pc_01 10 2013
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JANUARY 10, 2013
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Tom Brock
Alan Bubbus
William Changose
Janet Dillon
J. T. Ferstl
Keith Fountain
Obray Nunnley, Jr.
Amy Pierce
Bill Rector
Members Absent: Rebecca Finney
Open Position
City Attorney: Cindy Dawson
III. Approval of the Minutes of the November 29, 2012 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JANUARY 10, 2013
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8805 Oxford House Group Home – Special Use Permit
101 N. Plaza Drive
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. LU13-18-01 A Land Use Plan Amendment in the Ellis Mountain
Planning District from Light Industrial to Mining at the
intersection of Hugh Taylor Road and Lawson Road.
1.1 Z-7780-A Rezoning from R-2 to M
23400 Hugh Taylor Road
2. LU13-15-01 A Land Use Plan Amendment in the West Geyer
Springs Planning District from Suburban Office to Mixed
Commercial Industrial in the 10700 Block of Sardis
Road and Woodman Street.
2.1 Z-8824 Rezoning from R-2 to C-4
10700 Block of Sardis Road and Woodman Street
2.2 Z-8824-A Lawhon Vehicle Storage Yard – Conditional Use Permit
10700 Block of Sardis Road and Woodman Street
3. LU13-24-01 A Land Use Plan Amendment in the Sweet Home
College Station Planning District from Park/Open Space
to Mining southeast of the I-30, I-530 and I-440
interchange in Sections 23, 24 and 26, T-1-N, R-12-W.
3.1 Z-8825 Rezoning from PR and R-2 to M
South and west of Gillam Park
Agenda, Page Two
Item Number:
File Number:
Title:
4. LU13-03-01 A Land Use Plan Amendment in the West Little Rock
Planning District from Residential Low Density to
Commercial in the 8200 – 8300 block of Cantrell Road.
4.1 Z-8829 Rezoning from R-2 to C-3
8220 – 8300 Cantrell Road
5. Z-3836-G Christ The King Catholic Church – Revised Conditional
Use Permit
4000 N. Rodney Parham Road
6. Z-6467-D 5301 Mabelvale Pike Car Wash and Detail Shop –
Conditional Use Permit
5301 Mabelvale Pike
7. Z-8826 Family Dollar Store – Conditional Use Permit
801 E. Roosevelt Road
8. Z-8827 6523 Hinkson Road Church – Conditional Use Permit
6523 Hinkson Road
9. Z-8828 1001 LaHarpe Blvd. Warehousing and Wholesaling –
Conditional Use Permit
1001 LaHarpe Blvd.
10. Z-8442-A Arkansas Baptist College Business Offices Building –
Conditional Use Permit
1519 Dr. Martin Luther King, Jr. Drive
11. Z-8830 Arkansas Baptist College Office Buildings and High
School Charter School – Conditional Use Permit
1607 Dr. Martin Luther King, Jr. Drive
12. Z-8831 Arkansas Baptist College Office Building – Conditional
Use Permit
1319 West 16th Street
13. Z-8832 Arkansas Baptist College Parking lot – Conditional
Use Permit
1700 Marshall Street
January 10, 2013
ITEM NO.: A FILE NO.: Z-8805
Name: Oxford House Group Home – Special Use
Permit
Location: 101 N. Plaza Drive
Owner: AROX, LLC
Applicant: Oxford House/Jack T. Fryer, Jr.
Proposal: A Special Use Permit is requested to allow a
group home to be operated in the single family
residence located on the R-2 zoned property at
101 N. Plaza Drive.
A. Public Notification:
All owners of property located within 200 feet of the site and the Briarwood
Neighborhood Association were notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Fire Department Issues:
1. Have fire extinguisher serviced with a current inspection tag.
2. Place two (2) exit signs above doors (front and back).
3. Place floorplans with exit locations in each bedroom, common room
and kitchen.
4. Place hardwired and inter-connected smoke detectors in each
bedroom, living room and kitchen.
D. Staff Analysis:
The R-2 zoned property at 101 N. Plaza Drive is occupied by a one-story
single-family residential structure. The property is located at the northeast
corner of N. Plaza Drive and West Markham Street. A circular drive with
parking for three (3) vehicles is located on the west side of the house. A
two-car wide driveway from W. Markham Street is located at the southeast
corner of the property. The drive leads to a two-car wide carport at the
January 10, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8805
2
southeast corner of the house. There is parking for at least six (6)
vehicles, utilizing the carport and along the driveway.
The properties to the north, east and west are zoned R-2 and contain
single family residences. Single family residences are also located across
West Markham Street to the south, with church and school facilities to the
southwest along S. Hughes Street.
The applicant, Oxford House Plaza 101 (Jack Fryer), is requesting a
Special Use Permit to allow operation of a group home within the
residential structure on the R-2 zoned property at 101 N. Plaza Drive. The
applicant proposes the group home for up to seven (7) male residents who
are disabled and recovering from alcohol or substance abuse. There will
be no live-in staff. The applicant notes that no other activities such as
counseling or meetings will take place on the site.
Following is the definition of a group home as found in Section 36-3 of the
City’s Zoning Ordinance:
“Group home means a facility that does not fall within
another defined facility category within this section and
which provides housing in a family-like environment to
more than four (4) handicapped individuals. This use
is permitted only as a special use as designated in
this chapter.”
The applicant notes that the total area of the residential structure is
1,780 square feet. The applicant proposes to house the residents in
four (4) bedrooms as follows:
Bedroom 1 – 88 square feet – 1 resident
Bedroom 2 – 200 square feet – 2 residents
Bedroom 3 – 130 square feet – 2 residents
Bedroom 4 – 132 square feet – 2 residents
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 7 persons is
750 square feet. As noted earlier the residential structure contains
1,780 square feet.
January 10, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8805
3
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant. The
occupancy for the bedrooms as proposed conforms to this ordinance
requirement.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions, as adopted by the Board of Directors on September 6, 2005:
1. family care facility, group care facility, group home, parolee
or probationer housing facility, rooming, lodging and
boarding facility.
(a) Separation, spacing and procedural requirements for family
care facilities, group care facilities, group homes, parolee
or probationer housing facilities and rooming, lodging and
boarding facilities will be determined by the Planning
Commission so as not to adversely impact the surrounding
properties and neighborhood. Unless the commission
determines that a different area is more appropriate, a
neighborhood shall be defined as an area incorporating all
properties lying within one thousand five hundred (1,500)
feet of the site for which the permit is requested.
(b) There shall be a presumption that a special use permit for
a group home of 5, 6, 7, or 8 handicapped persons will be
granted if all ordinance requirements are met, except that
individuals whose tenancy would constitute a direct threat
to the health or safety of other individuals of whose
tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c) Issues that the planning commission will consider during its
review of a family care facility, group care facility, group
home, parolee or probationer housing facility, or rooming,
lodging and boarding facility include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to be
served, the number of employees proposed and the
type of services being proposed.
January 10, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8805
4
4. The need and provision for readily accessible public
or quasi-public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and medical
service providers.
6. Availability of adequate on-site parking.
(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility, group
home, parolee or probation housing facility or rooming,
lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be operated
within any and all applicable licensing and procedural
requirements established by the State of Arkansas.
The site is located on CATA bus routes #5 (West Markham Route) and #8
(Rodney Parham Route).
The applicant submitted a copy of a Bill of Assurance for the subdivision.
It was recorded in 1958 and appears to have expired in 2000.
An area survey conducted by staff revealed no existing similar facilities
within 1,500 feet of the subject property.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
Staff is supportive of the application for a group home, as proposed by the
applicant. Staff views the request as reasonable. The property is zoned
R-2 and four (4) unrelated persons could occupy the structure by right.
Additionally, as noted in Section 36-54(e)(4) of the code (page 3. of the staff
report), there shall be a presumption that a special use permit for a group
home of 5 to 8 handicapped persons will be granted if all ordinance
requirements are met. Staff believes that is the case with the subject
property. Utilizing the parking area in the rear yard area in combination
with the circular drive should be sufficient to serve the proposed group
January 10, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8805
5
home use. Staff believes the proposed group home is an appropriate use
for this property.
E. Subdivision Committee Comment: (September 20, 2012)
Jack Fryer and Mike Shannon were present, requesting the application.
Staff briefly described the proposed group home. Staff noted that
additional information was needed with respect to the size of the house
and each bedroom. The applicants noted that the information would be
provided. Staff also noted that the fire marshal must approve use of the
structure as a group home.
Mr. Fryer and Mr. Shannon briefly described the Oxford House program.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
F. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a group
home at 101 N. Plaza Drive, subject to the following conditions:
1. A maximum of seven (7) handicapped residents will be allowed.
2. Compliance with the Fire Department requirements as noted in
paragraph C. of the staff report.
3. Compliance with all other requirements as found in Section 36-54(e)(4)
of the Code.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2012)
Staff informed the Commission that the applicant submitted a letter on
September 21, 2012 requesting this application be deferred to the November 29,
2012 agenda based on the fact that the required sign had not been posted on the
property. Staff supported the deferral request.
The item was placed on the consent agenda and deferred to the November 29,
2012 agenda. The vote was 6 ayes, 0 noes and 5 absent.
January 10, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8805
6
PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012)
Michael Shannon and Jack Fryer were present, representing the application.
There were several objectors present.
Michael Shannon addressed the Commission, requesting a deferral to the
January 10, 2013 agenda in order to meet with neighbors regarding the
application. Allen Klak, representative from the neighborhood, agreed to the
deferral.
There was a motion to defer the application to the January 10, 2013 Planning
Commission agenda. The motion passed by a vote of 9 ayes, 0 nays and
2 absent.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
Michael Shannon and Jack Fryer were present, representing the application.
There were four (4) persons present in opposition. Staff presented the
application with a recommendation of approval.
Michael Shannon addressed the Commission in support of the application. He
noted that Oxford House has been in operation since 1975. He briefly described
the Oxford House program and legal issues related to the proposed type of use.
Cindy Dawson, City Attorney, discussed the legal issues related to the Fair
Housing Act.
Jeanette Krohn addressed the Commission in opposition. She made comments
regarding how Oxford House operates. She expressed concern with traffic and
on-street parking in the area. She also expressed concern with Oxford House
accepting convicted felons. She explained that the group home should have a
smaller number of residents.
Ruth Bell also spoke in opposition. She asked that the applicant provide the area
residents with contact information for Oxford House.
Allen Klak also spoke in opposition. He noted that the neighbors had several
meetings with Oxford House. He expressed objection to seven (7) male
residents at the subject location. He explained that four (4) residents would be
more acceptable.
January 10, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8805
7
Ann Marshall also spoke in opposition. She noted that she had submitted a letter
to the Commission and read excerpts from the letter. She asked that the
maximum occupancy be four (4) residents.
Michael Shannon explained that the Arkansas Department of Human Services
supported the Oxford House program. He provided contact numbers to the
neighbors. He noted that Oxford House had met with the neighbors and
explained why the application was previously deferred.
Commissioner Pierce asked how many persons currently resided in the house
and noted that the Oxford House web site stated that the house was for
seven (7) residents. Mr. Shannon explained that the house has had no more
than four (4) residents.
Commissioner Nunnley asked about an agreement to limit the number of
residents. Mr. Shannon explained that there was never an agreement.
Commissioner Nunnley asked about the number of bedrooms in the house. Jack
Fryer explained that a fourth bedroom was created out of part of the living room
area. Staff noted that the house would contain slightly over 1,200 square feet of
common area. It was also noted that the house contained two (2) bathroom
areas.
There was a brief discussion related to the legal issues associated with the
proposed group home. There was brief additional discussion related to the
Oxford House program. Mr. Shannon noted that seven (7) residents were
requested for this location because of the size of the house.
Chairman Rector asked Ms. Dawson if there had been any testimony at this
public hearing that would lead the Commission to deny the application.
Ms. Dawson noted that she had heard none.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. The
application was approved.
January 10, 2013
ITEM NO.: 1 FILE NO.: LU13-18-01
Name: Land Use Plan Amendment – Ellis Mountain Planning District
Location: Hugh Taylor and Lawson Roads
Request: Light Industrial to Mining
Source: Michael Lasiter, Little Rock Quarries
PROPOSAL / REQUEST:
Land Use Plan amendment in the Ellis Mountain Planning District from Light
Industrial to Mining. The mining category 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. The use will be for storage of mined materials before they are shipped of
site.
EXISTING LAND USE AND ZONING:
The property is partially wooded and pasture land being used as a horse farm
and is currently zoned R-2 Single Family and is 25.83 acres ± in size. To the
north is an area of land zoned Mining. To the southeast are area of I-3 Heavy
Industrial and I-1 Industrial Park, both of which are used for mining related
activities. South and east of the application area across Lawson Road is I-2
Light Industrial that has mining activities on it and directly south is an area of
undeveloped O2 Office and Institutional land. To the west is all R-2 lands which
are sparsely developed in large lot subdivisions or undeveloped in large acreage.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
To the north and the east is an area of land shown as Mining on the Future Land
Use Plan. To the southeast are areas of Industrial and Light Industrial, both of
which are used for mining related activities. South and east of the application
area across Lawson Road is Light Industrial that has mining activities on it and
directly south is an area of undeveloped Office and Public Institutional land. To
the west is all Residential Low Density lands which are sparsely developed in
large lot subdivisions or undeveloped in large acreage.
November 16, 2010, A change was made from Residential Low Density and
Industrial to Mining immediately east and north of the subject property.
October 15, 1996, A change from Mixed Use and Public Institutional to Office
immediately south of the application area on the west side of Lawson Road.
January 10, 2013
ITEM NO.: 1 (Cont.) FILE NO.: LU13-18-01
2
February 4, 1992, multiple changes from mostly Single Family and some Light
Industrial to Industrial, Light Industrial, Multifamily, and Public Institutional in the
current node area.
MASTER STREET PLAN:
The Outer Loop (known as Rahling Road to the north) bisects this area in a north
south path. The east west portions of Lawson Road are shown as a Minor
“arterial while the north south section of Lawson is shown as a Principal Arterial.
Crystal Valley Road is shown as a Principal Arterial and the extension of the
Outer Loop is a Principal Arterial.
The primary function of a Principal Arterial is to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
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 the arterial streets.
The Master Street Plan shows that Outer Loop bisecting the property along the
western section of this property. The path of the Principal arterial generally
follows the valley to the north to connect with Pritchard Mill Road at Colonel
Glenn Road. Dedication will be required for this Principal Arterial. Dedication will
also be required for the frontage along Lawson Road.
BICYCLE PLAN:
There is a proposed Class I bike rout along the north south Outer Loop and to
the east along Lawson Road. A Class I bikeway is built separate from or
alongside a road. Additional paving and right of way may be required.
PARKS:
This area is approximately one and three quarter miles outside the city limits and
further than that to any park facilities.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
January 10, 2013
ITEM NO.: 1 (Cont.) FILE NO.: LU13-18-01
3
ANALYSIS:
The land is shown as Light Industrial on the Future Land Use Plan. The area
surrounding the application is shown as Mining, Light Industrial and Industrial.
With the natural resource of the rock underneath, it is more fitting to show this
land as Mining instead of Light Industrial. 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. This category is not a good fit
for areas that have natural resources under them that could be better served
shown as Mining. The application states that the proposed use of the property is
“to incorporate with existing quarry operations to the east.”
The mining activities have been in this location before the expansion of the City’s
Extraterritorial zoning to this area. The original zonings and Future Land use
categories of Industrial had been placed there for related uses to the mining.
McHenry Creek flows from the northwest and through this site in the southwest
portion of the site. It is flanked on both sides by ridges and flows through
undeveloped forested land and that is shown as Residential Low Density. To the
north of the Mining that is adjacent to the subject property to the north, is also
Residential Low Density that is undeveloped and has frontage along Colonel
Glenn Road. This portion of the county is very hilly with many parallel ridges and
valleys.
Surrounding this site on three sides are mining activities. The change would not
impact these uses since they are similar. There is Residential Low Density due
west of this application. And immediately to the west of the subject property,
there is a large lot subdivision, (minimum 5 acre tracts). The lots that abut the
subject property average 6.1 acres that range from 5.11 to as large as
6.74 acres. They are currently undeveloped and could have a built in buffer with
the large depths of the individual parcels. This change could have an impact on
the single family homes, but with five acres and the deep lot layout, impact could
be minimal.
Along McHenry Creek, there is land that is shown as floodway on the FEMA
maps. That land, if shown as PK/OS park/Open Space on the Future Land Use
Plan and zoned OS Open Space, could provide a buffer to the residential
development to the west.
In November 2010, an area that borders this site to the north and northeast of
was zoned from R-2 Single Family to Mining for the expansion of an existing
mining area. This land is boarded on three sides with non-residential zoning; O-2
January 10, 2013
ITEM NO.: 1 (Cont.) FILE NO.: LU13-18-01
4
Office and Institutional, I-2 Light Industrial, I-3 Heavy Industrial, and M Mining. A
study of an aerial photo of the area shows that there are active mining occurring
on both sides of Lawson Road, though not readily visible from the roadway.
NEIGHBORHOOD COMMENTS:
There are no neighborhood associations in the vicinity of this application.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate with the floodway shown as PK/OS
Park/Open Space.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
Mr. Brian Minyard, Staff, made a presentation for the Land Use Plan amendment
which was followed by a presentation by Monte Moore for the accompanying
Zoning change. See the zoning item minutes for more details.
There was a question by Chairman Bill Rector as to why the map and the Staff
recommendation was different. Mr. Minyard replied that the recommendation to
show the Floodway as PK/OS correlated to the zoning request to zone the
floodway OS Open Space.
Michael Lassiter, the applicant, spoke that he was not intending to mine the new
area, but only to use it for storage of materials.
Steve Giles, representing property owners to the west, spoke that the mining
activities has moved to the west since his clients had purchased the property.
He requested deferral of both items. He stated that at his clients had lost the
“park like setting” of the Light Industrial classification with the switch to Mining.
Beth Kuhnert lives on McHenry Creek Circle and spoke of noise and vibration
from the mining activities. She desired more of a buffer.
There was a motion to approve the item as amended by the applicant (add open
space and no mining of granular stone) with staff recommendation and was
approved with a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 1.1 FILE NO.: Z-7780-A
Owner: Cynthia J. Daniels
Applicant: Michael Lasiter, Little Rock Quarries
Location: 23400 Hugh Taylor Road
Area: 25.83 Acres
Request: Rezone from R-2 M
Purpose: To incorporate with adjacent quarry property to
the east and north
Existing Use: Single family residential/horse farm
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned M
South – Undeveloped property and industrial use (across Lawson Road);
zoned O-2 and I-2
East – Mining operation and mixed industrial uses; zoned M and I-3
West – Undeveloped property and single family residences on large lots;
zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Lawson 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. A future principal arterial street (extension of Rahling Road) is
proposed to be constructed across the subject property. A 110 ft.
right-of-way dedication is required adjacent to the west property line at
the Lawson Road right-of-way. The 110 ft. right-of-way dedication will
continue north across the floodway. The dedication will proceed west
at a 500 ft. radius curvature and then proceed to the northwest along
the northside of the 100 year floodplain delineation.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
January 10, 2013
ITEM NO: 1.1 (Cont.) FILE NO.: Z-7780-A
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the SWLR
United for Progress Neighborhood Association was notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Ellis Planning District. The Land Use Plan
shows Light Industrial (LI) for this property. The Light Industrial category
provides for light warehouse, distribution or storage uses, and/or other
industrial uses that are developed in a well-designed “park like” setting.
The applicant has applied for a rezoning from R-2 (Single Family District)
to M (Mining District) to allow for the expansion of the mining activity on to
this site from the adjacent land. There is a related item on the agenda to
change the Land Use Plan to Mining.
Master Street Plan:
Lawson Road is a Minor Arterial and the proposed West Loop or Outer
Loop is a Principal 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. A
Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within the urbanized area. Entrances and
exits should be limited to minimize negative effects of traffic and
pedestrians on both Lawson Road and the proposed West Loop. 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 Lane is shown along Lawson Road. Bike Lanes provide a
portion of the pavement for the sole use of bicycles. A Class I Bike Path is
shown along the proposed West Loop. A Bike Path is to be a paved path
physically separate for the use of bicycles. Additional right-of-way or an
easement is recommended. Nine-foot paths are recommended to allow
for pedestrian use as well (replacing the sidewalk).
E. STAFF ANALYSIS:
Cynthia J. Daniels, owner of the 25.83 acre property located at 23400
Hugh Taylor Road, is requesting to rezone the property from “R-2’ Single
Family District to “M” Mining District. The property is located at the
northwest corner of Hugh Taylor Road and Lawson Road. The rezoning is
January 10, 2013
ITEM NO: 1.1 (Cont.) FILE NO.: Z-7780-A
3
proposed to allow this property to be incorporated with the adjacent quarry
property to the east, for material storage.
The property contains a single-family structure and barn structure located
near the center of the property. The majority of the property is
pastureland, as a horse farm was located on the property. There is a
creek and pond along the west property line, with portions of the property
being wooded. The overall property has varying degrees of slope.
The general area contains a mixture of uses and zoning. Undeveloped M
zoned property is located to the north. Single family residences on large
lots and undeveloped R-2 zoned property are located to the west. A
mining operation and a mixture of industrial uses are located to the east,
along the north side of Lawson Road. Undeveloped O-2 property is
located to the south and southwest. I-2 zoned property is located to the
south across Lawson Road.
The City’s Future Land Use Plan designates this property as Light
Industrial. A proposed Land Use Plan amendment to Mining is a separate
item on this agenda.
Staff is supportive of the requested M zoning. Staff views the request as
reasonable. As noted previously, a large mining operation and mixed
industrial uses are located to the east, with undeveloped M zoned property
to the north. Staff feels that the requested M zoning, with use of the
property for material storage, will be compatible with the general area. A
portion of the property, along the south and west property lines, is located
in the floodway. It has been past common practice for staff to recommend
the floodway portion of an overall property be zoned “OS” Open Space
District, as the floodway cannot be developed. Such is the case with this
property. Otherwise, staff believes the proposed rezoning will have no
adverse impact on the adjacent properties or general area.
The future West Loop as designated by the Master Street Plan will cross
the southwest portion of this property. In addition to Lawson Road right-
of-way dedication, a dedication deed for this portion of the West Loop
must be submitted to staff prior to Board of Directors’ action.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested M rezoning, subject to that
portion of the property located in the floodway being zoned OS.
January 10, 2013
ITEM NO: 1.1 (Cont.) FILE NO.: Z-7780-A
4
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
Michael Lasiter was present, representing the application. There were two (2)
persons present with concerns. Staff presented the application with a
recommendation of approval. Staff noted that the required notices to
surrounding property owners were mailed two (2) days late. With a vote of 9
ayes, 0 nays, 1 absent and 1 open position, the Commission waived their bylaws
to accept the notification as completed by the applicant.
Michael Lasiter addressed the Commission in support of the application. He
explained that the rezoning was proposed to allow storage of materials
associated with the current mining operation to the east. He amended the
application with the conditions that no aggregate mining take place on the subject
property. He also agreed that the floodway portion of the property be zoned OS.
Stephen Giles, representing the property owner to the west, addressed the
Commission with concerns. He requested the application be deferred so that his
client could meet with the applicant regarding buffering issues between the two
properties.
Beth Kuhnert also spoke, addressing concerns with the proposed zoning. She
noted that she lived in the large lot single family subdivision to the west. She
expressed concerns with mining in the general area.
There was brief additional discussion related to the proposed M zoning.
There was a motion to approve the proposed M/OS rezoning as recommended
by staff and amended by the applicant to add one (1) condition. The motion
passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The
application was approved.
January 10, 2013
ITEM NO.: 2 FILE NO.: LU13-15-01
Name: Land Use Plan Amendment – Geyer Spring West Planning District
Location: 10700 blocks of Woodman St and Sardis Road
Request: Suburban Office to Mixed Commercial Industrial
Source: James Lawhorn
PROPOSAL / REQUEST:
Land Use Plan amendment in the Geyer Spring West Planning District from Suburban
Office to Mixed Commercial Industrial. Mixed Commercial and Industrial provides for a
mixture of commercial and industrial uses to occur. Acceptable uses are commercial or
mixed commercial and industrial. A Planned Zoning District is required if the use is
mixed commercial and industrial. The use will be for automobile storage of impounded
cars.
EXISTING LAND USE AND ZONING:
The property is cleared and partially used for storage of cars and is currently zoned R-2
Single Family and is 1.17 acres ± in size. Immediately surrounding the application is
R-2 Single Family. To the west is a large area of I-2 Light Industrial land that is mostly
vacant except for a textile rental company to the north of the application. To the
northwest, is the area of small block development of Mabelvale. It has a mixture of
uses from single family houses, churches, and some scattered commercial uses. The
area to the south is primarily undeveloped along Sardis Road.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
This property is currently shown as SO Suburban Office. To the north, east and south
is also shown as Suburban Office. Across Sardis Road to the south as well as across
Mabelvale Main to the east is Residential Low Density. To the immediate west is MCI
Mixed Commercial Industrial.
April 2, 2002, A change was made from Single Family to Public Institutional northeast of
the site for a church.
November 4, 1997, multiple changes occurred in the vicinity of the application area
including this site from Multi-Family and Mixed Office Commercial to Mixed Use. The
area immediately to the west was changed from Light Industrial and Mixed Office
Commercial to Mixed Commercial Industrial also at this time.
January 10, 2013
ITEM NO.: 2 (Cont.) FILE NO.: LU13-15-01
2
MASTER STREET PLAN:
Sardis Road is shown as a Collector on the Master Street Plan. Eventually, the
proposed Minor Arterial will be parallel to Sardis connecting Mabelvale Cutoff (just west
of Mabelvale Elementary School) to Sardis Road south and west of the site.
The primary function of a Collector Street is to provide a connection from Local Streets
to Arterials.
Woodman Street is shown as a Local Street. The primary function of a Local Street is to
provide access to adjacent properties. Local Streets which are abutted by
non-residential zoning/use or more intensive zoning than duplexes are considered as
“Commercial Streets”. These streets have a design standard the same as a Collector.
Woodman would be considered a Commercial Street.
BICYCLE PLAN:
Any bikeway or proposed bike route is at least three blocks away from this application
site.
PARKS:
According to the Master Parks Plan, this site is not in an service deficit area, meaning
that there is a public park within 8 blocks of this site, namely Morehart
Park and Pinedale Cove Park.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
ANALYSIS:
This proposal would expand the Mixed Commercial Industrial to the east for a portion of
one block. This proposal is to use the area as a vehicular storage yard, which would
have minimal physical improvements to the site. The area requesting the change is part
of a larger existing use to the west within the mixed Commercial Industrial area.
This amendment is on the boundary of the Mixed Commercial Industrial and Suburban
Office. The Future Land Use Plan shows Suburban Office for this area west of
Mabelvale Main Street. However, the current use pattern is mixed. West of Mabelvale
Main Street and surrounding this application is primarily single family houses with one
exception: a textile rental company located due north of the application site.
January 10, 2013
ITEM NO.: 2 (Cont.) FILE NO.: LU13-15-01
3
The Future Land Use plan is always considered to be a more general plan in nature and
already envisions a change to non-residential for this southwest quadrant of Mabelvale.
More intensive uses are shown, but not developed yet, along Sardis Road west of the
Mabelvale areas. Suburban Office has been shown for this quadrant to help transition
hack to the Residential Low Density in the southeast quadrant and areas south of
Mabelvale.
After the proposed expansion of Mixed Commercial Industrial, there would remain a
Suburban Office area both to the east and south to help buffer the proposed Residential
Low Density areas shown on the plan south of Sardis Road and east of Mabelvale
Main.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Mavis Circle, Pinedale,
Shiloh and SWLR UPS.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was placed on the consent agenda for approval and was approved with a vote
of 9 ayes, 0 nays, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 2.1 FILE NO.: Z-8824
Owner: Johnnie Franklin Lawhon
Applicant: James Lawhon
Location: 10700 blocks of Sardis Road (north side) and
Woodman Street (south side)
Area: 1.17 Acres
Request: Rezone from R-2 to C-4
Purpose: Impound yard
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences and mixed non-residential uses (including across
railroad right-of-way); zoned R-2, I-2, O-1 and C-3
South – Single family property; zoned R-2
East – Single family residences and nonconforming non-residential uses; zoned R-2
West – Towing company and undeveloped property; zoned R-2 and I-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Routes #17 (Mabelvale-Downtown
Route) and #17A (Mabelvale – UALR Route) run along Mabelvale Main Street to
the east.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, and the Mavis Circle,
Pinedale and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
January 10, 2013
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-8824
2
D. LAND USE ELEMENT:
This request is located in Otter Creek Planning District. The Land Use Plan
shows Suburban Office (SO) for this property. The Suburban Office category
provides for low intensity development of office or office parks in close proximity
to lower density residential areas to assure compatibility. A Planned Zoning
District is required. The applicant has applied for a rezoning from R-2 (Single
Family District) to C-4 (Open Display District) to allow for the expansion of a
towing business and use as an impound yard. There is a related item on the
agenda to change the Land Use Plan to Mixed Commercial Industrial.
Master Street Plan:
Sardis Road is shown as a Collector and Woodman Street is a Local Street on
the Master Street Plan. The primary function of a Collector Street is to provide a
connection from Local Streets to Arterials. 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:
A Class II Bike Lane is shown along Sardis Road. Bike Lanes provide a portion
of the pavement for the sole use of bicycles.
E. STAFF ANALYSIS:
Johnnie Franklin Lawhon, owner of the 1.17 acre property located in the 10700
blocks of Sardis Road and Woodman Street, is requesting to rezone the property
from “R-2” Single Family District to “C-4” Open Display District. The property is
comprised of six (6) platted lots, one (1) located on the north side of Sardis Road
and five (5) located on the south side of W oodman Street. The property is
located west of Mabelvale Main Street. The rezoning is proposed in order to use
the property as an impound yard for an adjacent towing business. The towing
business recently entered into a contract with the City of Little Rock and needs
additional vehicle storage space. A conditional use permit application for the
vehicle storage yard is a separate item on this agenda.
The property is currently undeveloped. The site is located in an area of mixed
uses and zoning. Single family residences as well as non-residential uses are
located to the north, including across the railroad right-of-way. Single family
January 10, 2013
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-8824
3
residences are located to the south and east, with non-residential uses, including
auto repair, located to the east. The applicant’s towing company is located to the
west, with undeveloped I-2 zoned property located just further west.
The City’s Future Land Use Plan designates this property as Suburban Office. A
proposed Land Use Plan Amendment to Mixed Commercial Industrial is a
separate item on this agenda.
Staff is supportive of the requested C-4 zoning. Staff views the request as
reasonable. The property is located in an area of mixed uses and zoning,
including auto related uses. The property is proposed for a vehicle storage yard
to serve the existing towing business located on the adjacent property to the
west. As noted previously, a conditional use permit must be approved for the
vehicle storage yard. Issues such as screening and buffers will be reviewed as
part of the conditional use permit. Staff believes the proposed C-4 zoning will
have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff. The vote was
9 ayes, 0 noes, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 2.2 FILE NO.: Z-8824-A
NAME: Lawhon Vehicle Storage Yard – Conditional
Use Permit
LOCATION: 10700 Block of Sardis Road and Woodman Street
OWNER/APPLICANT: Johnnie Lawhon/James Lawhon
PROPOSAL: A conditional use permit is requested to allow a
vehicle storage yard on this vacant, 1+ acre tract. A
request to rezone the property from R-2 to C-4 is
separate item on this agenda (Item No. 2.1, File No.
Z-8824).
1. SITE LOCATION:
The property is located on the south of Woodman Street, north of Sardis
Road, one block west of Mabelvale Main.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. The applicant’s
auto service-towing company is located adjacent to the west. A large area of
I-2 property is located farther west. A mixture of uses is located east and
south of the site; including single-wide manufactured homes, single family
residences and two other auto repair businesses. A mainline railroad is
located one block to the north. A variety of commercial and industrial uses
are located along the railroad. The sole use of this site will be vehicle
storage/parking. The applicant will install privacy fencing to enclose the site.
Staff believes the proposed use is compatible with uses in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Pinedale, Mavis Circle and SWLR
United for Progress Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
Access to the lot will be via a gated entry off of Woodman Street. The
entire lot will be used for vehicle parking. The applicant already operates
a vehicle towing service adjacent to the west, where the towing vehicles
are already parked. Any customer parking will take place at the business
on the property to the west.
January 10, 2013
ITEM NO.: 2.2 (Cont.) FILE NO.: Z-8824-A
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements. With further development beyond the current proposal:
The zoning buffer ordinance requires sixteen foot, eight inch (16’-8”) land
use buffer along the eastern perimeter of the site next to the residentially
zoned property. Seventy percent (70%) of this area must remain
undisturbed.
The zoning buffer ordinance requires nine foot wide (9’) land use buffer
along the southern perimeter of the site next to the residentially zoned
property. Seventy percent (70%) of this area must remain undisturbed.
The zoning buffer ordinance requires nine foot wide (9’) land use buffer
along the southeasterly perimeter of the site next to the residentially zoned
property, denoted as lot nine (9). Seventy percent (70%) of this area must
remain undisturbed.
The zoning street buffer ordinance requires a nine foot wide (9’) street
buffer along Woodman road.
The zoning street buffer ordinance requires an average eighteen foot (18’)
wide street buffer along Sardis Road and is in no case to be less than half
or nine foot (9’).
The landscape ordinance requires a nine foot (9’) wide perimeter
landscape strip around the projects entirety. A variance from this minimal
amount must be obtained from the City Beautiful Commission prior to the
issuance of a building permit.
If the property total is an acre or more then and automatic irrigation
system will be required to water all the new landscape material.
If/when in the future the parking lot is paved then it must comply with
Chapter 15 of the Landscape Ordinance.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the southern and eastern perimeters of the site, next to the residentially
zoned properties.
January 10, 2013
ITEM NO.: 2.2 (Cont.) FILE NO.: Z-8824-A
3
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:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing sewer main on Lot 4. No permanent building
construction allowed within five foot of sewer main. Contact LRW for
details.
Entergy: Thirty (30) foot easement on 3 phase overhead power line north
side of Sardis.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Central Arkansas Water retains easement rights for the previous
right-of-way of the abandoned Elm Street. There is existing 16-inch and
24-inch water transmission mains on the east half of the right-of-way. We
request that the proposed fence only be extended 25 feet into the previous
Elm Street instead of the thirty feet shown on the proposed submittal.
All Central Arkansas Water requirements in effect at the time of request
for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
January 10, 2013
ITEM NO.: 2.2 (Cont.) FILE NO.: Z-8824-A
4
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Fire hydrants (per Code). Maintain access of at least
twenty (20) feet.
County Planning: No Comments.
CATA: A CATA bus route is located just east of this site, at Mabelvale
Main.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicant was present. Staff presented the item and noted little additional
information was needed. Staff asked the applicant locate and describe any
proposed signage and lighting. Staff asked how long vehicles would typically by
kept on the site. Staff noted no salvaging of vehicle parts or sales of vehicles or
vehicle parts would be permitted. Staff informed the Committee that the
applicant proposed to utilize gravel parking since the area would be used solely
for vehicle storage. The applicant was advised to indicate the dumpster and
screening, if one was proposed.
Utility, Fire Department and Landscape Comments were noted. It was noted that
a screening fence would be required where the site was adjacent to residential
properties.
The Committee was advised that a land use plan amendment and rezoning to
C-4 were accompanying items on this agenda. The Committee determined there
were no other issues and forwarded the item to the full Commission. The
applicant was advised to respond to staff issues by December 26, 2012.
January 10, 2013
ITEM NO.: 2.2 (Cont.) FILE NO.: Z-8824-A
5
STAFF ANALYSIS:
A conditional use permit is requested to allow for development of this vacant tract
as a vehicle storage lot for Lawhon’s Towing which is located adjacent to the
west. Lawhon was recently awarded a towing contract with the City and is in
need of the additional vehicle storage lot. A land use plan amendment and
rezoning application are separate items on this agenda (LU13-15-01 and Z-
8224). If approved, the lot will be paved with SV gravel and enclosed by a
privacy-security fence. Access will be via a gated entry off of Woodman Street,
utilizing the former Elm Street right-of-way.
No signage is proposed other than for small informational-identification signage.
Any new lighting must be low-level and shielded downward and into the site.
Typically, vehicle storage does not exceed forty-five (45) days. No salvaging of
vehicle parts or sales of vehicles or vehicle parts will be permitted. No dumpster
is proposed. Business activity, including customer traffic, will occur at the
existing business office to the west.
To staff’s knowledge, there are no outstanding issues. The bill of assurance for
the Town of Mabelvale does not address use issues. The property was
previously cleared and no buffers exist. Further development of the site beyond
the current proposal will require installation of buffer and landscaping.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP to allow a gravel, vehicle
storage yard subject to the following conditions:
1. Compliance with the comments and conditions outlined in Sections 5 and 6 of
the agenda staff report.
2. A 6-foot tall wood privacy fence is to be erected along the south and east
perimeters of the lot where the site is adjacent to residential properties.
3. There is to be no salvaging of vehicle parts or sales of vehicles or vehicle
parts.
4. Use of the property as a vehicle storage yard is limited to Lawhon’s Towing
and Hauling.
January 10, 2013
ITEM NO.: 2.2 (Cont.) FILE NO.: Z-8824-A
6
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
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. The vote was 9 ayes, 0 noes,
1 absent and 1 open position.
January 10, 2013
ITEM NO.: 3 FILE NO.: LU13-24-01
Name: Land Use Plan Amendment – Granite Mountain / Sweet Home Planning
District
Location: SE of the I-30, I-530 and I-440 Interchange in Section 23, 24, and 26 TIN
R12W
Request: Park/Open Space to Mining
Source: Haskell L Dickinson II, McGeorge Contracting Company
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Granite Mountain / Sweet Home Planning District
from Park/Open Space to Mining. The mining category 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. The use
will be for future mining activities.
Prompted by this Land Use Amendment request, the Planning Staff expanded the area
of review to include an area of land that is currently zoned Mining that is under that
same ownership as the property in question. Without that change, there would be an
island of PK/OS within the mining. This change would make the Future Land Use plan
more logical and representational.
EXISTING LAND USE AND ZONING:
The property is wooded and currently zoned PR Park and Recreation and is 178 acres
± in size. (34 acres is the expansion area that is already zoned Mining.) To the north is
Gilliam Park zoned PR Park and Recreation. To the south is land zoned I-3 Heavy
Industrial, R-2 Single Family and M Mining all of which has mining activities on them. To
the west is Interstate 530 and beyond that is more areas shown as Mining. To the east
and northeast is land that is both zoned un-zoned and has a mixture of uses from small
commercial, single family housing and multi-family housing. That land is zoned is PRD
Planned Residential Development, R-2 Single Family and PR Park and Recreation.
Commercial uses are along Springer Boulevard. Those uses include a small grocery
store, a liquor store and vacant commercial buildings.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
December 12, 2000, a change was made from commercial, Public Institutional, Multi
Family and Single Family to Low Density Residential between Gilliam Park Road and
Edge Street at Granite Mountain Circle one half of a mile to the northeast.
January 10, 2013
ITEM NO.: 3 (Cont.) FILE NO.: LU13-24-01
2
MASTER STREET PLAN:
There are no roads classified higher than a local street in the area of the application.
The application does border Interstate 530, but there is no access to that interstate from
the property. There are no proposed streets listed in the Master Street Plan for this
area either. Access to the site is from the south through private property.
BICYCLE PLAN:
The closest bike route to this site is along highway 365 and East Dixon Road and is
shown as a Class II. A Class II bikeway is located on the street as either a 5’ shoulder
or six foot marked bike lane. Additional paving and right of way may be required.
PARKS:
According to the Master Parks Plan, this areas is not in a park deficit area since it
boarders Gilliam Park.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
ANALYSIS:
This application is part of a land swap between the applicant and the City of Little Rock.
That swap exchanged land with the City receiving land that is closer to the heart of
Gilliam Park on top of the hill to the north and the mining interest receiving land to the
south next to the active mine. This swap consolidates the north and west side of
Granite Mountain in the north half of Sec 23 to be in City control. This amendment and
land swap, effectively pushes the mining interest further away from the downtown core
and further from the bulk of the residents in the Granite Mountain community and
replaces it with the land for a nature center.
This swap would increase the area to be used as parkland for Gilliam Park, but even
more, reduces the use of mining the land in the future. This land, that the city received,
is also adjacent to the Fourche Bottoms urban wetland park and is in the view shed of
that park. City of Little Rock Resolutions numbers 13,330, 11,190, and 11,099 refer to
Audubon Arkansas operating a nature center utilizing this property that is ecologically
sensitive. Sensitive areas such as the Fourche Creek and Gilliam Park as noted.
This area has a proliferation of mining uses on adjacent parcels to the south and
southeast. While the use is already there, it is important to protect the view corridor
entering and exiting the city via I-530. The freeway is currently lined with a buffer of
January 10, 2013
ITEM NO.: 3 (Cont.) FILE NO.: LU13-24-01
3
trees and forest and that buffer should remain on the newly acquired land that is the
subject of this amendment.
NEIGHBORHOOD COMMENTS:
Notices were sent to the Granite Mountain neighborhood association.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was placed on the consent agenda for approval and was approved with a vote
of 9 ayes, 0 nays, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 3.1 FILE NO.: Z-8825
Owner: The City of Little Rock
Applicant: Haskell L. Dickinson, II
(McGeorge Contracting Co., Inc.)
Location: South and west of Gillam Park
Area: 136.44 Acres
Request: Rezone from R-2 and PR to M
Purpose: Rock quarry
Existing Use: Park land
SURROUNDING LAND USE AND ZONING
North – Gillam park property; zoned PR
South – Mining operations; zoned M, R-2 and I-3
East – Undeveloped property located outside the Little Rock city limits and not zoned.
West – Mining operations and undeveloped property; zoned M and not zoned
(outside city limits)
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Granite
Mountain Neighborhood Associations were notified of the public hearing.
January 10, 2013
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-8825
2
D. LAND USE ELEMENT:
This request is located in the College Station/Sweet Home Planning District. The
Land Use Plan shows Park/Open Space (PK/OS) for this property. This category
includes all public parks, recreation facilities, greenbelts, flood plains, and other
designated open space and recreational land. The applicant has applied for a
rezoning from PR (Park District) to M (Mining District) to allow for the expansion
of mining activities on to this land from adjacent land. There is a related
application to change the Land Use Plan to Mining on this agenda.
Master Street Plan:
Interstate-530 is shown as a Freeway on the Master Street Plan. Freeways are
generally part of the interstate freeway system and their standards are
established by the federal government. The primary function of a Freeway is to
move vehicles long distances, there is no frontage road or access at this location.
Bicycle Plan:
There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
The City of Little Rock, owner of the 136.44 acres of property located south and
west of Gillam Park, is requesting to rezone the property from “R-2” Single
Family District and “PR” Park and Recreation District to “M” Mining District. A
total of 107.99 acres of the overall property is located at the south end of Gillam
Park, east of Interstate 530. A smaller 28.45 tract is located west of Gillam Park,
along the west side of I-530. The rezoning is proposed in order to incorporate
the property into existing mining operations south and west of the subject
property. The City’s Board of Directors recently entered into a land swap
agreement with McGeorge Contracting Co., Inc. The agreement will swap this
property for approximately 163 acres of property located to the north and east.
The property is undeveloped and mostly wooded. Existing mining operations are
located south and west of the subject property. Undeveloped property, outside
the city limits and not zoned, is located to the east and southwest. Gillam Park
property is located to the north.
The City’s Future Land Use Plan designates the 107.99 acres south of Gillam
Park as Park/Open Space and the 28.45 acre tract west of I-530 as Mining. A
proposed Land Use Plan Amendment to Mining for the 107.99 acre piece is a
separate item on this agenda.
January 10, 2013
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-8825
3
Staff is supportive of the requested M zoning. Staff views the request as
reasonable. The overall property is primarily comprised of a relatively narrow
strip running north/south along the west side of I-530 and running east/west, east
of I-530 and along the south boundary of the park. The northeastern portion of
the proposed M zoning will be located over 1,000 feet away from the nearest
residences in the Springer Blvd./Hwy. 365 area. Staff feels that the rezoning to
allow continuation of the existing mining operations is appropriate. Staff believes
the proposed M zoning will have no adverse impact on the adjacent properties or
the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested M rezoning.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff. The vote was
9 ayes, 0 noes, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 4 FILE NO.: LU13-03-01
Name: Land Use Plan Amendment – West Little Rock Planning District
Location: 8200-8300 Block of Cantrell Road
Request: Residential Low Density to Commercial
Source: Lewis Bunch, Heights Real Estate Company
PROPOSAL / REQUEST:
A Land Use Plan amendment in the West Little Rock Planning District from Residential
Low Density to Commercial. The Commercial category includes a broad range of retail
and wholesale sales of products, personal and professional services, and general
business activities. Commercial activities vary in type and scale, depending on the trade
area that they serve. The application is for general commercial development.
EXISTING LAND USE AND ZONING:
The property has three single family houses on it and is currently zoned R-2 Single
Family on 3.62 acres. The application area is the southern portion of the property: the
frontage along Cantrell. To the north and west are single family homes zoned R-2 and
to the southwest are Reservoir Park and the reservoir zoned PR and R-2 respectively.
To the east is a combination of C-3 General Commercial with retail stores, MF-18
Multifamily and O-2 Office and Institutional uses which are developed with multi-family
housing. To the southeast is more C-3, C-1 Neighborhood Commercial, O-3 General
Office and PRD Planned Residential Development which are developed with the
Pavilion in the Park development, apartments, elderly housing, offices and patio homes,
respectively.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The property is currently shown as RL Residential Low Density. To the north and west
is also RL Residential Low Density. To the east is C Commercial on both sides of
Cantrell Road. Across Cantrell Road to the south are O Office and PK/OS Park / Open
Space.
August 17, 1999, a change was made from Multifamily to Office 800 feet south and east
of the site at 2300 Andover Court.
March 18, 1997, A change from Single Family to Office at 8315 Cantrell across Cantrell
from the application site.
January 10, 2013
ITEM NO.: 4 (Cont.) FILE NO.: LU13-03-01
2
MASTER STREET PLAN:
Cantrell Road is shown as a Principal Arterial at this location. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic generators or
activity centers within urbanized areas. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Cantrell Road since it is a
Principal Arterial.
BICYCLE PLAN:
There is a proposed Class I bike route that goes along the western portion of this
property in question. It is planned to go through Reservoir Park and then travel
northward to the Arkansas River and parallel Jimmerson Creek. A Class I bikeway is
built separate from or alongside a road. Additional paving and right of way may be
required.
PARKS:
This area is served by Reservoir Park which is across Cantrell Road form this site.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
ANALYSIS:
Cantrell Road from this site west is all residential use or Park/Open Space on the Future
Land use Plan. To the east, to Perryville Road is shown as Commercial with a mixture
of Multi-family and Office located behind. From Perryville to the bottom of Cantrell Hill
in Riverdale, the frontage along Cantrell is residential with the exception of the
Kavanagh and Cantrell intersection. That being said, the section of Cantrell from
Perryville to this site forms on large node of Commercial almost one and one-quarter
miles in length that includes the Mississippi and Cantrell intersection. Stripping out the
reminder of Cantrell Road is not a sound planning principal.
Conversion of part of the Residential Low Density areas to commercial resulting in a
more “strip” commercial development along arterial streets can have negative traffic
impacts. Cantrell Road in the area of the application is already at 35,000 ADT when the
design value is 25,000 ADT (average daily trips).
The commercial mentioned above is all developed with no vacant parcels to Staff’s
knowledge. It is occupied with a variety of uses from banks, retail shops, shopping
centers, apartments and restaurants. This strip of Commercial has not significantly
January 10, 2013
ITEM NO.: 4 (Cont.) FILE NO.: LU13-03-01
3
changed in the recent past. This is a stable developed section of Little Rock with both
viable residential and non-residential uses. Changes have been made in the tenant
composition, but no major expansion or contraction in the area since the
1997 amendment.
In 1997, the area across the road at 8315 Cantrell was changed to Office for an office
development. Prior to that, it was shown as Residential Low Density, zoned R-2, and
was an isolated single family use surrounded by a commercial shopping center and a
regional park. The park serves as a transition from the intense commercial “Pavilion in
the Park” on the east to the Single Family homes to the west. 8315 Cantrell was
supported in 1997 because the large institutional use of the park and reservoir on its’
western border would stop the progression of non-residential uses to the west.
However, the north side of the road does not have a large public park, institutional use
or similar development as the Park on the south side to halt the progression of
commercialization to the west.
The Commercial developments and residential developments along the north side of
Cantrell have been in place for decades.
NEIGHBORHOOD COMMENTS:
Notices were sent to the Robinwood neighborhood association.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was placed on the consent agenda for deferral to the February 21, 2013
agenda and was deferred with a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 4.1 FILE NO.: Z-8829
Owner: Heights Real Estate Company and
65th Street Center, Inc.
Applicant: Lewis Bunch and Jeff Yates
Location: 8220 – 8300 Cantrell Road
Area: 3.62 Acres
Request: Rezone from R-2 to C-3
Purpose: Expansion of the adjacent Cantrell Heights
Shopping Center
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Undeveloped property (same ownership) and single family residences;
zoned R-2
South – Office development and Reservoir Park; zoned POD and PR
East – Mixed commercial, office and residential development; zoned C-3, MF-18, O-2
and PRD
West – Single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA bus route #25 (Highway 10 Express Route).
January 10, 2013
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-8829
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Robinwood
Property Owners Association were notified of the public hearing. Staff could find
no contact information for the Andover Square Neighborhood Association.
D. LAND USE ELEMENT:
This request is located in the West Little Rock 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 C-3 (General Commercial District) to allow for the development of
retail uses on this site. There is a related item on the agenda to change the Land
Use Plan to Commercial.
Master Street Plan:
Cantrell Road is shown as a Principal Arterial on the Master Street Plan. A
Principal Arterial is to serve through traffic and to connect major traffic generators
or activity centers within the urbanized area. Entrances and exits should be
limited to minimize negative effects of traffic and pedestrians on Cantrell Road.
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:
Heights Real Estate Company and 65th Street Center, Inc., owners of the 3.62
acre property located at 8220 – 8300 Cantrell Road, are requesting to rezone the
property from “R-2” Single Family District to “C-3” General Commercial District.
The property is located on the north side of Cantrell Road, west of Andover
Court. The rezoning is proposed in order to allow expansion of the existing
Cantrell Heights Shopping Center to the east. The overall ownership is
comprised of 5.653 acres, but the applicant is requesting rezoning of just the
south 3.62 acres. The overall property has approximately 470 feet of frontage
along Cantrell Road.
The property is currently comprised of three (3) single family residences within the
west 360 feet of the property. The east 100 feet of the property is undeveloped.
The areas to the north and west are zoned R-2 and contain single family
January 10, 2013
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-8829
3
residences. An office development and the entry to Reservoir Park are located
across Cantrell Road to the south. The reservoir is located to the southwest. A
mixture of residential (multi-family), office and commercial uses and zoning is
located to the east and southeast.
The City’s Future Land Use Plan designates this property as Residential Low
Density. A proposed Land Use Plan Amendment to Commercial is a separate
item on this agenda.
Staff does not support the requested C-3 rezoning. Staff feels that commercial
zoning is not appropriate for the subject property. A west boundary line for the
commercial zoning and development was established a number of years ago.
The POD development across Cantrell Road to the south was an in-
fill/transitional development between the commercial zoning and the reservoir.
The current C-3 proposal would eliminate three (3) existing single family homes
along the north side of Cantrell Road, extending the current commercial zoning
strip. Staff believes that eliminating any of the single family homes along the
north side of Cantrell Road, west of the existing commercial zoning line would be
detrimental and have an adverse impact on the adjacent single family properties
and the general area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
Staff informed the Commission that on January 3, 2013, the applicant requested
deferral of this application to the February 21, 2013 agenda to allow additional time to
meet with the surrounding property owners. Staff supported the deferral request. The
item was placed on the consent agenda and deferred to the February 21, 2013 agenda
with a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 5 FILE NO.: Z-3836-G
NAME: Christ The King Catholic Church –
Revised Conditional Use Permit
LOCATION: 4000 N. Rodney Parham Road
OWNER/APPLICANT: Roman Catholic Diocese of Little Rock/Crafton Tull
PROPOSAL: A revision to the previously approved conditional use
permit is requested to allow proposed additions to this
existing church – private school campus; including a
new family life center, a new office building, a
columbarium and new parking. The 12+ acre campus
is zoned R-2.
STAFF REPORT:
On December 28, 2012, the applicant requested deferral of this item to allow for
possible revisions to the plan. Staff supports a deferral to the February 21, 2013
Agenda.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
The applicant was not present. There were no objectors present. Staff informed
the commission that, on December 28, 2012, the applicant had requested
deferral of the item to allow for possible revisions to the plan. There was no
further discussion. The item was placed on the consent agenda and approved
for deferral to the February 21, 2013 agenda. The vote was 9 ayes, 0 noes,
1 absent and 1 open position.
January 10, 2013
ITEM NO.: 6 FILE NO.: Z-6467-D
NAME: 5301 Mabelvale Pike Car Wash and Detail Shop –
Conditional Use Permit
LOCATION: 5301 Mabelvale Pike
OWNER/APPLICANT: David Jacks/David Henry
PROPOSAL: A conditional use permit is requested to allow a car
wash – detail shop on this developed, C-3 zoned
property.
1. SITE LOCATION:
The site is located at the southeast corner of the intersection of Mabelvale
Pike and West 53rd Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. Single
family homes are located to the east. Uses to the north include a school,
multifamily, offices and a church. To the west and south, the uses are
varied; including commercial, offices, a church and a scattering of
residential. The building was constructed as a service station and has a
history of use as vehicle related uses, including a car wash. Staff believes
a screening fence should be erected along the east perimeter, where the
adjacent uses are residential. With the screening and proper attention to
how the business operates, the use 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 has concrete and asphalt parking with an area of gravel located
behind the building. Two driveways provide access off of Mabelvale Pike.
No changes are proposed.
4. SCREENING AND BUFFERS:
A six (6) foot tall, wood privacy fence should be erected or dense
evergreen plants installed along the east property line where the site is
adjacent to residential property.
January 10, 2013
ITEM NO.: 6 (Cont.) FILE NO.: Z-6467-D
2
If remodeling costs exceed fifty (50) % of the building’s current
replacement cost, a corresponding upgrade in landscaping is required.
5. PUBLIC WORKS COMMENTS:
1. Right-of-way should be dedicated to the back of the existing sidewalk.
Check real estates records. City of Little Rock may have already
purchased this right-of-way.
2. At the time of building permit or occupancy, the north driveway should
be removed and the curb cut closed.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Car wash will require a sand and oil interceptor installation.
Contact Mikel Murders with LRW for details (688-1532).
Entergy: Thirty (30) foot easement for 3 phase overhead power line south
side of Mabelvale. Twenty (20) foot easement for 2 phase overhead
power line south side of property.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
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.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
January 10, 2013
ITEM NO.: 6 (Cont.) FILE NO.: Z-6467-D
3
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Maintain access of at least twenty (20) feet.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicant was not present. Staff informed the Committee that some
additional information was needed including a signage plan and dumpster
location. The applicant would be asked to described exactly what work will occur
on the site and where it will take place (inside and outside the building). Staff
stated they needed to know the number of employees. Staff stated screening
would be required along the east perimeter.
Public Works, Utility and Landscape Comments were presented as noted in
Sections 4, 5 and 6 of the staff report.
Staff advised the Committee that the comments would be provided to the
applicant (they were later that day).
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The C-3 zoned property located at 5301 Mabelvale Pike contains a one-story
block building. The building was constructed as a service station/garage and has
two service bays. Subsequent to the building’s use as a service station, other
January 10, 2013
ITEM NO.: 6 (Cont.) FILE NO.: Z-6467-D
4
uses have occupied the site; including a brake shop, car repair shop and a car
detail shop. The applicant proposes to lease the premises for operation of a
detail shop. The site has lost its nonconformity and a conditional use permit is
required for a car wash/detail shop in C-3.
Other than for any changes required within the garage bays to accommodate the
vehicle washing, no changes are proposed to the site. Vehicle washing will
occur in the building. Finishing will occur on the paved area next to the building.
This is typical for this type of operation.
Days and hours of operation are proposed not to exceed 8:00 a.m. – 8:00 p.m.,
seven days a week. The work is somewhat seasonal and the number of
employees will vary with the daily workload. No new lighting is proposed for the
site. Signage currently consists only of a wall sign. If a ground sign is added
later, it will comply with commercial district standards. No dumpster is currently
proposed. If one is added later, it will be located and screened to comply with
Ordinance requirements. There is currently dense vegetation along the east
perimeter. The applicant has agreed to install screening, either a 6-foot tall wood
privacy fence or dense evergreen plantings, if the existing screening is found to
be deficient. It appears right-of-way was acquired with the widening project for
Mabelvale Pike.
Staff is supportive of the requested CUP allowing the continued use of this old
service station for a detail shop appears to be a reasonable use. 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 4, 5 and 6 of the agenda staff
report.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
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. The vote was 9 ayes, 0 noes,
1 absent and 1 open position.
January 10, 2013
ITEM NO.: 7 FILE NO.: Z-8826
NAME: Family Dollar Store – Conditional Use Permit
LOCATION: 801 East Roosevelt Road
OWNER/APPLICANT: Hastings Realty/Crafton Tull
PROPOSAL: A conditional use permit is requested to allow the
construction of a Family Dollar Store on this I-2
zoned, 1.07 acre tract.
1. SITE LOCATION:
The property is located on the south side of East Roosevelt Road, two
blocks east of I-30, across from Horace Mann School.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. Uses in the
immediate area include a wholesale business, a welding supply company,
a convenience store with gas pumps, a school and undeveloped industrial
property. Additional commercial uses are located farther east. The site is
currently occupied by a vacant bank building. The proposed new retail
store should be compatible with the neighborhood and will provide a
needed service to this part of the community.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Community Outreach Neighborhood
Association.
3. ON SITE DRIVES AND PARKING:
This 9,100 square foot retail store requires 30 parking spaces. 38 parking
spaces are proposed in front and on the east side of the store. Access will
be via a shared driveway over the lot to the west. Both properties are
currently owned by the same entity. Prior to a building permit, a cross
access easement will be executed to legitimize the shared driveway. A
second driveway off the private drive to the south will provide access for
delivery trucks only.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
January 10, 2013
ITEM NO.: 7 (Cont.) FILE NO.: Z-8826
2
The zoning buffer ordinance requires an average twelve foot (12’) wide
street buffer along E. Roosevelt Road and in no case to be less than nine
foot (9’).
The landscape ordinance requires a nine foot (9’) wide landscape strip
around the sites entirety. Currently, there are three (3) locations this
minimal amount is not being met. Along the northern property line and
along the
western property line; revise. A variance from this minimal requirement
must be obtained from the City Beautiful Commission prior to the issuance
of a building permit.
The landscape ordinance requires building landscaping currently there is
zero (0) being proposed. A variance from this minimal requirement must
be obtained from the City Beautiful Commission prior to the issuance of a
building permit.
5. PUBLIC WORKS COMMENTS:
1. At time of building permit, sidewalks with appropriate handicap ramps
are required in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan. Sidewalk should be constructed
on McAlmont Street and the private drive on the south. The back of
the sidewalk adjacent to Roosevelt should be placed at the property
line. The back of the sidewalk adjacent to McAlmont Street and the
south private drive should be located twelve (12) feet off the back of
curb.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Roosevelt Road including five (5) foot sidewalks with planned
development.
3. At time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to
occupancy.
4. Plans of all work in right-of-way shall be submitted for approval prior
to start of work. Obtain barricade permit prior to doing any work in
the right-of-way from Traffic Engineering at (501) 379-1805 (Travis
Herbner).
5. At time of building permit, obtain permits for improvements within
State Highway right-of-way from AHTD, District VI.
January 10, 2013
ITEM NO.: 7 (Cont.) FILE NO.: Z-8826
3
6. A grading permit in accordance with Section 29-186 (c) & (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.
7. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan. If it
is believed detention does not apply, calculations must be provided
showing the pre and post impervious area.
8. The private streets should be located in platted access easements.
9. The driveway to the site off Roosevelt Road should be located within
an access easement.
10. If disturbed area is one or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior
to the start of construction.
11. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction. An elevation certificate is
required to be provided prior to issuance of the certificate of
occupancy.
12. The minimum finish floor elevation of at least one foot above the
base flood elevation is required to be shown on plat and grading
plans. The mechanical equipment for the structure must be elevated
to above the base flood elevation.
13. Currently, Roosevelt Road at this location floods during intense rain
events.
14. One site striping and signage plans should be forwarded to Public
Works, Traffic Engineering for approval with the site development
package.
15. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. The width of
driveway must not exceed thirty-six (36) feet.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
January 10, 2013
ITEM NO.: 7 (Cont.) FILE NO.: Z-8826
4
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s
material and construction specifications and installation will be inspected
by an engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line Agreement is required.
Fire Department: Fire hydrants (per Code). Maintain access of at least
twenty (20) feet.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
January 10, 2013
ITEM NO.: 7 (Cont.) FILE NO.: Z-8826
5
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicant was present. Staff asked the applicant to provide a copy of the
existing bill of assurance, a signage plan and a fencing plan. Staff asked what
the proposed days and hours of operation would be. It was noted that access to
the site off of Roosevelt was across the adjacent lot and the survey did not
indicate an access easement to allow the shared access. It was noted that a
variance was requested to allow a reduced setback on the west side.
Public Works, Utility and Landscape Comments were presented and discussed.
It was noted Roosevelt Road was a state highway and coordination with AHTD
was required. Staff stated the cross access easement for the driveway over the
adjacent property would need to be platted prior to building permit submittal.
The applicant was advised to respond to staff issues by December 26, 2012.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow for the construction of a new, 9,180
square foot Family Dollar Store on the I-2 zoned, 1.07 acre tract located at 801
East Roosevelt Road. A vacant bank building which currently occupies the site
will be removed.
The building will be one story in height and will have a masonry finish on the front
with a metal parapet. Sides and rear of the building will be a tan-colored metal.
The building will have a low sloped, metal roof. Paved parking for 38 vehicles
will be located in front and beside the store. Access will be via a shared
driveway over the lot to the west. The delivery area is off of the private drive at
the rear of the store. Signage will consist of a single ground-mounted sign which
complies with the I-2 district standard (20’ in height and 72 square feet in area)
and wall signs on the front and side facades of the building. The wall sign on the
west side requires a variance since that side does not have direct street frontage.
Days and hours of operation are 8:00 – 9:00 p.m., Monday through Saturday and
9:00 a.m. – 9:00 p.m., Sunday. No fencing is proposed other than the screening
fence around the dumpsters and a chainlink fence around the mechanical units
for security. A variance is requested to allow a setback of 0 feet on the west
side. If the property were zoned C-3, no setback would be required. However, in
I-2, a 15-foot side yard is required. Staff is supportive of the setback variance.
Both lots are currently owned by the same entity. The presence of a shared
driveway and a parking area on that adjacent lot provides adequate separation
from any future use on that lot.
January 10, 2013
ITEM NO.: 7 (Cont.) FILE NO.: Z-8826
6
The applicant submitted responses addressing most of the issues raised at
Subdivision Committee. Sidewalks on Roosevelt and the private street to the
east are shown as required. The driveway width on Roosevelt Road has been
reduced to 36 feet. All access easements for the private streets and shared
driveway will be executed prior to building permit submittal. Underground
stormwater detention will be provided. Landscape areas have been increased to
comply with requirements. The site is located in the designated mature area of
the City which does allow for some reduction in buffer and landscape areas. The
applicant states there is no current bill of assurance for this tract. Lighting is not
indicated on the plan but any site lighting should be low-level and directional,
aimed downward and into the site.
There remains only one outstanding issue. Staff has called for placement of a
sidewalk along the private drive on the south side of the tract. The applicant has
requested not to have to install that sidewalk. As of this writing, that issue had
not been resolved.
Otherwise, staff supports the requested CUP, including the building setback and
wall sign variances.
STAFF RECOMMENDATION:
Staff’s recommendation is forthcoming.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
The applicant was present. There were no objectors present. Staff informed the
commission that Public Works had taken another look at the application and
plan. The industrial zoned subdivision has no existing sidewalks except along
Roosevelt Road which is a public street. The other two streets adjacent to the
site are private streets and do not have sidewalks. The developer is widening
Roosevelt Road and installing a sidewalk. A sidewalk is also being installed
adjacent to McAlmont Street which is the private street located east of the site
and which provides an entrance to the subdivision. It has been determined that a
sidewalk is no longer required to be installed along the private street located
south of the site.
In light of the resolution of the sidewalk issue, staff recommended 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.
January 10, 2013
ITEM NO.: 7 (Cont.) FILE NO.: Z-8826
7
2. All site lighting is to be low-level and directional, shielded downward and into
the site.
Staff recommended approval of variances to allow a zero (0) foot setback on the
west perimeter and to allow a wall sign on the west façade without direct street
frontage. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes,
1 absent and 1 open position.
January 10, 2013
ITEM NO.: 8 FILE NO.: Z-8827
NAME: 6523 Hinkson Road Church – Conditional Use Permit
LOCATION: 6523 Hinkson Road
OWNER/APPLICANT: Paul Beavers
PROPOSAL: A conditional use permit is requested to allow a
church to occupy the existing, non-residential building
on this R-2 zoned property.
1. SITE LOCATION:
The property is located on the southeast corner of Hinkson and Oman
Roads, several blocks west of Geyer Springs Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This building was originally constructed as a retail, neighborhood store
and has continued to be occupied by non-residential uses; most recently,
a day care. The Cloverdale Subdivision is located to the west, other
residential properties are adjacent to the south and east. A school
campus is located to the north. The church is proposing to use the
existing building and parking, with some overflow parking to be located
next to the building. Staff believes allowing a small neighborhood church
to occupy the building is an appropriate use.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Cloverdale and SWLR United for
Progress Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The proposed church is expected to have a seating capacity of
approximately 50 persons in the worship area; requiring 12 parking
spaces (1 space/4 seats). The site currently has paved parking for 5
spaces. Additional parking is proposed on an unimproved area east of the
building. The church currently has a membership of 12 persons. The
applicant is proposing to use the unimproved parking area, as needed, for
a period not to exceed 18 months. At that time, an appropriately paved
and landscaped parking area will be installed. Staff supports the 18
month use of the unimproved parking area.
January 10, 2013
ITEM NO.: 8 (Cont.) FILE NO.: Z-8827
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
If the rehabilitation costs of the project exceed fifty percent (50%) of the
replacement costs of the building then the landscaping must be brought
into compliancy accordingly.
Any new parking areas must be landscaped per Chapter 15 of the code of
ordinances.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Oman Road for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Hinkson Road for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
3. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Oman Road and Hinkson Road.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
January 10, 2013
ITEM NO.: 8 (Cont.) FILE NO.: Z-8827
3
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Fire hydrants (per Code). Maintain access of at least
twenty (20) feet.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicant was present. In response to questions from staff, the applicant
stated the seating capacity of the worship area would be about 50 persons
(attendance of 12 now), days and hours of activities would be those that are
typical for a church, the only additional activity would be a food pantry and
signage would consist of wall signs. Staff stated a six foot tall wood privacy
fence should be placed along the south property line where the site is adjacent to
single family. During the discussion, the applicant requested an 18 month
deferral of the requirement to pave and landscape the parking east of the
building. The Committee felt that was reasonable in light of the current church
membership of 12 persons.
Public Works, Utility and Landscape Comments were noted and discussed.
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
January 10, 2013
ITEM NO.: 8 (Cont.) FILE NO.: Z-8827
4
STAFF ANALYSIS:
The R-2 zoned, .4± acre tract located at 6523 Hinkson Road is occupied by a
one-story, 2,200 square foot, non-residential building and paved parking for 5
vehicles. The building was constructed as a neighborhood store prior to the area
being annexed into the City. It subsequently held a variety of non-residential
uses; most recently a day care. The applicant is requesting approval of a
conditional use permit to allow a small church to occupy the building. The church
has a current membership of 12 persons. It is anticipated that the worship area
could seat up to 50 persons.
The church will operate during days and hours that are typical for a small church;
Sunday and Wednesday worship, meetings other evenings. No additional
activities such as a day care, private school or Mother’s Day Out program are
proposed. The church will have a food pantry to serve the needy of the
community. Signage will consist of wall signs on the building facades facing
Oman Road and Hinkson Road. A fenced playground is adjacent to the east
side of the building and will be used by the children of the church.
The applicant is requesting approval of a variance to allow use of an area of
unimproved parking on the east side of the church. Access to that area will be
via a gated entry off of the paved parking lot. The variance is to allow use of the
unimproved parking for up to 18 months, after which the parking will be paved
and landscaped to meet Code requirements.
Staff is supportive of the requested conditional use permit, including the 18
month parking deferral. Reuse of this non-residential building for a small church
appears to be an appropriate use. Staff believes a 6 foot tall, wood privacy fence
should be installed along the south perimeter of the site, where it is adjacent to a
residential property. No dumpster is currently proposed. If one is later proposed,
staff will work with the applicant to assure it is properly located and screened.
The bill of assurance for Arnold’s Highland Acres 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. A 6-foot tall wood privacy fence (finished side facing outward) is to be
installed along the south perimeter of the site.
January 10, 2013
ITEM NO.: 8 (Cont.) FILE NO.: Z-8827
5
3. Any new site lighting is to be low-level, shielded downward and into the site.
Staff recommends approval of the deferral request to allow for use of the
unimproved parking area east of the building for a period not to be exceed 18
months after which the parking is to be paved and landscaped to comply with city
code requirements.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
The applicant was present. There was one objector present. Staff presented the
item and a recommendation of approval as outlined in the “staff recommendation”
above.
Paul Beavers, the applicant, stated he would reserve his time to respond to any
issues raised by the objector.
Pam Adcock, of 6205 Hinkson Road, stated she was not opposed to the church
but was opposed to the variance to allow use of the unimproved parking. She
stated the City did not allow residents to park on unpaved surfaces and
questioned why it should be allowed for the church. She suggested Mr. Beavers
contact the school located across the street to see if some of the school parking
could be used by the church on Sundays. Ms. Adcock stated SWLRUP voted
not to support the application as long as it included parking on the unpaved
surface. She stated although there was some rock base in the unimproved
parking area, there was not enough to prevent rutting when it was wet. She
asked that the commission specify that the area was not to be used when it
was wet.
Mr. Beavers stated the church currently had only twelve (12) members and only
four (4) cars were at the site for services. Chairman Rector responded that the
application was for up to fifty (50) persons which required parking for twelve (12)
cars.
During the ensuing discussion, it was determined that the church could have to
twenty (20) persons and the existing five (5) paved parking spaces would be all
that would be required. Staff suggested that the commission could approved the
application to allow seating for no more than twenty (2) persons now and up to
fifty (50) persons with proper parking, either utilizing the school parking or by
constructing properly paved and landscaped parking on the site.
Subsequently, Chairman Rector restated the application as amended as (1) up
to fifty (50) members (2) limited to twenty (20) members until parking is provided,
either on site or by agreement with the school (3) no parking on the unpaved
area.
January 10, 2013
ITEM NO.: 8 (Cont.) FILE NO.: Z-8827
6
A motion was made to approve the application, as amended. The motion was
approved by a vote of 9 ayes, 0 noes, 1 absent and 1 open position.
January 10, 2013
ITEM NO.: 9 FILE NO.: Z-8828
NAME: 1001 LaHarpe Blvd. Warehousing and Wholesaling –
Conditional Use Permit
LOCATION: 1001 LaHarpe Blvd.
OWNER/APPLICANT: Gary Green/ Alexia Elichiry
PROPOSAL: A conditional use permit is requested to allow the use
of a small portion of this existing, UU zoned building
for warehousing and wholesale distribution of wine.
1. SITE LOCATION:
The property is located on the southwest corner of LaHarpe Blvd. and
Chester Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The applicant proposed to utilize approximately 180 square feet of this
20,000+ square foot building. The remainder of the building is occupied
by office uses. The proposed warehouse – wholesale use will not affect
the site’s compatibility with the surrounding UU zoned neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
A 61 space parking lot wraps around the east and north side of the
building. Access is off of Markham Street and Ringo Street. No changes
are proposed. The addition of the small warehouse – wholesale use will
not affect the site’s parking requirement. The property is zoned UU and
the UU zoning district does not actually require any on-site parking.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
January 10, 2013
ITEM NO.: 9 (Cont.) FILE NO.: Z-8828
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
January 10, 2013
ITEM NO.: 9 (Cont.) FILE NO.: Z-8828
3
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicant was present. Staff noted there were no outstanding issues.
Comments from other reviewing agencies were noted.
The committee determined there were no issues and forwarded the item to the
full Commission.
STAFF ANALYSIS:
The UU zoned property located at 1001 LaHarpe Blvd. Contains a one-story,
20,000+ square foot building and a 61 space parking lot (Gary Green PA) . The
applicant is requesting approval of a conditional use permit to allow for the use of
a 180 square foot room within the building for a warehouse and wholesale
operation. I-2 uses are permitted as a conditional use in the UU zoning district.
The applicant’s intent is to store cases of wine in the vacant office space as a
start-up for a wine wholesale distribution business.
No changes are proposed to the site or building. No signage is proposed.
To staff’s knowledge there are no issues. This very small warehouse –
wholesale business within the existing office building will have no effect on other
properties. The applicant intends to deliver the product herself to retailers. The
Original City of Little Rock does not have a bill of assurance that addresses 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: (JANUARY 10, 2013)
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. The vote was 9 ayes, 0 noes,
1 absent and 1 open position.
January 10, 2013
ITEM NO.: 10 FILE NO.: Z-8442-A
NAME: Arkansas Baptist College Business Offices Building –
Conditional Use Permit
LOCATION: 1519 Dr. Martin Luther King, Jr. Drive.
OWNER/APPLICANT: Arkansas Baptist College
PROPOSAL: A conditional use permit is requested to allow for
construction of a college office building and
associated parking lot on this R-4 and C-3 zoned
property.
1. SITE LOCATION:
The property is located on the east side of MLK, one lot north of West 16th
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located on the edge of the main college campus. The main
campus is located across MLK to the southwest but other campus uses
are located along this portion of MLK. A previously approved Community
Union building is to be constructed on the lot to the south. The residential
structure on this lot is being used as an office under a previously approved
CUP. Residential uses are located to the north and east. Screening is
proposed on all perimeters of this site abutting the residential properties
not owned by the college. The parking lot shown on this plan was
previously indicated with the Community Union building. Staff supports
the continued use of this site by the college, with construction of the new
building.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown and Central High
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The proposed 5,172 square foot office building would typically require 12
parking spaces. Seven parking spaces are indicated. Those working at
the office are currently working elsewhere on the campus and already
parking on other campus making lots. There are currently approximately
160 on-campus parking spaces. Additional parking (117± spaces) is
proposed under the items on this agenda (Z-8442-A, Z-8830 and Z-8832).
January 10, 2013
ITEM NO.: 10 (Cont.) FILE NO.: Z-8442-A
2
The depth of the parking lot has been adjusted as requested by staff to
provide the required perimeter landscaping.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires a nine foot wide (9’) land use buffer
between this property and all the residentially zoned properties. This
buffer is required along the northern, eastern, and some western property
lines. Seventy percent (70%) of this buffer must remain undisturbed.
The landscape ordinance requires a nine foot (9’) wide landscape strip
around the sites entirety. A variance from this minimal requirement must
be obtained from the City Beautiful Commission prior to the issuance of a
building permit.
It appears the handicap parking space encroaches into the required
landscaping perimeter strip; revise. The striped area for the handicap
space also appears to be deficient in size. Consider relocating the
handicap space.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the northern, eastern, and a portion of the western perimeters of the site.
Landscaping to screen the new parking area will be required.
Street trees are highly recommended in conjunction with this application
by both the City of Little Rock and the City Beautiful Commission.
5. PUBLIC WORKS COMMENTS:
1. At the time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
2. At time of building permit, remove all old curb cuts.
3. Sidewalks with appropriate handicap ramps are required along Martin
Luther King Boulevard in accordance with Section 31-175 of the Little
Rock Code and the Master Street Plan.
4. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan. If it is
believed detention does not apply, provide impervious area of pre and
post development.
January 10, 2013
ITEM NO.: 10 (Cont.) FILE NO.: Z-8442-A
3
5. On site striping and signage plans should be forwarded to Public
Works, Traffic Engineering for approval with the site development
package.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing sewer main on property line. No permanent
building construction allowed within five foot of sewer main. Contact LRW
for details.
Entergy: Approved as submitted. Relocation costs apply if required.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
January 10, 2013
ITEM NO.: 10 (Cont.) FILE NO.: Z-8442-A
4
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s
material and construction specifications and installation will be inspected
by an engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line Agreement is required.
Fire Department: Fire hydrants (per Code). Maintain access of at least
twenty (20) feet.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicants were present. Staff presented the item and noted additional
information was needed regarding building design, signage and days of
operation. The applicant was asked to provide the total number of available
on-campus parking spaces. Staff stated a 6-foot tall wood privacy fence would
be required along the north and east perimeters where the parking area is
adjacent to residential properties. Staff also noted the depth of the parking area
should be reduced to provide the required landscape area on the east perimeter.
Staff noted variances would be needed for reduced building setback, reduced
buffers and reduced parking.
Public Works, Utility and Landscape Comments were presented and discussed.
The applicant was advised to respond to staff issues by December 26, 2012.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
A conditional use permit was previously approved to allow for use of the
residential structure at 1519 MLK as offices for Arkansas Baptist College. Prior
approval was also given to allow for construction of a Community Union building
on the lot to the south and parking on the property to the east. The college is
now requesting approval of a CUP to allow for construction of a 5,172 square
January 10, 2013
ITEM NO.: 10 (Cont.) FILE NO.: Z-8442-A
5
foot office building on the property at 1519 MLK. The existing structure on that
lot will be relocated and will continue to be used for offices (Z-8830).
The building will be the primary home for the college’s business office and
financial aid department. There will be 15 – 20 employees. Days and hours of
operation are 7:00 a.m. – 6:00 p.m., Monday through Friday. The building will be
designed to match the architecture of other new campus buildings; brick and
EIFS with glass and metal accents. Signage will consist of a single ground-
mounted sign typical of other campus signage and a wall sign on the building’s
MLK façade. A campus standard, parking lot directional sign will be located at
the driveway entrance on 16th Street.
The applicant submitted responses to issues raised at Subdivision Committee.
There are currently 160± on-campus parking spaces. An additional 117± spaces
are proposed with the various applications which ABC has on this agenda. The
parking lot depth has been reduced to provide the required landscape strips
along the perimeter of the parking lot. The typical zoning buffer landscape
requirement on the perimeter is 9 feet which can be reduced to 6.75 feet since
the site is located in the mature area of the City. The proposed landscaping
meets or exceeds that minimum. A 6-foot tall wood privacy fence is proposed
along the north side of the office building and along the north, east and west
perimeters of the parking lot. Dumpster screening is indicated and the handicap
parking has been relocated. All pole mounted lighting is indicated as complying
with “Arkansas Shielded Outdoor Lighting Act 1963 of 2005 and other dark-sky
regulations.” Wall pac security lighting on the building is indicated as “downward
cast mounted maximum of 12 feet above grade.”
Three variances are requested. The building is proposed to have a front yard
setback of 14 feet to line up with the previously approved Community Union
building. The front yard requirement is typically 25 feet. A 24 inch tall brick
masonry wall will enclose a small courtyard area in front of the building. The
proposed on-site parking is less than typically required. As previously noted,
most of those working in the building are being relocated from other offices
and are currently utilizing other campus parking. The perimeter buffer will be
disturbed and replanted. There is not much in the way of plants in the
buffer now.
Staff is supportive of the item, including the variances. The applicant has
addressed the issues raised by staff. The bill of assurance for Centennial
Addition does not address use issues.
January 10, 2013
ITEM NO.: 10 (Cont.) FILE NO.: Z-8442-A
6
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of the requested setback, parking and buffer
variances.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was discussed in conjunction with item 11 (Z-8830), item 12 (Z-8831)
and item 13 (Z-8832). See Z-8830 and Z-8831 for the complete discussion.
There were four (4) items on the agenda for Arkansas Baptist College and three
(3) persons were present with concerns about two (2) of the items. There was no
opposition to this item.
The applicant was present. Staff presented the item and a recommendation of
approval as outlined in the “staff recommendation” above. During the discussion,
Ward 1 Director Erma Hendrix read a statement from Joyce Matthews of the
Central High Neighborhood Association asking that the items be deferred for
further consideration. The applicant stated they had met with the neighborhood
and asked that the matter move forward. After the discussion, a motion was
made to approve this application subject to compliance with all staff comments
and conditions. The motion was approved by a vote on 8 ayes, 0 noes, 2 absent
and 1 open position.
January 10, 2013
ITEM NO.: 11 FILE NO.: Z-8830
NAME: Arkansas Baptist College Office Building and High
School Charter School – Conditional Use Permit
LOCATION: 1607 Dr. Martin Luther King, Jr. Drive
OWNER/APPLICANT: Arkansas Baptist College
PROPOSAL: A conditional use permit is requested to allow for
construction of a High School Charter School building
and associated parking and the relocation of four (4)
residential structures to be used as offices for the
college on this R-4 zoned site.
1. SITE LOCATION:
The site is located on the east side of MLK, between West 16th and West
17th Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located outside of the main Arkansas Baptist College campus
but within an area where ABC has several facilities. College facilities are
located to the south and north. The main campus extends to the west.
The lay-out of this proposal is such that the principle activity (Charter
School) is located on MLK. Four, small, residential style buildings to be
used as offices will be located along the east perimeter. A parking lot will
be located between the small building and the larger charter school
building. Staff believes the applicant has done a good job of laying out the
site plan so as to minimize any effect on the residential neighborhood
extending to the east. As of this writing, the issue of vehicle stacking for
drop-off of pickup had not been resolved.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown and Central High
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The typical parking requirement for a high school is 6 spaces per
classroom plus 1 space for every employee. This school will have
10 classrooms and up to 10 employees, requiring 70 parking spaces.
The four (4) small office buildings total 5,800 square feet in area, requiring
14 parking spaces at 1/400. The new parking lot has 50 spaces. It is
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
2
anticipated that only a small percentage of students at the charter school
will drive, reducing the need for parking and freeing up spaces for the
office uses.
As of this writing, the issue of vehicle stacking for drop-off/pick-up of the
students has not been resolved.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires a fifteen foot (15’) wide land use
buffer along the eastern property line next to the residentially zoned
property. Seventy percent (70%) of this area must remain undisturbed.
A small amount of building landscaping will be required.
Eight percent (8%) of the parking lot must be allocated for interior islands;
these islands must evenly distributed throughout the site.
The landscape ordinance requires a nine foot (9’) wide landscape strip
around the sites entirety. The plan submitted appears to be meeting this
minimal ordinance requirement.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the eastern perimeter of the site, next to the residentially zoned properties.
An automatic irrigation system to water landscaped area will be required.
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.
Street trees are highly recommended in conjunction with this application
by both the City of Little Rock and the City Beautiful Commission.
5. PUBLIC WORKS COMMENTS:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Martin Luther King Boulevard and W. 17th Street.
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
3
2. At time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
3. At time of building permit, sidewalks with appropriate handicap ramps
are required in accordance with Section 31-175 of the Little Rock Code
and the Master Street Plan. Sidewalks are required to be installed
along Martin Luther King Boulevard, W. 16th Street and W. 17th Street.
4. At time of building permit, remove old curb cuts.
5. At time of building permit, storm water detention ordinance applies to
this property. Show the proposed location for storm water detention
facilities on the plan. If it is believed detention does not apply,
calculations of pre and post impervious area must be provided.
6. At time of building permit, Plans of all work in right-of-way shall be
submitted for approval prior to start of work. Obtain barricade permit
prior to doing any work in the right-of-way from Traffic Engineering at
(501) 379-1805 (Travis Herbner).
7. If disturbed area is one or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Relocation costs apply if required.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
4
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s
material and construction specifications and installation will be inspected
by an engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line Agreement is required.
Fire Department: Fire hydrants (per Code). Maintain access of at least
twenty (20) feet.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicants were present. Staff presented the item and noted additional
information was needed regarding signage, the square footage of each of the
smaller buildings and the proposed clinic use. The applicants were asked to
provide the total number of available on-campus parking spaces. Staff noted a
screening fence would be required along the east perimeter of the side. In
response to a question from staff, the applicants stated meals would be provided
at the college cafeteria.
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
5
Staff asked the applicants to locate the drop-off/pick-up area and to provide a
vehicle stacking plan. During the discussion, it was suggested that the drop-
off/pick-up area could include the main campus area which might provide more
stacking space. The applicants stated they would provide a plan. Public Works
staff stated no stacking would be permitted on the streets, especially MLK.
Public Works, Utility and Landscape Comments were noted and discussed. It
was noted that a variance to allow a reduced buffer on the east perimeter was
needed.
The applicants were addressed to respond to staff issues by December 26, 2012.
The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Arkansas Baptist College is requesting approval of a conditional use permit to
allow the following:
1. Construction of a High School Charter School on the front (west) portion of
the property at 1519 MLK.
2. Relocation of four (4) residential structures from 1607 MLK, 1609 MLK,
1519 MLK, and 1323 West 16th to the rear (east) portion of the property at
1519 MLK to be used as offices for the college.
3. Construction of a parking lot between the charter school building and the four
(4) small office buildings.
Premier Charter School will focus on high school drop-outs and at-risk students.
There will be a maximum enrollment of 240 students in grades 9-12. The
charter school will have 8-10 employees. The classroom building will house the
high school from 7:00 a.m. – 4:00 p.m. The College will hold night classes in
the building from 6:00 p.m. – 9:30 p.m. The building will contain a total of
10 classrooms and support offices. The one-story building will contain 15,000
square feet. A 1,480 square foot student health annex will be located at the
southeast corner of the building. It is anticipated that the St. Vincent’s Health
Clinic will locate in the health annex which contains 2 exam rooms, a triage room,
waiting room and staff offices. Building materials will match the architecture of
new buildings on the campus; brick, EIFS and metal.
Of the four (4) residential buildings proposed to be moved to the rear of the site,
two (2) are currently being used as offices. All four (4) are located where future
development is proposed. All four (4) will be used for various office functions by
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
6
the college. The residential appearance of each structure will be retained, with
landscaped yard space around each structure.
A fifty (50) space parking lot, with access off of West 16th and West 17th Streets,
will be located between the charter school building and the four (4) small
buildings. A dumpster, with screening is indicated in the south end of the parking
lot. It is within the 17th Street setback but to place it elsewhere could impact the
available parking and vehicle stacking. Staff believes the dumpster screenings
should be constructed of brick to match the new charter school building.
Signage is proposed to consist of a single, monument single ground sign on the
MLK frontage and wall signs on the front (west) facades of the charter school and
smaller office buildings. A campus standard parking directional sign will be
placed at each driveway entrance.
The applicant responded to most issues raised at Subdivision Committee. There
are currently 160± on-campus parking spaces. An additional 117± spaces are
proposed under various applications ABC has on this agenda. A six (6) foot tall
wood privacy fence will be placed along the east perimeter of the site. The
College’s on-campus dining hall, across MLK, will be used for breakfast and
lunch by the charter school students.
There are additional variances associated with the request. The Charter School
building is proposed to have reduced front and side setbacks. The landscape
buffer on the east is reduced where the buildings are located. The area around
the buildings will have the appearance of residential yard space and a screening
fence will be installed. The dumpster is located in the 17th Street setback. Staff
believes the dumpster enclosure should be brick to match the new building.
All pole mounted lighting is indicated as complying with “Arkansas Shielded
Outdoor Lighting Act 1963 of 2005 and Other Dark-sky Regulations.” Building
mounted wall pac security lighting is indicated as “downward cast mounted a
maximum of 12 feet above grade.”
The bill of assurance for Centennial Addition does not address use issues.
Staff is generally supportive of the issue. However, the question about student
drop-off/pick-up and vehicle stacking had not yet been answered at the time this
agenda was prepared. The acceptable resolution of that matter will determine
staff’s recommendation which will be presented at the meeting.
STAFF RECOMMENDATION:
Staff’s recommendation is forthcoming.
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
7
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was discussed by the commission as a package including Z-8442-A,
Z-8830, Z-8831 and Z-8832. There were four (4) items on the agenda for
Arkansas Baptist College and three (3) persons were present with concerns
about two (2) of the items.
Staff informed the commission that the applicant had submitted a traffic plan for
student drop-off/pick-up, utilizing the parking lot located on the east side of
Marshall Street, south of 17th Street, near the core of the campus. Traffic will
travel westbound on 18th Street, turn north on Marshall Street and enter the
parking lot. No driveways will be blocked since the college owns everything on
the north side of 18th. Students will walk across the main campus going to and
coming from the charter school. In light of the resolution of the traffic issue, staff
recommended approval of the CUP subject to compliance with the following:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and
6 of the agenda staff report.
2. The dumpster enclosure is to be constructed of materials to match the charter
school building.
Staff recommended approval of the requested setback, buffer, dumpster location
and parking variances.
The applicant was present. Staff presented the item and a recommendation of
approval as outlined in the “staff recommendation” above. The applicant, Dr. Fitz
Hill of Arkansas Baptist College, stated he would reserve his time to respond to
any issues raised by the objectors.
Odies and Frankie Nelson, of 1301 W. 16th Street spoke of their concerns about
the proximity of the charter school and office building (s) to their house. They
also spoke of their concerns about the nature of the students who would be
attending the charter school.
Ward 1 Director Erma Hendrix read a statement from Joyce Matthews of the
Central High Neighborhood Association asking that the items be deferred for
further consideration. In response to her request, staff explained the nature of
the four (2) various applications, specifically the two(2) that were in closest
proximity to the Nelson’s property.
Commissioner Nunnley commented that the proposals by the College were in
line with the Campus Master Plan that had previously been reviewed by the
Commission.
January 10, 2013
ITEM NO.: 11 (Cont.) FILE NO.: Z-8830
8
Dr. Hill stated the college met with the neighborhood association at the beginning
of each semester and had met them on January 8, 2013 to discuss these specific
proposals. He asked that the items move forward. He discussed the need for the
charter school which would have as its focus at-risk students. Dr. Hill presented
a letter from the Department of Arkansas Heritage stating that the college’s plans
to relocate some houses would not impact the Central High Historic District’s
National Register status. Dr. Hill stated the college was committed to working
with the neighborhood and was working to improve the neighborhood.
Billy Owens, the college’s Executive Vice-president and Chief Financial Officer,
stated he had attended the meeting with the neighborhood on January 8 and
there appeared to be no unresolved questions from the neighbors.
Commissioner Changose commented that it seemed to him that whatever
Arkansas Baptist College touched appeared to be improved. Commissioner
Nunnley agreed. Commissioner Fountain stated he was impressed by the plans
for the charter school.
Chairman Rector noted that a commissioner had left and there were now only
eight (8) commissioners present. He stated the applicant could request a
deferral since it would take six (6) votes to approve an item. Dr. Hill stated he
wished to move forward. A motion was made to approve the application,
including all staff comments and conditions. The motion was approved by a vote
of 8 ayes, 0 noes, 2 absent and 1 open position.
January 10, 2013
ITEM NO.: 12 FILE NO.: Z-8831
NAME: Arkansas Baptist College Office Building –
Conditional Use Permit
LOCATION: 1319 West 16th Street
OWNER/APPLICANT: Arkansas Baptist College
PROPOSAL: A conditional use permit is requested to allow a
residential structure to be relocated to this R-4 zoned
lot to be used as offices for the college.
1. SITE LOCATION:
The property is located on the south side of West 16th Street, mid-block
between S. Pulaski Street and MLK.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the eastern edge of the college campus–use
area. The main body of the campus is located across MLK to the east.
Single family residences are located to the east and north. A temporary
college dormitory building is located to the south. The property to the west
is proposed for development with a charter school and four (4) small office
buildings (Item 11on this agenda, Z-8830). The structure is a small, one-
story frame residential structure. No parking will be constructed. For most
appearances, the property will appear to be occupied by a small, single
family residence. Staff believes the proposed use can 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 Central High and Downtown
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
This 900 square foot office should have two on-site parking spaces. No
parking is proposed so that the structure will maintain a residential
appearance. It is anticipated that any office use of the structure will
involve a small number of employees (perhaps no more than two) who will
utilize other campus parking. There are currently 160± on-campus
parking spaces. Additional parking (117± spaces) is proposed under other
items on this agenda.
January 10, 2013
ITEM NO.: 12 (Cont.) FILE NO.: Z-8831
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires a nine foot (9’) wide land use buffer
along the southern and eastern perimeters of the site next to the
residentially zoned properties. Seventy percent (70%) of this area must
remain undisturbed.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the southern and eastern perimeters of the site, next to the residentially
zoned properties.
Any new parking areas must be landscaped per Chapter 15 of the Code of
Ordinances.
5. PUBLIC WORKS COMMENTS:
1. At time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Relocation costs apply if required.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
January 10, 2013
ITEM NO.: 12 (Cont.) FILE NO.: Z-8831
3
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Fire hydrants (per Code). Maintain access of at least
twenty (20) feet.
County Planning: No Comments.
CATA: A CATA bus route is located just west of this site, along Dr. Martin
Luther King Jr. Drive.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff requested a signage plan, the square footage of
the structure and the proposed days of operation. Staff had previously requested
the total number of on-campus parking spaces in conjunction with other items on
this agenda.
Public Works, Utility and Landscape Comments were noted.
The applicants were advised to respond to staff issues by December 26, 2012.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Arkansas Baptist College is requesting approval of a conditional use permit to
allow for the relocation of a 900 square foot residential structure that is used as
January 10, 2013
ITEM NO.: 12 (Cont.) FILE NO.: Z-8831
4
an office from 1322 West 16th Street to 1319 West 16th Street. The 1322 West
16th Street property has previously been approved for development as a parking
lot to serve the new Community Union building which is to be built at the
northeast corner of 16th and MLK. Once the structure is relocated to 1319 West
16th Street, it will continue to be used as an office.
No parking is proposed. Any employees working in the small office will utilize
other campus parking. A small ground sign and possible wall sign (typical of
signage throughout the campus) will be used. No new fencing is proposed.
Portions of the property are already enclosed by a 4-foot chainlink fence.
Screening should be placed along the east and south perimeters where the site
abuts other residential properties, if they are not owned by the college. Any
office use will be limited to 8:00 a.m. – 4:00 p.m., Monday through Friday.
Staff is supportive of the proposed CUP. The structure will retain its residential
character with limited office use. It should fit in with the neighborhood.
Placement of the structure will exceed required zoning setbacks. The Original
City of Little Rock does not have a bill of assurance that addresses 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. Screening, either a wood fence or dense evergreen plantings, should be
placed along the east and south perimeters of the site where it abuts any
residential properties not owned by the college.
Staff recommends approval of a variance to allow no on-site parking. Other
campus parking is to be used.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was discussed by the commission as a package including Z-8442-A,
Z-8830, Z-8831 and Z-8832. There were four (4) items on the agenda for
Arkansas Baptist College and three (3) persons were present with concerns
about two (2) of the items.
The applicant was present. Staff presented the item and a recommendation of
approval as outlined in the “staff recommendation” above. The applicant, Dr. Fitz
January 10, 2013
ITEM NO.: 12 (Cont.) FILE NO.: Z-8831
5
Hill of Arkansas Baptist College, stated he would reserve his time to respond to
any issues raised by the objectors.
Odies and Frankie Nelson, of 1301 W. 16th Street spoke of their concerns about
the proximity of the charter school and office building (s) to their house. They
also spoke of their concerns about the nature of the students who would be
attending the charter school.
Ward 1 Director Erma Hendrix read a statement from Joyce Matthews of the
Central High Neighborhood Association asking that the items be deferred for
further consideration. In response to her request, staff explained the nature of
the four (2) various applications, specifically the two (2) that were in closest
proximity to the Nelson’s property.
Commissioner Nunnley commented that the proposals by the College were in
line with the Campus Master Plan that had previously been reviewed by the
Commission.
Dr. Hill stated the college met with the neighborhood association at the beginning
of each semester and had met them on January 8, 2013 to discuss these specific
proposals. He asked that the items move forward. He discussed the need for the
charter school which would have as its focus at-risk students. Dr. Hill presented
a letter from the Department of Arkansas Heritage stating that the college’s plans
to relocate some houses would not impact the Central High Historic District’s
National Register status. Dr. Hill stated the college was committed to working
with the neighborhood and was working to improve the neighborhood.
Billy Owens, the college’s Executive Vice-president and Chief Financial Officer,
stated he had attended the meeting with the neighborhood on January 8 and
there appeared to be no unresolved questions from the neighbors.
Commissioner Changose commented that it seemed to him that whatever
Arkansas Baptist College touched appeared to be improved. Commissioner
Nunnley agreed. Commissioner Fountain stated he was impressed by the plans
for the charter school.
Chairman Rector noted that a commissioner had left and there were now only
eight (8) commissioners present. He stated the applicant could request a
deferral since it would take six (6) votes to approve an item. Dr. Hill stated he
wished to move forward. A motion was made to approve the application,
including all staff comments and conditions. The motion was approved by a vote
of 8 ayes, 0 noes, 2 absent and 1 open position.
January 10, 2013
ITEM NO.: 13 FILE NO.: Z-8832
NAME: Arkansas Baptist College Parking Lot –
Conditional Use Permit
LOCATION: 1700 Marshall Street
OWNER/APPLICANT: Arkansas Baptist College
PROPOSAL: A conditional use permit is requested to allow a
college parking lot to be constructed on this R-3 and
R-4 zoned property.
1. SITE LOCATION:
The site is located on the west side of Marshall Street, south of West 17th
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The proposed parking lot is located at the western edge of the main
College Campus. The main campus occupies the four blocks bounded by
MLK, 16th, 18th and Marshall although other campus buildings and
activities are located in the larger area. A parking lot is located directly
across Marshall Street to the east, a church is located to the north. The
lot at the southern end of the block is vacant. The Wright Avenue
commercial district is 1 block to the south. Residential properties are
located across the alley to the west. There is a need for additional parking
to accommodate this growing college. Allowing the parking lot could help
pull some of the student parking off of the neighborhood streets. With
proper attention to landscaping and screening, the parking lot could be
compatible with the neighborhood.
Notice of the public hearing was sent to the Central High Neighborhood
Association and all owners of properties located within 200 feet of the site.
3. ON SITE DRIVES AND PARKING:
Access to the parking lot will be off of a single driveway on Marshall Street
and a single driveway off of the alley on 17th Street. The northern end of
the alley will be improved to accommodate the proposed driveway. The
parking lot will contain 60 spaces. The west edge of curb of the driveway
on 17th Street has been adjusted to comply with Public Works comments
below.
January 10, 2013
ITEM NO.: 13 (Cont.) FILE NO.: Z-8832
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
One additional interior island is needed along the western row of parking;
otherwise, areas set aside appear to meet with minimal city code.
Street trees are highly recommended in conjunction with this application
by both the City of Little Rock and the City Beautiful Commission.
Screening and a buffer are required along the south perimeter where the
site is adjacent to a residential property.
5. PUBLIC WORKS COMMENTS:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Marshall Street and W. 17th Street with Phase I and at
the intersection of Marshall Street and W. 18th Street with Phase II.
2. At time of building permit, remove all old curb cuts and concrete slabs
from right-of-way.
3. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
4. At time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
5. The west back of curb of the north driveway should be placed at the
west right-of-way line of the alley.
6. At time of building permit, a grading permit in accordance with Section
29-186 (c) & (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.
7. If disturbed area is one or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
8. On site striping and signage plans should be forwarded to Public
Works, Traffic Engineering for approval with the site development
package.
January 10, 2013
ITEM NO.: 13 (Cont.) FILE NO.: Z-8832
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing sewer main on property. Contact LRW for details.
Entergy: Approved as submitted. Relocation costs apply if required.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
January 10, 2013
ITEM NO.: 13 (Cont.) FILE NO.: Z-8832
4
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff requested the applicant provide a signage plan
and locate and describe any proposed fencing and gates.
Public Works, Utility and Landscape Comments were noted and discussed.
It was noted by the Committee that the proposal indicated a Phase II expansion.
The applicant stated the college did not currently own that lot. The Committee
advised the applicant to remove that lot from the plan. The applicant agreed.
The applicants were advised to respond to staff issues by December 26, 2012.
The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Arkansas Baptist College is requesting approval of a conditional use permit to
allow for construction of a college parking lot on the R-3 and R-4 zoned, 5 lots
located on the west side of Marshall Street, south of 17th Street. All of the lots
are vacant except one. The residential structure on that lot will be relocated
elsewhere on the campus and likely used for offices. The southern-most lot (NW
corner of 18th and Marshall) is owned by a multi-heir estate. The College hopes
to eventually acquire that lot. It is, however, not included in this CUP and
appropriate landscaping and screening will be installed on the south perimeter of
the parking lot where it is adjacent to the lot.
The 60 space parking lot will take access off of Marshall Street and 17th Street.
Required radial right-of-way dedication is indicated. A small, identification sign
(typical of signage through at the campus) will be installed at each driveway.
Required interior and perimeter landscaping areas are indicated. The parking lot
abuts an alley on the west and no landscaping is required on that perimeter.
Residential properties are located across the alley to the west and staff believes
it is appropriate to install a 6-foot tall wood privacy fence along the west
perimeter of the parking lot to provide screening. Pole mounted lighting will be
installed on the street perimeters and within the interior of the parking lot. All
lighting is indicated as complying with “Arkansas Shielded Outdoor Lighting Act
1963 of 2005 and Other Dark-Sky Regulations.” No fencing or gates are
indicated.
Staff is supportive of the proposed CUP. The Centennial Addition Bill of
Assurance does not address use issues. An area property owner has suggested
that the parking lot be designed utilizing a permeable surface such as open-cell,
January 10, 2013
ITEM NO.: 13 (Cont.) FILE NO.: Z-8832
5
concrete block pavers. If the college were to choose to utilize a permeable
surface, staff would support such a proposal. Final design must be approved by
staff.
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. A 6-foot tall, wood privacy fence is to be erected (finished side facing
outward) along the western (alley) perimeter of the parking lot.
Staff supports the use of a permeable surface design for the parking lot, if the
college chooses to utilize such. Final design must be approved by staff.
PLANNING COMMISSION ACTION: (JANUARY 10, 2013)
This item was discussed in conjunction with item 10 (Z-8442-A), item 11 (Z-8830)
and item 12 (Z-8831). See Z-8830 and Z-8831 for the complete discussion.
There were four (4) items on the agenda for Arkansas Baptist College and three
(3) persons were present with concerns about two (2) of the items. There was no
opposition to this item.
The applicant was present. Staff presented the item and a recommendation of
approval as outlined in the “staff recommendation” above. During the discussion,
Ward 1 Director Erma Hendrix read a statement from Joyce Matthews of the
Central High Neighborhood Association asking that the items be deferred for
further consideration. The applicant stated they had met with the neighborhood
and asked that the matter move forward. After the discussion, a motion was
made to approve this application subject to compliance with all staff comments
and conditions. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent
and 1 open position.
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LLJ
U)
u
Lij
P%d
III
y
.�
r�
LU
i
LU
e
N
au
c
0
No
LLJ
U)
u
Lij
P%d
III
y
.�
r�
LU
i
LU
January 10, 2013
There being no further business before the Commission, the meeting
was adjourned at 6:20 p.m.
Date