pc_10 31 2013
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
OCTOBER 31, 2013
2:00 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
Keith Cox
Janet Dillon
J. T. Ferstl
Rebecca Finney
Obray Nunnley, Jr.
Amy Pierce
Bill Rector
Members Absent: Keith Fountain
One Open Position
City Attorney: Cindy Dawson
III. Approval of the Minutes of the September 19, 2013 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
OCTOBER 31, 2013
2:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8866 Chenal Car Wash – Conditional Use Permit
17000 Chenal Parkway
B. Z-5805-D Iglesia Samaritano Internacional Church – Conditional
Use Permit
11820 Chicot Road
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-3366-A St. Peter’s Rock Baptist Church – Conditional Use
Permit
2124 Brown Street
2. Z-4101-B Water’s Temple Church of God In Christ – Conditional
Use Permit
2615 Cumberland Street
3. Z-4649-D First Baptist Church Highland Park – Conditional Use
Permit
3800 West 18th Street
4. Z-8885 Nazif Food Store – Conditional Use Permit
10210 Chicot Road
5. LU13-03 Future Land Use Plan Amendment in the Arch Street
South, Fish Creek and Port South Planning Districts
to remove areas shown outside of the Planning
Boundary. On both sides of I-530 north of Pratt
Road/145th Street and both sides of Frazier Pike near
Harper and Damsite Roads.
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title:
6. LU13-11-01 A Land Use Plan Amendment in the I-430 Planning
District from RL- Residential Low Density to
RM - Residential Medium Density at the southwest
corner of West 20th Street and Nichols Road.
6.1 Z-8886 10101/10103 West 20th Street
Rezone from R-2 to R-4
October 31, 2013
ITEM NO.: A FILE NO.: Z-8866
NAME: Chenal Car Wash – Conditional Use Permit
LOCATION: 17000 Chenal Parkway
OWNER/APPLICANT: Chenal Car Wash, LLC/White-Daters and Associates
PROPOSAL: A conditional use permit is requested to allow for
construction of a single-tunnel, automatic car wash on
this undeveloped, C-3 zoned property.
STAFF REPORT:
On June 12, 2013, the applicant requested deferral of the item to allow additional
time to work with Entergy to solve some outstanding issues. Staff recommends
deferral of the item to the August 8, 2013 Commission meeting.
PLANNING COMMISSION ACTION: (JUNE 27, 2013)
Staff informed the Commission that on June 12, 2013, the applicant requested
deferral of the item to allow additional time to work with Entergy to solve some
outstanding issues. Staff recommended deferral of the item to the August 8,
2013 Commission meeting.
The item was placed on the Consent Agenda and deferred to the August 8, 2013
agenda with a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
On July 26, 2013, the applicant requested deferral of the item to allow additional
time to work with Entergy to solve some outstanding issues. Staff recommends
deferral of the item to the September 19, 2013 Commission meeting.
PLANNING COMMISSION ACTION: (AUGUST 8, 2013)
Staff recommended deferral of the item as noted above. There was no further
discussion. The item was placed on the consent agenda and deferred to the
September 19, 2013 agenda by a vote of 10 ayes, 0 noes and 1 absent.
October 31, 2013
ITEM NO.: A (Cont.) FILE NO.: Z-8866
2
STAFF UPDATE:
On August 29, 2013, the applicant requested deferral of the item to allow
additional time to work with Entergy to resolve some outstanding issues. He
states they hope to reach an agreement by late September. Staff recommends
deferral of the item to the October 31, 2013 Commission meeting.
PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2013)
Staff presented the item and a recommendation of deferral as noted above.
There was no further discussion. The item was placed on the consent agenda
and approved for deferral to the Oct. 31, 2013 meeting by a vote of 10 ayes,
0 noes, 0 absent and 1 open position.
STAFF UPDATE:
On October 15, 2013, the applicant informed staff that a revised site plan was
being prepared in response to the discussions with Entergy. The applicant
requested a deferral to allow for completion and submission of the revised plan.
Staff will support only one more deferral. The revised plans need to be submitted
to staff by the next filing day (November 4, 2013) to allow for review prior to
Subdivision Committee. Staff recommends deferral of the item to the
December 12, 2013 agenda.
PLANNING COMMISSION ACTION: (OCTOBER 31, 2013)
The applicant was present. There were no objectors present. Staff recommended
approval of the deferral request for one more deferral. Staff noted revised plans
needed to be submitted to staff by November 4, 2013. There was no further
discussion. The item was placed on the consent agenda and deferred to the
December 12, 2013 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open
position.
October 31, 2013
ITEM NO.: B FILE NO.: Z-5805-D
NAME: Iglesia Samaritano Internacional Church – Conditional
Use Permit
LOCATION: 11820 Chicot Road
OWNER/APPLICANT: Iglesia Samaritano Internacional/Twin City Properties
PROPOSAL: A conditional use permit is requested to allow a
church to occupy this existing building and R-2 zoned
property.
1. SITE LOCATION:
The site is located on the west side of Chicot Road, between Claybrook
Road and Hillsboro Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site fronts onto an arterial street in an area of mixed uses. A vacant,
wooded, R-2 zoned tract is located across Chicot Road to the east. A
vacant tract is adjacent to the south. Further south are a couple of
non-residential buildings and C-3 zoning. Single family residences and
undeveloped property are located to the north and west of the rear portion
of the tract. This property has an established history of non-residential
use. The small church is compatible with uses in the area.
All owners of properties located within 200 feet of the tract and the South
West Little Rock, Legion Hut, Oxford Valley and Deer Meadow
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the site is via a single driveway off of Chicot Road. Paved
parking for approximately 22 vehicles is available at the front of the site.
The church has a membership of 75 persons at this time and is requesting
approval of a seating capacity of 120 persons. Future interior improvements
will allow an expansion in seating of 200 persons. Parking for churches
is 1 space for every 4 seats in the worship area. At full future capacity,
50 parking spaces are required. There is available area to construct the
needed parking expansion just off of the existing paved area, near the
building. Parking will have to be provided for the current seating of
120 persons (30) spaces, with the additional parking being provided with
the increase to 200.
October 31, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-5805-D
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City's landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires a fifty foot (50') wide land use buffer
along the western perimeter of the site next to the residentially zoned
property. Seventy percent (70%) of this area must remain undisturbed.
The zoning street buffer requires an average fifty foot (50') street buffer
along Chicot Road and in no case to be less than half.
The zoning buffer ordinance requires a sixteen foot (16') wide land use
buffer along both the northern and southern property lines, next to the
residentially zoned properties. Seventy percent (70%) of this area must
remain undisturbed.
The property to the north, south, and west is zoned residential; therefore,
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, the southern, and the western perimeters of the site.
Landscaping will be required in conjunction with any new parking lot(s).
A small amount of building landscaping will be required.
An automatic irrigation system will be required.
Prior to the issuance of a building permit, 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. Chicot Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to fifty-five (55) feet from centerline
will be required.
2. With building expansion in the future, provide design of street
conforming to the Master Street Plan. Construct one-half street
October 31, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-5805-D
3
improvement to Chicot Road including five (50) foot sidewalks with
planned development.
3. At the time of future building expansion, storm water detention
ordinance applies to this property. Show the proposed location for
storm water detention facilities on the plan.
4. At the time of future building expansion, driveway locations and widths
do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. The lots must share a driveway with the property to
the north. The width of driveway must not exceed thirty-six (36) feet.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to Tract 1 only. Tract 2 will require sewer
main extension with easements to service this tract.
Entergy: Entergy has no objections to proposal.
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
October 31, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-5805-D
4
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 about three-fourth (3/4) mile from a CATA bus
route.
SUBDIVISION COMMITTEE COMMENT: (July 18, 2013)
Erin Oberle, of Twin City Properties, was present representing the applicant.
Staff presented the item and noted that were outstanding issues, some of which
could result in having to defer the item. Staff stated the plan submitted indicated
the dividing of the 4.25 acre tract into two lots, one of which would not have
street frontage. The plans indicated the church acquiring the front tract, which
included the building, and the seller retaining the back tract. An access
easement was indicated across the front tract to the back tract. Staff stated the
proposed subdivision would require Planning Commission approval. It was also
noted that the proposed access easement over the front lot would eliminate all of
the existing parking on that lot. Ms. Oberle stated staff had made her aware of
the issue and she would be working with the seller and the church to determine
what course of action to pursue. She indicated they would enter file a plat for
Commission approval, or perhaps, the church would choose to purchase the
entire 4.25 acre tract. Which action would be chosen would determine if the item
would need to be deferred.
Staff took the opportunity to present other issues that needed resolution;
including the requirement to provide additional parking for the church and there
need to indicate a signage plan, dumpster location and screening and any
fencing.
Public Works, Landscaping, Utility and Fire Department Comment were noted.
Ms. Oberle was directed to respond to staff issues by July 24, 2013, at which
time it would be determined whether to proceed or defer.
October 31, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-5805-D
5
STAFF ANALYSIS:
A conditional use permit is requested to allow a church to occupy the 4.25 acre
tract located at 11820. The property contains a one-story, 4,800 square foot,
brick and brick and frame building as well as a small paved parking lot. The
property was occupied by a commercial business when the area was annexed
into the City but has been vacant for some time now. Only a small portion of the
eastern end of the property is developed. Most of the 4.5 acres is cleared and
undeveloped. Trees are located on the perimeter of the site and a fenced
tree-line splits the property roughly in half. The church had originally proposed
to purchase and occupy only the east half of the site, leading to subdivision
issues. They have subsequently decided to purchase the entirety of the site.
The current proposal is to use the existing building and 22 space parking area.
There is more than ample area available to construct the needed additional
parking. No new fencing is proposed. Signage will comply with that allowed in
office and institutional zones. The existing ground-sign is being used. Activities
proposed are only those that are typical for a church. No additional activities
such as day care or private school are proposed. The cleared portion of the site
will be used for soccer or volleyball by church members; typically on Sunday
afternoons after church. No formal play fields or lighting are proposed.
Staff believes allowing the small church to reuse this existing non-residential site
is appropriate and should be compatible with the neighborhood. There is no bill
of assurance for this acreage tract.
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. All remodeling of the building to accommodate the church must be done in
compliance with all building and fire codes and all required permits must be
obtained prior to any work commencing.
3. There is to be no parking on unpaved surfaces and plans must be submitted
to and approved by the City for the required parking lot expansion. Parking
must be immediately provided for 30 vehicles and expanded to 50 vehicles
prior to remodeling the building to increase sanctuary seating to 200 persons.
October 31, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-5805-D
6
4. Use of the cleared area for soccer and volleyball is to be only of an informal
nature for the church. There is to be no formal ball field development,
including no installation of lighting for the play area.
5. Any dumpster placed on the site is to be screened to comply with Code
requirements.
STAFF REPORT:
There are unresolved issues concerning a possible subdivision of this property.
The applicant did not respond to issues raised at the Subdivision Committee
meeting. Staff recommends deferral of this item to the September 19, 2013
Planning Commission meeting.
PLANNING COMMISSION ACTION: (AUGUST 8, 2013)
Staff recommended deferral of the item as noted above. There was no further
discussion. The item was placed on the consent agenda and deferred to the
September 19, 2013 agenda by a vote of 10 ayes, 0 noes and 1 absent.
STAFF REPORT:
Prior to the August 29, 2013 Subdivision Committee meeting, the applicant
informed staff that the church would be acquiring the entire property and there
would be no subdivision of the tract. The applicant will submit revised drawings
and responses to staff issues. Staff recommends deferral of the item to the
October 31, 2013 meeting to allow the applicant the opportunity to submit those
revisions and responses.
PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2013)
Staff presented the item and a recommendation of deferral as noted above.
There was no further discussion. The item was placed on the consent agenda
and approved for deferral to the Oct. 31, 2013 meeting by a vote of 10 ayes,
0 noes, 0 absent and 1 open position.
October 31, 2013
ITEM NO.: B (Cont.) FILE NO.: Z-5805-D
7
PLANNING COMMISSION ACTION: (OCTOBER 31, 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, including all staff comments and
conditions and recommended variances. The vote was 9 ayes, 0 noes, 1 absent
and 1 open position.
October 31, 2013
ITEM NO.: 1 FILE NO.: Z-3366-A
NAME: St. Peter’s Rock Baptist Church – Conditional Use
Permit
LOCATION: 2124 Brown Street
OWNER/APPLICANT: St. Peter’s Rock Baptist Church/Taggart Architects
PROPOSAL: A conditional use permit is requested to allow for the
construction of a church fellowship hall building on
this R-3 zoned property.
1. SITE LOCATION:
The property is located on the northwest corner of West 22nd and Brown
Streets, directly across the street from St. Peter’s Rock Baptist Church.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located near the southern edge of a residential
neighborhood. Single family homes are located to the north, west and
south. The church is located across Brown Street to the east. Other uses
in the area include another church and private school, a cemetery and
duplex residences. With attention to proper site design criteria, the
proposed fellowship hall building 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 LOVE and Stephens Area Faith
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
A single driveway and two parking spaces are proposed. The driveway
will also provide access to the screened dumpster location. No additional
parking is required for the use since the parking requirement for a church
is based on the seating capacity of the worship center. The existing
church parking lot is located adjacent to the main church building, across
Brown Street.
October 31, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-3366-A
2
4. SCREENING AND BUFFERS:
1. Site plan must comply with the City’s Landscape and Buffer
Ordinances.
2. The property to the north is zoned residential; therefore a nine (9) foot
wide landscaped zoning buffer is required. Screening, either in the
form of a six (6) foot tall wall or fence with the finished side facing out
or dense evergreen plantings, is required along the north perimeter
where the site is adjacent to the residential zoning.
3. Nine (9) foot wide street buffers are required along both street
frontages.
4. Landscaping is required in conjunction with the new driveway and
parking. A small amount of building landscaping is required.
5. The site is located in the designated mature area of the City and may
qualify for a twenty-five (25) percent reduction in landscape areas.
6. It appears the parking can be shifted to the north slightly to provide the
minimum landscape area.
7. A water source must be located within seventy-five (75) feet of all
landscape areas.
8. 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. Due to the proposed use of the property, the Master Street Plan
specifies that 22nd Street 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 Brown Street 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 22nd Street and Brown Street.
At time of development, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
October 31, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-3366-A
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy has no issue with proposal.
Will work with customer to provide service when requested for new
building. Power currently exists in alley.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No objection. 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. Fire hydrants (per Code),
maintain access.
October 31, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-3366-A
4
County Planning: No Comments.
CATA: The site is located less than one-quarter (1/4) mile from #16
UALR bus stops.
SUBDIVISION COMMITTEE COMMENT: (OCTOBER 19, 2013)
Pastor William McCraw and Architect Brandon Ruhl were present.
Staff presented the item and noted little additional information was needed. The
applicant was advised to submit a signage plan and to indicate the dumpster and
any site fencing on the plan. Landscape comments were noted. Public Works
and Utility Comments were presented. The applicants were advised to make
revisions and submit responses by Wednesday October 16, 2013.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
St. Peter’s Rock Baptist Church is requesting approval of a conditional use
permit to allow for construction of a church fellowship hall building on the R-3
zoned property at 2124 Brown Street. The property is comprised of two lots
located at the northwest corner of West 22nd and Brown Streets. The property is
currently occupied by two buildings, one of which was previously used as a
church day care. The main church building and parking lot are located across
Brown Street to the east.
The proposed one-story, 3,175 square foot building will contain a fellowship hall,
restrooms, kitchen and parking space. The building will have a height of 12 feet
at the eaves and a height less than 20 feet at the ridge. The building façade is to
have a finish of prefinished metal and brick. The roof is standing seam metal.
The main entry will be on the east end of the building with secondary entries on
the south and west. No entry will be located on the north façade, although there
will be 4 windows on that side.
The applicant submitted responses to issues raised at Subdivision Committee.
The plan has been revised to show proposed right-of-way dedication and
required landscape area to meet Code. The dumpster is indicated off of the new
driveway on the southside of the building, at the service entrance. Dumpster
screening is indicated. A 6’ foot tall wood privacy fence is indicated along the
north perimeter. New sidewalks and repairs to damaged curbs are indicated.
October 31, 2013
ITEM NO.: 1 (Cont.) FILE NO.: Z-3366-A
5
Signage will comply with that allowed in office and institutional zones. Any new
site lighting will be low-level, aimed downward and into the site. No additional
activities are proposed, although the church will operate a neighborhood-oriented
food pantry for those in need at this building.
To staff’s knowledge, there are no outstanding issues. Two variances are
needed for the proposed building setback. The porch cover over the east entry
will have a setback of 15 feet once right-of-way is dedicated for Brown Street.
There will be a rear setback of just under 12 feet at the west end where the site
abuts an alley. A setback of 25 feet would typically be required in each case.
Staff is supportive of the proposed setback variances. The bill of assurance for
Chesterfield Square Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of the proposed setback variances.
PLANNING COMMISSION ACTION: (OCTOBER 31, 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, including all staff comments and
conditions and recommended variances. The vote was 9 ayes, 0 noes, 1 absent
and 1 open position.
October 31, 2013
ITEM NO.: 2 FILE NO.: Z-4101-B
NAME: Water’s Temple Church of God in Christ –
Conditional Use Permit
LOCATION: 2615 Cumberland Street
OWNER/APPLICANT: Water’s Temple C.O.G.I.C./Terry Burruss, Architect
PROPOSAL: A conditional use permit is requested to allow for
construction of a new church building on this R-3
zoned property.
1. SITE LOCATION:
The site is located on the east side of Cumberland Street, between East
26th and East 27th Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church is located in an area of mixed zoning and uses. Uses in the
area include single family, multifamily, commercial and institutional. The
church has been at this site for many years. The new church building is
appropriate for the area and allows the church to continue to remain in the
neighborhood.
Notice of the public hearing has sent to all owners of properties located
within 200 feet of the site and the Community Outreach and Meadowbrook
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The site currently has a small parking lot with access off of both
Cumberland and East 27th. Under this CUP, the existing parking will
be expanded and new parking will be added. The new church building
will have a seating capacity of 260 persons in the sanctuary, requiring
65 on-site parking spaces. 35 spaces are proposed to be provided. The
existing church has a seating capacity of about 200 persons and there is
parking for less than 20 vehicles. On street parking is available. Staff
supports a parking variance to accommodate the increase in seating from
200 to 260 persons.
October 31, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-4101-B
2
4. SCREENING AND BUFFERS:
1. Site plan must comply with the City’s Landscape and Buffer
Ordinances.
2. Eighteen (18) foot street buffers are required on the 26th and 27th
Street perimeters; in no case, less than nine (9) feet.
3. A nine (9) foot street buffer is required on the Cumberland Street
perimeter.
4. A nine (9) foot landscape buffer is required on the east perimeter
where the site is adjacent to residential. As a component of the buffer
– screening, either a six (6) foot wall or fence with the finished side
facing out or dense evergreen plantings, is required.
5. Interior landscaping equal to eight (8) percent of the vehicular use area
is required.
6. A water source must be located within seventy-five (75) feet of all
landscape areas.
7. A small amount of building landscaping is required.
8. The site is located in the designated mature area and a twenty-five
(25) percent reduction in landscape requirements may be permitted.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that East 26th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty
(30) feet from centerline. Show the centerline of the right-of-way.
2. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of East 26th Street and Cumberland Street.
3. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of East 27th Street and Cumberland Street.
4. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Cumberland Street including 5-foot sidewalks with planned
development. The new back of curb should be located thirty-one
(31) feet from the existing curb on the west side of Cumberland
Street.
5. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to E. 26th
Street including 5-foot sidewalks with planned development. The
back of curb should be located fifteen and one-half (15.5) feet from
centerline.
October 31, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-4101-B
3
6. At the time of development, storm water detention ordinance applies
to this property. Show the proposed location for storm water
detention facilities on the plan.
7. At the time of development, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to
occupancy.
8. At the time of development, the alley should be paved with asphalt
twenty (20) foot in width from E. 26th Street to the south end of the
proposed parking area.
9. At time of development, a grading permit in accordance with Section
29-186 (c) and (d) will be required prior to any land clearing or
grading activities at the site. Other than residential subdivisions, site
grading and drainage plans must be submitted and approved prior to
the start of construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy currently has a power line
running north and south in the alley between E. 26th and E. 27th Streets.
This line can be used to serve the new building. The customer should
contact Entergy to discuss plans for service when needed.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No objection. 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
October 31, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-4101-B
4
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. Fire hydrants (per Code),
maintain access.
County Planning: No Comments.
CATA: The site is located less than one-quarter (1/4) mile to #2 South
Main bus stops.
SUBDIVISION COMMITTEE COMMENT: (October 9, 2013)
Rev. Briscoe was present representing the item. Staff presented the item and
noted additional information was needed regarding building design, signage,
dumpster location and phasing.
Public Works, Landscape and Utility Comments were discussed.
It was noted that the comments had been sent to the church’s architect Terry
Burruss and he was working on responses.
The Committee was informed that, with few differences, this was the same plan
as approved by the Commission on June 6, 2000 but never built.
Rev. Briscoe was advised to submit responses to staff issues by October 16,
2013. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Water’s Temple Church of God in Christ is located on the R-3 zoned property at
2615 Cumberland. The development currently consists of a single church
building and a small parking lot.
October 31, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-4101-B
5
In January 2000, a CUP was approved to allow Water’s Temple to construct a
new, 9,864 square foot church building and new parking. The sanctuary was to
have a seating capacity of 360. The existing sanctuary was to be removed and
new parking constructed. The Commission approved a parking variance and
encouraged the church to seek land for additional parking. The approved
development did not occur.
The church is back requesting approval of virtually the same proposal. The
proposal is to construct a one-story, church building containing a 260 seat
sanctuary (reduced from the previous CUP) and new parking. The building will
have a height of 28± feet to peak of ridge with a 28 foot steeple mounted on the
roof. The building will have an exterior finish of brick, block and E.I.F.S. with a
pitched, asphalt shingled roof. Upon completion of the new building, the existing
building will be removed and the parking lot expanded. New parking will also be
constructed to the east (behind) the new building, with access off of the alley.
The applicant submitted responses and made revisions to the site plan in
response to issues raised at Subdivision Committee. Signage will comply with
that allowed in office and institutional zones. The dumpster and screening are
indicated behind the new building. Right-of-way has been verified and the
applicant will comply with all Public Works and landscape conditions.
To staff’s knowledge, there are no outstanding issues. The bill of assurance for
Pettefer’s Addition 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. Signage is to comply with that allowed in office and institutional zones.
3. All site lighting is to be low-level, shielded downward and into the site.
4. Screening per Code requirement is to be installed where the site abuts
residential property.
Staff recommends approval of a parking variance. Staff recommends approval of
the phasing plan to allow the existing sanctuary building to remain until the new
building is constructed. The existing building is to then be removed and the new
parking added.
October 31, 2013
ITEM NO.: 2 (Cont.) FILE NO.: Z-4101-B
6
PLANNING COMMISSION ACTION: (OCTOBER 31, 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, including all staff comments and
conditions and recommended variances. The vote was 9 ayes, 0 noes, 1 absent
and 1 open position.
October 31, 2013
ITEM NO.: 3 FILE NO.: Z-4649-D
NAME: First Baptist Church Highland Park – Conditional Use
Permit
LOCATION: 3800 West 18th Street
OWNER/APPLICANT: First Baptist Church Highland Park/Ronald Ross,
Architect
PROPOSAL: A conditional use permit is requested to allow for the
construction of a church; including a sanctuary, family
life center and additional parking on this R-3 zoned
block.
1. SITE LOCATION:
The church occupies the block bounded by West 17th, West 18th, Pine and
Oak Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church was located on this site for many years and has been an
important part of the community. On April 7, 2011, the Commission
approved a conditional use permit to allow for construction of this same
sanctuary building. The old sanctuary building was to be converted into
other church use. Earlier this year, the old sanctuary was destroyed by
fire. These current plans include the previously approved sanctuary, a
new family life center building and additional parking. It will allow the
church to rebuild and to continue to be a part of the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 500 feet of the site and the Stephens Area Faith, Hope, Love and
Midway Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The new sanctuary is proposed to have a total seating capacity of
700 persons, requiring 175 parking spaces (4/700). 82 spaces are
existing or proposed to be located on the block. The church has other
existing parking located across the street for an additional 83 spaces. On
street parking is available and some church members will likely walk from
the surrounding neighborhood. Staff supports the variance to allow the
163 parking spaces as proposed.
October 31, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-4649-D
2
4. SCREENING AND BUFFERS:
1. Compliance with the City’s Landscape and Buffer Ordinances is
required.
2. The site is located in the designated mature area and may qualify for
a twenty-five (25) percent reduction in buffer and landscape
requirements.
3. An eighteen (18) foot street buffer (in no case less than nine (9) feet) is
required on all perimeters.
4. Landscaping, including interior landscape islands, is required for the
new parking lot.
5. An upgrade to all existing landscaping is required due to the
redevelopment.
6. An automatic irrigation system is required for landscape areas.
7. Prior to issuance of a building permit, it will be necessary to submit an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that 17th Street 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 Pine Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
3. Due to the proposed use of the property, the Master Street Plan
specifies that W. 18th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty
(30) feet from centerline.
4. Due to the proposed use of the property, the Master Street Plan
specifies that Oak Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
5. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of 17th Street and Pine Street.
October 31, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-4649-D
3
6. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of 18th Street and Pine Street.
7. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of 17th Street and Oak Street.
8. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of 18th Street and Oak Street.
9. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the private improvements located in the right-of-way.
10. At time of issuance of a building permit, repair or replace any curb
and gutter or sidewalk that is damaged in the public right-of-way prior
to occupancy.
11. At the time of development, a grading permit in accordance with
Section 29-186 (c) and (d) will be required prior to any land clearing
or grading activities at the site. Other than residential subdivisions,
site grading and drainage plans must be submitted and approved
prior to the start of construction.
12. The proposed driveway locations 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. Variances for driveway
locations must be requested.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy currently has a distribution
power line running east and west in the alley between Pine and Oak
Streets. This line and easement will need to remain in place or customer
will to need to work with Entergy to relocate it. Relocation reimbursement
may be required.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No objection. 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.
October 31, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-4649-D
4
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
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. Fire hydrants (per Code),
maintain access.
County Planning: No Comments.
CATA: The site is located two (2) blocks from #16 UALR bus route.
SUBDIVISION COMMITTEE COMMENT: (OCTOBER 9, 2013)
Rev. Willis Walker and Architect Ronald Ross were present. Staff presented
the item and noted some additional information was needed regarding building
design and signage. In response to a question, Mr. Ross stated the church
desired to continue an after school program it currently operates. Staff noted
setback, buffer and parking variances would be required.
Public Works, Landscape and Utility Comments were presented. Staff noted
the requirement to dedicate right-of-way on all four streets and at all four
intersections. It was noted that variances would be needed for driveway
spacing and separations. Staff stated they would support the variances.
October 31, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-4649-D
5
It was noted that the church had a seating over 500 persons and additional
notification was required; including expanded notice to property owners within
500 feet rather than the typical 200 feet as well as the requirement of a public
meeting to be held prior to the Commission meeting. The applicants stated they
were prepared to meet those requirements.
The applicants were advised to submit responses to staff issues by Wednesday
October 16, 2013. The committee determined there were no other issues and
forwarded the item to the full Commission.
STAFF ANALYSIS:
First Baptist Church Highland Park is requesting approval of a conditional use
permit to allow for the construction of a new sanctuary, family life center and
additional parking on the R-3 zoned block bounded by West 17th, West 18th, Oak
and Pine Streets. On April 17, 2011, the Commission approved a conditional use
permit to allow for construction of this new sanctuary building in virtually this
same location. At that time, the existing sanctuary was located at the southeast
corner of the block. The old sanctuary building was proposed to be repurposed
for other church functions. Earlier this year, prior to construction of the new
sanctuary, the church suffered the total loss of the existing church building to fire.
The church now proposes to construct the new sanctuary and a separate family
life center building. The foundation of the former sanctuary building will be used
for additional parking. Associated with the redevelopment, the church is
requesting continued operation of its after-school program for approximately
60 children ages kindergarten – 5th grade.
The site slopes downward approximately 18 feet from Pine Street to Oak Street.
The sanctuary will be split-level with the sanctuary on the main level and
classroom and meeting space on the east side of the building on the lower level.
The building will have a brick exterior with metal roof. Building height is 39 feet
8 inches from finished floor to top of roof. A 39 foot tall steeple will top the
building.
The family life center building will have a brick and metal panel exterior with
metal roof. Total height of this building is proposed at 50 feet.
Signage will comply with that allowed in office and institutional zones. The
dumpster site is located off of the alley, between the sanctuary and FLC
buildings.
October 31, 2013
ITEM NO.: 3 (Cont.) FILE NO.: Z-4649-D
6
The project as proposed does require several variances, some precipitated by
the required right-of-way dedication. Setbacks of five (5) feet are proposed on
the north (17th Street) and south (alley). The covered drop-off at the front of the
church has a setback of fifteen (15) ± feet. These are somewhat less than what
is typically required. The building height exceeds the R-3 district height of
35 feet. Street buffers actually appear to meet or exceed the requirements
other than at the points along 17th Street where the two buildings are at the 5 foot
setback. The applicant has requested and staff recommends approval of the
driveway spacing and separation variances to allow the driveways as proposed.
The applicants did send notices and held the required pre-hearing neighborhood
meeting at the Centre at University Park (formerly the Adult Leisure Center) on
October 10, 2013 from 4:00 – 7:00 p.m. The applicant stated no one from the
neighborhood attended and voiced any concerns.
To staff’s knowledge, there are no outstanding issues. The bill of assurance for
Braddock’s Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with
the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of the requested building height, building setback,
street buffer, on-site parking and driveway spacing and separation variances.
PLANNING COMMISSION ACTION: (OCTOBER 31, 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, including all staff comments and
conditions and recommended variances. The vote was 9 ayes, 0 noes, 1 absent
and 1 open position.
October 31, 2013
ITEM NO.: 4 FILE NO.: Z-8885
NAME: Nazif Food Store – Conditional Use Permit
LOCATION: 10210 Chicot Road
OWNER/APPLICANT: Firas Nazif
PROPOSAL: A conditional use permit is requested to allow a food
store, under 5,000 square feet, with sales of beer or
wine.
1. SITE LOCATION:
The site is located at the southeast corner of Chicot Road and Morris
Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This property is one of several commercial properties which front onto the
west side of Chicot Road from Rebecca Drive south to the Chicot/Mabelvale
Cut-Off intersection. The predominant land use in the area is single family.
Single family homes are located in all four directions beyond the commercial
strip along Chicot. Staff has identified 3 other off premises beer sales
outlets with 2 blocks. If the issue for consideration is the number of alcohol
sales outlets in the area, it appears that adding a fourth outlet within such
close proximity is problematic.
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, West
Baseline, Chicot, Legion Hut and the Rob Roy Way Neighborhood
Associations.
3. ON SITE DRIVES AND PARKING:
No changes are proposed to the site. The property has sufficient paved
parking to meet ordinance requirements for this 2,100 ± square foot retail
store.
4. SCREENING AND BUFFERS:
No Comments.
October 31, 2013
ITEM NO.: 4 (Cont.) FILE NO.: Z-8885
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy has no issue with this proposal.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No objection. 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
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
competed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The text results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter.
October 31, 2013
ITEM NO.: 4 (Cont.) FILE NO.: Z-8885
3
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 directly on #17 and #22 CATA bus routes.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (October 9, 2013)
The applicant was present. Staff presented the item and noted there were few
outstanding issues. The applicant was asked to provide proposed days and
hours of operation. The Committee was informed that staff would provide a list of
on-premises and off-premises alcohol related business located within 1,500 feet
of the site.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
A one-story, 2,100± square foot commercial building occupies the C-3 zoned
0.4 acre tract located at 10,210 Chicot Road. The building is occupied by Best
Price Food Mart. Paved parking is located on the north and east sides of the
building. 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 C-3 district (Ordinance No. 20,568 adopted April 13, 2012). The food
store is proposed to operate Monday through Saturday, 8:00 a.m. – 10:00 p.m.
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 on or off-premises alcohol sales. Additionally,
staff looked at the proximity of the site to residential properties. Residential uses
are located one lot to the west of the site, across Chicot Road to the east, and in
general, in the larger area surrounding this site and the small number of
commercial businesses located in the immediate vicinity.
October 31, 2013
ITEM NO.: 4 (Cont.) FILE NO.: Z-8885
4
The following business with alcohol sales are located within 1,500 feet of the site.
ADDRESS PERMIT USE
10016 Chicot On Premises Chicken Wangs Restaurant
10206 Chicot Off Premises Price Rite Convenience Store
10310 Chicot On Premises Lucy’s Restaurant
10423 Chicot Off Premises Ask Food Mart/Exxon
7501 Mabelvale Cut-Off Off Premises Dollar General
It is apparent that there are 3 existing off premises beer sales business within two
blocks of this site. Additionally, other than for the small number of businesses
located along Chicot and at the Chicot/Mabelvale Cut-Off intersection, the
predominant use in the area around the site is residential.
Staff believes the addition of another off premises beer sales outlet in such close
proximity to the residential uses and other sales outlets is problematic and could
have a negative effect on the neighborhood.
STAFF RECOMMENDATION:
Staff recommends denial of the CUP.
PLANNING COMMISSION ACTION: (OCTOBER 31, 2013)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of denial.
The applicant, Firas Nazif, addressed the Commission. He stated the building
used to be an auto repair shop but the site had lost its non-conformity. He stated
he had spent a substantial amount of money anticipating opening either an auto
repair shop or a tire sales and installation business only to be told that he could
not without a conditional use permit. Mr. Nazif stated he then decided to do a
small convenience store (without gas pumps) since that is allowed in C-3 only to
find out he could not sell beer without a CUP. He stated he needed to sell beer
to be able to compete with other stores in the area and, without the beer sales,
he would not make enough profit to continue the business.
Chairman Rector commented that the Board had approved the change to the
ordinance to require this process but had not given any guidance for making a
decision. He stated the fact that there were no objectors present should be taken
October 31, 2013
ITEM NO.: 4 (Cont.) FILE NO.: Z-8885
5
into consideration. He stated he saw no problem with the proposal and would
vote for the application. Several other commissioners agreed.
At Chairman Rector’s request, staff explained the reason for the recommendation
of denial.
Commissioner Nunnley commented that he felt the Board was attempting to
prohibit the proliferation of small stores selling alcohol in neighborhoods. He
stated each should be looked at on a case-by-case basis and he would support
this application.
A motion was made to approve the application with all staff comments and
conditions, except that of denial. The vote was 7 ayes, 1 noe, 1 absent, 1 open
position and 1 abstaining (Bubbus).
October 31, 2013
ITEM NO.: 5 FILE NO.: LU13-03
Name: Land Use Plan Amendment – Arch Street South, Fish Creek and
Port South Planning District
Location: Both sides of I-530 north of Pratt Road/145th Street and both sides
of Frazier Pike near Harper and Damsite Roads
Request: Remove portions of LI, PK/OS, C, RL, & AG from Plan
Source: Staff
PROPOSAL / REQUEST:
Land Use Plan amendment in the Arch Street South, Fish Creek and Port South
Planning Districts to remove portions of LI - Light Industrial, PK/OS - Park/Open
Space, C - Commercial, RL - Residential Low Density, & AG - Agriculture from
the Plan. The Planning Boundary for the City of Little Rock has changed
therefore the Future Land Use plan should reflect the changes.
EXISTING LAND USE AND ZONING:
These areas are in the portion of the Planning Boundary that we do not zone.
The first area which is on both sides of Frazier Pike near Harper and Damsite
Roads is mostly agricultural with a small grouping of homes along Harper, Young
and Levee Roads. The second area is more varied in use. Near Pratt Road and
I-530, there is a school, a factory site, and some additional non-residential uses
along with vacant land.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
August 6, 2013, Changes were made along Arch Street Pike at Pratt Road and
north of Pratt Road which were over two miles for the site.
PLANS (Master Street Plan, Land Use Plan, Parks Plan, etc.):
The portion of each Plan that covers the area no longer within the Planning
Boundary shall no longer be in effect. It may be used for representational
purposes only (or should be removed from the appropriate ‘Plan’). The area of
coverage for any and all planning efforts by the City of Little Rock would be
reduced by the amount of change from the current Planning Boundary to the new
proposed Planning Boundary.
October 31, 2013
ITEM NO.: 5 (Cont.) FILE NO.: LU13-03
2
ANALYSIS:
The changes to the Planning Boundary are described in the following two
paragraphs. These changes have been approved by the Planning Commission
and City of Little Rock Board of Directors earlier.
The first area is on both sides of Frazier Pike Road was removed from the
Planning Boundary on October 1, 2012 per Ordinance 20,638 as a result of an
application that concerned a Water Improvement District. The Frazier Pike
Facilities Board requested their area be excluded from Little Rock’s Planning
Area so that they could use less costly rural design standards for improvements
within the district.
The second area on both sides of I-530 was a result of a legislative change in the
maximum area of planning boundaries that can be practiced by different cities of
different sizes. Arkansas Act 186 of 1957 which permits cities of the first and
second class to approve a planning area of five miles for subdivision review was
recently changed by the State Legislature. Now, the maximum distance for a city
our size is three miles as stated by Act 1053 of 2013. Portions of this area lay
outside of the three mile radius from the city limits, therefore to be in compliance
with state law, the Planning Boundary was moved inwards towards that city
limits. This was approved by the City of Little Rock Board of Directors on August
6, 2013 per Ordinance 20,754.
On both of the areas described above, there is a portion of the Future Land Use
plan that is shown outside of the planning boundary. Since Little Rock no longer
has jurisdiction in these areas, they should be removed from the plan.
NEIGHBORHOOD COMMENTS:
There are not any neighborhood associations in the area to send notices. We
have not sent notices to property owners since we do not zone this area.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 31, 2013)
The item was placed on consent agenda for approval. By a vote of 9 for,
0 against, 1 absent and one open position the consent agenda was approved.
October 31, 2013
ITEM NO.: 6 FILE NO.: LU13-11-01
Name: Land Use Plan Amendment – I-430 Planning District
Location: 10101 and 10103 West 20th Street
Request: Residential Low Density to Residential Medium Density
Source: Kenny Whitfield
PROPOSAL / REQUEST:
A Land Use Plan amendment in the I-430 Planning District from Residential Low
Density to Residential Medium Density is requested. Residential Medium
accommodates a broad range of housing types including single family attached, single
family detached, duplex, town homes, multi-family and patio or garden homes. Any
combination of these and possibly other housing types may fall in this category provided
that the density is between six (6) and twelve (12) dwelling units per acre. The proposal
is to zone the lots to R-4 (Two-family Residential) and build two duplexes on the
property.
ANALYSIS:
After review of the area, Staff believes that this application is not needed and should be
withdrawn.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: John Barrow
Neighborhood Association, Twin Lakes “A” Homeowners Association, Twin Lakes “B”
property Owners Association and Twin Lakes “B” Special Recreation Improvement
District. Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the application should be withdrawn.
PLANNING COMMISSION ACTION: (OCTOBER 31, 2013)
The item was placed on consent agenda for withdrawal. By a vote of 9 for, 0 against,
1 absent and one open position the consent agenda was approved.
October 31, 2013
ITEM NO.: 6.1 FILE NO.: Z-8886
Owner: Alice I. Jett
Applicant: Kenny Whitfield and Roger Coburn
Location: 10101/10103 West 20th Street
Area: 0.32 Acre
Request: Rezone from R-2 to R-4
Purpose: To construct two (2) new duplex structures
Existing Use: Single family residence and two-family residence
SURROUNDING LAND USE AND ZONING
North – Single family residences and undeveloped lots (across West 20th Street);
zoned R-2
South – Single family residences, two-family residences and undeveloped lots;
zoned R-2 and R-4
East – undeveloped lots and single family residences, including older mobile homes
(across Nichols Road); zoned R-2
West – Single family residences and vacant lots; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. A 20 foot radial dedication of right-of-way is required at the intersection of
Nichols Road and West 20th Street.
2. Nichols Road is classified on the Master Street Plan as a residential street.
A dedication of right-of-way 25 feet from centerline will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on CATA bus route. Route #3 (Baptist Medical Center
Route) runs along Kanis Road to the north.
October 31, 2013
ITEM NO.: 6.1 (Cont.) FILE NO.: Z-8886
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes and Twin Lakes “B” Neighborhood Associations were notified of the
public hearing.
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan shows
Residential Low Density (RL) for this property. Residential Low Density is for
single-family homes at densities no greater than six dwelling units per acre. The
applicant has applied for a rezoning from R-2 (Single-Family Residential) to R-4
(Two Family District) to allow for the re-development of this site with two
duplexes. Staff determined that a Land Use Plan Amendment will not be
needed, based on the fact that there are existing duplex structures and zoning
(R-4 and PD-R) in this immediate area within the RL Land Use Plan designation.
Master Street Plan:
20th Street and Nichols Road are shown as Local Streets on the Master Street
Plan. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets that are abutted by non-residential zoning/use or more
intensive zoning than duplexes are considered as “Commercial Streets”. A
Collector design standard is used for Commercial Streets. These streets may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
BICYCLE PLAN:
There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
Alice I. Jett, owner of the 0.32 acre property located at 10101 and 10103 West
20th Street, is requesting to rezone the property from “R-2” Single Family District
to “R-4” Two-Family District. The property is comprised of two (2) platted lots
(Lots 13 and 14, Block 6, Hicks Interurban Addition) located at the southwest
corner of West 20th Street and Nichols Road. The rezoning is proposed to allow
construction of two (2) new duplex structures (one (1) per lot).
The 0.32 acre property contains a one-story frame single family residence within
the west half of the overall site. A one-story frame two-family residence is
located within the east half of the property. The two-family structure contains two
(2) electric meters on the south wall of the building.
October 31, 2013
ITEM NO.: 6.1 (Cont.) FILE NO.: Z-8886
3
Existing single family residences and vacant lots are located on R-2 zoned
property to the north, east and west. Two-Family structures are located on the
R-4 zoned property to the south at the northwest corner of West 22nd Street and
Nichols Road. There are also a few older mobile home structures in the area.
The City’s Future Land Use Plan designates this property as Residential Low
Density. The requested R-4 zoning will not require an amendment to the Land
Use Plan.
Staff is supportive of the requested zoning. Staff views the request as
reasonable. The City’s Future Land Use Plan designates this property as “RL”
Residential Low Density. Based on the fact that there are existing duplex
structures and duplex zoning (R-4 and PD-R) in this immediate area within the
RL designation, staff determined that the requested R-4 zoning to allow
construction of two (2) new duplex structures will not require a change to the
Land Use Plan. The two (2) existing structures on this property are older frame
structures and are in a deteriorating condition. Staff believes the applicant’s plan
to construct two (2) new duplexes will be a quality, in-fill type, development for
this general area south of West 18th Street. Additionally, the two (2) new duplex
structures will represent as increase of only one (1) residential unit for this
property. Staff believes rezoning this property to R-4 will have no adverse impact
on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (OCTOBER 31, 2013)
The applicant was present. There were no objectors present. Staff presented the
application with 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 nays, 1 absent and 1 open position.
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October 31, 20113
There being no further business before the Commission, the meeting
was adjourned at 2:18 p.m.
Date 12, ,`�