pc_02 21 2013
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
FEBRUARY 21, 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
Rebecca Finney
Obray Nunnley, Jr.
Amy Pierce
Bill Rector
Members Absent: Keith Fountain
Open Position
City Attorney: Cindy Dawson
III. Approval of the Minutes of the January 10, 2013 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
FEBRUARY 21, 2013
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. 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.
A.1 Z-8829 Rezoning from R-2 to C-3
8220 – 8300 Cantrell Road
B. Z-3836-G Christ The King Catholic Church – Revised Conditional
Use Permit
4000 N. Rodney Parham Road
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-4746-D Rezoning from O-3 (with conditions) to O-3 (with
amended conditions)
West end of Knoedl Court
2. Z-7683-A Rezoning from R-3 to R-5
3316 West 12th Street
3. Z-8837 314 East 6th Street Food Store under 5,000 square feet
with sales of beer and wine – Conditional Use Permit
314 East 6th Street
February 21, 2013
ITEM NO.: A 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.
February 21, 2013
ITEM NO.: A (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
February 21, 2013
ITEM NO.: A (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.
PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013)
This item was placed on the consent agenda for deferral to the April 4, 2013 agenda
and was deferred with a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
February 21, 2013
ITEM NO.: A.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).
February 21, 2013
ITEM NO.: A.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
February 21, 2013
ITEM NO.: A.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.
PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013)
Staff informed the Commission that on February 14, 2013, the applicant requested
deferral of this application to the April 4, 2013 agenda. Staff supported the deferral
request. The item was placed on the consent agenda and deferred to the April 4, 2013
agenda with a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
February 21, 2013
ITEM NO.: B FILE NO.: Z-3836-G
NAME: Christ The King Catholic Church –
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 CUP 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.
1. SITE LOCATION:
The campus is located on the west side of N. Rodney Parham Road, just
south of Cantrell Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church and school have existed at this site for many years. No
expansion of the school is proposed. The property is surrounded by office
and institutional uses. The proposed columbarium is to be located in the
center of the campus. Allowing the addition of an office building, family life
center and columbarium to this existing church campus should not affect
its compatibility with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Pleasant Valley and Pleasant Forest
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The site currently contains 346 parking spaces with access off of
Woodland Heights, Rodney Parham and adjacent property. Following
project completion, there will be 331 on-site spaces. The church has an
additional 150 spaces on office property adjacent to the south and an
agreement to use 100 spaces on another nearby office property. The
church’s sanctuary has seating for 880 persons, requiring 220 parking
spaces. The K- 8th grade school has an enrollment of 750 students. No
changes are proposed in either the sanctuary seating or school
enrollment. The proposed parking arrangement appears to be sufficient.
February 21, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-3836-G
2
The applicant submitted a plan indicating the drop-off/pick-up area for the
school. Public Works staff is satisfied with the plan.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires an average thirty-two foot (32’) wide
street buffer along Rodney Parham Road and is in no case to be less than
half or sixteen foot (16’). The new driveway and proposed parking lots
appear to be encroaching within this minimal area.
The landscape ordinance requires a nine foot (9’) wide perimeter
landscape strip around the sites entirety.
Interior islands must be three hundred square foot in area (300) to qualify
when there are one hundred and fifty (150) parking spaces or more; only
one new island appears to be deficient.
An automatic irrigation system to water landscaped area will be required.
Prior to a building permit being issued, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
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:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Woodland Heights Road.
2. At time of building permit, handicap ramp is required to be installed
towards the north across Woodland Heights Road and Woodland
Heights Road in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan.
3. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
4. No vehicle backing into the middle driveway off Rodney Parham
Road.
February 21, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-3836-G
3
5. 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. At time of building permit, on site striping and signage plans should
be forwarded to Public Works, Traffic Engineering for approval with
the site development package.
7. 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: 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.
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 expenses of the
developer.
February 21, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-3836-G
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 a
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: This site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2012)
The applicants were present. The applicant was asked to provide a signage
plan, the seating capacity of the church’s main worship area, the total number of
on-site parking spaces (existing now and after the project), enrollment number
and number of classrooms by grade for the school and the total number of school
employees. The applicant was asked to locate the dumpster(s) and screening.
Staff asked the applicant to locate the drop-off /pick-up areas and vehicle
stacking areas for the school. Staff asked what the plans were for the existing
family life center building, after construction of the new FLC. Staff noted
variances would be needed for the height of the FLC building and the street
buffer along Rodney Parham Road.
Public Works, Utility, Fire Department and Landscape Comments were noted
and discussed. Staff expressed concern about a few of the parking spaces
indicated as backing into the driveway in front of the sanctuary. Staff and the
applicant both indicated they would look more into that issue. It was noted that
the zoning street buffer along Rodney Parham would fall below the minimum of
February 21, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-3836-G
5
16 feet, due in part to the right-of-way dedication. Staff stated there needed to
be at least 9 feet to comply with minimum landscape requirements.
The applicant was advised to submit responses 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:
Christ the King Church occupies the 12+ acre, R-2 zoned property located at
4000 N. Rodney Parham. In addition to the church, the campus contains a K-8th
grade school. The church also owns and occupies the O-3 zoned office buildings
adjacent to the south. The church is requesting approval of a conditional use
permit to allow for the addition of a new family life center building, a small office
building, a columbarium and new parking. All improvements will be located
within the existing church campus.
The family life center will be a 15,308 square foot building connecting to the
south side of the sanctuary building, over an existing parking lot. The building
will be 44’1” tall at its highest point and will have a stucco finish with a low band
of masonry. The roof will be concrete tiles. The FLC will serve as dining,
reception and meeting space.
The office building will be located behind the sanctuary building, between the
sanctuary and a school building. An existing metal building will be removed to
make way for the new office building. The office building will be a 5,626 square
foot, one-story building with a stucco finish and standing seam metal roof.
The columbarium will be located in the middle of the campus and will be
surrounded by church buildings. It will contain 621 niches in the first phase and
will be expanded by an additional 176 niches in the future.
To replace the spaces lost by construction of the new family life center building, a
new, 32 space parking lot will be built in front of the sanctuary building.
The applicant submitted responses addressing the issues raised at the
December 20, 2012 Subdivision Committee meeting. A revised site plan
corresponding to those responses was also submitted. There is no bill of
assurance for this acreage tract. Existing site signage will be relocated or
replaced. Any new signage will comply with that allowed in office and
institutional zones. The existing dumpster area located at the rear of the campus
will be enclosed with screening to comply with code. The existing family life
center building will be converted to three church meeting rooms, a storage room,
February 21, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-3836-G
6
offices, restroom expansion and expansion of the school cafeteria. The
remainder of the building will continue to house the nursery and pre-school
spaces with no changes. The church bookstore will be relocated from the
existing FLC to the new building.
The applicant responded to Public Works Comments. The required right-of-way
dedication for Rodney Parham and the radius at Woodland Heights Road is
indicated as is the handicap ramp at the Woodland Heights corner. The new
parking lot has been modified to eliminate parking backing into the driveway.
Stormwater detention will be provided in underground pipes, installed with
construction of the new parking lot. The drop-off/pick-up area for the school has
been shown and approved by staff.
There are two variances associated with the project. The new family life center
building is 44’1” tall at its highest point, slightly higher than the 35 foot height
allowed in R-2. Staff is supportive of the variance. Most of the building has a
height less than 35 feet. A center element exceeds that height. The building
height is not out of character with the area which includes several multi-story
buildings.
The street buffer along Rodney Parham is less than the minimum ordinance
requirement of 16 feet in a small area where the driveway is located in front of
the new FLC building. The minimum requirement of the landscape ordinance is
9 feet. The plan indicates 9 feet of on-site landscaped area with an additional
5 feet of green space that will be dedicated as right-of-way. Staff is supportive of
the request.
To staff’s knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the request 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 building height and street
buffer variances, as requested.
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.
February 21, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-3836-G
7
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.
PLANNING COMMISSION ACTION: (FEBRUARY 21, 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 by a vote of 9 ayes, 0 noes, 1 absent and 1 open position.
February 21, 2013
ITEM NO.: 1 FILE NO.: Z-4746-D
Owner: Little Rock Funeral Home
Applicant: Tim Daters, White-Daters and Associates
Location: West end of Knoedl Court (Lot 1 [unrecorded],
Knoedl Addition)
Area: 1.17 Acres
Request: Rezone from O-3 with conditions to O-3
with amended conditions
Purpose: To construct new parking lot for
Little Rock Funeral Home
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences; zoned R-2
South – Compounding lab; zoned O-3
East – Funeral home and clinic; zoned O-3
West – Single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. 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.
2. At the time of building permit, storm water detention ordinance applies to this
property.
3. At time of building permit, driveway locations and widths must meet the traffic
access and circulation requirements of Section 30-43 and 31-210.
February 21, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-4746-D
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, and the
Pennbrook/Cloverhill Neighborhood Association were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan shows
Office (O) for this property. The Office category includes services provided
directly to consumers (e.g. legal, finance, medical) as well as general offices
which support more basic economic activities. The applicant has applied for a
rezoning from O-3 (General Office District) to O-3 (General Office District) to
change the conditions on the current office zoning. The applicant wishes to
construct a parking lot for an adjacent funeral home.
Master Street Plan:
Knoedl Court is a Local Street on the Master Street Plan. The primary function of
a Local Street is to provide access to adjacent properties. Local Streets that are
abutted by non-residential zoning/use or more intensive zoning than duplexes
are considered as “Commercial Streets”. A Collector design standard is used for
Commercial Streets. 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:
Little Rock Funeral Home, owner of the 1.17 acre property located at the west
end of Knoedl Court, is requesting to rezone the property from “O-3” General
Office District with conditions to O-3 with amended conditions. The property is
the unrecorded Lot 1, Knoedl Addition. The rezoning is proposed to allow
construction of a new parking lot to serve the Little Rock Funeral Home across
Knoedl Court to the east.
February 21, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-4746-D
3
On August 7, 1990, Ordinance No. 15,909 was approved, rezoning this property
to O-3 with the following conditions:
1. That the building heights on Lots 1 and 2, Knoedl Park
Addition, be restricted to two stories and to two or three
stories on Lots 3 and 4 Knoedl Park Addition, with the larger of
Lots 3 and 4 having the three story building.
2. That a forty (40) foot undisturbed buffer be provided adjacent
to the west and north property lines. Along the north property
line, the forty (40) foot buffer is reduced to twenty-five (25) feet
within the street right-of-way.
3. That an eight (8) foot wooden opaque screening fence be
provided along the west and north property lines.
The property owner proposes to amend the above noted condition 2. as follows:
A 30 foot wide land use buffer will be provided along the west
property line and a 20 foot wide land use buffer will be
provided along the north property line, less and except the
street right-of-way.
The property is currently undeveloped and covered with brush and trees. The
property slopes downward from east to west. Due to a recent ice storm Entergy
cleared a path from Knoedl Court to and along the north property line to service
existing power lines.
The Little Rock Funeral Home and a medical surgery center are located to the
east across Knoedl Court, with a drug compounding lab to the south. Single
family residences are located to the north and west. A middle school campus is
located across Barrow Road further east, with mixed uses and zoning across I-
630 further to the south.
The City’s Future Land Use Plan designates this property as Office. The
proposed rezoning to O-3 with amended conditions does not require a change to
the future plan.
Staff is supportive of the requested rezoning with amended conditions. Staff
views the request as reasonable. The ordinance would typically require a 10 foot
wide land use buffer along the north property line and a 19.5 foot land use buffer
along the west property line. The applicant is proposing a 20-foot land use buffer
along the north property line and a 30 foot land use buffer along the west
property line. Due to the fact that Entergy has disturbed some of the buffer area
February 21, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-4746-D
4
along the north property line, staff can support changing the buffers from
undisturbed to land use buffers. At least 70 percent of a land use buffer must
remain undisturbed. That portion of the buffers that Entergy disturbed must be
re-planted. Staff believes the requested amendment to the conditions will have
no adverse impact on the adjacent properties or the general area. The proposed
land use buffers along the north and west property lines are 1.5 to two (2) times
wider than would typically be required by ordinance.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning, subject to the
following amended conditions:
1. A minimum 30 foot wide land use buffer shall be provided along the west
property line and a minimum 20 foot wide land use buffer shall be provided
along the north property line.
2. Any portion of the above described land use buffers which has been disturbed
or is disturbed in the future must be re-planted to meet ordinance standards.
3. All other conditions as required by Ordinance No. 15,909 shall remain in full
force and effect.
PLANNING COMMISSION ACTION: (FEBRUARY 21, 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.
February 21, 2013
ITEM NO.: 2 FILE NO.: Z-7683-A
Owner: Xiang Xu Lin and Jin Shu Lin
Applicant: Eddie Greer
Location: 3316 West 12th Street
Area: Approximately 0.22 Acre
Request: Rezone from R-3 to R-5
Purpose: Recognize existing structure as a triplex
Existing Use: Single family structure recently converted to a triplex.
SURROUNDING LAND USE AND ZONING
North – Single family residences; zoned R-3
South – Church and vacant lots; zoned R-3
East – Five (5) unit apartment building and single family structures; zoned R-5 and R-3
West – Single family and two-family structures; zoned R-5 an R-3
A. PUBLIC WORKS COMMENTS:
1. West 12th Street is classified on the Master Street Plan as a minor arterial
with a special design standard. A dedication of right-of-way 35 feet from
centerline will be required. The existing right-of-way width was not provided.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA bus route #3 (Baptist Medical Center Route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Pine to
Woodrow and Stephens Area Faith Neighborhood Associations were notified of
the public hearing.
February 21, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-7683-A
2
D. LAND USE ELEMENT:
This request is located in the I-630 Planning District. The Land Use Plan shows
Mixed Office (MX) for this property. This category provides for a mixture of
residential, office and commercial uses to occur. A Planned Zoning District is
required if the use is entirely office or commercial or if the use is a mixture of the
three. The applicant has applied for a rezoning from R-3 (Single Family District)
to R-5 (Urban Residential District) to recognize an existing triplex.
Master Street Plan:
12th Street is a Minor Arterial on the Master Street Plan. A Minor Arterial
provides connections to and through an urban area and their primary function is
to provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on 12th
Street since it is a Minor Arterial. This street may require dedication of right-of-
way and may require street improvements for entrances and exits to the site.
Bicycle Plan:
A Class II Bike Lanes are shown along 12th Street. Bike Lanes provide a portion
of the pavement for the sole use of bicycles.
E. STAFF ANALYSIS:
Xiang Xu Lin and Jin Shu Lin, owners of the 0.22 acre property at 3316 West 12th
Street, are requesting to rezone the property from “R-3” Single Family District to
“R-5” Urban Residence District. The property is located on the north side of
West 12th Street, between Brown and Valmar Streets. The rezoning is proposed
to allow/recognize the past conversion of the single family structure to a triplex.
The property is occupied by a one-story brick and frame residential structure. A
small frame garage is located at the northeast corner of the structure. A concrete
driveway from West 12th Street is located at the southeast corner of the lot. The
driveway, with varying widths, extends along the east side of the residence to the
garage in the rear yard. Parking for four (4) to six (6) vehicles exists along the
driveway.
The property is located in an area of mixed uses and zoning along the West 12th
Street corridor. The properties immediately east and west are zoned R-5 and
contain a five (5) unit apartment building, single family and two-family structures.
R-4, R-5, O-3, POD, C-3 and PD-C zoned properties are located further east and
west along West 12th Street. A church facility is located across West 12th Street
to the south, with single family residences to the north.
February 21, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-7683-A
3
The City’s Future Land Use Plan designates this property as Mixed Use. The
proposed R-5 zoning does not require a change to the Future Plan.
Staff is supportive of the requested R-5 rezoning. Staff views the request as
reasonable. The property is located in an area designated as Mixed Use by the
City’s Future Land Use Plan and along an arterial roadway. The Mixed Use
category could also allow the property to be rezoned for office and/or commercial
use(s). The site is also located along a CATA bus route; with adjacent R-5
zoned property to the east and west. The applicant must meet with the City’s
Building Codes officials (within 30 days of final ordinance approval) to assure that
all appropriate permits and inspections are obtained and that each unit conforms
with Sections 8-406 (a) and (b) of the City’s Buildings and Building Regulations
Ordinance with respect to minimum area per dwelling unit and bedroom.
Otherwise, staff believes the rezoning of this property to R-5 to allow a triplex will
have no adverse impact on the adjacent properties or the general area. Based
on the R-5 regulations three (3) dwelling units will be maximum that can be
placed on this property.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-5 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 21, 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.
February 21, 2013
ITEM NO.: 3 FILE NO.: Z-8837
NAME: 314 East 6th Street Food Store under 5,000 square
feet with sales of beer or wine – Conditional Use
Permit
LOCATION: 314 East 6th Street
OWNER/APPLICANT: Samirah Alwazir/Ibrahim Elsaid
PROPOSAL: A conditional use permit is requested to allow a food
store under 5,000 square feet with sales of beer or
wine to occupy the existing 1,500 square foot building
on this UU zoned property.
1. SITE LOCATION:
The site is located on the north side of East 6th Street, between Rock and
Cumberland Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses. Since the specific issue
at question is the off-premises sale of beer or wine, staff looked at the
number of existing alcohol sales outlets in the immediate area. There
appear to be 11 on-premises sales (restaurants), 2 private clubs and
1 off-premises sales businesses within 1,500 feet of the site. Just beyond
the 1,500 feet, within the area bounded by Main Street, I-630, I-30 and
The River, there are three (3) other off-premises sales businesses; a
liquor store at 10th and Main and two (2) convenience stores with gas
pumps at 9th and I-30. Residential uses are located one-half (1/2) block to
the east and across 6th Street to the south.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown and MacArthur Park
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
There is no on-site parking. The property is located in the UU Urban Use
zoning district which has no parking requirement.
February 21, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-8837
2
4. SCREENING AND BUFFERS:
If the remodeling costs exceed 50% of the structure’s current replacement
value, compliance with the standards of the UU Urban Use zoning district
is required.
5. PUBLIC WORKS COMMENTS:
1. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the private improvements (awning and steps) located in
the right-of-way.
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
February 21, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-8837
3
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 and is one block from the
CATA Travel Center.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 31, 2013)
The applicant’s representative was present. Staff presented the item and noted
no additional information was needed. Staff noted the applicant had installed
signage without a permit. Staff noted the site was located in the MacArthur Park
Historic District and signage had to be approved by the Historic District
Commission. Staff informed the Committee that the item was on the Historic
District Commission’s February 11, 2013 agenda and the results of that meeting
would be forwarded to the Planning Commission.
Staff informed the Committee that a list of establishments within 1,500 feet which
sell alcohol, both for on-premises consumption and carry-out sales, would be
included in the Commission’s agenda.
Public Works, Utility and Landscape Comments were noted.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
A one-story, 1,500 square foot commercial building occupies the UU zoned
property located at 314 East 6th Street. The building occupies the entirety of the
25 X 60 lot. The building was formerly occupied by the Lucky 7 Deli. The
applicant is remodeling the building for occupancy as Downtown Deli and
Grocery. A conditional use permit is requested to allow beer sales. A CUP is
required for a “food store under 5,000 square feet with sales of beer or wine” in
the UU district (Ordinance No. 20,568, adopted April 13, 2012). The food store
is proposed to operate 7:00 a.m. to midnight, Sunday through Thursday and
7:00 a.m. to 2:00 a.m., Friday and Saturday.
February 21, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-8837
4
Staff reviewed this proposal and took into consideration the uses in the
surrounding neighborhood. Since a neighborhood is referenced elsewhere in the
Code as the area within 1,500 feet of the site, staff looked specifically for any
sites within that area which have an approved State Alcohol Beverage Control
(ABC) permit. Additionally, staff looked at the proximity of the site to residential
properties. Residential uses are located ½ block both to the south and east of
this site. The following ABC on and off premise permits are located within
1,500 feet of the site:
Address Permit Use
402 Louisiana On premises U S Pizza
406 Louisiana On premises Cotija’s Mexican Grill
412 Louisiana Private club Club Sway
414 Louisiana On premises Sports Page
315 Main On premises Montego Café
601 Main On premises Repertory Theater
405 East 3rd Street Off premises Dugan’s Market
315 East Capitol Private club American Legion Post
205 West Capitol On premises Hanaroo Sushi Bar
211 West Capitol On premises Downtown Music Hall
320 Commerce On premises Hampton Inn
501 East 9th Street On premises Arts Center
Just beyond the 1,500 feet, within the area bounded by Main Street, I-630, I-30
and The River, there are three (3) other off-premises sales businesses; a liquor
store at 10th and Main and two (2) convenience stores with gas pumps at 9th and
I-30. Residential uses are located one-half (1/2) block to the east and across 6th
Street to the south.
As staff informed the Subdivision Committee, the applicant has placed signage
on the site without approval from the Historic District Commission and without
permits. A 4’ X 8’ wall sign has been placed on both the east and west facades
of the building. Neither side has direct street frontage. Section 36-557. (a)
states “all on-premises wall signs must face required street frontage”. A 5’ X 10’
sign has been placed on the front façade on a mansard. The sign exceeds the
allowable 10% coverage of the façade as allowed by Section 36-553. (2) (a).
An existing pole-type, ground mounted sign next to the building has been
refurbished. Section 36-342 (c) (11) states ground mounted signs are
discouraged in the UU zoning district and are permitted only as a variance. The
Historic District Commission does regulate signage in the District and makes a
determination as to whether signage is appropriate based on the age and type of
building.
February 21, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-8837
5
STAFF RECOMMENDATION:
The Historic District Commission was scheduled to review signage for the site at
its February 11, 2013 meeting. The applicant failed to send the required notices
for that meeting in a timely manner. The Commission voted to defer the item to
its March 11, 2013 meeting. In so much as the signage on this site is such an
integral part of the proposal, staff does not believe it is appropriate to move
forward with the CUP application until the Historic District Commission has
rendered a decision on the signage. Staff recommends that the CUP application
be deferred to the April 4, 2013 agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 21, 2013)
The applicant was not present . There was one objector present. Staff
recommended deferral of the item as noted in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda
and deferred to the April 4, 2013 meeting by a vote of 9 ayes, 0 noes, 1 absent
and 1 open position.
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February 21, 2013
There being no further business before the Commission, the meeting
was adjourned at 4:03 p.m.
Date