 2004, a
change was for the area immediately east from MX Mixed use to MOC Mixed
office Commercial for an area on the north side of 36th Street.
MASTER STREET PLAN:
Bowman Road and 36 th Street are both shown as Minor Arterials on the Master
Street Plan. A Minor Arterial provides connections to and through an urban area
and their primary function is to provide short distance travel within the urbanized
area. Entrances and exits should be limited to minimize negative effects of traffic
and pedestrians on Bowman Road and 36 th Street since they are both Minor
Arterials. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
May 21, 2015
ITEM NO.: 4 (Cont.) FILE NO.: LU15-11-01
2
Recently, a Master Street Plan amendment was passed to remove a Proposed
Collector from the eastern edge of this property that extended into the property to
the north and connected with Bowman Road to the north.
BICYCLE PLAN:
A Class II Bike Lanes are shown along Bowman Road. Bike Lanes provide a
portion of the pavement for the sole use of bicycles.
PARKS:
According to the Master Parks Plan, this site is not in a service deficit area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
ANALYSIS:
The current Land Use plan shows Mixed Use. The Mixed Category 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. The proposal is to change to Neighborhood Commercial for
the approximately seven acres at the corner. The Neighborhood Commercial
category includes limited small scale commercial development in close proximity
to a neighborhood, providing goods and services to the neighborhood market
area.
While either category can have purely commercial uses in them, the difference is
that the Mixed Use category requires a PZD whereas the Neighborhood
Commercial does not. The Neighborhood Commercial category would provide
smaller scale commercial options for the residents of that area, the existing
single family houses and the two new apartment complexes just north of the site
on Bowman Road. While the Mixed use category might have gotten a
development that is truly mixed with more than one use, the location of this site
being at the intersection of two arterials would have probably led to a pure
commercial development even with the Mixed Use designation.
May 21, 2015
ITEM NO.: 4 (Cont.) FILE NO.: LU15-11-01
3
If the property is zoned C-1, all uses in the permitted uses list of C-1 would be
allowed. Likewise, any more intense uses that are in C-2, C-3, and C-4 that
might be included in a PZD would not be allowed by right in any proposed C-1
zoning. Also, Conditional Uses under C-1 would come back before the Planning
Commission if applied for.
If one looks at the entire area north of 36th and bounded by Bowman and I-440,
the area is being developed as mixed use with the church and its limited office
uses, the multifamily to the north, and whatever uses are developed under the
proposed C-1 in the subject area. In one sense, it is still Mixed Use for the entire
area. With the apartments and church uses, the entire area will have less
Commercial acreage than it could have had with the Mixed Use designation.
Also, the next time Staff reviews this area; we will consider removing the option
of Commercial for the developed areas,
NEIGHBORHOOD COMMENTS:
Staff has received one comment from a citizen which was in support of
maintaining the requirement of a PZD on the site.
STAFF RECOMMENDATION:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (MAY 21, 2015)
This item was placed on the consent agenda for approval. The motion passed
with a vote of 9 ayes, 0 noes, and 2 absent.
May 21, 2015
ITEM NO.: 4.1 FILE NO.: Z-9033
Owner: Richardson Properties, LLC
and Garth Development, LLC
Applicant: Tim Daters, White-Daters and Associates
Location: Northeast corner of West 36 th Street and
Bowman Road
Area: 6.95 Acres
Request: Rezone from R-2 to C-1
Purpose: Future neighborhood commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Multifamily development (under development); zoned PD-R
South – Single family residences, vacant property and office use (across West 36 th
Street); zoned R-2 and O-3
East – Church facility and single family residences; zoned POD, R-2 and O-3
West – Single family residences and undeveloped property (across Bowman Road);
zoned R-2 and O-2
A. PUBLIC WORKS COMMENTS:
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. West 36 th Street is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required. Per the
Master Street Plan, at arterial/arterial intersections an additional 10 ft. of right-
of-way measured from the centerline of the right-of-way , for a future right turn
lane. The additional right-of-way shall normally be 250 ft. in length measured
from the intersecting right-of-way.
3. Per the Master Street Plan at arterial/arterial intersections, a radial dedication
of right-of-way is required to be provided at the intersection of Bowman Road
May 21, 2015
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9033
2
and West 36 th Street of sufficient size to make the necessary intersection
improvements to meet AASHTO standards.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Route #14 (Rosedale Route) runs
along Shackleford Road and West 36 th Street, east of Interstate 430.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan shows
Mixed Use (MX) for this property. The Mixed Use category 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. The applicant has applied for a rezoning from R-2 (Single-Family
Residential District) to C-1 (Neighborhood Commercial District) to allow for the
future development of retail commercial on this site use. There is a separate
item on this agenda to amend the Plan to (NC) Neighborhood Commercial for
this site.
Master Street Plan:
Bowman Road and 36 th Street are both shown as Minor Arterials on the Master
Street Plan. A Minor Arterial provides connections to and through an urban area
and their primary function is to provide short distance travel within the urbanized
area. Entrances and exits should be limited to minimize negative effects of traffic
and pedestrians on Bowman Road and 36 th Street since they are both Minor
Arterials. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class II Bike Lanes are shown along Bowman Road. Bike Lanes provide a
portion of the pavement for the sole use of bicycles.
May 21, 2015
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-9033
3
E. STAFF ANALYSIS:
Richard Properties and Garth Development, owners of the 6.95 acre property
located at the northeast corner of West 36 th Street and Bowman Road, are
requesting to rezone the property from “R-2” Single Family District to “C-1”
Neighborhood Commercial District. The rezoning is proposed to allow a future
neighborhood commercial development.
The property is currently undeveloped. The site has been cleared in conjunction
with the larger property immediately to the north. Some additional site work has
taken place in preparation for new development.
A multiple building multi-family project is in the process of being developed
immediately to the north (zoned PD-R). A large church development and single
family residences are located to the east. Single family residences and an office
use are located across West 36 th Street to the south. Single family residences
and undeveloped property are located across Bowman Road to the west. A new
multifamily development is located along Bowman Road to the northwest.
The City’s Future Land Use Plan designates this property as Mixed Use (MX). A
proposed land use plan amendment to Neighborhood Commercial (NC) is a
separate item on this agenda.
Staff is supportive of the requested C-1 rezoning. Staff views the request as
reasonable. There are several hundred residential units being developed in this
immediate area, as well as further south along Bowman Road. Staff feels that a
neighborhood commercial development at this location will be appropriate to serve
the increasing number of residential units. This general area contains a mixture of
uses and zoning. R-2, O-2, O-3, C-2, POD and PRD zoning exists in the area.
The proposed C-1 zoning will not be out of character with the existing zoning
pattern for this area. Staff believes the requested C-1 zoning will have no adverse
impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-1 rezoning.
PLANNING COMMISSION ACTION: (MAY 21, 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 9 ayes, 0 noes and 2 absent.
May 21, 2015
ITEM NO.: 5 FILE NO.: Z-3917-A
NAME: Mini Super La Perla Foodstore (under 5,000 square
feet with sales of beer) – Conditional Use Permit
LOCATION: 9501 N. Rodney Parham Road, Suite M
OWNER/APPLICANT: Treasure Hills Partnership/John Curtis, Agent
PROPOSAL: A conditional use permit is requested to allow for the
sales of beer from this existing foodstore which is
under 5,000 square feet. The property is zoned C-3.
1. SITE LOCATION:
The building is one of several in the Treasure Hills Shopping Center
located at the intersection of Rodney Parham and Treasure Hill Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located along the commercially developed and zoned Rodney
Parham Road corridor. Properties to the east and across Rodney Parham
contain a variety of commercial uses. A single family neighborhood is
located to the south and west. This shopping center was constructed in
1969 and over the years has contained businesses with beer sales. A
listing of businesses with some level of alcohol sales in the area is
provided in the staff analysis.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the 2.6 acre shopping center site and the Treasure Hills
Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The shopping center contains 6 buildings with a total area of
approximately 31,400 square feet. The site appears to contain 139±
parking spaces. The building (Suite M) occupied by the applicant,
contains 2,654± square feet. Primary access to the shopping center is off
of Rodney Parham, with a secondary access off of Treasure Hill Road.
No changes to the site are being proposed and nothing in this application
affects the required parking numbers.
4. SCREENING AND BUFFERS:
No Comments.
May 21, 2015
ITEM NO.: 5 (Cont.) FILE NO.: Z-3917-A
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No comments received.
Entergy: No comments received.
Centerpoint Energy: No comment received.
AT&T: No comment received.
Central Arkansas Water: No objection
Fire Department: Maintain access.
Building Codes: No Comments.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 29, 2015)
The applicants were present. Staff presented the item and a list of those
businesses within 1,500 square feet of the site with some level of alcohol sales.
Staff stated the primary purpose of requiring a CUP in these cases was to allow
for an additional level of citizen input, beyond the hearing held by the State ABC.
The applicant stated the ABC had provisionally approved his permit, subject to
obtaining zoning approval. Staff stated the notices to area property owners were
sent on April 9 and the Neighborhood Association notice had been sent on April
15 and there had been no calls or inquiries received by staff.
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow a food store under 5,000 square
feet with sales of beer at 9501 N. Rodney Parham Road, Suite M. The existing
food store occupies one building within the Treasure Hills Shopping Center. The
May 21, 2015
ITEM NO.: 5 (Cont.) FILE NO.: Z-3917-A
3
site contains 6 buildings and the applicant’s space is in the building nearest
Rodney Parham.
The applicants acquired the store in November 2013 and are working to
become a full service grocery store. Days and hours of operation are 9:00 a.m. –
9:00 p.m., Monday through Saturday and 10:00 a.m. – 6:00 p.m., Sundays.
Hours may be expanded to 10:00 p.m. on Fridays and Saturdays.
One principal purpose of the conditional use review for this type of use is to
provide a forum for citizen input beyond the hearings held at State level by the
ABC. Notices are sent to area neighborhood associations and property owners
as required by Commission bylaws. A sign is posted on the building, also as
required by the bylaws. Notice of the hearing is posted in the newspaper. As of
this writing, staff has received no comment.
Staff provides the Commission with a list of businesses in the area with some
level of alcohol sales. A neighborhood, for the purpose of defining zoning impact
is defined elsewhere in the Code as those properties within 1,500 feet of the site
under consideration.
Based on information from State Alcohol Beverage Control and from a survey
conducted by staff, it appear the following businesses located within a 1,500 foot
radius around the site have alcohol sales of some type:
Address Business Type of Permit
9500 Satterfield Dollar General Retail beer off premises
9501 Rodney Parham Tobacco Superstore Retail beer off premises
9718 Rodney Parham Shell Superstop Retail beer off premises
9200 Rodney Parham Walgreens Retail beer off premises
9120 Rodney Parham Westside Wine & Spirits Retail liquor
9612 Rodney Parham Economy Liquor Mart Retail liquor
9310 Rodney Parham US Pizza Restaurant wine retail
and beer on premises
9501 Rodney Parham Takeria El Palenque Retail beer on premises
9700 Rodney Parham Homers Restaurant Restaurant mixed drink
9700 Rodney Parham Hibernia Irish Tavern Restaurant mixed drink
9700 Rodney Parham Legends Sports Bar & Grill Private Club
Treasure Hill Road Professor Bowl West Retail beer on premises
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, as filed.
May 21, 2015
ITEM NO.: 5 (Cont.) FILE NO.: Z-3917-A
4
PLANNING COMMISSION ACTION: (MAY 21, 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, including all comments and
conditions. The vote was 9 ayes, 0 noes and 2 absent.
May 21, 2015
ITEM NO.: 6 FILE NO.: Z-8946-A
NAME: Bowers Street Duplexes – Revised Conditional
Use Permit
LOCATION: 4408 – 4420 Bowers Street
OWNER/APPLICANT: Stanley Phillips
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow for a reduction in the
number of trees originally proposed to be planted on
the site and to change the orientation of the finished
side of a portion of a screening fence.
STAFF ANALYSIS:
On July 24, 2014, the Commission approved a conditional use permit to allow for
the construction of two (2) duplex structures (4 units total) on this site which
consisted of 3 ½ lots. The lots were subsequently re-platted into two (2) lots so
that one (1) duplex unit was located on each lot. A shared parking lot with eight
(8) parking spaces was constructed with a single driveway off of Bowers Street.
The Commission’s approval included these two conditions:
(1) A 6-foot tall opaque wood fence is to be constructed on the north and
south perimeters of the site. The fence is to be built with the finished side
facing out.
(2) Thirty-four (34) two (2) inch caliper trees are to be planted on the site as
indicated on the site plan, as proposed by the applicant.
Due to the presence of a 4-foot chainlink fence enclosing a portion of the
property adjacent to the south, this applicant was unable to place the finished
side of the fence facing out and a portion of the fence was built with the finished
side facing in. The applicant and his architect state it is not feasible to plant 34
trees on this site and are now proposing to plant 12 trees on the site. An
existing, 36 inch oak tree is also located at the southeast corner of the site, in
front of the southern duplex. The applicant has indicated the new trees will
consist of crape myrtles, Savannah hollies, Foster hollies or Emily Brunder
hollies.
May 21, 2015
ITEM NO.: 6 (Cont.) FILE NO.: Z-8946-A
2
Staff is supportive of the changes in the approved plan to accommodate the
reduced number of trees and the orientation of a portion of the face of the
southern fence.
SUBDIVISION COMMITTEE COMMENT: (APRIL 29, 2015)
Stanley Phillips (applicant) and Kwendeche (architect) were present. Staff
presented the item and noted the changes being proposed. Mr. Phillips and
Kwendeche both explained that 34 trees could not be planted on the site and
expected to reach mature size. Staff stated they agreed and were receptive to
reducing the number of trees. It was noted that the proposed new trees would
be located in the front of the site.
The Committee determined that there were no other issues and forwarded the
item to the full Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed revisions to the approved CUP,
subject to no more than 4 of the proposed new plants being crape myrtles. The
remaining 8 new trees are to be from the proposed list of hollies or a similar
evergreen tree.
PLANNING COMMISSION ACTION: (MAY 21, 2015)
The applicant was present. There was one objector present. A letter of support
from the John Barrow Neighborhood Association had been received by staff and
forwarded to the Commissioners. Staff presented the item and a recommendation
of approval as outlined in the “staff recommendation” above.
The applicant, Stanley Phillips, addressed the commission and stated he did not
realize that the plan submitted with his initial application in fact committed him to
having to plant that many trees. He stated the site was too small to accommodate
so many trees. Mr. Phillips stated he will plant the twelve (12) trees as
recommended by staff. He stated he had tried to put in the six (6) foot fence but
was told by city staff that he could not.
Delisa Rader, of 4424 Bowers Street, addressed the commission in opposition.
She stated Mr. Phillips did not complete the fence or plant any trees until she
complained to staff. She stated Mr. Phillips was trying to get out of what was
required. Ms. Rader stated she was dealing with the other issues on the site with
LRPD.
May 21, 2015
ITEM NO.: 6 (Cont.) FILE NO.: Z-8946-A
3
Dana Carney, Zoning and Subdivision Manager, stated six (6) foot tall fences
were typically not allowed in residential front yard setbacks and when the fence
company came in for the building permit, the zoning staff did not know the fence
was a requirement of the conditional use permit. He stated that confusion had
been cleared up and the six (6) foot fences had been installed.
There was no further discussion. A motion was made to approve the application,
including all staff comments and conditions. The motion was approved by a vote
of 9 ayes, 0 noes and 2 absent.
s
.rr
r
5 -R'. 0 t
tt# John Barrow Neighborhood Association
Working Together To Build Stronger Communities
April 21s', 2015
Mr. Tony Bozynski
Director Planning and Development
City of Little Rock
723 West Markham
Little Rock, AR 72201
REF: Revised CUP ( Stanley Phillips)
4408 -4420 Bowers
Mr. Bozynski:
Barrow Association membership had no concerns, with the exception of two residents adjacent to
this property, to allow Mr. Phillips to amend his application on number of trees to be placed on
the above properties
Therefore, we are in support of this application.
C...X
Carolyn Heitman, President
John Barrow Neighborhood Association
BJ /ch
Cc: Planning Commissioners
Staff
May 21, 2015
ITEM NO.: 7 FILE NO.: Z-9032
NAME: Apostolic Teaching Ministry – Conditional Use Permit
LOCATION: 1829 Dennison Street
OWNER/APPLICANT: Preston White/Johnny Tweedle
PROPOSAL: A conditional use permit is requested to allow for the
use of the existing house on this R-3 zoned lot for a
place of worship.
1. SITE LOCATION:
The property is located on the east side of Dennison Street, one lot north
of Wright Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses where the
zoning transitions from the commercial along Wright Avenue to the
residential extending to the north. A motorcycle club occupies the C-3
zoned building to the south. GYST carwash is located on the PCD zoned
lot to the southeast. The C-3 lot across Dennison is vacant and residential
uses are to the north. The applicant proposes to use the existing house
for a small place of worship. No changes will be made to the site other
than for the changes to the structure to accommodate building code
requirements. Use of the structure for this small, limited activity appears
to be compatible with uses and zoning in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and Wright Avenue and Central High
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The site contains a single-wide driveway and carport which will
accommodate one vehicle. On-street parking is available. The applicant
has provided a letter from the owner of the property to south allowing the
church to use the parking lot on that site. The motorcycle club’s hours of
typical activity should not conflict with the church’s hours of most activity
(Sunday and Wednesday evenings). There appears to be parking
available for 20± vehicles on the motorcycle club site. The applicant has
stated there should not be more than 20 persons attending the worship
activities. Currently, the church has 4 persons attending.
May 21, 2015
ITEM NO.: 7 (Cont.) FILE NO.: Z-9032
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements. Any new vehicular use area must be landscaped to code.
A land use buffer will be required when an adjacent property has a
dissimilar use of a more restrictive nature. The property to the north is
zoned R-2. The minimum dimension of the buffer shall be six (6) feet nine
(9) inches in areas designated as mature. As a component of all land use
buffer requirements, opaque screening, whether a fence or other device, a
minimum of six (6) feet in height shall be required upon the property line
side of the buffer. The plantings, existing and purposed, shall be provided
within the landscape ordinance of the city, section 15-81.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS COMMENTS:
Show proposed location for a sufficient number of parking spaces.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No comments received.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No objection.
Fire Department: No comment.
Building Codes: Project is a change in occupancy and is therefore subject
to current building code requirements. Review and approval is required by
Building Codes Division before occupancy takes place. 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
May 21, 2015
ITEM NO.: 7 (Cont.) FILE NO.: Z-9032
3
County Planning: No comment
CATA: A CATA bus route is located along Wright Avenue, just south of
the site.
SUBDIVISION COMMITTEE COMMENT: (APRIL 29, 2015)
Preston White, pastor of Greater Gospel Lighthouse Apostolic Teaching Ministry,
was present. Staff presented the item and for some additional information. In
response to questions, Bro. White stated about 4 persons currently attended
services and he expected the number to not exceed 20 persons in the future;
hours of activity are Sundays, 11:00 a.m. – 1:00 p.m. and Wednesday evenings
at 6:00 p.m. and there would be no outdoor activities. He stated there was a
worship service and bible teaching classes that would take place. Bro. White
stated a small sign would be placed on the building.
The issue of parking was discussed. Staff stated the use would likely require
4 – 5 parking spaces. Bro. White stated he would prefer not to construct parking
on the lot and would pursue approval to use nearby parking. The Committee
encouraged him to obtain that approval in writing.
Bro. White was urged to visit with persons in the building codes division to
determine what changes would need to be made to the structure to
accommodate the change in use.
The committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-3 zoned lot located at 1829 Dennison Street is occupied by a one-story,
frame, 1,700 ± square foot single family residential structure. A single driveway
and carport are located at the front of the structure. The applicant is requesting
approval of a conditional use permit to allow for the use of the structure for a
place of worship for a small congregation. Currently, 4 persons attend with a
maximum of 20 person anticipated in the future. Other than for any required
changes to the structure to accommodate building codes, no changes are
proposed to the property.
Uses are proposed to consist of worship service and bible classes. Activities will
most typically occur Wednesday evenings and Sundays, 11:00 a.m. – 1:00 p.m.
No outer activities are proposed. Signage will consist of a small wall sign on the
front façade of the house.
May 21, 2015
ITEM NO.: 7 (Cont.) FILE NO.: Z-9032
4
Staff believes the use to be appropriate for the site. The only issue concerns
parking. The site contains a single-wide driveway and carport sufficient for one
vehicle. At a proposed maximum capacity of 20 persons, 5 parking spaces
would typically be required. The applicant does not desire to construct additional
parking on the site. It is possible to construct 4 parking spaces in the rear yard,
taking access off of the alley. Constructing the parking would trigger the need to
install buffers, screening and landscaping. This would create a cost burden.
Additionally, constructing the parking changes the nature of the property from
residential in appearance to institutional. The applicant has obtained permission
from the owner of the property adjacent to the south to utilize the paved parking
on that site. That adjacent property is utilized by a motorcycle club and the two
uses should not have conflicting hours of usage.
Staff can support the parking variances as long as the use of this site is limited to
this applicant, with a maximum attendance of 20 persons and the off-site
arrangement being maintained.
The applicant was also advised to meet with building codes personnel to
determine what changes would need to be made to the structure to
accommodate the change in occupancy.
To staff’s knowledge, there are no other uses. The bill of assurance/plat for
Greenhaw’s Subdivision does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. This approval is limited to this applicant.
3. Maximum attendance is limited to 20 persons.
Staff recommends approval of the parking variance subject to the agreement to
utilize adjacent parking being maintained. If at any point, that agreement is
nullified, the site must be brought back to the Planning Commission for review
and approval.
Staff recommends approval of a variance from the buffer and screening
requirements since there are to be no outdoor activities and no parking is to be
constructed on the site.
May 21, 2015
ITEM NO.: 7 (Cont.) FILE NO.: Z-9032
5
PLANNING COMMISSION ACTION: (MAY 21, 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, including all comments and
conditions. The vote was 9 ayes, 0 noes and 2 absent.
May 21, 2015
ITEM NO.: 8
Name: 12 th Street Core Implementation and Action Plan
Location: I-630 to 14 th Street, Lewis to Maple
Request: Resolution of support for the implementation strategies
Source: Staff
Staff Report:
In 2012, Metoplan received a $1.4 Million grant from the U.S. Department of Housing
and Urban Development (HUD) to develop a comprehensive regional plan for
sustainable development. Implementation is a key feature of this program and
Metroplan is fostering this through the Jump Start Initiative. The purpose is to
demonstrate how the Livability Principles can be integrated into community design and
implemented in existing communities to impact the larger region.
These plans integrate housing design options, development, economics, environmental
concerns, community development, municipal codes and regulations and supportive
infrastructure investments. Each plan developed through this initiative is intended to be
replicable and feasible and as such will be developed to educate, illustrate, regulate
and set a path for implementation – helping to Jump Start regional implementation.
The 12 th Street Core area was one of the projects selected in 2013 to receive a
$200,000 Jump Start Grant to enhance and continue the next phase of the 12 th Street
Corridor Plan which was adopted by the Planning Commission and City Board in 2010.
Boundaries of 12 th Street Core Area: Northern Boundary – Interstate 630; Southern
Boundary – 14 th Street; Western Boundary – Lewis Street; Easter Boundary – Maple
Street
A consultant team hired by Metroplan began working with City Staff, stakeholders,
community partners/leaders and residents to hold workshops and public meetings
assessing the current conditions. These meetings and presentation continued
throughout 2014 with almost eighty residents and others attending one meeting. The
consultants then put together a report and recommendations that would help facilitate
implementation which is where we are now. The final meeting on the Plan was March
16, 2015 where over 200 property owners were invited to attend and comment. (Most
of that comment was about non-plan issues – uses in the 12 th Street Station, etc).
This plan will provide an avenue or roadmap to help generate economic growth and
opportunity in the area, create a safer and more pedestrian friendly environment, and
also allow for sustainable development.
The goals for the 12 th Street Core Plan are to: Develop an implementation/business
plan to more the 12 th Street Corridor vision Plan forward, utilizing techniques to bring
various groups together; Identify and implement best practices for public improvements
May 21, 2015
ITEM NO.: 8 (Cont.)
2
(streets infrastructure, stormwater, etc.); Catalyze vacant lot development neat the new
12 th Street Mixed-use Station to take advantage of the City investment and supporting
additional housing types, population diversity and historic preservation, and to support
prior community development efforts. To accomplish this, The Implementation and
Action Plan lays out a path with various recommendations.
An important recommendation is the development of a point-person to guide the
redevelopment efforts of the area. This person is to work with key individuals in the
area as well as regionally to help identify key activities and co-ordinate the
implementation of the redevelopment of the area. The formation of a merchants
association to help brand the area, co-ordinate advertising and marketing, and work to
attract more businesses to the area.
A new zoning code to direct the redevelopment and infill has been proposed to not only
allow for more density of development but to encourage a pedestrian orientation for the
non-residential uses and a more ’traditional’ site design. It has a strong emphasis on
the ‘public realm’ – streetscape, building facades toward the street, etc. The concepts
have been presented to the community, but Staff will begin working with property
owners and residents on the adoption of these standards in the months to come.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations were notified: Forest
Hills, Pine to Woodrow, and Stephens Area Faith.
STAFF RECOMMENDATION:
Staff recommends support of the resolution.
PLANNING COMMISSION ACTION: (MAY 21, 2015)
This item was placed on the consent agenda for approval. Rohn Muse, President of the
Forest Heights Neighborhood Association was there in support of the item. The motion
passed with a vote of 9 ayes, 0 noes, and 2 absent.
May 21, 2015
ITEM NO.: 9
NAME: LOW IMPACT DEVELOPMENT ORDINANCES
REQUEST: APPROVAL OF ORDINANCES
SOURCE: STAFF
In 2012, the City of Little Rock received a grant from the Arkansas Natural Resources
Commission to demonstrate the benefits of rain gardens and other water filtrations
through the use of clean water initiatives and to educate the community about such .
With grant funding, the City of Little Rock (CLR) has been re-working parts of four
blocks of Main Street utilizing Low Impact Development (LID) and other green
infrastructure applications such as porous pavers, tree wells, rain gardens, etc. to
improve water quality. Once the 500 block is finished, the streetscape demonstration
portion of the project will be completed.
One of the conditions of the grant was the passage of a Low Impact Development
ordinance. Because Public Works plans to update and revise the Stormwater
Management and Drainage Manual in the coming year to include the incorporation of
LID principles, staff recommended a limited, permissive, and voluntary ordinance at this
time. Likewise, the Planning Department recommended a second limited ordinance to
cover aspects of the parking and landscape requirements that might be problematic to
those wishing to do LID.
Low Impact Development is different from conventional stormwater management. While
traditional stormwater management focuses on moving untreated stormwater runoff off-
site as quickly as possible, LID focuses on retaining stormwater on-site and maximizing
pollutant removal and infiltration of runoff through the execution of a number of best
management practices. For example, while a conventional development might use one
large retention pond, an LID development might utilize several smaller practices, such
as pervious surfaces, grassy swales, bioretention areas, constructed wetlands, and
others to create a “treatment chain” of stormwater management techniques.
Where Traditional Stormwater Development
• Focuses on large, infrequent storms
• Prevents flooding by mitigating peak flow rates,
Low Impact Development
• Focuses on small, infrequent storms
• Reduces total stormwater runoff volume
• Promotes infiltration and groundwater recharge
• Improves and protects water quality
May 21, 2015
ITEM NO.: 9 (Cont.)
2
In addition to benefits that will result to the general public, such as improved water and
air quality and more aesthetically pleasing landscaping, the Benefits to Developers
include:
• Improved ability to retain desirable natural features of the development site
• Ability to use stormwater features as landscape features
• Increased lot yields
• Increased lot and community marketability
• Reduction in land clearing and grading costs
• Reduction in infrastructure costs
• Reduction in stormwater management costs
The Arkansas River and other natural features of Little Rock make this city a highly
desirable place to live, work and play; therefore, it is important that the City
accommodates new development in a manner that preserves and enhances these
valuable resources.
In the case of both ordinances, the intent is to facilitate Low Impact Development for
those who choose to do it. In order to meet the terms of the grants, the ordinances
need to be passed by September 30, 2015.
STAFF RECOMMENDATION:
Staff recommends approval of the ordinances.
PLANNING COMMISSION ACTION: (MAY 21, 2015)
Staff informed the Commission that additional modifications were being made to the
proposed ordinance. Staff recommended deferral of the issue to the July 2, 2015
agenda, so that the modifications could be made and distributed to the Commission for
review.
The item was placed on the Consent Agenda and deferred to the July 2, 2015 agenda
by a vote of 9 ayes, 0 nays and 2 absent.
3
I ORDINANCE NO.
2
3 AN ORDINANCE TO ALLOW THE USE OF LOW IMPACT DEVELOPMENT
4 (LID) TECHNIQUES AS AN OPTION FOR STORMWATER MANAGEMENT
5 WHEN DEVELOPING COMMERCIAL, INDUSTRIAL, AND MULTI - FAMILY
6 GREATER THAN MF -6 UNITS PER ACRE PROJECTS, WITHOUT HAVING
7 TO SEEK A VARIANCE FROM THE CITY OF LITTLE ROCK PLANNING
8 COMMISSION.
9
10 WHEREAS, in 2012 the City of Little Rock was awarded a $900,000 federal grant by the Arkansas
11 Natural Resources Commission to create a water quality demonstration project utilizing Low Impact
12 Development (LID) techniques including rain gardens, pervious paving, bioswales, vegetated walls, curb
13 extensions, infiltration trenches, tree meanders, and tree box filters. This demonstration project is nearing
14 completion and it now assists in educating the community about the benefits of Low Impact
15 Development.
16 WHEREAS, the City of Little Rock is committed to reducing the volume of nonpoint source runoff,
17 including stormwater, flowing into its sewer system, improving the water quality of its surface waters,
18 and decreasing underground stormwater conveyance that may ultimately runoff into the Arkansas River.
19 WHEREAS, the City of Little Rock has determined that allowing LID techniques to be utilized when
20 developing commercial, industrial, and multi- family greater than MF -6 units per acre sites protects water
21 quality, reduces runoff, reduces impervious spaces, encourages open spaces, protects significant
22 vegetation, reduces land disturbance, and decreases infrastructure costs.
23 WHEREAS, the City of Little Rock does not currently allow the utilization of LID techniques as an
24 option for stormwater management requirements in land development projects without first having to
25 obtain a waiver from the City of Little Rock Planning Commission.
26 WHEREAS, it is the intent of the City of Little Rock to revise its current Stormwater Management
27 and Drainage Manual by providing stormwater LID techniques for commercial, industrial, and multi -
28 family greater than MF -6 units per acre development.
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
30 OF LITTLE ROCK, ARKANSAS:
31 Section 1. The City of Little Rock shall allow the use of Low Impact Development techniques when
32 developing commercial, industrial, and multi - family greater than MF -6 units per acre as approved by the
[PAGE 1 OF 4]
ORDINANCE
To Amend Chapter B otthe Little Rock Code, as
to rental inspection and rental registration programs
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Public Works Director, or his /her designee, without having to seek out a variance from the City of Little
Rock Planning Commission.
Section 2. The Public Works Department shall have the discretion to determine whether the LID
techniques employed have reached the standards and guidelines set forth in the Stormwater Management
and Drainage Manual.
Section 3. Definitions.
The following terms used in this ordinance shall have the following meanings:
1). Low Impact Development (LID) is an approach to land development (or re- development) that
works with nature to manage stormwater as close to its source as possible. LID employs principles such
as preserving and recreating natural landscape features, minimizing effective imperviousness to create
functional and appealing site drainage that treat stormwater as a resource rather than a waste product. 20.
2). Stormwater means runoff that occurs as the result of rainfall.
Section 4. Applicability. This ordinance shall apply to all of the lands located within the City of
Little Rock including its extraterritorial jurisdiction. This ordinance applies to commercial, office,
industrial, and multi - family units greater than MF -6 units per acre. It does not apply to facilities in the
public right of way.
Section 5. Low Impact Development Site Design Strategies.
A) Generally, site design strategies will address the arrangement of buildings, roads, parking areas,
and other features, and the conveyance of stormwater runoff across the site. LID site design strategies are
intended to complement the natural and built environment while minimizing the generation of runoff.
The design strategies should address some or all of the following considerations:
1). Necessary grading and land disturbance should be designed to encourage sheet flow and lengthen
stormwater flow paths.
2). Natural drainage divides should be maintained to keep flow paths dispersed.
3). Areas of impervious surfaces should be separated and stormwater should be conveyed across
vegetated areas. This assists runoff filtration and encourages infiltration.
4). Small -scale LID techniques should be distributed across the development site in order to
maximize benefits.
5). Naturally vegetated areas and soil types that slow runoff, filter pollutants and facilitate infiltration
should be preserved.
6). Low Impact Development systems and structures should be integrated into the natural and built
landscape with attention to flow paths, infiltration areas and the use of appropriate native plant materials.
[PAGE 2 OF 41
ORDINANCE
To Amend Chapter 8 of the Little Rock Code, as
to rental inspection and rental registration programs
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 6. Submittal Requirements. The applicant shall submit a drainage report that provides all
necessary information to support the LID design elements within the development, including
specifications and technical information for the site specific design details that support the proposed LID
systems and structures. Sufficient technical documentation and design methodology should be provided
to support that the LID treatment capacity is sufficient,
A maintenance plan shall also be submitted so that the LID facility shall not retain run -off for an
extended period of time.
Section 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
effect as if the portion so declared or adjudged to be invalid or unconstitutional were not originally a part
of the ordinance.
Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with
the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
PASSED:
ATTEST: APPROVED:
Susan Langley, Acting City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
H
H
H
H
H
H
H
H
H
H
H
ORDINANCE
To Amend Chapter 8 of the Little Rock Code, as
to rental inspection and rental registration programs
[PAGE 3 OF 4]
Mark Stodola, Mayor
[PAGE 4 OF 4]
ORDINANCE
To Amend Chapter 8 of the Little Rock Code, as
to rental inspection and rental registration programs
I ORDINANCE NO.
2
3 AN ORDINANCE TO AMEND VARIOUS PROVISONS OF CHAPTER 36 OF
4 THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK TO ALLOW
5 THE USE OF LOW IMPACT DEVELOPMENT (LID) BEST MANAGEMENT
6 PRACTICES
7
8 WHEREAS, in 2012 the City of Little Rock was awarded a $900,000 federal grant by the Arkansas
9 Natural Resources Commission to create a water quality demonstration project utilizing Low Impact
10 Development (LID) techniques including rain gardens, pervious paving, bioswales, vegetated walls, curb
11 extensions, infiltration trenches, tree meanders, and tree box filters. This demonstration project is nearing
12 completion and it now assists in educating the community about the benefits of Low Impact
13 Development.
14 WHEREAS, the City of Little Rock is committed to reducing the volume of nonpoint source runoff,
15 including stormwater, flowing into its sewer system, improving the water quality of its surface waters,
16 and decreasing underground stormwater conveyance that may ultimately runoff into the Arkansas River.
17 WHEREAS, the current City of Little Rock Zoning Ordinance does not currently allow the
18 utilization of LID techniques as an option for stormwater management requirements in land development
19 projects without first having to obtain a waiver from the City of Little Rock Planning Commission.
20 WHEREAS, it is the intent of the City of Little Rock to amend its current zoning ordinance to allow
21 Low Impact Development (LID) Best Management Practices (BMP's).
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
23 OF LITTLE ROCK, ARKANSAS:
24 Section 1. The Code of Ordinances, Chapter 36, Section 36 -508, is hereby amended to add a second
25 paragraph to read as follows:
26 Low Impact Development (LID) Best Management Practices (BMP's) are encouraged to be used for
27 parking lot design and construction, unless site and soil conditions make LID infeasible as determined by
28 the Public Works Department. LID and BMP's for parking lot design include, but are not limited to
29 pervious surfacing and bioretention swales. Pervious surfacing may be an option for all or a portion of
30 the vehicular use area depending on the use, soil conditions and associated vehicular traffic. Pervious
31 surfacing includes, but is not limited to paving blocks, pervious concrete and porous asphalt.
32 Section 2. The Code of Ordinances Chapter 36, Section 36 -510, to add a second paragraph to read as
33 follows:
[PAGE 1 OF 3]
ORDINANCE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Low Impact Development (LID) Best Management Practices (BMP's) are encouraged integrating
stormwater management facilities such as bioretention swales in the landscape design.
Section 3. The Code of Ordinances Chapter 36, Section 36 -521. (c) (1), to add additional text and to
then read as follows:
(1) Plantings, trees, groundcover and ornamental or structural embellishments as may be required by
the landscape ordinance. Low Impact Development (LID) Best Management Practices (BMP's) are
encouraged to be utilized in the landscape design.
Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
effect as if the portion so declared or adjudged to be invalid or unconstitutional were not originally a part
of the ordinance.
Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with
the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
PASSED:
ATTEST:
Susan Langley, Acting City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
//
//
//
//
//
//
ORDINANCE
[PAGE 2 OF 3]
APPROVED:
Mark Stodola, Mayor
I //
3 //
[PAGE 3 OF 3]
ORDINANCE
DATE
PLANNING COMMISSION VOTE RECORD
G4ASF- 1-1T
MEMBER
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BROCK, TOM
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
HAMILTON, SCOTT
LATTU R E, PAUL
MAY, BILL B.
Meeting Adjourned .y � P. M.
AYE NAPE ABSENT ABSTAIN �RECUSE
-
■
I 4 -
...�I
■ ■ ■ . .
..-.I
r
COX, KEITH
DILLON,
REBECCA
HAMILTON,
r ■ PAUL
MEMBER
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BROCK, TOM
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
HAMILTON, SCOTT
LATTU R E, PAUL
MAY, BILL B.
Meeting Adjourned .y � P. M.
AYE NAPE ABSENT ABSTAIN �RECUSE
May 21, 2015
There being no further business before the Commission, the meeting
was adjourned at 4:14 p.m.
Date '
z4
Se reta _ �" Chairma