pc_01 27 2011sub
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
JANUARY 27, 2011
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present there being nine (9) members present.
II. Members Present: Tom Brock
Janet Dillon
J. T. Ferstl
Rebecca Finney
Keith Fountain
Dan Harpool
Troy Laha
Bill Rector
Amy Pierce
Members Absent: William Changose
Obray Nunnley, Jr.
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 16, 2010 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
JANUARY 27, 2011
OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8603 West Short-form PD-R, located at 2406 West 13th Street.
B. S-1659 Hagan Addition Preliminary Plat, located on the Northeast
corner of Edswood Drive and Mallard Point Cove.
C. Z-4470-G Pinnacle Ford Long-form PCD, located on the Northeast corner
of Chenal Parkway and Wellington Village Road.
D. Z-7603-F Cantrell Falls Revised Long-form POD, located at 14910
Cantrell Road.
E. Z-8610 McDonald’s USA Short-form PD-C, located at 104 South
University Avenue.
F. Z-8614 Islamic Center Short-form PCD, located at 1717 Wright Avenue.
G. Z-3859-A GEO Group Correctional Facility – Conditional Use Permit
615 West Markham Street
H. Z-6974-B City of Faith Correctional Facility – Conditional Use Permit
1401 S. Garfield Street
NEW BUSINESS:
I. SITE PLAN REVIEW:
Item Number:
File Number:
Title:
1. S-1035-C Alhambra Square Lot 1 Subdivision Site Plan Review,
located on the Northwest Corner of Chenal Parkway and
Autumn Roads.
2. S-1515-A Cottages of Good Shepard Subdivision Site Plan Review,
located at 2901 Aldersgate Road.
Agenda, Page Two
I. SITE PLAN REVIEW: (CONTINUED)
Item Number:
File Number:
Title:
3. Z-3689-I Lisa Academy Zoning Site Plan Review, located on Lot 3R
Ensco Parkhill Phase III – Corporate Hill Drive.
II. PLANNED DEVELOPMENTS:
Item Number:
File Number:
Title:
4. Z-2940-A Independent Hotel Pine Street Short-form PCD, located on
the Southeast corner of West 8th and Pine Streets.
5. Z-4411-J Pleasant Ridge Town Center Revised PCD, located on the
Southeast corner of Cantrell Road and Pleasant Ridge
Drive.
6. Z-5873-A Peacock Apartments Short-form PD-R, located at 103
South Park Street.
7. Z-8579-A Deloney Daycare Short-form PCD, located at 8033
Mabelvale Cut-off Road.
8. Z-8647 Good Shepard Short-Form PD-R, located at 2901
Aldersgate Road.
III. OTHER BUSINESS:
Item Number:
File Number:
Title:
9. LA-0035 Tract 75 Chenal Valley Champagnolle Office Village Land
Alteration Variance Request.
January 27, 2011
ITEM NO.: A FILE NO.: Z-8603
NAME: West Short-form PD-R
LOCATION: Located at 2406 West 13th Street
DEVELOPER:
Ms. Ruthie West
2907 Summit Street
Little Rock, AR 72206
ENGINEER:
Butler Surveying Group
P.O. Box 13087
Maumelle, AR 72113
AREA: 0.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-3, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Single-family residential – Central High DOD, Allow the front porch
to remain enclosed
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The property is located at 2406 West 13th Street and is located within the Central
High Design Overlay District boundaries. The property is currently under
enforcement. The owner has enclosed the front porch of this home, which is not
allowed per the Central High Design Overlay District. The DOD states the
primary entrance to the structure shall be consistent with that of other structures
on the developed block face. The ordinance also states all residential structures
must have a front porch that is a passageway from the street to the front door of
the unit on new residential construction and additions/modifications to the front
façade of existing residential structures.
January 27, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8603
2
The applicant’s cover letter indicates she is primarily responsible for her 83-year
old father who lives in the home and suffers from Alzheimer’s, heart disease and
has a number of other medical concerns. She states the front porch was
enclosed to allow her father to sit outside without concern for him.
The Bill of Assurance for this site does not address this specific request.
B. EXISTING CONDITIONS:
The home is located one block north of Central High School and is the second
house from the corner of Rice Street located on West 13th Street. The lot
immediately to the west of this home is vacant. The home to the east is an
occupied single-family residence. The uses in this immediate area along West
12th and 13th Streets are single-family and two-family residences. There is an
area of commercial located along West 12th Street to the northeast and northwest
at the intersections of West 12th and Park, Dennison and Jones Streets.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a few informational phone calls from area
residents. All property owners located within 200-feet of the site all residents,
who could be identified, located within 300-feet, and the Central High
Neighborhood Association were notified of the public hearing. The Central High
Neighborhood Association has submitted a letter indicating opposition to the
request.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
January 27, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8603
3
Central Arkansas 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.
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Central City Planning District.
The Land Use Plan shows Residential Low Density for this property. The
applicant has applied for a rezoning to Planned Development Residential to allow
a variance from the Central High DOD. The request does not require a change
to the Land Use Plan.
This area is not covered by a Neighborhood Action Plan.
Master Street Plan: West 13th Street is a Local Street. The primary function of a
Local Street is to provide access to adjacent properties. Local Streets which are
abutted by non-residential zoning/use or more intensive zoning than duplexes
are considered as “Commercial Streets”. These streets have a design standard
the same as a Collector.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (October 14, 2010)
Ms. West was present representing the request. Staff presented an overview of
the request stating the applicant had enclosed the front porch of her home
located on West 13th Street which was in violation of the Central High Design
Overlay District. Staff stated the violation was under enforcement and the
applicant was requesting a rezoning to PD-R to allow the enclosed porch to
remain as presently constructed. Ms. West stated the new construction made
the home look better and was done to allow her father to stay outdoors and not
be concerned for his safety or him wandering away due to his health condition.
January 27, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8603
4
Staff noted there were few comments from the other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
There were no issues raised at the October 14, 2010, Subdivision Committee
meeting requiring a revised site plan. The applicant is requesting to be allowed
to maintain the enclosed front porch which is in violation of the Central High
Design Overlay District. The construction was done without review by the
Planning Department prior to construction and the applicant did not purchase a
permit for the improvements.
The DOD states in order to ensure compatibility with the historic nature of the
neighborhood all new construction and addition are to be reviewed by the
Department of Planning and Development prior to the issuance of a building
permit. The department is to review the plans for consistency with the detailed
requirements of the DOD to determine consistency with the ordinance. The
ordinance states primary entrances are to be consistent with that of other
structures on the developed block face. The ordinance also states residential
structures must have a front porch that is a passageway from the street to the
front door of the unit on new residential construction and additions/modifications
to the front façade of an existing residential structure.
Based on the requirements of the DOD staff cannot support the request. The
enclosure is out of character with the remainder of the homes on the block. All
other houses on the block have front porches as did this home before it was
enclosed. The DOD was approved on October 20, 2009. Staff does not feel the
enclosure of the front porch meets the intent of the Central High Design Overlay
District.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (NOVEMBER 4, 2010)
The applicant was present. There were registered objectors present. Staff presented
the item stating the applicant was seeking a deferral of the item to the December 16,
2010, public hearing. The applicant approached the Commission stating additional time
was needed to gather information to present to staff.
January 27, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8603
5
The Chair entertained a motion for a By-law waiver for the late deferral request. The
motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The Chair
entertained a motion for approval of the deferral request to the December 16, 2010,
public hearing. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open
positions.
STAFF UPDATE:
There has been no change to this application request since the previous staff write-up
and analysis. Staff continues to recommend denial of the request.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2010)
Mr. Steve Morley and Ms. West were present representing the request. There were
registered objectors present. Staff presented the item with a recommendation of
denial.
Mr. Morley stated his client had indicated to him the improvements were completed prior
to the adoption of the DOD for Central High. He stated Ms. West had provided staff
with receipts indicating the purchase of materials prior to the adoption of the DOD.
Chairman Yates questioned Ms. Cindy Dawson, Deputy City Attorney, if the
Commission should hear the request if in fact the improvements were completed prior to
the adoption of the DOD. Ms. Dawson stated she and staff would need to review the
information provided by Ms. West to determine if in fact the improvements were
completed prior to the DOD adoption. Mr. Tony Bozynski, Director of Planning and
Development, stated he would need to confer with the enforcement officer to determine
if the improvements were completed prior to the adoption of the DOD.
Chairman Yates requested a deferral of the item to allow staff to make the
determination as to when the improvements were completed. A motion was made to
defer the item to the January 27, 2011 public hearing to allow sufficient time to
determine if the improvements were completed prior to the adoption of the DOD. The
motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions.
STAFF UPDATE:
Staff is meeting with the applicant to determine if the work was completed prior to the
adoption of the Central High Design Overlay District. Staff will provide the Commission
with an update at the January 27, 2011, public hearing.
January 27, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8603
6
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item stating since Ms. West was challenging staff’s determination that the
work was completed prior to the adoption of the Central High Design Overlay District
they felt the Zoning Board of Adjustment should hear and decide the case as an appeal
of staff’s determination of when the work was completed. Staff stated the item would be
placed on the Zoning Board of Adjustment’s February 28, 2011, docket. Staff stated if
the Zoning Board of Adjustment ruled against Ms. West and found there was not
sufficient documentation to determine the work was completed prior to the adoption of
the Central High DOD the item would be retuned to the Planning Commission at their
March 10, 2011, public hearing to determine the appropriateness of the enclosure of the
front porch. Staff stated if the Zoning Board of Adjustment felt there was sufficient
documentation to determine the enclosure was completed prior to the adoption of the
Central High DOD then the would be presented with a recommendation of withdrawal at
the Commission’s March 10, 2011, public hearing.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: B FILE NO.: S-1659
NAME: Hagan Addition Preliminary Plat
LOCATION: Located on the Northeast corner of Edswood Drive and
Mallard Point Cove
DEVELOPER:
Calvin Hagan
5 Mallard Point Cove
Little Rock, AR 72223
ENGINEER:
White-Daters and Associates
#24 Rahling Circle
Little Rock, AR 72223
AREA: 5.2 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 18 – Ellis Mountain
CENSUS TRACT: 42.07
VARIANCES/WAIVERS REQUESTED: A variance from Section 31-231 – the creation
of lots with private streets and lots without public street frontage.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The property contains 5.2 acres and is located at the northwest corner of
Edswood Drive and Mallard Point Cove. The owner wishes to subdivide the
property into five (5) lots for single-family development.
Edswood Drive is designated on the Master Street Plan as a principal arterial.
The owner is proposing to dedicated with the final platting of the lots the right of
way to meet the Master Street Plan requirement of 55-feet from centerline. The
owner and two (2) of the proposed buyers will deposit the cost of the required
improvements with the City for the required street construction. If in fact the
street is not constructed within a ten (10) year period the money will be returned
to these parties.
January 27, 2011
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-1659
2
The applicant has provided a report from Meinco Septic System indicating the
soils are suitable for septic systems. The existing home has a septic system
which will be housed on proposed Lot 1 along with the home. All the proposed
lots will be served by Central Arkansas Water with the extension of water mains
as needed.
B. EXISTING CONDITIONS:
The property is located outside the City limits but within the City’s Extraterritorial
Planning Jurisdiction. Edswood Drive is an unimproved County road constructed
with open ditches for drainage. Mallard Point Cove is a narrow drive accessing
less than one-half a dozen homes. The area is primarily singe-family homes
located on acreage with the majority of the homes located on five (5) plus acres.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
abutting property owners and the Coalition of West Little Rock Neighborhoods
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Edswood 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.
2. With site development, provide the design of the street conforming to the
Master Street Plan. Construct one-half street improvement to Edswood Road
including 5-foot sidewalks with the planned development. Per the Master
Street Plan, this section of Edswood Road will be a divided street with a
110 foot right-of-way, 14 foot median, 2 - 26 foot travel lanes and 5 foot
sidewalk on both sides of the street. The applicant has proposed to make an
in-lieu payment for the street improvements. The in-lieu payment estimate
will be prepared and provided by staff based on City of Little Rock cost
estimates on previous projects.
3. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan.
4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
January 27, 2011
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-1659
3
5. Due to Edswood Road being classified as a principal arterial street, driveway
locations and widths must meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Lots 3, 4, & 5 must share a
single driveway access centered between the north property line of Lot 5 and
the south property line of Lot 3. The width of driveway must not exceed 30
feet. If privacy gates are proposed to be installed the key pad to the gate
should be located 30 feet from the future back of curb on Edswood Road and
turnaround provided for a SU-30 vehicle to exit the driveway without having to
back into a principal arterial street.
6. At least 20 feet of asphalt hard surface should be provided on Mallard Point
Cove adjacent to the subject property.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside the service boundary. The applicant has provided a septic
certification indicating the lots as proposed will perk.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas Water: The site is located within Water District #349. Contact
Barry Hass to obtain information concerning connection fees. 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 or relocated,
contact Central Arkansas Water. That work would be done at the expense of the
developer.
Fire Department: The site is located outside the City limits of the City of Little
Rock. Provide a letter from the area volunteer fire department indicating their
knowledge of the project and their ability to serve the proposed plat area. (Chief
Ronald J. Wheeler 821-9320 or 529-2004.)
County Planning: No comment received.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment.
January 27, 2011
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-1659
4
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (November 24, 2010)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff presented the item stating there were few outstanding technical
issues in need of addressing related to the proposed plat. Staff stated Lots 3 – 5
would require the placement of a 35-foot building line along Edswood Road.
Staff stated additional right of way was also required on a portion of Lot 1 to meet
arterial street standards per the Master Street Plan for Edswood Road.
Public Works comments were addressed. Staff stated additional paving was
required on Mallard Point Cove to a minimum pavement width of 20-feet. Staff
also stated the in-lieu payment for the street construction of Edswood Road
would be based on a cost estimate prepared by City staff.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing the issues
raised at the November 24, 2010, Subdivision Committee meeting. The revised
plan indicates the placement of a 35-foot building line along Edswood Road and
right of way dedication on Lot 1 to meet the Master Street Plan for an arterial
street classification.
The property contains 5.2 acres and is proposed to be subdivided into five (5)
lots. The site is located outside the City limits of Little Rock but within the City’s
Extraterritorial Planning Jurisdiction. A report from Meinco Septic System
indicates the soils are suitable for septic systems and will support the plat as
proposed. All the proposed lots will be served by Central Arkansas Water with
an extension of a water main as needed.
Edswood Drive is designated on the Master Street Plan as a principal arterial.
The owner is proposing to dedicate with the final platting of the lots right of way
to meet the Master Street Plan requirement of 55-feet from centerline. A deposit
for the cost of the required improvements to Edswood Road will be placed with
January 27, 2011
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-1659
5
the City for the required street construction. If in fact the street is not constructed
within a ten (10) year period the money will be returned to these parties as the
City typically does. The deposit will be made based on cost estimates prepared
by the City staff and not by the applicant’s engineer. Mallard Point Cove is a
private access easement. Additional paving to a minimum width of 20-feet will be
added to allow for pavement widths typically required to meet emergency access
needs.
Staff is supportive of the request. Although in this area the existing lots are
mostly larger than the lots as proposed by the applicant the lots do meet the
typical standards of the R-2, Single-family Zoning District. In addition the
applicant has provided a septic certification indicating the lots as proposed are
sufficient to allow for proper waste disposal. To staff’s knowledge there are no
remaining outstanding technical issues in need of addressing related to the
proposed preliminary plat.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the applicant’s request to provide an in-lieu
payment for the cost of street construction to Edswood Road. The cost estimate
will be based on the City of Little Rock staff cost estimates.
Staff recommends approval of the variance request to allow the development of
these lots utilizing private streets.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2010)
Mr. Joe White of White Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item requesting a
deferral of the item to the January 27, 2011, public hearing. Staff stated they needed
the additional time to establish the centerline for the proposed arterial that was located
along the properties boundary.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes
0 noes, 0 absent and 2 open positions.
January 27, 2011
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-1659
6
STAFF UPDATE:
Staff is continuing to work to determine the future alignment of the principal arterial
located along the property’s eastern boundary. Staff will provide an update of the
location to the Commission at the January 27, 2011, public hearing.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented an overview of the request
stating they had established the alignment of the future principal arterial located along
the eastern boundary of this site. Staff stated the applicant had agreed to dedicate right
of way as requested by staff along the eastern perimeter of the proposed lots and as
indicated on the proposed preliminary plat. Staff stated the applicant desired to provide
a cash payment in-lieu of street construction along the frontage of the property requiring
street construction. Staff stated they had determined the cost of the required street
construction would be $40,000. Staff stated if the street was not constructed within a
ten year period the money would be returned to the developer.
Staff stated otherwise to their knowledge there are no remaining outstanding technical
issues associated with the request. Staff presented a recommendation of approval of
the request subject to compliance with the comments and conditions as outlined in
paragraphs D, E and F of the agenda staff report. Staff also presented a
recommendation of approval of the variance request to allow the development of lots
utilizing private streets.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: C FILE NO.: Z-4470-G
NAME: Pinnacle Ford Long-form PCD
LOCATION: Located on the Northeast corner of Chenal Parkway and Wellington
Village Road
DEVELOPER:
Crain Automotive Holdings LLC
15400 Chenal Parkway
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
#24 Rahling Circle
Little Rock, AR 72223
AREA: 7.6 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF
CURRENT ZONING: C-2, Shopping Center District – CUP for Automobile
Dealership
ALLOWED USES: General Retail
PROPOSED ZONING: PCD
PROPOSED USE: C-2, Shopping Center District Uses and Auto paint body or
body rebuilding shop
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated December 1, 2010, requesting deferral of this
item to the January 27, 2011, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2010)
Mr. Joe White of White-Daters and Associates was presented representing the request.
There were no registered objectors present. Staff presented the item stating the
applicant had submitted a request dated December 1, 2010, requesting deferral of the
January 27, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-4470-G
2
item to the January 27, 2011, public hearing. Staff stated they were supportive of the
deferral request.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes
0 noes, 0 absent and 2 open positions.
STAFF UPDATE:
The applicant submitted a request dated January 13, 2011, requesting deferral of this
item to the March 10, 2011, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item stating the
applicant had submitted a request dated January 13, 2011, requesting deferral of this
item to the March 10, 2011, public hearing. Staff stated they were supportive of the
deferral request.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: D FILE NO.: Z-7603-F
NAME: Cantrell Falls Revised Long-form PCD
LOCATION: Located at 14910 Cantrell Road
DEVELOPER:
PDC Companies
1501 N. University Avenue
Little Rock, AR 72207
ENGINEER:
The Holloway Firm, Inc.
Mr. Bob Holloway
200 Casey Drive
Maumelle, AR 72113
AREA: 7.93 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: O-3, General Office District and C-3, General
Commercial District
PROPOSED ZONING: PCD
PROPOSED USE: O-3, General Office District and C-3, General Commercial District –
add a fifth lot to the development for automotive repair
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
A request to rezone a portion of this site from R-2, Single-family to POD was filed and
withdrawn from consideration prior to the June 3, 2004, Planning Commission Public
Hearing. The applicant proposed a development to include office and commercial
activities on 3.6 acres located along the western portion of this site. (Z-7603)
Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005,
established PDC Company Short-form POD. The request included the development of
a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of
the proposed lots and an office building on the second lot. Lot 1 would develop with a
restaurant without drive-through service containing 4,500 square feet and Lot 2 would
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
2
develop with 29,200 square foot of office space. The overall percent for each use on
the site was eighty-seven percent office and thirteen percent commercial. The approval
established the hours of operation from 6 am to midnight seven days per week. The
development has not been constructed. (Z-7603-A)
On June 22, 2006, the Little Rock Planning Commission denied a request to allow
14910 Cantrell Road (adjacent to the east) and the PDC Company Short-form POD to
be rezoned from R-2, Single-family and POD to PCD to allow a four-lot subdivision with
a combination of sit-down and drive-through restaurants. The lots varied in size from
1.3 acres to 2.5 acres. Restaurant sizes range from 4,100 square feet to 7,200 square
feet. A cul-de-sac would be constructed as a public street from Highway 10 through the
middle of the lots to provide public street frontage for each lot. The developer
requested the flexibility to shift lot area and restaurant size within the development to
accommodate a variety of tenants. A 40-foot access and utility easement was proposed
from the cul-de-sac to a property located to the east of the site. The site was approved
as a PCD to allow the construction of a strip retail center with no parking or access
located along the rear of the building. According to the applicant access to the site to
the east would allow circulation between developments and limit the need for vehicles to
access Cantrell Road from the development site. Placement of the access easement
would allow vehicles from as far west as Regions Bank to access the existing traffic
signal for protected left turns. The item was not appealed to the Board of Directors.
(Z-7603-B)
On January 18, 2007, the Planning Commission approved a rezoning of 14910 Cantrell
Road from R-2, Single-family to PCD which allowed the development of 4.2 acres as a
two lot development. The site plan indicated two buildings would be constructed on the
site. A building containing 7,200 square feet and 107 parking spaces was proposed on
the lot fronting Cantrell Road and a second building containing 6,300 square feet and
110 parking spaces was proposed for the rear lot. A maximum of 13,000 square feet of
restaurant space was approved. A selected list of commercial uses was approved for
the site other than a restaurant. The hours of operation for a restaurant facility were
limited to 10:00 am to midnight seven days per week. The lots were proposed each
containing in excess of two acres. Access to the development was proposed through a
24-foot drive located along the western perimeter of the site and was to be shared with
the property approved for PDC Short-form POD located to the west proposed for future
development with office and commercial uses. On February 6, 2007, the Little Rock
Board of Directors approved Ordinance No. 19,694 allowing the rezoning.
The following uses were approved as allowable uses for the development: Bank or
savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or
optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture
store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry,
domestic cleaning, Office (general and professional), Optical shop, Photography studio,
Retail uses not listed (enclosed).
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
3
A definition of a “sit down restaurant” was also approved. A “sit down restaurant” is a
type of restaurant, which provides tables where one sits down to eat a meal, typically
served by wait staff. Historically called simply restaurants, following the rise of fast food
restaurants, a retronym for the older “standard” restaurant was created. Most
commonly, “sit down restaurant” refers to a casual dining restaurant with table service
rather than a fast food service where one orders food at a counter. Sit down
restaurants are often further categorized as “family style” or “formal”. (Z-7603-C)
Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008,
rezoned both 14910 and the PDC development from POD and PCD to PCD. The
approval allowed a 3,400 square foot drive-through restaurant on Lot 1, a
29,180 square foot office building on Lot 2, a 6,560 square foot restaurant on Lot 3 and
a 6,000 square foot restaurant, a 10,500 square foot retail center and a 2,000 square
foot bank on Lot 4.
The hours of operation for the development were approved from 6:00 am to midnight
seven days per week for Lots 1, 2 and 4 and from 10:00 am to midnight seven days per
week for Lot 3. The hours of dumpster service and the service hours of supplies were
limited to daylight hours.
The approved uses were limited to the following: Bank or savings and loan, Book and
stationary store, Camera shop, Clinic (medical, dental or optical), Clothing store, Eating
place without drive-in service, Florist shop, Furniture store, Hardware or sporting goods
store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office (general
and professional), Optical shop, Photography studio, Retail uses not listed (enclosed).
The development was required to construct an earthen berm along the Cantrell Road
frontage within the 40-foot landscape strip constructed to a minimum height of
42-inches measured from the average grade of the site. Within the 40-foot landscape
strip an earthen sculpture and stone water feature would be constructed along with the
landscaping as typically required to comply with the Highway 10 DOD.
On September 18, 2008, the Little Rock Planning Commission denied a request to allow
the placement of an individual tenant sign on Lot 1 to serve the Burger King. The denial
was appealed to the Board of Directors and scheduled to be heard on January 5, 2009,
but was withdrawn by the applicant prior to the public hearing.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing to amend the previously approved PCD to allow
a modification to the site plan along the eastern portion of the site (Lots 3 and 4).
The applicant is proposing to create an additional lot along the eastern perimeter
to allow the construction of an automotive repair shop within this area in addition
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
4
to the sit down restaurant and stand alone retail building. The revised site plan
allows for a reduction of parking in an effort to create additional landscaped
areas.
The revised plan includes Lot 1 which has developed with a 2,800 square foot
restaurant with a drive-through facility, Lot 2 which is proposed to be developed
with a 28,980 square foot office building. Lots 3 and 4 are proposed to be
divided into three (3) lots. A 6,560 square foot restaurant building is to be
located on Lot 3. Lot 4 is proposed to be developed with a 7,200 square foot
automotive repair business and Lot 5 is proposed to be developed with a
5,000 square foot restaurant building.
The development is indicated with cross access and cross parking. Located on
Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot
3 is indicated containing 106 parking spaces. Lot 4 is proposed containing
30 parking spaces and Lot 5 is indicated containing 53 parking spaces.
B. EXISTING CONDITIONS:
The entire site was cleared and leveled with the construction of the Burger King
restaurant. No other buildings have been constructed. To the east of the site is
the Wal-Greens development, a strip retail center and Catfish City is located
further east. The area to the north is vacant and undeveloped; currently zoned
R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell
Road and a dentist office and medical office are located in the rear of the site on
separate lots. To the south of the site are vacant properties zoned R-2,
Single-family.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from
area residents. All property owners located within 200-feet of the site, all
residents, who could be identified, located within 300 feet of the site, the Tulley
Cove Neighborhood Association, the Pinnacle Valley Neighborhood Association,
Secluded Hills Property Owners Association, the Westchester Heatherbrae
Property Owners Association and the Westbury Neighborhood Association were
notified of the public hearing.
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
5
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan along
with Cantrell Road and both sides of the public access easement.
3. The medians should be removed from the right turn lane and the
intersection. Handicap ramps should cross the entrance driveway into the
development at the property line.
4. Private access is proposed for these lots. In accordance with Section
31-207, private streets must be designed to the same standards as public
streets. A minimum access easement width of 60 feet is required and street
width of 36 feet from back of curb to back of curb.
5. Stormwater detention ordinance applies to this property.
6. 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.
7. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
9. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1805 (Travis Herbner).
10. The development is showing a driveway access to the property to the east.
This driveway access has not been recommended by staff in the past and
should not installed with this revised application. For additional information,
contact Bill Henry with Traffic Engineering at 379-1816.
11. Vehicle parking is not allowed along the drive access to the property to the
east. If the property to the east has similar parking along their access drive,
the parking must be removed.
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
6
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements for Lots 3 and 4.
Contact Little Rock Wastewater Utility for additional information.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas 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 if addition 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. 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. 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. This development will have minor impact on the
existing water distribution system. Proposed water facilities will be sized to
provide adequate pressure and fire protection.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express
Route.
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
7
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Mixed Use for this property. The applicant
has applied for a revised Planned Commercial Development for a commercial
and office use. This area is covered by the River Mountain Neighborhood Action
Plan. The Sustainable Natural Environment Goal states: “Promote vigorous
enforcement of Landscaping & Excavation Ordinance.”
Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of
a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits should
be limited to minimize negative effects of traffic and pedestrians on Cantrell Road
since it is a Principal Arterial. The 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 in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
G. SUBDIVISION COMMITTEE COMMENT: (November 24, 2010)
Mr. Eric Holloway of the Holloway Firm was present representing the request.
Staff presented an overview of the development stating there were a number of
outstanding technical issues associated with the request in need of addressing.
Staff requested details of the proposed signage including building signage and
ground signage. Staff also stated there were specific uses approved with the
original approval and question if there were any additional uses, other than auto
repair, being requested with the revision. Staff also noted specific hours of
operation were approved for the restaurant users and questioned if the hours
would change.
Public Works comments were addressed. Staff stated the drive indicated to
connect to the property to the east should be removed. Staff stated the drive had
been discussed on a number of occasions and was not supported by staff. Staff
stated a grading permit would be required at the time of development. Staff also
stated a private access was proposed to the lots. Staff stated private access was
to be designed to public street standard. Staff stated a minimum access
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
8
easement of 60 feet and 36 feet of pavement was required to serve the
development.
Landscaping comments were addressed. Staff stated a minimum landscape
strip of nine feet was required along the common lot lines. Staff also stated all
interior islands were to comply with the minimum standards of the Landscape
Ordinance.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing the issues raised
at the November 24, 2010, Subdivision Committee meeting. The revised plan
has removed the driveway connection to the development to the east, indicated
the nine (9) foot minimum landscape strip along the common lot lines and
indicated the signage plan. The applicant is requesting to amend the hours of
operation for Lots 1, 2, 4 and 5 to be from 6:00 am to midnight seven days per
week. The hours for Lot 3 will remain from 10:00 am to midnight seven days per
week.
The applicant has not requested to amend the previously approved uses with the
exception of the addition of automotive repair. The uses previously approved are
limited to the following: Bank or savings and loan, Book and stationary store,
Camera shop, Clinic (medical, dental or optical), Clothing store, Eating place
without drive-in service, Florist shop, Furniture store, Hardware or sporting goods
store, Health studio or spa, Jewelry store, Laundry, domestic cleaning, Office
(general and professional), Optical shop, Photography studio, Retail uses not
listed (enclosed) and Automotive repair.
The applicant is proposing to amend the previously approved PCD to allow a
modification to the site plan along the eastern portion of the site. The applicant is
proposing to create an additional lot along the eastern perimeter and allow the
construction of an automotive repair shop within this area. Along the eastern
perimeter there will be a sit down restaurant located to the rear of the site and
stand alone retail building located along Cantrell Road.
Lot 1 has developed with a 2,800 square foot restaurant with a drive-through
facility. Lot 2 is proposed to be developed with a 28,980 square foot office
building. Lots 3 and 4 are proposed to be divided into Lots 3, 4 and 5. A 6,560
square foot restaurant building is proposed to be developed on Lot 3. The plan
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
9
indicates Lot 4 to be developed with a 7,200 square foot automotive repair
business and Lot 5 to be developed with a 5,000 square foot restaurant building.
The development is indicated with cross access and cross parking. Located on
Lot 1 there are 30 parking spaces and on Lot 2 there are 74 parking spaces. Lot
3 is indicated containing 87 parking spaces. Lot 4 is proposed containing 29
parking spaces and Lot 5 is indicated containing 49 parking spaces. Lot 1 is
existing. Lot 2 is proposed for the development of an office building which would
typically require the placement of 72 parking spaces. Lot 3 is proposed with a
restaurant building which would typically require the placement of 65 parking
spaces. Lot 4 is proposed as automotive repair which would typically require the
placement of 24 parking spaces and Lot 5 is proposed with a restaurant which
would typically require the placement of 50 parking spaces.
No new ground signage is proposed along Cantrell Road. Each of the interior
lots will be allowed a ground sign not to exceed six feet in height and sixty square
feet in area. Building signage for Lots 2 – 4 will be allowed on the front facades
of the buildings or on the façade abutting the access easement.
Although the overall square footage of the retail portion of the development has
not changed significantly staff is not supportive of the request. The previously
approved plan and uses allowed for a more neighborhood friendly retail
development and did not include automotive type uses. Typically automotive
repair is a use that is allow in strictly commercial areas and typically not
developed within or in close proximity to office and residential developments.
Staff has concerns with the potential future development of the site if the site
takes on this type use. Staff feels to add automotive repair to the site will only
push the commercial node further away from the intended intersection of Cantrell
and Taylor Loop Roads. Staff feels the retail development of this site should
maintain the original intended uses of neighborhood type retail uses limited to
uses which serve the immediate neighborhood.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2010)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had requested a deferral of the item on this
date to the January 27, 2011 public hearing. Staff stated the deferral request would
January 27, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-7603-F
10
require a waiver of the Commission’s By-laws with regard to the late deferral request.
Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
approval of the By-law waiver with regard to the late deferral request. The motion
carried by a vote of 9 ayes 0 noes, 0 absent and 2 open positions. The chair
entertained a motion for approval of the item as presented by staff. The motion carried
by a vote of 9 ayes 0 noes, 0 absent and 2 open positions
STAFF UPDATE:
The applicant submitted a request dated January 13, 2011, requesting deferral of this
item to the March 10, 2011, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated January 13,
2011, requesting deferral of this item to the March 10, 2011, public hearing. Staff stated
they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: E FILE NO.: Z-8610
NAME: McDonald’s USA Short-form PD-C
LOCATION: Located at 104 South University Avenue
DEVELOPER:
McDonald’s USA, LLC
3850 North Causeway Boulevard, Suite 1200
Metairie, LA 70602
ENGINEER:
Lee Morris, PE
Adams Engineering
910 South Kimball Avenue
Southlake, TX 76092
AREA: .9279 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: General Commercial District Uses
PROPOSED ZONING: PCD
PROPOSED USE: Restaurant – Mid-town Design Overlay District
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated November 29, 2010, requesting deferral of this
item to the January 27, 2011, public hearing. The applicant has indicated the deferral
request is necessary to allow completion of the traffic study and allow staff sufficient
time to review the contents of the study. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2010)
Mr. Randy Frazier was present representing the request. There were no registered
objectors present. Staff presented the item stating the applicant had submitted a
request dated November 29, 2010, requesting a deferral of the item to the January 27,
January 27, 2011
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-8610
2
2011, public hearing. Staff stated the applicant had indicated the deferral request was
necessary to allow completion of the requested traffic study and allow staff sufficient
time to review the contents of the study. Staff stated they were supportive of the
deferral request.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes
0 noes, 0 absent and 2 open positions.
STAFF UPDATE:
The applicant submitted a request dated January 11, 2011, requesting a deferral of this
item to the March 10, 2011, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated January 11,
2011, requesting a deferral of this item to the March 10, 2011, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: F FILE NO.: Z-8614
NAME: Islamic Center Short-form PCD located at
LOCATION: 1717 Wright Avenue
DEVELOPER:
Islamic Center
c/o Muhammad Rashud
1717 Wright Avenue
Little Rock, AR 72204
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.59 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: General Retail Uses
PROPOSED ZONING: PCD
PROPOSED USE: C-3, General Commercial District – Add outdoor sales
of merchandise
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant failed to respond to comments raised at the November 24, 2010,
Subdivision Committee meeting. Staff recommends deferral of this item to the
January 27, 2011, public hearing.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2010)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had failed to respond to comments raised at the
November 24, 2010, Subdivision Committee meeting. Staff presented a
recommendation of deferral of this item to the January 27, 2011, public hearing.
January 27, 2011
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-8614
2
There was no further discussion of the item. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes
0 noes, 0 absent and 2 open positions.
STAFF UPDATE:
There has been no contact by the applicant since the previous public hearing. Staff
recommends deferral of this item to the March 10, 2011, public hearing.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating there had been no contact by the applicant since the
previous public hearing. Staff presented a recommendation of deferral of this item to
the March 10, 2011, public hearing.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: G FILE NO.: Z-3859-A
NAME: GEO Group Correctional Facility –
Conditional Use Permit
LOCATION: 615 West Markham
OWNER/APPLICANT: Eugene Pfeifer, III/The GEO Group
by Randal Frazier, Attorney
PROPOSAL: A conditional use permit is requested to allow for the
use of this existing, UU zoned property and building
as a correctional facility.
1. SITE LOCATION:
The site is located on the south side of West Markham Street, east of
Gaines Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of downtown that is characterized by
governmental and tourist-oriented uses. City and County office uses and
court facilities are located along both sides of West Markham. Not far to
the east, the uses transition to tourist and entertainment oriented uses;
including Robinson Auditorium, the Statehouse Convention Center, the
Old State House and the Doubletree, Peabody and Capitol Hotels. Staff is
concerned that placement of this facility at this location could impact the
tourist and visitor business which is vital to Little Rock. Additionally, the
City operates a program for youth which places several students in
various parts of the City Hall complex. One of the requirements for
correctional facilities is that they are not to be located within 500 feet of
any facility that operates programs for youth.
All owners of properties located within 500 feet of the site, all residents
within 300 feet who could be identified and the Downtown Neighborhood
Association were notified of this request. Additionally, two public hearings
were held by the applicant.
3. ON SITE DRIVES AND PARKING:
The site contains a paved and landscaped parking lot with 18 spaces.
The property is located in the UU zoning district which does not require
on-site parking. There is no separate or additional parking requirement for
correctional facilities.
January 27, 2011
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-3859-A
2
4. SCREENING AND BUFFERS:
If remodeling cost exceeds fifty (50) percent of the building’s replacement
value, a corresponding upgrade in landscaping will be required.
5. PUBLIC WORKS COMMENTS:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of W. Markham Street and S. Gaines Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: NO OBJECTIONS; All Central Arkansas Water requirements in
effect at the time of request for water service must be met. Contact
Central Arkansas Water if additional fire protection or metered water
service is required or regarding the size and location of the water meter.
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: Place fire hydrants per code.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
January 27, 2011
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-3859-A
3
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010)
Glenn Borkowski and Bruce Brown were present representing the application.
Staff presented the item and noted there was additional information needed
regarding the number of residents and staff. Staff asked the applicants to
provide information on the nature of persons to be housed at the facility and what
security measures would be implemented. The applicants were asked to provide
information on any outside use areas, any proposed fencing and signage.
Public Works, Utility and Landscape Comments were noted.
Staff noted the proposed facility was located within 500 feet of a facility that
operates programs for youth; those administered by the Community Programs
Department in City Hall at 500 West Markham Street. The applicants were
advised that a variance request would need to be submitted.
The applicants were advised to submit responses to staff issues by December 15,
2010. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Geo Group, Inc. is requesting approval of a conditional use permit to allow use of
the existing UU zoned building and parking lot at 615 West Markham Street as a
correctional facility. As staff understands, the Federal Bureau of Prisons contract
is for 5 years. The current contract is up for renewal and bids are being taken for
operation of such a facility. The award date is April 3, 2011 with performance to
begin October 1, 2011.
Separation, spacing, and procedural requirements for correctional facilities
shall be determined by the planning commission so as not to adversely
impact the neighborhood. Correctional facilities are subject to the following
additional requirements:
a. Before a conditional use permit for a correctional facility can be granted,
the applicant shall clearly establish the following:
1. All property owners or persons operating a business within five
hundred (500) feet of the property line of a proposed correctional
facility have received notice by certified mail of the exact location of
the property and its intended use;
January 27, 2011
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-3859-A
4
2. This required notice was sent to each person before any contract for
operation of the facility was granted, that this notice properly sets forth
the exact procedure and time frame for the person notified to register
objections with the appropriate governmental agency, and that proof
of such notice is provided as required for conditional use permits;
3. The facility is not located within five hundred (500) feet of the property
line of any school, any facility that operates programs for youth, or
another correctional facility;
4. The applicant has conducted two (2) public hearings after having first
advertised the meetings and location prominently not less than five (5)
nor more than seven (7) days prior to each meeting; that such
advertisement was prominently displayed and not a mere legal
advertisement, in a newspaper with seven (7) days a week county-
wide circulation;
5. Procedures are in place should the permit be granted that the chief of
police shall be notified within one (1) hour that a resident of the facility
has escaped or failed to return when required;
6. Adequate security measures are in place to prevent any resident of
the correctional facility from violating subsection (5) more than once in
a thirty-day period.
b. These requirements for correctional facilities are in addition to any other
provisions required for a conditional use permit under this code. These
requirements are mandatory and not directory. In the event of a conflict
with the other provisions of the code, these requirements shall control.
Substantial compliance is not sufficient. Failure to comply with these
requirements shall be a basis to deny the permit. Within one hundred
twenty (120) days of granting the permit, the permit may be rescinded
upon presentation to the planning commission of clear and convincing
evidence that the applicant failed to comply with subsections (1) through
(4) above. Failure to comply with subsections (5) and (6) two (2) times
within a ninety-day period, or the commission of a violent felony by a
resident of the correctional facility, shall be a basis for determining that
security is inadequate and such determination shall be a cause for
immediate revocation of the permit. The planning commission shall
establish procedures for presentation of such evidence and for placement
of the matter on its agenda for public hearing.
c. The terms "group care facility", "rooming or boarding", "community, wel-
fare or health care", "establishment for a religious, charitable or philan-
January 27, 2011
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-3859-A
5
thropic organization", "governmental or private recreational uses", and
"rooming, lodging or boarding facilities", shall not include a correctional
facility as a permitted use.
d. Any correctional facility in operation on the effective date of this section
shall be required to come into compliance with this section and obtain a
conditional use permit within four (4) years of the effective date of this
section.
The applicant submitted the following information on the proposed use. The
proposed GEO Group facility will offer comprehensive programming, a structural
support system for its residents, job placement assistance and monitoring of
residents 24 hours a day, 7 days a week. Among others, some of the programs
at the facility will include job skills training, individual case management including
job placement assistance, instruction in classes on personal finances and money
management, substance abuse and addiction counseling and individual, family
and group counseling.
The GEO Group operates 21 facilities of this type in 8 states and has been
providing transitional services for federal inmates since 1977.
The initial contract with the Federal Bureau of Prisons will be for a resident
population of 90 men and women. The staff will consist of 25-30 people.
Though offences vary, the majority of the residents will have committed white-
collar crimes and drug and substance abuse crimes. In response to a question
regarding whether the facility would have sex offenders, the applicant responded:
“It has been GEO's experience that the Federal Bureau of
Prisons makes no differentiation between the types of offenders
re-entry facilities are required to accept. In other words, GEO
would be required to accept the same offenders as City of Faith
and vice versa. There are a couple of caveats that may cause
the questioner to think the City of Faith is not required to accept
sex offenders. First, the BOP allows the service provider to
decline a violent inmate if they are perceived to be a threat to
the community, staff or other residents. This would be the same
for GEO and City of Faith. Secondly, a facility would not be
required to accept a sex offender if accepting a sex offender
would be in conflict with any statutes or local ordinances.”
This will not be a lock up facility. Residents will have a 10:00 p.m. curfew and
must sign in upon entering the facility and are only permitted to leave for work
and other approved matters such as with a pass for family visitation. Staff at the
facility must verify the pass upon sign out and will perform random accountability
January 27, 2011
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-3859-A
6
calls while residents are at work and away on passes. If a resident does not
return to the facility after normal sign out or after receiving a pass, he or she is
referred back to the Federal Bureau of Prisons for reincarceration.
The GEO Group implements advisory boards to its facilities and proposes to do
the same at this facility. The advisory board will meet once a month and will be
comprised of the facility’s director, neighboring property owners and businesses,
law enforcement officials, interested citizens and a City Director or such other
composition as the City desires or directs.
No fencing, signage or outside use areas are proposed. The property is located
in the Original City of Little Rock and there is no bill of assurance.
Staff is not supportive of the proposed placement of this correctional facility. The
site is located within 500 feet of a facility that operates programs for youth.
Several of the youth involved in the City’s summer youth jobs program are
employed in various City Offices in the immediate area. The applicant is aware
of that program and states:
“The programs at City Hall are conducted during the daytime during
the summer and not all year long, the buildings have significant
physical separation and are located in a highly visible and active
area in downtown.”
Additionally, the property is located at the edge of the City’s principal tourist and
visitor area. Just east of the site are Robinson Auditorium and Center, the
Statehouse Convention Center, the Doubletree, Capitol and Peabody Hotels and
the Old State House. Additional tourist activities extend eastward to the
Presidential Library and River Market. Staff is concerned that this facility with its
proposed concentration of federal prisoners will negatively impact the City’s vital
tourism and visitor industry.
STAFF RECOMMENDATION:
Staff recommends denial of this C.U.P. application.
PLANNING COMMISSION ACTION: (JANUARY 6, 2011)
The applicant was present. There were registered objectors present. As there
were only 8 Commissioners present, the applicant was offered the opportunity to
defer the item to the January 27, 2011 meeting. The applicant, Randy Frazier,
stated he would take the deferral. A motion was made to defer the item to the
January 27, 2011
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-3859-A
7
January 27, 2011 meeting. The motion was approved by a vote of 8 ayes,
0 noes, 1 absent and 2 open positions.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was present. There were two registered objectors present. Staff
informed the Commission that, on January 27, 2011, the applicant had requested
deferral of the item to the February 24, 2011 meeting. There was no further
discussion. A motion was made to waive the Commission’s bylaws as regards
the late deferral request. The motion was approved by a vote of 9 ayes, 0 noes
and 2 absent. The item was placed on the consent agenda and approved for
deferral to the February 24, 2011 meeting by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: H FILE NO.: Z-6974-B
NAME: City of Faith Correctional Facility – Conditional Use
Permit
LOCATION: 1401 S. Garfield Street
OWNER/APPLICANT: City of Faith Prison Ministries/Terry Williams
PROPOSAL: A conditional use permit is requested to allow the
continued use of this O-3 zoned property and building
as a correctional facility.
1. SITE LOCATION:
The site is located on the east side of S. Garfield Street, two blocks south
of West 12th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The facility has operated at this location since it was constructed in 1996.
By all accounts the facility has been a “good neighbor” and is compatible
with the neighborhood. The property is located in an area of mixed zoning
and uses. The facility has a community relations board which meets on a
monthly basis with neighborhood representatives to address any issues.
Staff believes extending the C.U.P. will not affect the facility’s continued
compatibility with the neighborhood.
All owners of property located within 500 feet of the site, all residents
within 300 feet who could be identified and the University Park, Point
O’Woods, Broadmoor, Oak Forest and Fair Park Neighborhood
Associations were notified of this request. Additionally, public hearings
were held on December 28, 2010 and January 4, 2011 at the Hinton
Resoruce Center. Notice of these public hearings was advertised in the
Arkansas Democrat Gazette and sent to owners of properties located
within 500 feet of the site.
3. ON SITE DRIVES AND PARKING:
The property has access from Garfield Street and via an access drive to
University Avenue. There is paved parking for 30 vehicles on site. The
existing parking is sufficient for the use.
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
2
4. SCREENING AND BUFFERS:
All plant materials are to be in good shape. Damaged or missing plants
are to be replaced.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Garfield Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: NO OBJECTIONS; All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
Contact Central Arkansas Water if additional fire protection or metered
water service is required or regarding the size and location of the water
meter.
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: Place hydrants per code.
County Planning: No Comments.
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
3
CATA: A CATA bus route is located just east of the site, along University
Avenue.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010)
Terry Williams was present representing City of Faith. Staff presented the item
and requested that Mr. Williams confirm there were no changes from prior
approvals in any aspect of the use. Mr. Williams responded that there were no
changes.
Public Works and Utility Comments were noted.
Staff noted there was a day care center located within 500 feet of the facility but
the day care had moved in after City of Faith was constructed and in operation.
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
STAFF ANALYSIS:
City of Faith Community Correctional Center is located on the O-3 zoned
property at 1401 S. Garfield Street. At the time the facility opened in 1996, such
uses were permitted "by-right" in the 0-3 district. In response to public concern,
the Board of Directors, on March 4,1997, passed Ordinance No. 17,409 defining
correctional facilities and making correctional facilities a conditional use in any
zoning district. That same ordinance also established the following separation,
spacing and procedural requirements for correctional facilities:
Separation, spacing, and procedural requirements for
correctional facilities shall be determined by the planning
commission so as not to adversely impact the neighborhood.
Correctional facilities are subject to the following additional
requirements:
a. Before a conditional use permit for a correctional facility
can be granted, the applicant shall clearly establish the
following:
1. All property owners or persons operating a
business within five hundred (500) feet of the
property line of a proposed correctional facility
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
4
have received notice by certified mail of the exact
location of the property and its intended use;
2. This required notice was sent to each person
before any contract for operation of the facility was
granted, that this notice properly sets forth the
exact procedure and time frame for the person
notified to register objections with the appropriate
governmental agency, and that proof of such
notice is provided as required for conditional use
permits;
3. The facility is not located within five hundred (500)
feet of the property line of any school, any facility
that operates programs for youth, or another
correctional facility;
4. The applicant has conducted two (2) public
hearings after having first advertised the meetings
and location prominently not less than five (5) nor
more than seven (7) days prior to each meeting;
that such advertisement was prominently
displayed and not a mere legal advertisement, in a
newspaper with seven (7) days a week county-
wide circulation;
5. Procedures are in place should the permit be
granted that the chief of police shall be notified
within one (1) hour that a resident of the facility
has escaped or failed to return when required;
6. Adequate security measures are in place to
prevent any resident of the correctional facility
from violating subsection (5) more than once in a
thirty-day period.
b. These requirements for correctional facilities are in
addition to any other provisions required for a conditional
use permit under this code. These requirements are
mandatory and not directory. In the event of a conflict
with the other provisions of the code, these requirements
shall control. Substantial compliance is not sufficient.
Failure to comply with these requirements shall be a
basis to deny the permit. Within one hundred twenty
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
5
(120) days of granting the permit, the permit may be
rescinded upon presentation to the planning commission
of clear and convincing evidence that the applicant failed
to comply with subsections (1) through (4) above. Failure
to comply with subsections (5) and (6) two (2) times
within a ninety-day period, or the commission of a violent
felony by a resident of the correctional facility, shall be a
basis for determining that security is inadequate and
such determination shall be a cause for immediate
revocation of the permit. The planning commission shall
establish procedures for presentation of such evidence
and for placement of the matter on its agenda for public
hearing.
c. The terms "group care facility", "rooming or boarding",
"community, welfare or health care", "establishment for a
religious, charitable or philanthropic organization",
"governmental or private recreational uses", and
"rooming, lodging or boarding facilities", shall not include
a correctional facility as a permitted use.
d. Any correctional facility in operation on the effective date
of this section shall be required to come into compliance
with this section and obtain a conditional use permit
within four (4) years of the effective date of this section.
In conformance with Subsection "d" above, City of Faith applied for and was
issued a conditional use permit by the Planning Commission on February 8,
2001. Objectors appealed that action to the Board of Directors and, on May 6,
2001, the Board upheld the Commission's approval. The C.U.P. was
approved to coincide with the length of the Bureau of Prisons contract which
expires on September 30, 2006.
On March 6, 2006, the Planning Commission approved a renewal of the
C.U.P. for a five-year period to coincide with the Bureau of Prisons contract
beginning October 1, 2006. It was noted at that time that a childcare
operation had located to a property within 500 feet of the City of Faith facility.
Staff recommended approval of a variance from the 500 feet separation
requirement since the childcare facility had located in the area subsequent to
the opening of the correctional facility. There was no opposition to the C.U.P.
renewal and the item was on the Consent Agenda.
The contract is up for renewal. The bid process begins January 3, 2011. The
award date will be April 3, 2011 with performance beginning October 1, 2011.
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
6
In response to a question raised at Subdivision Committee, the applicant has
stated there are no changes in the operation from the previous approvals.
The following information was provided by City of Faith describing the facility and
its operations.
The City of Faith - Little Rock Community Correctional Center is located at
1401 South Garfield Drive, Little Rock, Arkansas 72204. The center has a
designed capacity for 97 residents, 77 male residents and 20 female residents.
The center provides services to adult offenders who are 18 year of age or older.
The average length of stay is six months. The security level for all residents is
classified as minimum-community.
The center is located in a residential/business community and has easy access
to public transportation and also permits eligible residents to drive personal
vehicles under stringent guidelines.
The center is a two-story brick structure that has ten thousand (10,000) square
feet. The center was built in 1996 and has two handicap parking spaces and forty
parking spaces for staff and residents. The first floor of the center has a lobby,
control station, administrative offices, kitchen, dining area, staff restroom,
U.A./medical supply closet, director's office, laundry room, handicapped restroom,
handicapped room (capacity for two residents), and four bedrooms for female
residents that have alarmed doors at both ends of the hallway.
The second floor of the center houses male residents. There are 13 rooms on the
second floor that house between three to seven residents. There is a storage
room, laundry room and restrooms on the second floor. There is a day room on
the second floor that has ample room to sit and has access to a television. All
resident rooms have access to natural light. All common areas are personally
decorated with plants, pictures and other memorabilia that add to the
attractiveness and professionalism of the overall environment.
The center is professionally landscaped and has several patios (covered and
uncovered), barbecue area, three stationary picnic tables, several chairs and
built-in sitting areas. The center has an outdoor (half-court) basketball area, and
green-space for weight lifting.
The center has a team of professionals that are divided into the following
positions:
1 Executive Director
2 Deputy Executive Directors
1 Program Manager
1 Senior Case Manager
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
7
2 Case Managers
1 Chief of Security
6 Resident Security Staff
1 Home Confinement Coordinator
The mission and management philosophy of the City of Faith Community
Correctional Center is to provide a versatile community-based alternative to
conventional incarceration for those offenders referred to the center by
contractual agreements.
Since every offender in residential treatment ultimately returns to the community,
the center incorporates a carefully monitored, progressive reintegration into
society. The City of Faith emphasizes a risk reduction goal utilizing programs
designed to assist offenders in becoming law-abiding, self-sufficient, contributing
members of the community; thereby, changing an offenders attitude and
consequently the probability of future criminal behavior. Thereby, behavioral
changes achieved during a relatively short period of residential treatment may
become enduring characteristics that enable the offender to reintegrate safely
and productively into the community.
The City of Faith offers a series of sentencing options more intrusive than
probation, but less punitive than incarceration. Oversight, monitoring, substance
abuse testing and counseling are provided. Thereby, maximizing compliance with
treatment and court orders.
The staff of the City of Faith makes a concerted effort to confront unacceptable,
inappropriate behavior, and the failure to meet program requirements.
The Community Correctional Center in tandem with alternative to incarceration,
offers a sensible long-term solution to changing needs of the justice community.
The applicant has reiterated the commitment made to the Board of Directors that
the facility will not take felons convicted of violent crimes, sexual assault or
crimes against children.
City of Faith has completed all required notification and newspaper advertisements
as outline in the Ordinance. Public meetings were held at the Hinton Resource
Center on December 28, 2010 and January 4, 2011.
To staff’s knowledge, there are no outstanding issues. Staff believes it is
appropriate to approve the C.U.P., again tying the approval to the length of the
Bureau of Prisons contract. There is no bill of assurance issue. There is still a
daycare center located within 500 feet of the site. That daycare moved to the
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
8
site after City of Faith was constructed and in operation. To staff’s knowledge,
there have been no issues associated with the relationship to the daycare center.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit subject to the following
conditions:
1. The C.U.P. is approved for a five-year period to coincide with the Bureau of
Prisons contract beginning October 1, 2011.
2. If City of Faith’s federal contract lapses or is cancelled, the C.U.P. is voided.
Staff recommends approval of a variance from the 500 feet separation
requirement from the childcare facility since the childcare facility located in the
area subsequent to the opening of the correctional facility.
PLANNING COMMISSION ACTION: (JANUARY 6, 2011)
The applicant was present. There were several persons present in support and
one registered objector. As there were only 8 Commissioners present, the
applicant was offered the opportunity to defer the item to the January 27, 2011
meeting. The applicant, Terry Williams, stated she wished to go forward. Staff
presented the item and a recommendation of approval as outlined in the “staff
recommendation” above.
Ms. Williams stated City of Faith had operated at this location for 15 years and
they were seeking their third approval of a conditional use permit to allow the
operation to continue. She stated the facility housed 92 federal transitional
inmates. Ms. Williams briefly described the operation and stated this was the
only federal facility of its kind in Arkansas. She stated she would reserve the
balance of her time to respond to any issues raised by the opposition.
Misty Borkowski, of 500 Broadway, stated the required legal ad in the paper for
the two required applicant public hearings had not been properly completed. She
presented a copy of the legal ad and showed it had not been completed as
required by Section 36-107 (13) 4. of the Code.
Chairman Yates asked if she was objecting to the facility or to the notice.
Ms. Borkowski responded that she was objecting to the notice.
January 27, 2011
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: Z-6974-B
9
There was a discussion of the notice procedure as outlined in the Code and as
completed by the applicant.
Deputy City Attorney Cindy Dawson stated the Commission may determine it
appropriate to defer the item for re-notice.
A motion was made to defer the item to the January 27, 2011 meeting. The
motion was approved by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was present. There were no objectors present. New notices had
been placed in the newspaper and new neighborhood meetings had been held.
Staff presented the item and a recommendation of approval as outlined in the
“staff recommendation” above. There was no further discussion. The item,
including the separation variance, was placed on the consent agenda and
approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent.
January 27, 2011
ITEM NO.: 1 FILE NO.: S-1035-C
NAME: Alhambra Square Lot 1 Subdivision Site Plan Review
LOCATION: Located on the Northwest corner of Chenal Parkway and Autumn Roads
DEVELOPER:
David Pickering
11600 Chenal Parkway
Little Rock, AR 72211
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 2.4 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
PLANNING DISTRICT: 11 – I-430
CENSUS TRACT: 24.04
VARIANCES/WAIVERS REQUESTED:
1. A variance from Section 36-502 to allow parking at a lesser number than typically
required per the zoning ordinance.
2. A variance from Section 36-301(e) to allow the building setback to be located at nine
(9) feet from the property line along Chenal Parkway for the proposed covered patio.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a revision to the previously approved site plan to add
an area for outdoor dining to the site. The property currently has an L-shaped
retail building with the Purple Cow restaurant in a stand-alone building located on
the hard corner. The site plan indicates a 25-foot by 40-feet wood deck with
standing seam metal roof. Due to the configuration of the intersection and the
adjacent right of way, the proposed patio is located 40-feet from Chenal Parkway
curb and 50-feet from Autumn Road. Based on the current property lines the
structure is located 9-feet from Chenal Parkway and 25-feet from Autumn Road.
January 27, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1035-C
2
The covered patio located along Chenal Parkway is located across a 25-foot
platted building line. The applicant is proposing a one-lot replat should the
request be approved to adjust the platted building line around the proposed new
structure.
B. EXISTING CONDITIONS:
The site contains a strip retail center and a stand-alone restaurant. Within the
retail building is a paint store and a bookstore. This area of Chenal Parkway is
primarily commercial and office uses. There are single-family homes located
further to the north in the Birchwood Subdivision. There is vacant O-2, Office
and Institutional zoned property located to the northeast.
Chenal Parkway is four-lane road with a median. Autumn Road adjacent to this
development is constructed as a collector street with curb, gutter and sidewalk.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property owners.
All property owners located within 200 feet of the site and the Birchwood
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: Entergy does not object to building of a deck if the deck is elevated
above the pavement. However, Entergy will not be responsible for any damage
done to the deck in order to maintain and/or restore service. In the event of a
fault in customer’s service, the customer may experience an extended outage
due to the obstruction caused by the deck. Contact Entergy Arkansas for
additional information.
Center-Point Energy: No comment received.
AT & T: No comment received.
January 27, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1035-C
3
Central Arkansas Water: No objection to the placement of outdoor seating on
the site.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Replace any dead diseased or missing landscaping located within the street
buffer or the parking lot area.
3. The existing dumpster(s) should be screened per the City ordinances.
G. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff presented the item stating there were few outstanding technical
issues associated with the request. Staff stated the proposed patio cover
extended into the required landscape strip along Chenal Parkway. Staff stated if
approved a one lot replat would be required to adjust the platted building around
the proposed new addition.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing the issues raised
at the January 5, 2011, Subdivision Committee meeting. The revised plan has
removed the patio encroachment into the landscaped area. The applicant has
January 27, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1035-C
4
also indicated a one lot replat will be completed upon approval of the site plan
review request.
The request is to revise the previously approved site plan to add an area for
outdoor dining to the restaurant building located at the intersection of Autumn
Road and Chenal Parkway. The site plan indicates a 25-foot by 40-feet wood
deck with standing seam metal roof attached to the existing restaurant. The
patio structure is located 10-feet from Chenal Parkway and 25-feet from Autumn
Road. The construction is proposed crossing a platted building line. The
configuration of the intersection and the adjacent right of way allows the patio to
be located 40-feet from the Chenal Parkway curb and 50-feet from Autumn
Road.
The site is developed with two (2) buildings. The retail building contains
approximately 29,000 square feet and the restaurant contains approximately
4,500 square feet. The request would allow an additional 1,000 square feet of
outdoor dining area for the restaurant. The site contains 109 striped parking
spaces in front of the businesses. There is also a paved access drive in the rear
of the buildings with a minimum width of 26-feet. Based on the typical parking
required for a shopping center development for the existing development a total
of 148 parking spaces would be required. Four (4) additional spaces would be
required to serve the proposed outdoor dining area. (Parking is based on one
space per two hundred twenty-five square feet of gross floor area) Staff is
supportive of the parking as proposed. Other than the restaurant the uses in the
center do not generate a significant parking demand. In addition, the 26-foot
driveway width could allow for the placement of additional employee parking
behind the building should parking become an issue at this site.
The request includes a variance from Section 36-301(e) to allow the patio cover
to be located within the front setback along Chenal Parkway. The patio cover is
indicated at nine (9) feet I, this area. The property is zoned C-3, General
Commercial District which typically requires the placement of a 25-foot building
front setback. Staff is supportive of the request. This area of the Parkway is a
commercial node. The site is a developed site which does not allow the option of
moving the building back to allow for the area of outdoor dining. To staff’s
knowledge there are no remaining outstanding technical issues associated with
the request. Staff does not feel the addition of the outdoor dining area within the
typically required front setback will significantly impact the development or the
area.
January 27, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1035-C
5
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request from Section 36-301(e) to
allow the patio cover to encroach into the front yard building setback.
Staff recommends approval of the variance request from Section 36-502 to allow
parking at a number less than typically required per the zoning ordinance.
Staff recommends the applicant provide a one lot replat for the site adjusting the
platted building line around the proposed new construction prior to the issuance
of a building permit.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item with a
recommendation of approval of the request subject to compliance with the comments
and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff
presented a recommendation of approval of the variance request from Section
36-301(e) to allow the patio cover to encroach into the front yard building setback. Staff
also presented a recommendation of approval of the variance request from Section
36-502 to allow parking at a number less than typically required per the zoning
ordinance. Staff presented a recommendation the applicant provide a one lot replat for
the site adjusting the platted building line around the proposed new construction prior to
the issuance of a building permit.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 2 FILE NO.: S-1515-A
NAME: Cottages of Good Shepard Subdivision Site Plan Review
LOCATION: Located at 2901 Aldersgate Road
DEVELOPER:
Autumn Group, Inc.
7624 Cantrell Road
Little Rock, AR 72227
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
ARCHITECT:
Terry Burruss
614 Center Street
Little Rock, AR 72201
AREA: 19.86 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: MF-12, MF-18 and OS
PLANNING DISTRICT: 11 – I-430
CENSUS TRACT: 24.04
VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration
Ordinance to allow grading of future phases with the development of the first phase.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a zoning site plan review for a project containing
104 units of senior citizen housing. The development is proposed in two phases.
The apartments consist of 80 two-bedroom units and 24 one-bedroom units. The
units are located in 18 buildings with a common community center. Garden
areas are indicated as well as a proposed walking trail. The buildings are
January 27, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1515-A
2
proposed as single story buildings. The building materials proposed are
horizontal siding along the ends and rears of the buildings and brick fronts with
the roof constructed with fiberglass shingles.
As a separate item on this agenda the applicant is requesting a rezoning of
2-acres from OS, Open Space to PD-R to allow grading within the OS zoned
area (Item 8 Case File #Z-8647). All building construction will be located outside
the OS zoned area. After the completion of the grading evergreen plantings will
be placed to act as a screening between this property and the homes located to
the east.
The applicant is requesting a variance from the City’s Land Alteration Ordinance
to allow advanced grading of the Phase II portion of the development with the
construction of the Phase I portion.
B. EXISTING CONDITIONS:
The property is a wooded site located south of the existing Good Shepard
residential towers and east of the nursing home. The property is currently zoned
MF-12, MF-18 and OS. There is approximately 5.6 acres zoned OS, 8.94 acres
zoned MF-18 and 5.3 acres zoned MF-12. There are single-family homes
located to the east within the Kensington and Twin Lakes Subdivisions. South of
the site is property zoned POD owned by Arkansas Hospice which is
undeveloped. Southwest is property developed by Our Way as residential
housing. There is a property located to the west zoned PCD which was
approved for a mixed-use development including residential, office and retail.
Also located to the west is Camp Aldersgate.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from the
area property owners. All property owners located within 200 feet of the site, the
John Barrow Neighborhood Association, the Twin Lake A Property Owners
Association, the Twin Lake B Property Owners Association, the Twin Lakes B
Special Recreational Improvement District and the Kensington Place
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
January 27, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1515-A
3
2. 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. A land alteration
variance must be requested to clear and grade Phase II with construction of
Phase I.
3. Stormwater detention ordinance applies to this property.
4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
5. Measures to control the increase in stormwater runoff from the increased
impervious surface should be implemented to not damage adjacent
property.
6. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersections comply with 2004 AASHTO Green Book
standards.
7. No residential waste collection service will be provided on private streets
unless the property owners association provides a waiver of damage claims
for operations on private property.
8. If a gated entrance/exit is planned to be provided, a turn around must be
provided for a SU-30 vehicle attempting to enter development. A stacking
distance of 30 feet from pavement must also be provided.
9. Provide a Sketch Grading and Drainage Plan will be required per Section
29-186 (e).
10. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
11. Per the City’s Land Alteration Ordinance a perimeter buffer strip shall be
temporarily maintained around disturbed areas and shall be six percent
(6%) of the lot width and depth with a minimum width of 25 feet and a
maximum width of 40 feet.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements for this project.
Capacity contribution analysis and fee will be required for this project. Contact
Little Rock Wastewater Utility for additional information.
January 27, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1515-A
4
Entergy: Approved as submitted.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A water main extension will be
needed to provide water service to this property. Please submit plans for water
facilities 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. Approval of plans by Central Arkansas Water,
the Arkansas Department of Health Engineering Division and Little Rock Fire
Department is required. This development will have minor impact on the existing
water distribution system. Proposed water facilities will be sized to provide
adequate pressure and fire protection. Additional fire hydrant(s) will be required.
Contact the Little Rock Fire Department to obtain information regarding the
required placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s). Please note that CAW
maintains an existing water line on the north of the property as shown on the site
plan.
Fire Department: Place fire hydrants per code. Multi-family developments
having more than 100 dwelling units shall provide a secondary access road to
the development. An exception is allowed for projects having up to 200 dwelling
units and provides in all buildings, including nonresidential occupancies, an
approved automatic sprinkler system. Contact the Little Rock Fire Department
for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
January 27, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1515-A
5
2. The landscape ordinance requires a minimum of eight percent (8%) of the
paved areas be landscaped with interior islands of at least 7 ½ feet in width
and 300 square feet in area. The interior islands must be evenly distributed
throughout the site.
3. Building landscaping will be required with the proposed development.
4. An automatic irrigation system to water landscaped areas will be required.
5. 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.
6. The property to the east and south 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 these
perimeters.
7. A minimum street buffer of 50-feet is required along Aldersgate Road.
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.
G. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff presented an overview of the item stating there was a concern
with the building placement and the Open Spaced zoned property to the east.
Staff stated one of the buildings, the walking trail and detention were indicated
within the area zoned OS. Staff requested Mr. White include in the general notes
section of the site plan the maximum building height and to indicate the hours of
dumpster service.
Public Works comments were addressed. Staff questioned if the development
was proposed as a gated community. Mr. White stated no gates were proposed
with the development. Staff stated a grading permit was required prior to
construction. Staff also requested Mr. White provide a sketch grading and
drainage plan for the development. Staff stated the request included a variance
from the City’s Land Alteration Ordinance to allow grading of Phase II with the
development of the first phase.
Landscaping comments were addressed. Staff stated street buffers were
required. Staff stated an automatic irrigation system to water landscaped areas
January 27, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1515-A
6
would be required at the time of development. Staff stated interior landscape
islands were required with a minimum square footage of 300 within the proposed
parking areas.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing a number of
issues raised at the January 5, 2011, Subdivision Committee meeting. The
applicant has filed a companion application for this site to rezone a portion of the
OS zoned property to PD-R (Item 8 Case File #Z-8647). The applicant has
indicated all construction, including the waling trail and detention pond, will take
place outside the OS zoned property but grading within this area is necessary to
allow for proper slopes. The applicant has indicated the grading will take place
behind Buildings 14 through 17 allowing for a 3 to 1 slope and eliminating the
need for a retaining wall. Once grading operations are complete, the area will be
seeded and replanted with evergreen trees. Staff feels the tree placement
should be 15-feet on center and the trees should be a minimum of six (6) to eight
(8) feet in height at the time of planting. Staff also feels the reseeding and
placement of evergreen plantings should occur with the completion of the grading
activities.
The request for this item is for approval of a Zoning Site Plan Review to allow a
project containing 104 units of senior citizen housing. The development is
proposed in two phases. The apartments consist of 80 two-bedroom units and
24 one-bedroom units. The units are located in 18 buildings with a common
community center. Garden areas are indicated as well as a proposed walking
trail. The buildings are proposed as single story buildings. The building
materials proposed are horizontal siding along the ends and rears of the
buildings and brick fronts with the roof constructed with fiberglass shingles.
The site plan is indicated with 164 parking spaces to serve the development.
The zoning ordinance for a multi-family development would typically require the
placement of 156 parking spaces. The parking as indicated is more than
adequate to serve the development.
A single development sign is proposed for the site. The sign is proposed
consistent with signage allowed in multi-family zones. The sign will not exceed
six (6) feet in height and twenty-four (24) square feet in area.
January 27, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1515-A
7
The development is proposed in two phases. The Phase I portion of the
development will contain nine (9) buildings and the community building. The
buildings are not proposed as sprinkled. The applicant has indicated a
secondary access along the northern perimeter of the site as required by City
code.
The applicant is requesting a variance from the City’s Land Alteration Ordinance
to allow advanced grading of the Phase II portion of the development with the
construction of the Phase I portion. Staff is supportive of the request. Staff feels
the issuance of a grading permit should be tied to permitting of buildings within
the Phase I portion of the development.
To staff’s knowledge there are no remaining outstanding technical issues in need
of addressing related to the proposed site plan. Staff is supportive of the request
and the associated variance to the City’s Land Alteration Ordinance. The site is
presently zoned MF-12, MF-18 and OS. The development is proposed
containing 104 units and 19.86 acres which results in an overall density of
5.24 units per acre. Staff feels the development as proposed is appropriate for
the site.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request to allow advanced grading of
the Phase II portion of the site with the request for a building permit for buildings
within the Phase I portion of the development.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Joe White of White Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item with a
recommendation of approval of the request subject to compliance with the comments
and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff
presented a recommendation of approval of the variance request to allow advanced
grading of the Phase II portion of the site with the request for a building permit for
buildings within the Phase I portion of the development.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 3 FILE NO.: Z-3689-I
NAME: Lisa Academy Zoning Site Plan Review
LOCATION: Located on Lot 3R Ensco Parkhill Phase III – Corporate Hill Drive
DEVELOPER:
ESA Construction Inc.
10 Troy Court
Little Rock, AR 72211
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 2.30 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-2, Office and Institutional
PLANNING DISTRICT: 2 – Rodney Parham
CENSUS TRACT: 22.05
VARIANCES/WAIVERS REQUESTED: A variance from Section 36-502(2)(f) to allow
parking at a less number than typically required per the Ordinance.
BACKGROUND:
On June 22, 2006, the Little Rock planning Commission approved a Zoning Site Plan
review request to allow the placement of a modular building on the site located to the
east to serve as additional classroom space for Lisa Academy. At the time of approval
the anticipated school enrollment for the 2006 – 2007 school year was 375 students.
With the approval staff presented a recommendation the modular building be removed
by July 19, 2009, to coincide with the required removal of portable classrooms per
Section 36-203(g). The portable classroom building has not been removed. Section
36-203(g) was subsequently amended to allow portable classroom buildings through
July 19, 2014.
January 27, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-3689-I
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The current request is a Zoning Site Plan Review for a site located to the west of
the existing school campus. The school is proposing to expand with the
construction of a second building. The site proposed for the new construction is
zoned O-2, Office and Institutional. The school is proposing the new construction
to house 20 classrooms, a computer lab and a science lab. The building is
proposed containing 36,215 square feet. The maximum building height proposed
is 40-feet. The existing school will remain. The portable classroom building
located on the current school campus site will be removed.
The school currently has 473 students in Grades 6 – 12. The school has
indicated there will be a maximum enrollment of 600 students. There are
41-faculty members currently serving the school. With the addition of students a
maximum of 46-faculty persons are proposed. The school operates from
7:50 am to 3:00 pm daily.
An existing access easement located on the adjacent lot to the west will serve as
ingress and egress to the new building. The pick-up and drop-off will occur in the
rear of the building for the high school students. Pick-up and drop-off for the
middle school students will take place on the front of the site.
B. EXISTING CONDITIONS:
The site is a wooded site located south of Corporate Hill Drive. This area is an
office development with this site being the only remaining undeveloped site. East
of this site is the current Lisa Academy school campus. South of the site is Rock
Creek. The Corporate Hill Subdivision has developed with office users with the
buildings developed with shared access easements and shared parking lots.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from the
area property owners. All property owners located within 200 feet of the site and
the Treasure Hill Property Owners Association were notified of the public
hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
January 27, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-3689-I
3
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
3. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction.
4. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
5. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
6. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction.
7. The minimum finish floor elevation of at least one (1) foot above the base
flood elevation is required to be shown on plat and grading plans. At this
time, the southern portion of the property is shown in the floodway. The
proposed FIRM shows the 100-year floodplain to extend further to the north
on the property. The base flood elevations for the property are the same on
both FIRMs.
8. Show the effective floodway line on the survey. In accordance with Section
31-176, floodway areas must be shown as floodway easements or be
dedicated to the public. In addition, a 25-foot wide access easement is
required adjacent to the floodway boundary.
9. The existing parking lot is shown to be extended southerly into the floodway.
Encroachment into the floodway are prohibited. If the proposed
encroachment into the floodway is still desired, obtain a conditional letter of
map revision approval from Public Works and the Federal Emergency
Management Agency prior to issuance of a grading permit and/or a building
permit. Prior to issuance of the final certificate of occupancy, a letter of map
revision is required to be approved by Public Works and the Federal
Emergency Management Agency.
10. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
11. Provide traffic impact study showing pickup and drop off of all students of
Lisa Academy. Modeling should be included to show affect on the adjacent
street systems.
12. Sufficient on site vehicle stacking should be provided to eliminate stacking
on Corporate Hill Drive.
13. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
January 27, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-3689-I
4
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
14. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The lot must share a single
driveway access with the property to the east centered on the property line
or the existing western driveway accessing the lot with the east driveway
removed. The width of driveway must not exceed 36 feet.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas 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. 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: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
January 27, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-3689-I
5
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. The landscape ordinance requires a minimum of eight percent (8%) of the
paved areas be landscaped with interior islands of at least 7 ½ feet in width
and 150 square feet in area. The interior islands must be evenly distributed
throughout the site.
3. Building landscaping will be required with the proposed development.
4. An automatic irrigation system to water landscaped areas will be required.
5. 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.
6. A minimum street buffer of 21-feet is required along Corporate Hill Drive.
7. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011)
The applicants were presented representing the request. Staff presented an
overview of the development stating there were a number of outstanding
technical issues in need of addressing related to the site plan. Staff requested
the applicant provide staff with an overall site development plan including the
existing school and indicate access and circulation to the site. Staff questioned if
the number of students would be increased with the construction of the new
school. The applicant stated there were currently 487 students and the Charter
School was allowed a maximum of 600 students.
January 27, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-3689-I
6
Public Works comments were addressed. Staff stated a traffic study would be
required for the request. Staff stated the traffic study should address the level of
service on West Markham Street with the additional traffic. Staff stated there
was not a turn lane on West Markham Street at Corporate Hill Drive. Staff also
requested the applicant provide a sketch grading and drainage plan for the site.
Staff stated the request was to verify if retaining walls would be required and, if
so, to ensure the height of the walls complied with the typical ordinance
requirements with a maximum height of fifteen feet. Staff stated a portion of the
proposed parking was located within the floodway. Staff stated no construction
could take place within the floodway.
Landscaping comments were addressed. Staff stated interior parking lot
landscaping would be required at the time of development. Staff stated an
automatic irrigation system would be required to water landscaped areas. Staff
stated prior to the issuance of a building permit a landscape plan stamped with
the seal of a registered landscape architect would be required.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan addressing comments raised at the
January 5, 2011, Subdivision Committee meeting. The revised site plan has
removed all encroachments into the floodway and indicated all retaining walls will
comply with the Land Alteration Ordinance. The applicant has provided staff with
an overall site plan including the existing campus and the new building and
indicated access and circulation to the site. Stacking and circulation will be
located on both lots. A new drive will be constructed on Corporate Hill Drive on
the western most lot for entrance and exiting onto an existing drive on the
eastern most lot. The western most drive located on the eastern lot (the current
facility) will be removed as requested by Public Works staff. Traffic entering the
site from this area will be via Corporate Hill Drive. With the new construction a
drive will be constructed from an adjacent lot located to the west along the rear of
the new building connecting to the existing parking located behind the current
school. Access to this area will be via Executive Court. This will allow for
drop-off and pick-up to occur behind the building for a portion of the students. All
traffic will exit the site on Corporate Hill Drive.
The combined parking of the existing campus and the new construction is
137 parking spaces. The school currently has 41 faculty members and plans to
hire five (5) additional staff members with the proposed growth. There are
January 27, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-3689-I
7
473 students with a total of 600 students proposed. The existing campus has
20 classrooms. The new construction is proposed with an additional
20 classrooms. Parking for middle schools is based on one (1) parking space
per classroom plus one (1) space for teachers, employees and administrators.
Parking for high schools is based on six (6) spaces per classroom plus
one (1) space for teachers, employees and administrators. The existing campus
has twelve (12) middle school classrooms and eight (8) high school classrooms.
The new construction is proposed with a classroom break down adding
four (4) classrooms to the high school and 16 classrooms to the middle school.
The total parking typically required the school campus would be 146 spaces.
Although the parking located on the site is nine (9) spaces less than the typical
parking required to serve the site staff does not feel this slight variation will
negatively impact the development.
The applicant has provided staff with a traffic analysis for the site. Staff is
continuing to work with the applicant and the applicant’s design professional to
determine the impacts on traffic in the area. Staff will provide the Commission
with an update at the January 27, 2011, public hearing.
I. STAFF RECOMMENDATION:
Staff recommendation forth coming.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item stating the applicant had provided staff with
a traffic study and based on the study recommendations staff did not feel the addition of
the new school and the additional students would significantly impact the City’s street
network. Staff stated the development was proposed consistent with the development
standards of the O-2 Zoning District. Staff stated to their knowledge there were no
remaining outstanding technical issues associated with the request. Staff presented a
recommendation of approval of the request subject to compliance with the comments
and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff
presented a recommendation of approval of the variance request from Section 36-502
to allow parking at a number less than typically required per the zoning ordinance.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 4 FILE NO.: Z-2940-A
NAME: Independent Hotel Pine Street Short-form PCD
LOCATION: Located on the Southeast corner of West 8th and Pine Streets
DEVELOPER:
Wes Lacewell
Moses Tucker Real Estate
200 River Market Avenue, Suite 300
Little Rock, AR 72201
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.24 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: O-3, General Office
ALLOWED USES: Office
PROPOSED ZONING: PCD
PROPOSED USE: Hotel
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant did not appear at the January 5, 2011, Subdivision Committee meeting.
Staff recommends a deferral of this item to the March 10, 2011, public hearing.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant did not appear at the January 5, 2011,
Subdivision Committee meeting. Staff presented a recommendation of deferral of the
item to the March 10, 2011, public hearing.
January 27, 2011
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-2940-A
2
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 5 FILE NO.: Z-4411-J
NAME: Pleasant Ridge Town Center Revised PCD
LOCATION: Located on the Southeast corner of Cantrell Road and
Pleasant Ridge Drive
DEVELOPER:
Pleasant Ridge Town Center
11601 Pleasant Ridge Road
Little Rock, AR 72212
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.68 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Shopping Center
PROPOSED ZONING: Revised PCD
PROPOSED USE: Shopping Center - Modify the previously approved signage plan
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On December 20, 1994, through Ordinance No. 16,808, the City Board of Directors
approved a PCD that would allow the development of a mixed use “Neighborhood
Commercial” shopping center and an accompanying office development. The site was
a 12.83 acre-tract and of the area, 11.48 acres was proposed to be developed as the
shopping center. The proposed structure was 97,680 square feet, and 463 parking
spaces were indicated. A 1.35-acre tract was to have 10,000 square feet of office
building space with an additional 50 parking spaces. The uses proposed for the
January 27, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-4411-J
2
shopping center were all by-right C-2 and C-3 zoning district, except that there were to
be no service stations, auto glass or muffler shops, convenience stores, or car washes
within the scope of the PCD. The uses proposed for the office building were all uses by
right in the O-2 and O-3 zoning district.
On January 9, 1997, the Commission reviewed a request for a change in the right-of-
way dedication and street improvement requirement to Fairview Road. The developer
requested all right-of-way dedication and street improvements be taken from the
property located to the east of Fairview Road. The Board of Directors adopted
Ordinance No. 17,331 on December 3, 1996, which allowed a five-year deferral of street
improvements (or until development of the Pleasant Ridge Square PCD) to Fairview
Road.
The Little Rock Planning Commission granted a three-year time extension for the
proposed submission of the final development plan at their December 22, 1997, Public
Hearing. The applicant submitted a Final Development Plan for the Pleasant Ridge
Square Long-form PCD, which was approved on February 1, 2002.
The Little Rock Board of Directors adopted Ordinance No. 19,233 on November 9,
2004, establishing a revision to the Pleasant Ridge Town Center PCD. The
development was proposed as a 300,000 square foot retail center with restaurant space
developed as a “Life-style Center”. The approval allowed the creation of three lots.
Ordinance No. 19,281 adopted by the Little Rock Board of Directors on February 15,
2005, revised the previously approved PCD to allow Coulson Oil to add an additional
driveway to their site and adjust the southern property line. The site plan indicated the
drive would be added to the southwestern corner of the property to adjoin to the
proposed driveway for Pleasant Ridge Town Center. The applicant indicated with the
adjustment, the existing Coulson PCD would function more appropriately with the
approved Pleasant Ridge Town Center site plan. Coulson Oil also proposed the sale of
a portion of their lot to the Pleasant Ridge Town Center along the southern perimeter.
The sale of the property resulted in a rear yard buffer and landscape strip that was less
than the typical minimum required per the Highway 10 Design Overlay District.
The Board of Directors adopted Ordinance No. 19,633 on November 21, 2006, revising
the previously approved PCD for the shopping center to allow the creation of two (2)
additional lots for the Pleasant Ridge Town Center. The previous approval allowed for
the creation of three (3) lots which had been final platted. The developer proposed the
placement of the two (2) additional lots along Cantrell Road within the area identified as
future restaurant sites. According to the applicant the restaurant out-parcels were
needed to allow the transfer of property to prospective tenants. The approval brought
the total available lots on the site to five (5). There were no other modifications
proposed to the previous approval.
January 27, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-4411-J
3
On December 7, 2006, the Little Rock Planning Commission denied a request to allow
the western-most drive located along Cantrell Road to become a full service
intersection. The denial of the request was appealed to the Board of Directors and was
scheduled to be heard on February 20, 2006. The item was withdrawn from the Board
of Directors agenda prior to action by the Board of Directors.
Ordinance No. 19,730 adopted by the Little Rock Board of Directors on April 3, 2007,
allowed a revision to the previously approved PCD to allow additional sign locations
within the development. The approval allowed building signage located on the portion
of the flat wall located on the northeast corner and northwest corner of the center
shopping center building. No other modifications to the approved site plan were
proposed with the revision to the PCD.
On October 15, 2009, the Little Rock Planning Commission made a recommendation of
approval of a request by Chick-fil-A to place signage along their western façade. On
November 17, 2009, the Little Rock Board of Directors denied the request.
Ordinance No. 20,240 adopted by the Little Rock Board of Directors on April 6, 2010,
allowed a revision to the PCD to allow seasonal sales on the site. The approval allowed
the placement of a temporary trailer for a shaved ice business to be placed on the site
from April through September yearly.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The site is an out-parcel located along the eastern entrance drive to the Pleasant
Ridge Town Center shopping center. The request is to allow the placement of
signage along the eastern and western facades of the building, both located with
out public street frontage. The eastern façade abuts an access drive entering the
shopping center. The western façade faces the Chick-fil-A. The signs are
proposed with a maximum height of 15-inches and a maximum length of
13.5-inches for an overall sign area of 1.4 square feet. The previously approved
signage plan allowed for the placement of a ground mounted monument sign
within the front yard area not to exceed six feet in height and seventy-two square
feet in area and building signage on the front façade abutting Cantrell Road not
to exceed ten percent of the total façade area.
B. EXISTING CONDITIONS:
The site is developed with a shopping center with two out-parcels located along
Cantrell Road. The western most out-parcel is a Chick-fil-A restaurant and the
eastern most out-parcel remains vacant. Also located in the immediate area of
this development are a number of restaurants, two convenience stores, banks
and office buildings, a drycleaners, a liquor store and a City of Little Rock Fire
January 27, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-4411-J
4
station. North of the site, across Cantrell Road, is the Walton Heights
Subdivision.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from the
area property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet of the site, the
Pleasant Valley Property Owners Association and the Walton Height
Candlewood Property Owners Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comments.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: No objection to the placement of signage on the
building facades.
Fire Department: No comment regarding the placement of signage for this
development.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #25 – the Highway 10 Express
Route.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Commercial for this property. The applicant
January 27, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-4411-J
5
has applied for a rezoning for a revised Planned Commercial District, to allow for
additional signage. The request does not require a change to the Land Use
Plan.
Master Street Plan: This application has frontage along Cantrell Road, which is a
Principal Arterial. The primary function of a Principal Arterial is to serve through
traffic and to connect major traffic generators or activity centers within urbanized
areas. Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on Cantrell Road since it is a Principal Arterial. This street
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the
immediate vicinity of the development.
Landscape: No comment regarding the placement of signage for this
development. All previous comments will apply to the new building construction
with regard to parking lot and building landscaping.
G. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011)
Mr. Joe White of White-Daters and Associates was present representing the
request. Staff presented an overview of the request stating there were no
additional items needed to complete the review process. Staff stated the request
was to allow building signage inconsistent with signage allowed by the City’s sign
ordinance and the Highway 10 Design Overlay District.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
There were no outstanding issues associated with the request in need of
addressing raised at the January 5, 2011, Subdivision Committee meeting. The
applicant’s request is to allow signage without public street frontage on the
buildings eastern and western facades. The property is located within the
Highway 10 Design Overlay District which states signage shall comply with the
provisions of Article X of the zoning ordinance, except for a development sign
which is allowed as a ten foot high one hundred square feet in area and the
allowance of a ground mounted monument sign for each commercial building not
to exceed six feet in height and seventy-two square feet in area. The zoning
ordinance typically does not allow signage without public street frontage except
in complexes where a sign without street frontage is the only means of
identification for a tenant. Building signage is to not exceed ten (10) percent of
January 27, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-4411-J
6
the total façade area of the façade abutting a public street. The signage along
the eastern façade abuts the eastern entrance drive to the Pleasant Ridge
Shopping Center from Cantrell Road and the sign proposed along the western
façade abuts the Chick-fil-A restaurant.
Staff is not supportive of the request. The Highway 10 DOD is specific on the
allowance of signage. Staff feels since the DOD is very specific in the allowance
of signage along this corridor and this is not a hardship case where the additional
signage is required to identify the business staff does not feel the signage without
public street frontage should be allowed. In areas covered by DOD’s staff has
not typically supported the allowance of signage inconsistent with the overlay
district. Staff feels the approved ground sign and the sign on the front façade of
the building are sufficient to identify the business.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item stating the
applicant had submitted a request dated January 19, 2011, requesting a deferral of this
item to the March 10, 2011, public hearing. Staff stated they were supportive of the
deferral request.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 6 FILE NO.: Z-5873-A
NAME: Peacock Apartments Short-form PD-R
LOCATION: Located at 103 South Park Street
DEVELOPER:
Peacock Apartments, LLC
117 Boone Street #3
Little Rock, AR 72205
SURVEYOR:
Donald W Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-3, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Parking and dumpster placement to serve an adjacent apartment
development
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated January 3, 2011, requesting a deferral of this
item to the April 21, 2011, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated January 3, 2011,
requesting a deferral of this item to the April 21, 2011, public hearing. Staff stated they
were supportive of the deferral request.
January 27, 2011
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-5873-A
2
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 7 FILE NO.: Z-8579-A
NAME: Deloney Daycare Short-form PCD
LOCATION: Located at 8033 Mabelvale Cut-off Road
DEVELOPER:
Ronnie Deloney
Deloney’s Adult Daycare, Inc.
8003 Mabelvale Pike
Mabelvale, AR 72103
SURVEYOR:
Donald W Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.58 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family – Non-conforming adult daycare center
PROPOSED ZONING: PD-C
PROPOSED USE: Adult and child daycare center
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
A Conditional Use Permit was approved for the property located immediately north of
this site on August 26, 2010. The CUP allowed the conversion of the single-family into
a child daycare center with a maximum of 20 clients. The parking for the daycare
center was to be located on this lot. Minimal upgrades to the site were proposed with
the approved CUP.
The site currently being considered for rezoning has a non-conforming status as an
adult daycare center which has operated from this site for a number of years.
January 27, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-8579-A
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning of this site from R-2, Single-family to PD-C
to allow the continued use of the site as an adult daycare center as well as
adding child daycare service to the site I lieu of placing the child care in the
building to the north. The applicant has indicated there are 25 clients of the adult
daycare center and 60 children will be added to the site. The uses will occupy
the existing building. A separation wall will be constructed within the building and
separate entrances will be placed on the front façade of the building.
The applicant has indicated the initial site improvements will include the
placement of a playground area along the southern portion of the building. A six
(6) foot screening fence will be installed around the playground area. The
applicant has indicated site paving will be added within the next five years. The
paving will include the existing gravel drive from Mabelvale Cut-off and the
existing gravel parking areas.
B. EXISTING CONDITIONS:
The property is located in an area of mixed uses and zoning. The PCD zoned
property adjacent to the west is occupied by an automobile repair business.
Service Master Cleaning Company is adjacent to the east. A nonconforming
contractor’s yard is located across the street to the north. A single-family house
(also owned by the applicant and recently approved for a CUP for a child daycare
center with up to 20 children) is located to the north. Most all other properties in
the area are occupied by a variety of residential uses. The property is located on
an arterial street. The City recently widened Mabelvale Pike to Master Street
Plan standards. The City’s Land Use Plan recommends Mixed Use for the area,
supporting nonresidential uses.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from the
area property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet of the site, Southwest
Little Rock United for Progress, the Legion Hut Neighborhood Association and
the West Baseline Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Measures to control the increase in stormwater runoff from the increased
impervious surface should be implemented to not damage adjacent property.
January 27, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-8579-A
3
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas 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.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #17 – Mabelvale-Downtown and
#17A – Mabelvale-UALR Routes.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Mixed Use for this property. The applicant
has applied for a rezoning from R-2 Single-Family to Planned Commercial
District, to allow for a children’s daycare center to be added to an existing elder
daycare center. The request does not require a change to the Land Use Plan.
Master Street Plan: The application is located along Mabelvale Cut-off Road, a
Minor Arterial. The primary function of a Minor Arterial is to provide 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. The street may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site
January 27, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-8579-A
4
Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the
immediate vicinity of the development.
Landscape: There are no exterior changes proposed for the building or parking
areas with the current request. Any future paving will require compliance with the
City’s Landscape and Buffer ordinance requirements.
G. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011)
Mr. Deloney was present representing the request. Staff presented an overview
of the request stating there were few outstanding technical issues associated
with the request. Staff questioned if there was an existing dumpster or if one was
proposed for the site. Staff also questioned the days and hours of operation, the
maximum number of clients and if transportation would be provided. Staff also
stated a screening fence would be required along the southern and eastern
perimeters of the proposed playground area. Staff questioned if any upgrades in
landscaping or paving were proposed for the site.
Public Works comments were addressed. Staff stated measures to control the
increase in stormwater runoff from the increased impervious surface should be
implemented to not damage adjacent property. Staff also stated any broken
curb, gutter or sidewalk located within the public right of way should be repaired
prior to occupancy.
Staff noted no new landscaping would be required with the current request since
there was no new paving proposed.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised cover letter and site plan to staff addressing
the issues raised at the January 5, 2011, Subdivision Committee meeting. The
revised plan indicates the placement of a dumpster along the southern perimeter.
The revised cover letter indicates the number of clients, the days and hours of
operation and the number of employees. The revised site plan indicates there is
existing landscaping located in front of the building and there are areas of open
space located on the site.
The request is a rezoning of the site from R-2, Single-family to PD-C to allow the
continued use of the site as an adult daycare center as well as adding child
January 27, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-8579-A
5
daycare service to the site. The site contains an existing metal building being
used as an adult daycare center. There are 25 adult clients at the center. The
applicant is requesting to add a maximum of 60 child clients to the site. The
existing building will be modified with the construction of a separation wall and a
separate entrance will be placed on the front façade of the building to
accommodate the two uses. The only exterior modification proposed to the site
is the addition of a playground area. The playground will be located to the south
of the building. A six (6) foot screening fence will be installed around the
playground area. Paving of the existing gravel drive extending from Mabelvale
Cut-off into the site will be added within the next five (5) years.
The site contains 10 parking spaces. Parking for a daycare facility is based on
one parking space per employee, administrator or teacher plus one space per
10 persons of licensed capacity.
The Bill of Assurance for the two lot Perry Acres Subdivision may still be active
and includes the following statement: “No lot shall be used except for residential
purposes.” However, Lot 2, which is located to the west, was previously rezoned
to PCD for an automobile repair business.
Otherwise to staff’s knowledge there are no remaining outstanding technical
issues associated with the request. Staff feels the rezoning of the site from R-2,
Single-family to PCD to recognize the existing adult daycare and add child
daycare service to the site will not significantly impact the area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
January 27, 2011
ITEM NO.: 8 FILE NO.: Z-8647
NAME: Good Shepard Short-form PD-R
LOCATION: Located at 2901 Aldersgate Road
DEVELOPER:
Autumn Group, Inc.
7624 Cantrell Road
Little Rock, AR 72227
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
ARCHITECT:
Terry Burruss
614 Center Street
Little Rock, AR 72201
AREA: 2.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: OS, Open Space
ALLOWED USES: Open Space
PROPOSED ZONING: PD-R
PROPOSED USE: Allow grading within the previously zoned OS area
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance Number 14,624 adopted by the Little Rock Board of Directors on March 20,
1984, rezoned some 100+ acres from R-2, Single-family to OS, Open Space, MF-12
and MF-18. The area proposed for grading with the current request was identified as
Tract 4 and contained 5.617 acres. The OS zoned strip extended along the eastern
boundary of the Good Shepard property and was indicated with a maximum width of
January 27, 2011
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8647
2
150-feet. Ordinance Number 15,226 adopted by the Little Rock Board of Directors on
December 16, 1986, appears to be a duplicate ordinance rezoning the properties once
again to OS, Open Space, MF-12 and MF-18.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now requesting to rezone a 50-foot by 800-foot OS zoned strip
to PD-R. The request is a companion application to a separate item on this
agenda (S-1515-A, Good Shepard Subdivision Site Plan Review). The
requested rezoning is to allow grading within the OS, Open Space zoned area.
The Site Plan Review application request has located the proposed buildings,
parking, stormwater detention and walking trails outside the OS, Open Space
zoned area located along the southern and eastern portions of the development.
The current request is to allow clearing and grading within the open space area.
The applicant’s justification for the grading within this area is to allow a
3 to 1 slope behind Buildings 14 through 17 and eliminate the need for retaining
walls. The cover letter indicates once grading is complete the area will be
seeded and replanted with evergreen trees.
The applicant’s cover letter states grading in this area will enhance the open
space buffer. He states during the winter months, the proposed units and the
existing Kensington homes will have visibility through the existing open space
buffer. He states with the proposed evergreen screen, homes will be screened
during all times of the year.
The property is not located within a recorded subdivision therefore, there is not a
bill of assurance for this property.
All Utility, Fire Department, Technical Design and Public Works comments are
addressed with the Site Plan Review request Item #2, Case File # S-1515-A.
B. EXISTING CONDITIONS:
The property is wooded located south and east of the existing Good Shepard
residential towers. The property is currently zoned OS, Open Space containing
just over 5 acres. There are single-family homes located to the east within the
Kensington and Twin Lakes Subdivisions. South of the OS zoned property is
property zoned POD owned by Arkansas Hospice which is undeveloped.
Southwest is property developed by Our Way as residential housing. To the
west of the OS zoned property is MF-12 and MF-18 zoned property currently
being considered for development as senior apartment housing as a companion
application to this request.
January 27, 2011
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8647
3
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property owners.
All property owners located within 200 feet of the site, the John Barrow
Neighborhood Association, the Twin Lake A Property Owners Association, the
Twin Lake B Property Owners Association, the Twin Lakes B Special
Recreational Improvement District and the Kensington Place Neighborhood
Association were notified of the public hearing.
D. SUBDIVISION COMMITTEE COMMENT: (January 5, 2011)
This item was not specifically discussed at the Subdivision Committee meeting
held January 5, 2011. The item is a result of the Subdivision Committee meeting
and issues raised concerning the placement of improvements within the OS,
Open Space zoned area. For Subdivision Committee comments please see the
companion request Item #2 Case File # S-1515-A.
E. ANALYSIS:
The applicant submitted a revised cover letter and a rezoning request to resolve
issues raised at the January 5, 2011, Subdivision Committee meeting. Based on
the need to grade the site and provide 3 to 1 slopes in lieu of retaining walls the
applicant has filed a companion application for the adjacent site. This request is
to rezone a portion of the OS zoned property to PD-R. The area proposed for
grading and rezoning is a 50-foot by 800-foot strip containing less than 2 acres.
The grading will occur with the development of an adjacent multi-family
development. The grading activities will not occur until a building permit is issued
for buildings within the Phase I portion of the adjacent development.
The applicant has indicated the grading will take place behind Buildings
14 through 17. Once grading operations are complete, the area will be seeded
and replanted with evergreen trees. The applicant’s cover letter states grading
in this area will enhance the open space buffer. He states during the winter
months, the proposed units and the existing Kensington homes will have visibility
through the existing open space buffer. He states with the proposed evergreen
screen, homes will be screened during all times of the year.
Staff is supportive of the requested rezoning. Staff feels there should be
conditions placed on the approval. Staff feels the tree placement should be
15-feet on center and the trees should have a minimum caliper of two (2) inches
and be a minimum of six (6) to eight (8) feet in height at the time of planting.
Staff also feels the reseeding and placement of evergreen plantings should occur
with the completion of the grading activities. To staff’s knowledge there are no
remaining outstanding technical issues associated with the request.
January 27, 2011
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8647
4
F. STAFF RECOMMENDATION:
Staff recommends approval of the request to rezone the area from OS, Open
Space to PD-R to allow grading within the area. Staff recommends upon
completion of the grading the area be reseeded and evergreen trees be planted
with a minimum caliper of two (2) inches, and a minimum height of six (6) feet
place 15-feet on center.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item with a
recommendation of approval of the request to rezone the area from OS, Open Space to
PD-R to allow grading within the area. Staff presented a recommendation that upon
completion of the grading the area was to be reseeded and evergreen trees to be
planted with a minimum caliper of two (2) inches, and a minimum height of six (6) feet
place 15-feet on center.
There was no further discussion of the item. The Chair entertained a motion of approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
ITEM NO.: 9 FILE NO.: LA-0035
NAME: Tract 75 Chenal Valley Champagnolle Office Village Advanced Grading
Variance Request
LOCATION: NW Corner of Rahling Road and Champagnolle Drive, Chenal Valley
Tract 75
APPLICANT: Deltic Timber Corporation
APPLICANT’S REPRESENTATIVE: White-Daters & Associates
AREA: Approximately 3.5 Acres
CURRENT ZONING: Planned Office Development (POD)
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to advance grade without construction being imminent.
A. PROPOSAL/REQUEST:
The applicant is requesting a variance from the Land Alteration Regulations to
advance fill 3.5 acres of Chenal Valley Tract 75 without construction being
imminent. The site is located on the northwest corner of Rahling Road and
Champagnolle Drive. The fill material will be hauled to this site from Chenal
Valley Tract 132 which is located on Chenonceau Boulevard. Tract 132 was
recently approved for an apartment development. The 3.5 acres is part of a 8
acre tract, zoned POD. The applicant desires to excavate approximately 23,000
cubic yards of dirt from Tract 132 which has excess material and use the excess
material as fill for this site. The fill will be placed in the floodplain area located on
this property.
B. EXISTING CONDITIONS:
The 3.5 acre wooded site is part of an undeveloped 8 acre tract, Chenal Valley,
Tract 75, zoned POD. The site was approved July 1, 2010 for a phased office
development. The approved site plan indicates 14 office buildings with
supporting parking areas. The property is adjacent to Rock Creek on the north,
Rahling Road on the east and Champagnolle Drive on the south. South of
Champagnolle Drive is an undeveloped wooded tract zoned C-1 and C-2. To the
west of Tract 75, is the Witry Court residential subdivision. Approximately 200
feet of undisturbed area will be provided between the proposed fill area and the
residential subdivision. Of this 200 feet, approximately 150 feet is zoned OS,
Open Space.
January 27, 2011
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: LA-0035
2
C. NEIGHBORHOOD COMMENTS:
As of the time of writing, staff has not received any inquiries into the variance
application. All adjacent property owners including those across streets or alleys
from the subject property were given notice.
D. ENGINEERING COMMENTS:
1. Provide location of vehicle tracking pad constructed per Little Rock Code
Section 20-190(12).
2. 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 excavation.
3. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
4. Per Section 29-189(d), groups of trees and individual trees that are not to be
removed or are located within required undisturbed buffer areas shall be
protected during construction by protective fencing and shall not be used for
material storage or for any more purpose.
5. Vegetation must be established on disturbed area within 21 days on
completion of harvest activities.
6. Erosion controls must be installed to reduce discharge of polluted stormwater.
7. A perimeter buffer strip shall be temporarily maintained around disturbed
areas and shall be six percent (6%) of the lot width and depth with a minimum
width of 25 feet and a maximum width of 40 feet.
8. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
E. SUBDIVISION COMMITTEE:
Joe White of White-Daters & Associates was present representing the applicant.
Staff presented an overview of the variance application stating the applicant’s
desire to advance grade and fill the site. Staff stated the dirt would be hauled
from the Chenonceau Boulevard site which the Commission recently approved
for multi-family development to this site. Mr. White stated the site located across
Rahling Road would also receive dirt from the multi-family site.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
January 27, 2011
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: LA-0035
3
F. ANALYSIS:
The site plan has been revised to show a 25 foot temporary undisturbed buffer to
be provided along Champagnolle Drive on the southern property line with a
construction entrance. A 40 foot undisturbed buffer is to be provided along
Rahling Road on the eastern property line. The applicant is requesting to fill the
eastern 3.5 acres of Tract 75. The area of fill is located in the floodplain. The
approved POD site plan includes 8 acres and indicates 14 office buildings and
associated parking. The approved POD indicates an undisturbed buffer of
200 feet from the residential lots located west of the site. This buffer includes a
100 foot strip of open space and a 50 foot undisturbed buffer. Approximately
23,000 cubic yards of material is planned to fill the floodplain on the site with the
maximum fill being approximately 6 vertical feet.
At the completion of the excavation, the disturbed area will be vegetated.
Drainage will sheet flow from the filled area toward Rock Creek located to the
north of the site.
At the time of writing, a project is not proposed to begin construction on Tract 75
following the completion of the advanced grading activities. Section 29-186(b) of
the Land Alteration Regulations state no land alteration shall be permitted until all
necessary City approvals of all plans and permits, except building permit, have
been issued and construction is imminent. Per the Land Alteration Regulations,
imminent construction is defined as the installation of a foundation or erection of
a structure without unreasonable delay following land alteration activities.
Section 29-168 of the Land Alteration Regulations states the purposes of the
Land Alteration Regulations are to:
1. Prohibit the indiscriminate clearing of property;
2. Prevent excessive grading, clearing, filling, cutting or similar activities;
3. Prevent the pollution of streams, ponds and other watercourses by sediment;
4. Preserve natural vegetation which enhances the quality of life of the
community;
5. Preserve the contours or the natural landscape and land forms.
G. RECOMMENDATION:
Staff recommends denial of this variance application due to the fact the Land
Alteration Regulations were developed to prohibit this very activity in the City of
Little Rock. The Land Alteration Regulations clearly state in Section 29-168 as
provided above that the purpose of the regulations are to prohibit indiscriminate
clearing of property; to preserve natural vegetation; and preserve the contours or
natural landscape and land forms. At this time, Deltic Timber does not have a
buyer for the property and no one knows how long the property will sit before it is
sold and developed.
January 27, 2011
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: LA-0035
4
If the variance application is approved, staff would recommend the approval be
subject to the comments found in paragraph D. Staff also believes the advanced
grading should comply with the following:
1. A 25 foot undisturbed buffer maintained along Champagnolle Drive with the
one construction entrance a maximum width of 26 feet. The construction
entrance should be designed to obstruct the view of the filled area from
Champagnolle Drive.
2. Section 29-170(j), damage to private and public property due to hauling
operations or operation of construction related equipment from a nearby
construction site shall be repaired by the responsible party at the completion
of the filling activities.
3. A grading permit will not be issued for the advanced grading on Tract 75 until
a grading permit is issued for the grading and excavation to begin on Tract
132 located on Chenonceau Boulevard.
4. Excavated material from Tract 132 can only be used on Tract 75 as
requested by this application and the St. Vincent Hospital West Campus site
located to the east.
5. Measures to control the increase in stormwater runoff from the excavated
area should be implemented to not damage adjacent property.
6. Erosion controls must be installed to reduce discharge of polluted stormwater
into Rock Creek.
7. At the completion of advanced grading and filling, all disturbed areas should
be mulched and revegetated within 21 days.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
Mr. Tim Daters of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff presented the item stating the
applicant had submitted a request dated January 26, 2011, requesting deferral of this
item to the March 10, 2011, public hearing. Staff stated the deferral request was not
made as typically required by the Commission’s By-laws. Staff stated the deferral
request would require a waiver of the Commissions By-laws with regard to the late
deferral request. Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion of approval
of By-law waiver with regard to the late deferral request. The motion carried by a vote
of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion of approval of the item
as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
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January 27, 2011
There being no further business before the Commission, the meeting was adjourned
at 4 :14 p.m.
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