pc_08 25 2011sub
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
AUGUST 25, 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
William Changose
Janet Dillon
J. T. Ferstl
Keith Fountain
Troy Laha
Obray Nunnley, Jr.
Bill Rector
Amy Pierce
Members Absent: Rebecca Finney
Dan Harpool
City Attorney: Cindy Dawson
III. Approval of the Minutes of the July 14, 2011 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
AUGUST 25, 2011
OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8646 13th Street Short-form PD-R, located North of West 13th
Street between South Park and Dennison Streets.
B. Z-8659 Pop’s Pool Hall Short-form PCD, located at 4308 Asher
Avenue.
C. Z-8660 McDaniel Short-form PD-R, located at 11100 Legion Hut
Road.
D. Z-5805-B 11820 Chicot Road Short-form PCD, located at
11820 Chicot Road.
E. Z-8675 Mabelvale Cut-off and Whispering Pine Drive Short-form
PCD, located on the Northwest corner of Mabelvale Cut-off
Road and Whispering Pine Drive.
NEW BUSINESS:
I. PRELIMINARY PLAT:
Item Number:
File Number:
Title:
1. S-1426-C Glenn Ridge Crossing Revised Preliminary Plat; located
along Colonel Glenn Plaza Loop, west of I-430, South of
Colonel Glenn.
II. PLANNED DEVELOPMENTS:
Item Number:
File Number:
Title:
2. Z-4565-C Lot 2, Kanis/Shackleford Subdivision Short-form PD-C, II;
located at Lot 2, Kanis/Shackleford Subdivision, on the
south side of the 10700 Block of Kanis Road.
Agenda, Page Two
II. PLANNED DEVELOPMENTS: (CONTINUED)
Item Number:
File Number:
Title:
3. Z-6957-O Lots 17 and 18, Colonel Glenn Centre Short-form POD;
located on proposed Lots 17 and 18, Colonel Glenn Centre,
#9 and #15 Remington Drive.
4. Z-8684 Hurd Short-form POD; located at 201 and 203 N. Van
Buren.
5. Z-8685 Watts Short-form POD; located at 11517 Kanis Road.
6. Z-8686 Elmwood Condominiums Short-form PD-R; located at
600 N. Elm Street.
III. OTHER BUSINESS:
Item Number:
File Number:
Title:
7. LA-0039 Lots 1-3, Chenal/Kanis Subdivision Advance Grading Land
Alteration Variance; located on Lots 1-3, Chenal/Kanis
Subdivision, on the north side of Chenal Parkway at west
Kanis Road.
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August 25, 2011
ITEM NO.: A FILE NO.: Z-8646
NAME: 13th Street Short-form PD-R
LOCATION: Located North of West 13th Street between South Park and
Dennison Streets
DEVELOPER:
Vann & Associates
P.O. Box 164681
Little Rock, AR 72206
ENGINEER:
Crafton, Tull and Associates
10825 Financial Centre Parkway, Suite 300
Little Rock, AR 72211
AREA: 0.344 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF
CURRENT ZONING: R-4, Two-family
ALLOWED USES: Single-family and Two-family Residential
PROPOSED ZONING: PD-R
PROPOSED USE: Single-family – Create 5 lots
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The application request is a rezoning from R-4, two-family to PD-R to allow the
redevelopment of this site with single-family homes. The development consists
of five, two story residential structures each totaling approximately 1,800 square
feet. The site is located within the Central High Design Overlay District.
Off-street parking will be provided for the residents. Some portions of the
existing sidewalks and curb and gutter will be reconstructed as a result of
construction of the new driveways. On-street parking on West 13th, South Park
and Dennison Streets will remain. A six foot wood privacy fence will be installed
along the north property line that separates this development from adjacent
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
2
properties on South Park and Dennison Streets. Front yard setbacks will be
7.5-feet on 13th Street. Side yard setbacks will be five feet on the interior and ten
feet on South Park and Dennison Streets. A 7.5-foot rear yard setback is
proposed.
Existing trees not in direct conflict with the proposed development will be
protected during construction. Additional landscaping will be installed to comply
with City ordinance and the DOD requirements.
B. EXISTING CONDITIONS:
The property is a narrow strip, which is currently vacant, fronting on West 13th
Street. East of the site fronting Park Street are single-family homes, the Central
High Visitor Center and three residential buildings currently under construction by
the Little Rock Housing Authority. Across West 13th Street to the south are
single-family homes, a parking lot serving Central High School and further south
is the Central High School Campus. West of the site on Dennison Street is a
multi-family building and a bar located just south of West 12th Street.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from
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 Central
High Neighborhood Association and the Capitol Hill Neighborhood Association
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20-foot radial dedication of right-of-way is required at the intersection of
South Park Street and West 13th Street.
2. A 20-foot radial dedication of right-of-way is required at the intersection of
South Dennison Street and West 13th Street.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
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. Remove old curb cuts adjacent to these properties.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
3
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements for Lots 1, 2, 4 and
5. Contact the Little Rock Wastewater Utility for additional information.
Entergy: Property owners are responsible for cost of relocating power lines.
Contact Entergy for additional information.
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 whether additional public
and/or private fire hydrant(s) are required. If additional fire hydrant(s) are
required, they will be installed at the Developer’s expense. Submit plans for
water facilities and/or fire projection system to Central Arkansas Water for
review. Plan revisions may be required after additional review. Approval of
plans by Central Arkansas Water, the Arkansas Department of Health
Engineering Division and the Little Rock Fire Department is required. 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: Approved as submitted. 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
the redevelopment of the 13th Street block face with five (5) two-story residential
structures each totaling approximately 1,800 square feet.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
4
Master Street Plan: Park Street, Dennison Street and West 13th Street are all
Local Streets. 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. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape: No comment on this single-family development.
G. SUBDIVISION COMMITTEE COMMENT: (March 31, 2011)
Mr. Brad Peterson and Mr. Charles Vann were present representing the request.
Staff presented an overview of the request stating there were additional items
necessary to complete the review process. Staff stated the property was located
within the Central High Design Overlay District. Staff stated the site plan as
presented did not comply with the typical standards of the DOD. Staff requested
additional information concerning the design, location of the mechanical and if
there were any trees located on the site.
Public Works comments were addressed. Staff stated radial dedications were
required at the intersections of 13th and Dennison and 13th and Park Streets.
Staff also stated if the disturbed area exceeded one acre an NPDES stromwater
permit from the State was required. Staff stated all old curb cuts adjacent to the
property were to be removed with the new development.
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 the
issues raised at the March 31, 2011, Subdivision Committee meeting. The
revised plan indicates the air conditioning units will be located at the rear of the
homes and the site plan notes there are not any significant trees located on the
site. The applicant has provided staff with a building elevation for the proposed
structures.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
5
The request is to rezone these two (2) residential lots from R-4, Two-family
District to PD-R to allow the redevelopment of the site with five (5) single-family
homes. The development will consist of five (5), two-story residential structures
each totaling approximately 1,800 square feet. The site plan indicates the
placement of covered parking as well. Off-street parking will be provided for the
residents. Some portions of the existing sidewalks and curb and gutter will be
reconstructed as a result of construction of the new driveways. On-street parking
on West 13th, South Park and Dennison Streets will remain.
The site plan indicates the placement of a six (6) foot wood privacy fence along
the north property line that separates this development from adjacent properties
on South Park and Dennison Streets.
The site plan indicates the placement of a front yard setbacks of 7.5-feet on 13th
Street. A side yard setback of ten (10) feet is proposed on South Park and
Dennison Streets. The rear yard setback is indicated at 7.5-feet. The plan
indicates the placement of five (5) foot side yard setbacks for Lot 1. The
remaining lots are indicated with a shared covered parking area located along
the common property line.
The applicant has indicated there are no existing trees on the site. A note on the
plan indicates additional landscaping will be installed to comply with City
ordinance and the DOD requirements.
The site is located within the Central High Design Overlay District. The DOD for
single-family development states in order to be compatible with the historic
nature of the neighborhood, new construction and additions to existing structures
shall comply with specific criteria. Plans for new construction, additions and
modifications which are subject to the DOD shall be submitted to the Department
of Planning and Development. The Planning Department will review the plans for
consistency with the detailed requirements of the DOD ordinance and
consistency with the historic nature of the district. In the case of an undeveloped
block face, the requirements shall relate to the adjacent block faces.
The DOD states a roof pitch of less than 8:12 is prohibited. Decorative roof
features such as metal cresting, tile ridge caps, or other ornamentation are to be
reinstalled when roofing or doing roof repairs. If tile roofs exist they are to be
preserved. The materials of the exterior shell must be wood, brick, other
masonry, or a material that resembles wood (i.e., vinyl siding, etc.). The
orientation of the buildings is to be consistent with that of other structures on the
developed block face. The primary entrance is to be consistent with that of other
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
6
structures on the developed block face. The front yard setback for all R-2 and
R-3 Single-family and R-4 Two-family district zoned property is to be fifteen (15)
feet. All other setbacks are to comply with the property's zoning district.
Residential structures must have a front porch that is a passageway from the
street to the front door of the unit(s) on new residential construction and
additions/modifications to the front facade of existing residential structures.
Mechanical service equipment (including, but not limited to, air conditioner
condensing units, transformers, solar collectors, satellite dishes, etc.) must be
located in the rear yards or on a rear-facing roof.
No off-street parking pads are allowed between the front of the principal structure
and a public street. Surface parking is to be located behind or adjacent to a
structure. Driveways are permitted to be installed in the front yard setback, but
not between the principal structure and a public street. Parking pads are defined
as permanent surfaces of concrete, asphalt, modular pavers, masonry, gravel or
other permanent surfaces to be used for the purpose of parking or storage of
vehicles. Detached garage and carport locations are to be located to the rear or
the principal structure and must not be located in the front setback. Attached
garages must have garage door openings that face side streets, interior lot lines,
or alleys. Accessory building coverage within the twenty-five (25) foot rear yard
setback must be no more than forty (40) percent of the area. Accessory building
setbacks are to comply with Sections 36-254 and 36-256 of the Little Rock Code
of Ordinances.
The applicant has indicated construction materials will comply with those
identified in the DOD. The roofs will also exceed an 8:12 pitch. The orientation of
the buildings does comply with the homes located on the developed block face
along West 13th Street and the primary entrances is consistent with that of other
structures on the developed block face. The homes are proposed with a front
porch on each of the units. All mechanical service equipment will be located as
outlined in the DOD.
The development as proposed does not comply with the front yard setback per
the DOD of 15-feet. The rear yard setback is also inconsistent with the typical
setback prescribed by the DOD.
The site plan indicates parking located adjacent to the structure. A detached
covered parking area is indicated on the site plan. The covered structures are
located beyond the front setback per the DOD.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
7
Although the site does not fully comply with the Central High DOD staff is
supportive of the request. The primary variation from the DOD is related to the
front and rear yard setbacks. Based on the existing lot configuration and the
development as proposed the lots do not allow for setbacks as outlined in the
DOD. Staff supports this variation because of the development pattern in the
area. Staff feels based on the institutional use located just south of this site there
is a direct impact on redevelopment of this site. There are two (2) single-family
homes located across West 13th Street and a large surface parking lot for Central
High School. In addition to the southeast is the Central High School Visitors
center. The site is directly impacted by street parking of students and faculty of
Central High School.
To staff’s knowledge there are no remaining outstanding technical issues
associated with the request. Staff feels the addition of five (5) single-family
homes as proposed should provide a positive impact on 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: (APRIL 21, 2011)
The applicant was present. There was one registered objector present. Staff presented
the item stating the applicant was requesting a deferral of the item to the June 2, 2011,
public hearing. Staff stated the deferral request would require a waiver of the
Commission’s By-laws with regard to the late 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 10 ayes, 0 noes and 1 absent. The Chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 10 ayes,
0 noes and 1 absent.
STAFF UPDATE:
The applicant submitted a revised site plan to staff reducing the number of units from
five (5) to four (4). The site plan indicates the placement of a front yard setbacks of
7.5-feet on 13th Street. A side yard setback of ten (10) feet is proposed on South Park
and Dennison Streets. The rear yard setback is indicated at 7.5-feet. The plan
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
8
indicates the placement of five (5) foot side yard setbacks. Drives will be extended from
West 13th Street to the structures to allow for off-street parking.
Within the Central High DOD no off-street parking pads are allowed between the front of
the principal structure and a public street. Surface parking is to be located behind or
adjacent to a structure. Driveways are permitted to be installed in the front yard
setback, but not between the principal structure and a public street. Parking pads are
defined as permanent surfaces of concrete, asphalt, modular pavers, masonry, gravel
or other permanent surfaces to be used for the purpose of parking or storage of
vehicles. The applicant has indicated the parking pads will comply with the typical DOD
standard.
There has not been a change in the design of the structures from the original
submission. The DOD states a roof pitch of less than 8:12 is prohibited. Decorative
roof features such as metal cresting, tile ridge caps, or other ornamentation are to be
reinstalled when roofing or doing roof repairs. The materials of the exterior shell must be
wood, brick, other masonry, or a material that resembles wood (i.e., vinyl siding, etc.).
The orientation of the buildings is to be consistent with that of other structures on the
developed block face. The primary entrance is to be consistent with that of other
structures on the developed block face. The front yard setback for all R-2 and R-3
Single-family and R-4 Two-family district zoned property is to be fifteen (15) feet. All
other setbacks are to comply with the property's zoning district. The structures are
proposed with a front setback of 7.5 feet which is not consistent wit the typical DOD
standard. The rear yard setback is also inconsistent with the typical setback prescribed
by the DOD (7.5-feet).
Residential structures must have a front porch that is a passageway from the street to
the front door of the unit(s) on new residential construction and additions/modifications
to the front facade of existing residential structures. Mechanical service equipment
must be located in the rear yards or on a rear-facing roof. The development will comply
with the DOD requirements.
Staff continues to support the request although there are variations with the Central
High DOD. The primary variation from the DOD is related to the front and rear yard
setbacks. Based on the existing lot configuration and the development as proposed the
lots do not allow for setbacks as outlined in the DOD. As previously stated staff
supports the variation because of the development pattern in the area. Staff continues
to feel based on the institutional use located just south of this site there is a direct
impact on redevelopment of these lots. There are two (2) single-family homes located
across West 13th Street and a large surface parking lot for Central High School along
with the Central High School Visitors center located to the southeast. The site is directly
impacted by street parking of students and faculty of Central High School.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
9
The property is currently zoned R-4, Two-family district which would allow for the
construction of two (2) duplex structures on these two (2) residential lots resulting in the
same density as proposed by the applicant. Staff feels the placement of the single-
family homes as proposed will add value to the neighborhood allowing new residents
the opportunity to purchase homes in the neighborhood. To staff’s knowledge there are
no remaining outstanding technical issues associated with the request.
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: (JUNE 2, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated May 19, 2011,
requesting a deferral of the item to the July 14, 2011, public hearing. Staff stated the
applicant had indicated the deferral request was necessary to allow the applicant and
the Central High Neighborhood Association additional time to work through issues
related to the site plan. 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 and
2 absent.
STAFF UPDATE:
Upon further review, staff has discovered an error in the previous analysis. The
applicant had indicated there were no trees on the site. There are in fact several trees
on the east half of the site. The DOD states:
“Trees greater than fourteen (14) inches in diameter measured at four and one-half
(4 ½) feet above ground shall be protected form removal and damages in future
development of the district. Any development within fifty (50) feet of any such tree shall
be reviewed prior to development to assure protective measures are included and in
place. Tree removal can only be done is approved by the City’s Urban Forester.”
The applicant has been advised to provide a tree survey and to include information
pertinent to the trees on the site plan. The plan will then be forwarded to the Urban
Forester for review and comment.
Staff recommends deferral of this item to the August 25, 2011 agenda with the applicant
to submit the required plans prior to the August 4, 2011 Subdivision Committee
meeting.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
10
PLANNING COMMISSION ACTION: (JULY 14, 2011)
The applicant was not present. There were no objectors present. Staff presented he
item and a recommendation of deferral as noted in the staff update above. There was
no further discussion. The item was placed on the consent agenda and approved for
deferral to the August 25, 2011 meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant submitted a revised site plan to staff addressing staff’s concerns
regarding existing trees on the site. It appears one tree greater than 14-inches, an 18-
inch willow oak, will be removed during construction. The tree proposed for removal is
located within the northeastern portion of the site on proposed Lot 2. The removal of
the tree is necessary to provide parking on this lot. A note on the site plan indicates all
other trees will be retained and preserved during construction. Staff has provided the
City’s Urban Forester with a copy of the site plan and requested comment concerning
the tree removal. As of this writing the Urban Forester has not responded to staff.
Modifications have been made to the site plan to aid in minimizing the neighborhood’s
concerns. The site plan indicates four lots with one house facing Park Street and
another facing Dennison Street with two houses which will appear to be “carriage
houses” or ancillary structures facing and taking access from 13th Street. The two
“carriage houses” will be single-family residences on individual lots of record. This is
being done to preserve the character of the neighborhood. The style of having a “main
house” and “carriage house” is not uncommon in the neighborhood. The “main house
and carriage house” package will be offered as one package to prospective buyers for
ownership and rental property. If this is not marketable, then the “main house” and
“carriage house” will be marketed separately.
The front setback for the homes fronting South Dennison and Park Streets is indicated
at 15-feet. The front setback for the homes located on West 13th Street are indicated at
5-feet. The rear yards for the homes fronting South Dennison Street and Park Street
are indicated at 15-feet. The rear yard for the homes fronting West 13th Street are
indicated at 5-feet. All side yard setbacks are indicated at 5-feet. The DOD states the
front yard setback shall be 15-feet. All other setbacks shall be as prescribed by the
property’s zoning district. The fronts of the homes located on West 13th Street and all
rear yard setbacks do not comply with the typical standards of the DOD or the zoning
district. The applicant has indicated the development will comply with all other aspects
of the Central High DOD with regard to building design, construction materials, tree
plantings and the placement of mechanical equipment.
August 25, 2011
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-8646
11
Staff is supportive of the request. Staff does not feel the proposal to allow
redevelopment of this site with four units of residential housing will adversely impact the
area.
PLANNING COMMISSION ACTION: (AUGUST 25, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the City’s Urban Forester had reviewed the plan and had
approved the removal of the tree located at the northeastern portion of the site. Staff
stated the applicant would be required to plant two trees in the front yard of each of the
homes, a total of eight (8) trees, to comply with the Central High Design Overlay District
requirements. Staff stated the Central High Neighborhood Association had provided
them with a letter of support for the development as currently proposed. Staff stated 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
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 and 2 absent.
August 25, 2011
ITEM NO.: B FILE NO.: Z-8659
NAME: Pop’s Pool Hall Short-form PCD
LOCATION: Located at 4308 Asher Avenue
DEVELOPER:
Charles Webb
93 Dartmouth Drive
Little Rock, AR 72209
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-4, Open Display District
ALLOWED USES: Open Display uses
PROPOSED ZONING: PCD
PROPOSED USE: Add In-door amusement as
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant failed to notify property owners as required by the Commission’s By-laws.
Staff recommends deferral of this item to the July 14, 2011, public hearing.
PLANNING COMMISSION ACTION: (JUNE 2, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had failed to notify property owners as required
by the Commission’s By-laws. Staff presented a recommendation of deferral of this
item to the July 14, 2011, public hearing.
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 and
2 absent.
August 25, 2011
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-8659
2
STAFF UPDATE:
Staff has had no contact with the applicant. Staff recommends deferral of the item to the
August 25, 2011 agenda.
PLANNING COMMISSION ACTION: (JULY 14, 2011)
The applicant was not present. There were no objectors present. Staff presented the
item and a recommendation of deferral. here was no further discussion. The item was
placed on the consent agenda and approved for deferral to the August 25, 2011
meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
There has been no contact by the applicant concerning this request. Staff recommends
this item be withdrawn without prejudice.
PLANNING COMMISSION ACTION: (AUGUST 25, 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 concerning this
request. Staff presented a recommendation of withdrawn of the item without prejudice.
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 and 2 absent.
August 25, 2011
ITEM NO.: C FILE NO.: Z-8660
NAME: McDaniel Short-form PD-R
LOCATION: Located at 11100 Legion Hut Road
DEVELOPER:
Nuage Residential Construction
c/o James McDaniel
P.O. Box 250
Sweet Home, AR 72164
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: .50 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Multi-family 4-plex
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R
to allow the construction of a four-plex apartment building. The building is
proposed containing 2,800 square feet. The site plan indicates the placement of
eight (8) on-site parking spaces located adjacent to Legion Hut Road. The
applicant has indicated the buildings will be constructed of brick and vinyl. The
roof will be a standard pitch roof with asphalt shingles. A six (6) foot wood fence
will be installed along the perimeters abutting single-family zoned property.
August 25, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8660
2
B. EXISTING CONDITIONS:
The property is heavily wooded, as is the property to the south. North, northeast
and west of the site are single-family homes. The homes fronting on Legion Hut
Road appear to be developed on larger lots. The homes located to the west
appear to be developed on smaller lots within the Shiloh Subdivision. To the
east is a manufactured home park. Further south of the site is the Oxford Valley
Subdivision, which is a single-family subdivision, which is continuing to develop
with new homes.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of information phone calls from
area resident. All property owners located within 200-feet of the site, all
residents, who could be identified, located within 300 feet of the site, the Legion
Hut Neighborhood Association and Southwest Little Rock United for Progress
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Legion Hut Road is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25 feet from centerline will be required.
Provide the centerline of the Legion Hut Road right-of-way to determine if a
dedication is required.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
3. Vehicle parking is not allowed in the public right-of-way.
4. Vehicle backing into Legion Hut Road creates a safety hazard and is not
allowed with developments more dense than a single-family residential
development.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer is available to this project.
Entergy: Approved as submitted.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
August 25, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8660
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 if additional fire protection or metered water service is required
or regarding the size and location of the water meter. A Capital Investment
Charge based on the size of meter connection(s) will apply to this project in
addition to normal charges. This fee will apply to all connections including
metered connections off the private fire system. If there are facilities that need to
be adjusted and/or relocated, contact Central Arkansas Water. That work will be
done at the expense of the developer. Due to the nature of the 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 discus backflow prevention
requirements for this project.
Fire Department: Place fire hydrant per code. Maintain at least a 20-foot wide
access. Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Residential Low Density for this property.
The applicant has applied for a rezoning from R-2, Single-family to Planned
Residential Development to allow the construction of a four-unit apartment on the
site. Residential Low Density typically provides for single-family homes at
densities not to exceed six units per acre.
Master Street Plan: Legion Hut 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
August 25, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8660
4
the same as a Collector. This street may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class III is shown along Legion Hut Road. A Class III bikeway is
a signed route on a street shared with traffic. No additional paving or right-of-
way is required. Class III bicycle route signage may be required.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Verify site size for a full review.
3. Property to the north and south are zoned residential, therefore, the zoning
ordinance requires a nine-foot (9’) wide land use buffers along both of the
perimeters. Easements cannot count toward fulfilling this requirement.
Seventy percent (70%) of these buffers are to remain undisturbed. Currently,
the building footprint is shown at a mere ten foot (10’) from the property line.
4. The property to the west is zoned residential; therefore, a thirteen-foot (13’)
wide land use buffer is required. Easements cannot count toward fulfilling this
requirement. Seventy percent (70%) of these buffers are to remain
undisturbed.
5. The zoning buffer requires an average thirteen-foot (13’) wide street buffer
and in no case to be less than nine foot (9’) in width. Currently, this minimal
amount is not being met; revise.
6. A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along the
northern, southern, and western perimeters of the site. Credit towards
fulfilling this requirement can be given for existing trees and undergrowth that
satisfies this year-around requirement.
7. An automatic irrigation system to water landscaped areas will be required.
8. 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.
9. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6) inch
caliper or larger.
August 25, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8660
5
G. SUBDIVISION COMMITTEE COMMENT: (May 12, 2011)
Mr. James McDaniel was present representing the request. Staff presented an
overview of the request stating there were additional items necessary to
complete the review process. Staff requested details concerning the proposed
construction materials, if there would be an on-site dumpster and if any signage
was proposed. Staff also questioned any proposed fencing around the site’s
perimeter. Staff stated the parking as proposed did not comply with City
ordinance. Staff also questioned if the developer had considered constructing
two (2) duplex units as opposed to a single building.
Public Works comments were addressed. Staff stated a dedication of right of
way 25-feet for centerline would be required. Staff also stated any broken curb
and gutter or sidewalk that was damaged in the public right of way would require
replacement prior to the issuance of a certificate of occupancy for the
development.
Landscaping comments were addressed. Staff stated with the development of
the site a 9-foot land use buffer was required along the northern and southern
perimeters of the site. Staff also stated a minimum of seventy percent of the
buffer was to remain undisturbed. Staff stated screening would be required
along the northern, southern and western perimeters of the site. Staff stated a
street buffer of thirteen feet was required along Legion Hut Road.
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 staff’s concerns
related to the proposed parking. The applicant has indicated a dumpster will not
be located on the site. The applicant has also indicated no signage is proposed
for the development.
The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R
to allow the construction of a 4-plex apartment building. The building is proposed
containing 2,800 square feet with eight (8) on-site parking spaces located
adjacent to Legion Hut Road to serve the use. Based on the typical parking
requirement for a multi-family development six (6) parking spaces would typically
be required to serve the four (4) units.
August 25, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8660
6
The applicant has indicated the buildings will be constructed of brick and vinyl.
The roof will be a standard pitch roof with asphalt shingles. A six (6) foot wood
fence will be installed along the perimeters abutting single-family zoned property
to provide the required screening.
The property is classified on the City’s Future Land Use Plan as Residential Low
Density. Residential Low Density typically provides for single-family homes at
densities not to exceed six (6) units per acre. The development as proposed is
consistent with the density allowed by the Future Land Use Plan however staff
has concerns with the design aspect of the development. In staff’s opinion the
single building with the parking lot located in the front yard of the development is
not compatible with the development pattern in the area. Although there is a
mobile home park located across Legion Hut Road from this site for the most part
the remainder of the area has developed with single-family homes with typical
single-family drives and not large areas of paving in the front yard.
I. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (JUNE 2, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated June 1, 2011,
requesting a deferral of the item to the July 14, 2011, public hearing. Staff stated the
applicant had indicated the deferral was necessary to allow the applicant time to work
with staff on the design of the project and allow the applicant the opportunity to meet
with the neighborhood association concerning the proposed development. Staff stated
the deferral request would require a By-law waiver with regard to the late 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 and 2 absent. The chair then entertained a motion for approval
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
STAFF UPDATE:
Staff has had no contact with the applicant. No revised plan has been submitted. Staff
continues to recommend denial of the application.
August 25, 2011
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-8660
7
PLANNING COMMISSION ACTION: (JULY 14, 2011)
The applicant was not present. There were no objectors present. Staff informed the
Commission that the applicant had requested deferral of the item on July 11, 2011 to
allow additional time to consider possible changes to the plan. There was no further
discussion. A motion was made to waive the Commission’s bylaws to accept the late
deferral request. The motion was seconded and approved by a vote of 10 ayes, 0 noes
and 1 absent. The item was placed on the consent agenda and approved for deferral to
the August 25, 2011 meeting by a vote 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant has not met with staff nor the neighborhood association concerning the
proposed request. Staff continues to not support the request. The applicant has
requested two previous deferrals for this item. Staff recommends the item be withdrawn
from consideration, without prejudice, to allow the applicant time to design the site plan
and meet with staff and the neighborhood association concerning issues which have
been raised by both.
PLANNING COMMISSION ACTION: (AUGUST 25, 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 concerning this
request. Staff presented a recommendation of withdrawn of the item without prejudice.
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 and 2 absent.
August 25, 2011
ITEM NO.: D FILE NO.: Z-5805-B
NAME: 11820 Chicot Road Short-form PCD
LOCATION: Located at 11820 Chicot Road
DEVELOPER:
Jagden Singh
11820 Chicot Road
Mabelvale, AR 72103
SURVEYOR:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: 4.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family with a CUP
ALLOWED USES: Single-family residential and Daycare
PROPOSED ZONING: PCD
PROPOSED USE: Convenience store and Auto body repair
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On February 19, 2009, the Commission approved a Conditional Use Permit to allow
the use of the existing building on this site for a day care center and an
electrical apprenticeship program class. The day care was to have an enrollment of
twenty (20) children with five (5) employees. The day care was to operate
Monday-Friday, 6:30 a.m. – 5:30 p.m. The electrical apprenticeship program was to
operate Monday-Friday, 6:30 p.m. – 9:30 p.m. with eight (8) students and one (1)
instructor. The existing paved parking area was to be used. A small playground area
was to be located behind (west) the building. The west half of the overall site was not
proposed to be used.
August 25, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-5805-B
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The property at 11820 Chicot Road is currently zoned R-2, Single-family. The
buyer of the property has specific commercial plans for the existing building and
acreage. These plan are to divide the existing building into two (2) separate
businesses under the same ownership. The proposed businesses are a
convenience store and auto body repair shop.
The convenience store is proposed for the front portion of the building. The
convenience store is proposed to contain approximately 2,000 square feet. The
store is proposed for the sale of grocery items, hot food, soft drinks, snacks,
tobacco products, beer and other typical convenience items. Parking is available
on the existing asphalt. No gas pumps are proposed.
Building signage will be posted on the front façade of the building abutting Chicot
Road. A single ground sign is proposed to serve the convenience store and the
auto body repair shop.
The auto body repair shop will contain approximately 2, 000 square feet and will
be located within the rear portion of the building. The business will include auto
body repair, auto paint, auto upholstery and auto collision repair. The parking for
the auto body repair will be customer parking only. There will be no storage of
vehicles in the front of the property. The owner is proposing the placement of a
privacy fence along the rear of the building to screen areas proposed for storage
of inoperable vehicles and vehicles awaiting repair. The vehicle storage area
extends approximately 180 feet behind the building. An existing fence separates
the west 380 feet from the rest of the property. The west 380 feet of the property
is not proposed for use under this application
B. EXISTING CONDITIONS:
The site contains 4.25 acres, the majority of which is undeveloped. A
4,000 square foot building and a paved parking lot are located in the eastern
portion of the site, nearest Chicot Road. Access to the site is via a single
driveway off of Chicot Road, which is shared with the .3 acre tract adjacent to the
north. A 30- foot access easement is located along the south perimeter of that .
3-acre tract to provide access to the subject property. An area approximately
180 feet deep behind the building is cleared. The west 380 feet of the site is
undeveloped and a fence separates that portion of the site from the developed
eastern portion. A business occupied the property when this area was annexed
into the City. The site has lost any nonconformity since it has been vacant for
several years.
August 25, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-5805-B
3
The predominate land use in the area is residential. Uses include single-family
residences and manufactured homes. There are a few non-residential uses,
including the inoperable car wash adjacent to the north and a couple of small,
Commercial zoned tracts to the south.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment 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 Legion Hut Neighborhood
Association, the West Baseline Neighborhood Association and Southwest Little
Rock United for Progress were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Chicot 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. Provide design of street conforming to the Master Street Plan. Construct
one-half street improvements to the streets including 5-foot sidewalks. In the
future if the existing structures or the site is expanded, one-half street
improvements will be required to be installed per the Master Street Plan
requirements.
3. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The lots must have a single
driveway access on the property line. The width of driveway must not exceed
36 feet. In the future if the existing structures or the site is expanded, the
two (2) driveways accessing this property will be required to be combined into
one (1) driveway.
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
August 25, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-5805-B
4
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 the
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 requires that
upon the 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 Central Arkansas Water. The test results must be sent to Central
Arkansas Water’s Cross Connection Section within ten (10) 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. Maintain at least a 20-foot wide
access. Install a Knox box and properly place the address on the building.
Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Residential Low Density for this property.
Residential Low Density is for single family homes at densities no greater than
six (6) dwelling units per acre. The applicant has requested to allow a rezoning of
this site from R-2, Single-family to Planned Commercial Development to allow
the use of the existing structure as a convenience store and as an auto body
repair shop
Master Street Plan: Chicot 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 Chicot 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: A Class III is shown along Chicot Road. A Class III bikeway is a
signed route on a street shared with traffic. No additional paving or right-of-way
is required. Class III bicycle route signage may be required.
August 25, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-5805-B
5
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. The zoning buffer ordinance requires a sixteen (16) foot wide land use
buffer along the northern and southern perimeters of this site next to the
residentially zoned property. Seventy percent (70%) of this area is to
remain undisturbed. If insufficient vegetation exists in this area then
additional landscaping will be required to provide screening. Easements
cannot count toward fulfilling this requirement.
3. The zoning buffer ordinance requires a forty-five (45) foot wide land use
buffer along the western perimeter of the site next to the residentially zoned
property. Seventy percent (70%) of this area is to remain undisturbed. If
insufficient vegetation exists in this area then additional landscaping will be
required to provide screening. Easements cannot count toward fulfilling this
requirement.
4. The zoning street buffer ordinance requires an average forty-five (45) foot
street buffer along Chicot Road and in no case to be less than twenty-two
(32) foot in width in any area.
5. A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along the
northern, and western perimeters of the site. Credit towards fulfilling this
requirement can be given for existing trees and undergrowth that satisfies
this year-around requirement.
6. Any new parking areas must comply with the City’s landscape and buffer
ordinance requirements.
7. An automatic irrigation system to water landscaped areas will be required.
8. 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.
9. 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: (June 23, 2011)
The applicant’s representatives were present. Staff presented the item and noted
additional information was needed regarding signage, the dumpster location,
vehicle storage and any areas of tire and auto parts storage.
August 25, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-5805-B
6
Public Works and Landscape comments were discussed. The applicants were
informed that any required right-of-way would have to be dedicated through this
process but street improvements would not be required unless there was
redevelopment of the site.
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 applicants did submit responses to issues raised at Subdivision Committee.
Signage is proposed as a single ground-mounted sign on the Chicot Road
frontage, which will be shared by both businesses. The sign is to have a height of
fifteen (15) feet and an area of sixty-four (64) square feet. Wall signage would be
permitted on the east façade of the building, facing Chicot Road. There is paved
parking for approximately 16 vehicles on the existing parking lot on the north side
of the building. An additional ten (10) spaces can be created on the paved area
in front of the west half of the building, where the auto body shop is proposed.
The 2,000 square foot convenience store requires ten (10) spaces;
4 plus 1/300 square feet. The auto body shop requires thirteen (13) spaces;
5 plus 1/225 square feet. Existing right-of-way is forty (40) feet from centerline.
An additional fifteen (15) feet is required to meet Master Street Plan standards.
The dumpster location has been indicated as north of the body shop parking,
behind the car wash. A wood privacy fence is indicated behind the building,
screening the vehicle storage lot, where up to one hundred (100) vehicles will be
kept. Those vehicles will be in various states of disrepair. No outside tire storage
is proposed. There will be some storage of metal (auto parts?).
Landscaping/screening will be installed along the north side of the site where it is
adjacent to the residential properties.
Days and hours of operation for the proposed businesses have not been
provided. There is no bill of assurance for this acreage tract.
Staff is not supportive of the proposed rezoning. Staff supported the previous
application for a small day care center and electrical apprenticeship classes. The
site is located on an arterial street but is in an area that is predominately
residential in character. The previously proposed uses are compatible with the
area. Staff does not believe the proposed convenience store and auto body
shop, with unpaved, outdoor storage of auto parts and up to 100 inoperable
vehicles, is an appropriate use. There is potential negative impact on the nearby
August 25, 2011
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-5805-B
7
residences from the convenience store. There clearly is negative impact from the
auto body shop, which is a C-4 use. The substandard storage lot of inoperable
vehicles is at best an industrial use.
I. STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JULY 14, 2011)
The applicant was present. There were several objectors present. Staff informed the
Commission that, on July 13, 2011, the applicant had requested deferral of the item to
allow additional time to consider possible changes to the plan and to meet with the
neighbors. There was no further discussion. A motion was made to waive the
Commission’s bylaws to accept the late deferral request. The motion was seconded
and approved by a vote of 10 ayes, 0 noes and 1 absent. The item was placed on the
consent agenda and approved for deferral to the August 25, 2011 meeting by a vote of
10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant submitted a request dated July 21, 2011, requesting withdrawal of this
item without prejudice. Staff is supportive of the withdrawal request.
PLANNING COMMISSION ACTION: (AUGUST 25, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated July 21, 2011,
requesting withdrawal of this item without prejudice. Staff stated they were supportive
of the withdrawal 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 and 2 absent.
August 25, 2011
ITEM NO.: E FILE NO.: Z-8675
NAME: Mabelvale Cut-off and Whispering Pine Drive Short-form PCD
LOCATION: Located on the Northwest corner of Mabelvale Cut-off Road and
Whispering Pine Drive
DEVELOPER:
Lucio Rubio
10425 Stardust Trail
Little Rock, AR 72209
SURVEYOR:
Ollen Dee Wilson
P.O. Box 604
North Little Rock, AR 72115-0604
AREA: 0.53 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PCD
PROPOSED USE: Used automobile sales – up to six automobiles
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning from R-2, Single-family to Planned
Commercial Development (PCD) to allow the lot located the intersection of
Mabelvale Cut Off and Whispering Pine Drive for automobile sales. The
applicant is requesting to be allowed to display six (6) cares for sale on the lot.
The applicant has indicated a small building will be added to the site to allow for
a sales office. The entrance to the automobile sales lot is from Whispering Pine
Drive. The applicant has indicated no alterations to the cars will be performed on
site.
August 25, 2011
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-8675
2
B. EXISTING CONDITIONS:
The property consists of a vacant, cleared lot which appears to have some
nonconforming use as equipment and truck parking.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
property owners located within 200-feet of the site, all residents, who could be
identified, located within 300 feet of the site, the West Baseline Neighborhood
Association, the Legion Hut Neighborhood Association and Southwest Little Rock
United for Progress were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
Whispering Pine Drive for the frontage of this property must meet commercial
street standards. Dedicate right-of-way to 30 feet from centerline.
2. A 20 foot radial dedication of right-of-way is required at the intersection of
Whispering Pine Drive and Mabelvale Cut-off.
3. Sidewalks with appropriate handicap ramps are required to be installed along
Whispering Pine Drive in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
5. 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).
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.
August 25, 2011
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-8675
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 if additional fire protection or metered water service is required
or regarding the size and location of the water main. Due to the nature of the
facility, installation of an approved reduced pressure zoned 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 requires that
upon installation of the RPZA, successful test of the assembly must be
completed by a Certified Assembly Tester licensed by the State of Arkansas and
approved by Central Arkansas. The test results must be sent to Central
Arkansas Water’s Cross Connection Section within ten days of installation and
annually thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: Approved as submitted. The site is located on CATA Bus Route #17 –
the Mabelvale Downtown Route and 17A – the Mabelvale UALR Route.
Adjacent to this site on Mabelvale Cut-off there is a covered bus shelter.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Residential Low Density for this property.
Residential Low Density is for single family homes at densities no greater than
six (6) dwelling units per acre. The applicant has applied for a rezoning from R-2,
Single-family to Planned Commercial Development to allow the use of the
property as a car lot for up to six (6) cars.
Master Street Plan: Mabelvale Cutoff is a Minor Arterial. A Minor Arterial
provides connections to and through an urban area and their primary function is
to provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Mabelvale Cutoff since it is a Minor Arterial. Whispering Pine Drive 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. These streets
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
August 25, 2011
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-8675
4
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any new paved areas must comply with the City’s landscape and buffer
ordinance requirements.
G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011)
Staff presented the item and noted additional information was needed on the
proposed use including days and hours of operation, dumpster location, signage
and site lighting. Staff asked if any auto repair or detailing of vehicles would
occur on site. Staff noted the site plan and survey did not appear to match. The
applicant was asked to explain the purpose of a proposed building indicated on
the plan. Staff requested information on the dump trucks currently parked on the
site as well as several piles of gravel. It was noted that the vehicular use areas
would have to be paved and landscaped to comply with Code standards.
Public Works and Landscape comments were discussed.
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 is requesting approval of a PCD to allow for use of this .54+/- acre
tract for an automobile sales lot. The property is mostly cleared and appears to
have some degree of nonconformity associated with the parking of dump truck or
as a contractors yard. A gravel driveway provides access off of Whispering Pine
Drive. Any change to a nonconforming property requires a Planned
Development.
The applicant proposes to display six (6) vehicles for sale on the lot. A small
office building is to be located on the site. No auto detailing, car washing or auto
repair will occur on the site. The applicant states he is a truck driver and desires
to have this use as a part time business. Days and hours of operation are
9:00 a.m. to 5:00 p.m., seven days a week. The only site lighting will be a
security light. Signage is proposed to be that allowed in commercial zones, as
August 25, 2011
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-8675
5
per the Code. That could imply a commercial ground mounted sign on each
street frontage and wall signage on the building. No specifics were provided. The
applicant also proposes to continue to park a single dump truck on the site (the
truck he drives).
The applicant is requesting a two-year deferral of the requirement to construct
paved parking and drives and associated landscaping and screening.
Staff is not supportive of the request. The use itself is a C-4 commercial use
being proposed in an area that is primarily residential in character and use. There
are a couple of nonresidential uses across the street to the south and a
nonconforming contractor’s yard across the street to the east. Those uses are
the exception rather than the norm. The land use plan limits the nonresidential to
narrow strips along the south side of Mabelvale Cut-off and east of Whispering
Pine. In addition to concerns about the use itself, staff does not feel it is
appropriate to allow a substandard development that does not include
compliance with any code standard such as paving, landscaping and screening.
Staff believes the proposed development would have a detrimental impact on
surrounding properties, particularly the adjacent residential neighborhood.
I. STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JULY 14, 2011)
The applicant was present. There were three objectors present. Through his
City-provided translator, the applicant stated he was not ready to go forward since the
person who had been assisting him thus far through the process was unable to be at
the meeting. Staff informed the Commission of the applicant’s desire to defer the item.
The objectors stated they would support the deferral request, albeit begrudgingly. A
motion was made to defer the item to the August 25, 2011 meeting. The motion was
seconded and approved by a vote of 9 ayes, 1 no and 1 absent.
STAFF UPDATE:
There has been no change to the application request since the previous staff analysis
and recommendation. Staff continues to recommend denial of the request.
August 25, 2011
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-8675
6
PLANNING COMMISSION ACTION: (AUGUST 25, 2011)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a letter dated August 15, 2011,
requesting a deferral of this item to the October 6, 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 and 2 absent.
August 25, 2011
ITEM NO.: 1 FILE NO.: S-1426-C
NAME: Glenn Ridge Crossing Revised Preliminary Plat
LOCATION: Located along Colonel Glenn Plaza Loop, west of I-430, South of Colonel
Glenn Road
DEVELOPER:
Glenn Ridge Crossing LLC
1501 North University Avenue, Suite 740
Little Rock, AR 72207
ENGINEER:
Robert D. Holloway
The Holloway Firm, Inc.
200 Casey Drive
Maumelle, AR 72113
AREA: 52.916 acres NUMBER OF LOTS: 10 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, C-4 and Expired PCD
PLANNING DISTRICT: 12 – 65th Street West
CENSUS TRACT: 24.05
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On May 18, 2004, the Little Rock Planning Commission approved a preliminary plat for
13.2 acres containing 12 lots. A revision to the preliminary plat was approved by the
Little Rock Planning Commission on March 17, 2005, expanding the subdivision and
allowing 8 lots within 30.56 acres. On May 8, 2008, the Little Rock Planning
Commission reviewed a revision to the preliminary plat. The plat area was expanded to
53 acres and contained 10 lots. On July 18, 2008, a final plat for Lot 4 and the right of
way dedication for Colonel Glenn Plaza Loop was filed for record with the Pulaski
County Circuit Clerks Office. Although there are other lots which have developed within
the proposed plat area these areas have not been final platted.
On October 21, 2003, 53.24 acres was rezoned (Ordinance 18,866) from R-2, Single-
family to C-3, General Commercial District. In addition to the rezoning to C-3, General
Commercial District the south and west 50-feet of the overall tract was zoned “OS”
August 25, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C
2
Open Space, with the following conditions placed on the overall property, which
includes the proposed plat area:
• The east 50-feet of property will be a landscape buffer, with all trees having a
caliper of four (4) inches or greater being preserved.
• A tree survey of the east 50-feet of the property must be submitted to staff prior
to any permits being issued for development.
On April 5, 2005, Lo1 1 (8.793 acres) was rezoned from C-3, General Commercial
District to C-4, Open Display District with the following conditions:
• The east 50-feet of the property will be a landscape buffer, with all trees having a
caliper of four (4) inches or greater being preserved.
• A tree survey of the east 50-feet of the property must be submitted to staff prior
to any permits being issued for development.
• The only permitted use of the property will be automobile display sales and
service
On June 3, 2008, the Little Rock Board of Directors adopted Ordinance No. 19,976
rezoning 12.7 acres from C-3, General Commercial District to PCD to allow the
development of the site with automobile sales with an auto auction.
On August 11, 2011, the Little Rock Planning Commission approved a request to
rezone Lot 2 (2.023 acres) from C-3 with conditions and C-4 with conditions to C-4 with
conditions. The conditions approved by the C-4 zoning request were the same
conditions placed on the April 5, 2005, zoning approval for Lot 1.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing to amend the previously approved preliminary
plat to allow the creation of ten (10) lots within an area containing 53+ acres.
The lots range in size from 2.023 acres to 8.488 acres. The lots are indicated
with building setbacks consistent with the C-3, General Commercial District and
C-4, Open Display District. The PCD located within the center of Colonel Glenn
Plaza Loop has expired. The underlying zoning of this area is C-3, General
Commercial District.
B. EXISTING CONDITIONS:
The general area contains a mixture of uses and zoning. An auto dealership is
located within the northern portion of the proposed plat area and Playtime Pizza
is located within the southern portion of the plat area. There is also a large
amount of undeveloped property located within the plat area. The center of
Colonel Plaza Loop contains a vacant property presently zoned PCD which
August 25, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C
3
recently expired. The perimeter zoning of the plat area was approved containing
a 50-foot zoned “OS” Open Space buffer along the southern and western
perimeters. Undeveloped R-2, Single-family zoned property is located beyond
the “OS” buffer along the southern perimeter. Beyond the “OS” buffer to the west
is a public school accessed from David O Dodd.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area
property owner. All abutting property owners were notified of the public hearing.
There is not an active neighborhood association located within this area.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A total of only one curb cut for a driveway will be allowed for Lots 2 and 3.
2. Fill material is being placed in the low area within Colonel Glenn Plaza Loop
without a grading permit. A grading permit was not issued for the filling
activity. Also, a land alteration variance was requested for this area to filled
and it was denied by the Planning Commission. All current filling and future
filling in this low area must cease until a grading permit has been issued for
the filling activity with construction imminent.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements for this project.
Contact Little Rock Wastewater Utility for additional information.
Entergy: Easements are required along Lots 5 – 8 abutting Colonel Glenn
Plaza Loop. Contact Entergy for additional information.
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 water service must be met. 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). The facilities on-site will
be private. When meters are planned off private lines, private facilities shall be
installed to Central Arkansas Water’s material and construction specifications
August 25, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C
4
and installation will be inspected by an engineer, licensed to practice in the State
of Arkansas. Execution of Customer Owned Line Agreement is required.
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 and the Little Rock Fire Department is required. Contact
Central Arkansas Water regarding the size and location of 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
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 Central Arkansas Water. The test results must be
sent to Central Arkansas Water’s Cross Connection Section within ten (10) 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. Maintain a 20-foot wide access.
Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011)
Eric Holloway and Cliff McKinney were present representing the application.
Staff presented the item and noted little additional information was needed. Staff
requested the source of title of the landowners be noted on the plat. Public
Works comments were discussed. Mr. Holloway agreed to comply with driveway
spacing comments. He stated he was not aware of the filling activity taking place.
August 25, 2011
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1426-C
5
He said a plan for development for the site in question would likely be on the
Commission’s next agenda which would perhaps address the issue.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
H. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing the issues
raised at the August 4, 2011, Subdivision Committee meeting. The revised plat
indicates the source of title of the landowners. The applicant has indicated the
drives will comply with staff’s comments noted above.
The request is to amend the previously approved preliminary plat to allow the
creation of ten (10) lots within an area containing 53+ acres. The lots range in
size from 2.023 acres to 8.488 acres. The lots are indicated with building
setbacks consistent with the C-3, General Commercial District and C-4, Open
Display District. The front building line for C-3, General Commercial District
zoned property is 25-feet. The C-4, Open Display Zoning District requires a front
yard setback of 45-feet. Lots 1 and 2 will require a 45-foot front building line.
Lots 3 through 10 will require a 25-foot front building line. The lot areas exceed
the 14,000 square foot minimum lot size per the zoning districts.
Staff does not feel the revision to the preliminary plat as proposed will
significantly impact the development or the area. To staff’s knowledge there are
no remaining outstanding technical issues associated with the request.
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: (AUGUST 25, 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 for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes,
0 noes and 2 absent.
August 25, 2011
ITEM NO.: 2 FILE NO.: Z-4565-C
NAME: Lot 2, Kanis/Shackleford Subdivision Short-form PD-C, II
LOCATION: Located at Lot 2, Kanis/Shackleford Subdivision, on the South side of the
10700 Block of Kanis Road
DEVELOPER:
Panera Bread, LLC
c/o Flake and Kelly Commercial
425 West Capitol Avenue, Suite 300
Little Rock, AR 72201
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.63 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-3, General Office District
ALLOWED USES: Office
PROPOSED ZONING: PD-C
PROPOSED USE: Restaurant
VARIANCES/WAIVERS REQUESTED:
1. A variance from the minimum driveway spacing requirement to allow a Right-
in/Right-out driveway located on Kanis Road.
2. A variance from the City’s Buffer Ordinance requirement to allow the eastern land
use buffer to be cleared and contained within a utility easement.
BACKGROUND:
On January 8, 2009, the Little Rock Planning Commission withdrew a request to allow
the rezoning of 1.63 acre from O-3, General Office District to PCD. The approval also
would have allowed the creation of two (2) lots one being a lot without public street
frontage. Lot 1 was proposed with the development of a 2,900 square foot restaurant.
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
2
Lot 2 was proposed for future development as an office use. A variance from the
minimum driveway spacing requirement was proposed to allow a “right out” only
driveway on Kanis Road.
On October 5, 2009, the Little Rock Planning Commission approved a request to rezone
this 1.63 acres from O-3, General Office District to PCD to allow construction of a hotel.
Fairfield Inn and Suite Hotel, which is a division of Marriot Hotels, proposed the
construction of a three story 80-room facility. The hotel was proposed with a covered
canopy facing to the west and a two story parking deck adjacent to Kanis Road. At the
request of the applicant the item was not forwarded to the Board of Directors for final
action.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing construction of a Panera Bread restaurant with
drive-thru service. The building contains 4,400 square feet with approximately
68 parking spaces. Hours of operation are from 6:00 am to 9:00 pm Monday thru
Saturday and 7:00 am to 8:00 pm on Sunday. The request includes the
placement of a pylon sign 36-feet in height and 160 square feet in area at the
northwest corner of the property.
Access to the site will be from a shared driveway along the western edge of the
property and through the existing bank branch at the southwest corner of the
property to the rear parking area.
The applicant is requesting a variance from the driveway spacing criteria to allow
an exit driveway at the northeast corner of the property. The additional exit will
allow customers exiting the drive thru lane to turn right onto Kanis Road which
will allow more efficient circulation within the development. According to the
applicant it is anticipated a large portion of the customer base will come from the
Baptist Health complex located to the east on Kanis Road.
B. EXISTING CONDITIONS:
Kanis Road adjacent to the site has been constructed to Master Street Plan
standard. The sidewalk is in place along the property frontage. The site is tree
covered with a single-family residence located to the east of the site fronting
Kaufman Road. There are other single-family homes located along Kaufman
Road. There are a number of zoning classifications within the area. This site is
zoned O-3, General Office District as is the Bancorp South Bank property. The
property to the west, Mamma Bea’s Big Burger is zoned O-2, Office and
Institutional District as is property located to the south, fronting South
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
3
Shackleford Road, containing hotels, restaurant uses and the Heart Hospital.
Across South Shackleford Road is property zoned PCD, O-3, General Office
District, C-2, Shopping Center District and C-3, General Commercial District
which has developed with a number of uses including a convenience store,
hotels, automobile dealerships and general office uses. North of the site is a
large insurance company office complex, Arkansas Farm Bureau, and a daycare
facility, Kidco.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received an informational phone call from an area
property owner’s representative. All property owners located within 200-feet of
the site, all residents, who could be identified, located within 300 feet of the site
and the John Barrow 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.
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.
3. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required. An
additional 10 feet of right of way, measured from the centerline of the right-
of-way, for a future left turn lane should be dedicated.
4. With site development, provide the design of street conforming to the
Master Street Plan. An in-lieu contribution should be made for one half
street improvements on Kanis Road for future dual left turn lanes with the
planned development. Contact Bill Henry of Traffic Engineering (379-1816)
concerning the proposed design of Kanis Road per the Master Street Plan.
5. Sidewalks with appropriate handicap ramps are required along the 30 foot
common access easement in accordance with Section 31-175 of the Little
Rock Code and the Master Street Plan.
6. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
4
7. Retaining walls designed to exceed 15 feet in height are required to seek a
variance for construction. If retaining walls will be installed, provide
proposed wall elevations.
8. 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).
9. 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.
10. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Due to the location of the east
right out only driveway location a variance must be requested.
11. The driveway entrance from the shared access easement must be
redesigned due to the proposed plan has vehicles backing into the driveway
entrance and vehicles accessing the south parking lot traveling northbound
on the access easement.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: Easements are required around the perimeter of the site. Contact
Entergy for additional information.
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 water service must be met. 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). The facilities on-site will
be private. When meters are planned off private lines, private facilities shall be
installed to Central Arkansas Water’s material and construction specifications
and installation will be inspected by an engineer, licensed to practice in the State
of Arkansas. Execution of Customer Owned Line Agreement is required.
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
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
5
water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health and the Little Rock Fire Department is required. Contact
Central Arkansas Water regarding the size and location of 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
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 Central Arkansas Water. The test results must be
sent to Central Arkansas Water’s Cross Connection Section within ten (10) 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. Maintain a 20-foot wide access.
Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Approved as submitted.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-430 Planning District. The
Land Use Plan shows Office for this property. Office allows services provided
directly to consumers as well as general offices, which support more basic
economic activities. The applicant has applied for a rezoning from O-3, General
Office District to PD-C to allow construction of a restaurant with drive-through.
Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide
short distance travel within the urbanized area. Entrances and exits should be
limited to minimize negative effects of traffic and pedestrians on Kanis Road
since it is a Minor Arterial. These streets may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
6
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. A 9 foot wide perimeter landscaping strip is required along every perimeter of
the property.
3. An automatic irrigation system is required.
4. Other areas set aside appear to meet with minimal ordinance requirements.
5. 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: (August 4, 2011)
Joe White was present representing the application. Staff presented the item and
noted additional information was needed regarding signage, dumpster location
and service hours and any proposed outdoor dining area. Staff noted the order
board for the drive through needed to be screened to comply with Code. Staff
made note of the driveway at the south end of the site and asked if there was an
access easement or agreement to allow the driveway to cross onto the
neighboring bank property. Public Works and landscape comments were
discussed. Staff noted a variance would need to be requested to allow the east
driveway onto Kanis Road. Staff said the variance would be supported for the
right-out only driveway. The location and design of the internal driveway off of the
access easement was discussed. Mr. White stated he would work with staff to
address any concerns.
Staff asked the Committee if it would be appropriate to limit the approval to the
specifically proposed use, Panera Bread. Staff stated the plan showed a
restaurant with drive-through service. Concern was noted that some
drive-through restaurants generate much more traffic than others and this site
was not conducive to a drive-through with a large traffic volume. Public Works
staff stated their review was based on a Panera Bread restaurant which was not
anticipated to be a large drive-through traffic generator. They stated other
drive-throughs would have caused them to require a traffic study. Mr. White
stated he would prefer not to have the approval tied to a specific user.
Commissioner Rector asked if the approval could be tied to a specific traffic
number; such as that anticipated by the City’s Traffic Engineer to be generated
by the Panera Bread use. Staff replied they would look into the matter.
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
7
The applicant was advised to respond to staff issues by August 10, 2011. The
Committee determined there were no other issues and forwarded the item to the
full Commission.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing the issues raised
at the August 4, 2011, Subdivision Committee meeting. The revised plan has
addressed signage, dumpster location and service hours and any proposed
outdoor dining area. The request includes a deferral of the requested in-lieu
contribution for improvements to Kanis Road. The request also includes the
allowance of grading the entire land use buffer along the eastern perimeter.
The request is for approval of a PD-C to allow the construction of a restaurant
with drive-thru service. The building is proposed containing 4,400 square feet
and approximately 68 parking spaces. The site plan indicates an area of outdoor
dining located in front of the building containing 1,750 square feet. Parking for a
restaurant is based on one parking space per 100 gross square feet of building
space including outdoor dining areas. Based on the square footage proposed for
the restaurant within and outside the building a total of 61 parking spaces would
typically be required to serve the restaurant use.
Hours of operation are from 6:00 am to 9:00 pm Monday thru Saturday and
7:00 am to 8:00 pm on Sunday. The revised site plan indicates the placement of
a dumpster along the eastern perimeter of the site. The applicant has not limited
the hours of dumpster service. Staff recommends as long as the adjacent uses
to the east are residential the hours of dumpster service be limited to daylight
hours.
The request includes the placement of a pylon sign 36-feet in height and
160 square feet in area at the northwest corner of the property. Building signage
is proposed on the front façade of the building not to exceed ten (10) percent of
the façade area.
Access to the site will be from a shared driveway along the western edge of the
property and through the existing bank branch at the southwest corner of the
property to the rear parking area. The plan also includes a right-in/right-out drive
on Kanis Road. The applicant is requesting a variance from the driveway
spacing criteria to allow this exit driveway which is proposed at the northeast
corner of the property. According to the applicant the additional exit will allow
customers exiting the drive thru lane to turn right onto Kanis Road which will
allow more efficient circulation within the development.
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
8
The request includes a variance from the buffer ordinance requirements to allow
the eastern buffer to be graded and allow the utility easement to serve as the
required buffer. There is an existing sewer line located within the required buffer
area. The buffer ordinance states a minimum of seventy percent of the land use
buffer shall be undisturbed. The right of way of any utility easement shall not be
used in computing the depth or area of land use buffer in developments abutting
property used or zoned for single-family or two-family use under R-1, R-2, R-3,
R-4, PRD and PDR. The two properties located immediately east of the site are
presently being used as single-family.
Concerns have been raised regarding potential future restaurant users providing
drive-through service and traffic volumes generated by the potential future user.
The applicant has offered as a condition that any future restaurant user providing
drive-through service be reviewed by the City’s Traffic Engineer to determine the
potential traffic volumes produced by the user and the circulation impact of the
user on the site and any adjacent site or City street. Should the user and staff
not reach an agreement the item would then be reviewed by the Planning
Commission and Board of Directors as a revision to the PD-C zoning.
The applicant has not addressed staff’s concerns related to the internal
circulation of the site. Staff and the applicant are working to resolve this concern
and to provide the best overall circulation within the development to limit potential
impacts on the adjacent sites and the City’s street network.
I. STAFF RECOMMENDATION:
Staff recommendation is forthcoming.
PLANNING COMMISSION ACTION: (AUGUST 25, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had addressed their concerns related to the
internal circulation of the site. Staff stated the applicant had also addressed their
concerns related to a future user of the site by limiting the use of the property to Panera
Bread. Staff stated based on the revised site plan and limiting the use to this specific
user they were supportive of the request. Staff stated 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
presented a recommendation of approval of the variance request from the minimum
driveway spacing requirement to allow a right-in/right-out driveway located on Kanis
August 25, 2011
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4565-C
9
Road. Staff also presented a recommendation of approval of the variance request from
City’s Buffer Ordinance requirement to allow the eastern land use buffer to be cleared
and contained within a utility easement.
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 and 2 absent.
August 25, 2011
ITEM NO.: 3 FILE NO.: Z-6957-O
NAME: Lots 17 and 18, Colonel Glenn Centre Short-form POD
LOCATION: Located on proposed Lots 17 and 18, Colonel Glenn Centre,
#9 and #15 Remington Cove
DEVELOPER:
Remington Road Centre LLC
c/o McGetrick and McGetrick Engineers
10 Otter Creek Court, Suite A
Little Rock, AR 72210
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Court, Suite A
Little Rock, AR 72210
AREA: 3.22 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
CURRENT ZONING: O-3, General Office District
ALLOWED USES: Office
PROPOSED ZONING: POD
PROPOSED USE: Office-Warehouse/O-3, General Office District
VARIANCES/WAIVERS REQUESTED:
1. A variance from the City’s Land Alteration Ordinance to allow advanced grading of
the lots with the issuance of a building permit for one of the proposed buildings.
2. A variance from the Subdivision Ordinance to allow the creation of a four way
intersection closer than 75-feet from the curb line of the street.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning of 3.22 acres from O-3, General Office
District to POD to allow development of two lots with individual buildings
containing office warehouse uses. The buildings are proposed containing 15,500
August 25, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O
2
square feet. There are 53 parking spaces proposed on Lot 17 and 54 parking
spaces proposed on Lot 18. The maximum building height proposed is 28-feet.
The cover letter indicates the hours of operation will be 24-hours per day seven
(7) days per week.
B. EXISTING CONDITIONS:
The site is located in an area that is developing with new commercial, office and
light industrial uses. The properties immediately adjacent to the tract are zoned
O-3. A Conditional Use Permit was approved to allow development of the lot
located to the east of the site with office/showroom/warehouse. There are
undeveloped R-2, Single-family and I-1, Industrial zoned tracts located to the
east across Talley Road. Within the industrially zoned area recent approvals
have allowed the construction of a clinic and an office/warehouse. A 35-foot
wide Open Space zoned strip is located along the south perimeter of this tract.
The “OS” zoned tracts allows a buffer to the single family located across Talley
Road to the south. North of the site is the Arkansas Baptist Convention State
office. Further west of the site on Remington Drive is a hotel and Remington
College. Along Talley Road to the north are office uses, a hotel and Tractor
Supply.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
property owners located within 200-feet of the site and all residents, who could
be identified, located within 300 feet of the site were notified of the public
hearing. There is not an active neighborhood association located within the area.
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. 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.
3. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan.
August 25, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O
3
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. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must not
exceed 36 feet.
6. Show driveway locations on the north side of Remington Drive.
7. Provide a letter prepared by a registered engineer certifying the sight distance
at the intersections comply with 2004 AASHTO Green Book standards.
8. Retaining walls designed to exceed 15 feet in height are required to seek a
variance for construction. Provide proposed wall elevations.
9. In accordance with Section 31-210 (h)(12), access driveways running parallel
to the street shall not create a four-way intersection within 75 feet of the future
curb line of the street.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: Easements are required along Remington Drive and along the eastern
property line. Contact Entergy for additional information.
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 water service must be met. The Little Rock Fire Department needs to
evaluate the 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 expense of the developer. 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 and the Little Rock Fire
Department is required. Contact Central Arkansas Water regarding the size and
location of 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 requires that upon installation of the RPZA, successful
tests of the assembly must be completed by a Certified Assembly Tester licensed
August 25, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O
4
by the State of Arkansas and approved by Central Arkansas Water. The test
results must be sent to Central Arkansas Water’s Cross Connection Section
within ten (10) 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. Maintain a 20-foot wide access.
Contact the Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the 65th Street West Planning
District. The Land Use Plan shows Office for this property. Office allows
services provided directly to consumers as well as general offices, which support
more basic economic activities. The applicant has applied for a rezoning from
O-3, General Office District to POD to allow construction of an office/warehouse
building on each lot.
Master Street Plan: Remington Drive and Talley Road are both Local Streets.
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. These streets may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. A nine (9) foot wide perimeter landscaping strip is required along each
perimeter of the property.
3. A controlled automatic irrigation system is required.
August 25, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O
5
4. Prior to the issuance of a building permit, it will be necessary to provide
landscape plans stamped with the seal of a Registered Landscape Architect.
5. 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: (August 4, 2011)
Patrick McGetrick was present representing the application. Staff presented the
item and noted additional information was needed on building materials and
design, signage, days and hours of operation and dumpster screening and hours
of service. Staff made note of the 35-foot open space buffer along the rear of the
site and commented that protective fencing would need to be installed prior to
any activity taking place on the site. Staff asked if any alternate uses were being
requested. Mr. McGetrick responded that O-3, General Office District uses were
also requested. Public Works and landscape comments were discussed. Public
Works staff made note of the access driveways running parallel to the street that
created a four-way intersection located closer than 75 feet of the curb line of the
street. Mr. McGetrick stated he would work on the plan and may have to request
a variance to allow the driveway configuration.
The applicant was advised to respond to staff issues by August 10, 2011. The
Committee determined there were no other issues and forwarded the item to the
full Commission.
H. ANALYSIS:
Mr. McGetrick submitted a revised site plan to staff addressing the issues raised
at the August 4, 2011, Subdivision Committee meeting. The applicant submitted
the proposed building materials, design, signage, days and hours of operation
and dumpster screening as well as hours of service.
The development will operate 24-hours per day seven days per week. The
dumpster service hours will be limited to 7 am to 6 pm daily.
The applicant has indicated building signage and ground signage will comply with
signage typically allowed in office zones or a maximum of six (6) feet in height
and sixty-four (64) square feet in area for ground signage. Building signage will
be limited to ten (10) percent of the façade area on the façade along Remington
Cove. No signage is proposed on the façade abutting Talley Road.
August 25, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O
6
The revised cover letter indicates the buildings will be constructed of brick on all
four sides. There may be a combination of other materials on the building
including block, stucco and rock. The buildings are proposed with a pitch roof
covered with architectural shingles. Windows and glass will be used on all four
sides of the buildings. Overhead doors will be installed along the rear of the
buildings to allow access to the warehouse area.
The site plan indicates the placement of the dumpsters along the southern
perimeter of the site. A note is indicated on the site plan stating the dumpsters
will be screened via a wood fence or a brick enclosure.
The request is to add warehouse as an allowable use for the property retaining
the currently allowed O-3, General Office District uses as allowable uses for the
property. The site is proposed with development of two (2) 15,500 square foot
buildings. Lot 17 is proposed with 53 parking spaces. Lot 18 is proposed with
54 parking spaces. Based on office zoning a total of 38 parking spaces would
typically be required to serve an office use. Based on office/warehouse a total of
12 parking spaces would be required.
The request includes a variance to allow advanced grading of the site. The
applicant has indicated the buildings will be constructed individually but grading
must take place on both lots as development occurs. Previously the Commission
approved a variance to the City’s Land Alteration Ordinance to allow a larger
area including these lots to be cleared prior to development of the entire area. A
note on the site plan indicates the wall height proposed along the eastern
perimeter will comply with City standards with a maximum height of 15-feet.
The request also includes a variance from Section 31-210 (h)(12) to allow the
access driveway which is running parallel to the street to create a four-way
intersection within 75-feet of the future curb line of the street. The applicant has
located the intersection 65-feet from the back of curb.
The site plan indicates a 35-foot open space buffer along the rear of the site.
This area was a part of the original zoning and must be protected prior to
construction. Prior to construction the developer must install protective fencing
along the southern buffer and the fencing placement must be field verified by
staff prior to any construction activity taking place on the site.
Otherwise to staff’s knowledge there are no remaining outstanding technical
issues associated with the request. Staff feels the addition of office/warehouse
as an allowable use for the property will not significantly impact the development
or the area.
August 25, 2011
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-6957-O
7
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comment and conditions as outlined in paragraphs D, E and F of the agenda staff
report.
Staff recommends prior to construction the developer install protective fencing
along the southern 35-foot buffer and the fencing placement must be field verified
by staff prior to any construction activity taking place on the site.
Staff recommends approval of the variance request from Section 31-210(h)(12)
to allow the placement of the access drive as proposed.
Staff recommends approval of the Land Alteration Variance request to allow
grading of both lots with the issuance of a building permit for one of the proposed
buildings.
PLANNING COMMISSION ACTION: (AUGUST 25, 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 comment and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff presented a recommendation prior to construction the
developer install protective fencing along the southern 35-foot buffer and the fencing
placement was to be field verified by staff prior to any construction activity taking place
on the site. Staff presented a recommendation of approval of the variance request
from Section 31-210(h)(12) to allow the placement of the access drive as proposed.
Staff also presented a recommendation of approval of the Land Alteration Variance
request to allow grading of both lots with the issuance of a building permit for one of the
proposed buildings.
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 and 2 absent.
August 25, 2011
ITEM NO.: 4 FILE NO.: Z-8684
NAME: Hurd Short-form POD
LOCATION: Located at 201 and 203 North Van Buren
DEVELOPER:
John M. Hurd
7411 “H” Street
Little Rock, AR 72205
SURVEYOR:
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: PCD
PROPOSED USE: Single-family, General and Professional Office, Beauty Salon,
Mobile Canteen, Residence above Beauty Salon
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting to rezone this site from R-3, Single-family to PCD to
recognize existing uses and add a mobile canteen as an allowable use for the
site. The site contains a beauty shop which is operating at 201 North Van Buren.
The building is a two story building. There is a residence located above the
beauty salon. The site also contains a three bedroom dwelling located at
203 North Van Buren. The applicant is requesting the allowance of single-family
and general and professional office uses as allowable uses for this structure.
The additions to the site are the mobile canteen and a storage building. The
mobile canteen is proposed to be located adjacent to the residence. The
August 25, 2011
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-8684
2
portable storage building is proposed in the back yard shared by the beauty
salon and the single-family residence. The applicant is requesting the placement
of electrical services within the portable building to allow him to have access to
power when performing maintenance on site as well as to provide power to the
mobile canteen.
The mobile canteen operates from 11:00 am to 2:30 pm Monday through Friday.
The beauty shop operates seven days per week by appointment.
There are no exterior modifications proposed to the site. All parking is proposed
to remain as currently exists.
B. EXISTING CONDITIONS:
The site is located one block north of the Van Buren/West Markham Street
intersection. Along West Markham Street there are a number of commercial and
office uses including a convenience store, banks and restaurant uses. Also in
this area of West Markham Street is War Memorial Stadium, the Arkansas Health
Department and the Little Rock Zoo. Across Van Buren Street is a PD-O zoned
site which has developed as a doctor’s office. A property to the west is zoned
PCD which was developed as an extended stay hotel catering to the near by
medical facilities. Northwest of the site is a property zoned PCD which is also a
medical office use. The area to the east of the site is single-family.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
property owners located within 200-feet of the site, all residents, who could be
identified, located within 300 feet of the site and the Hillcrest Residents
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
A Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
2. A 20 foot radial dedication of right-of-way is required at the intersection of
North Van Buren Street and A Street.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
August 25, 2011
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-8684
3
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. All Central Arkansas Water requirements
in effect at the time of water service must be met. Contact Central Arkansas
Water regarding the size and location of 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 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
Central Arkansas Water. The test results must be sent to Central Arkansas
Water’s Cross Connection Section within ten (10) days of installation and
annually thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Maintain fire access. Contact the Little Rock Fire Department
for additional information.
County Planning: No comment received.
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights Hillcrest Planning
District. The Land Use Plan shows Suburban Office for this property. Suburban
Office provides for low intensity development of office or office parks in close
proximity to lower density residential areas to assure compatibility. A Planned
Zoning District is required. The applicant has applied for a rezoning from R-2,
Single-family to PCD to allow single family, beauty shop, mobile canteen and
office uses.
August 25, 2011
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-8684
4
Master Street Plan: Van Buren Street is a Minor Arterial. A Minor Arterial
provides connections to and through an urban area and their primary function is
to provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on Van
Buren Street since it is a Minor Arterial. “A” 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. These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to
the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. If/when parking is required; the associated landscaping must also be installed
per Chapter 15, the Landscape Ordinance requirements.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger
G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011)
The applicant was not present. Staff presented the item and noted there were
few outstanding issues. Staff stated they would contact the applicant to go over
the issues. Staff noted there was a mobile diner parked on the site that was part
of the PZD request. Staff commented that the City typically required that mobile
diner be removed from the site at the end of each business day. The Committee
agreed that this mobile diner should be treated as any other in the City and
should comply with the procedures, including removal of the unit from the site
each day. Staff noted that any conversion of the residence into an office use
would require the installation of a properly paved and landscaped parking lot.
Public Works and landscape comments were noted.
The Committee forwarded the item to the full Commission.
August 25, 2011
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-8684
5
H. ANALYSIS:
There were no issues raised at the August 4, 2011, Subdivision Committee
meeting. The request is to rezone the site from R-3, Single-family to PCD to
recognize existing uses and add a mobile canteen as an allowable use for the
site and allow a storage building to connect to electrical service.
On the site there is a beauty shop which is within a two story building. The salon
is located on the first floor with a residence located on the second level. There is
also a three bedroom residence on site. Within the rear yard area the owner has
constructed a storage building to be used for storage of yard equipment. Within
the side yard area of the single-family home a mobile canteen is set up and
serves lunch daily.
In addition, the request includes the allowance of single-family and general and
professional office uses as allowable uses for the three bedroom residential
structure. Staff recommends should the house be converted from residential to
an office use staff and the applicant review the proposed office use and the
potential impact of parking on the site. At the time of change in use a paved
parking area will be required to be installed. All improvements must comply with
the City’s landscape ordinance requirements.
The mobile canteen operates from 11:00 am to 2:30 pm Monday through Friday.
The beauty shop operates seven days per week by appointment. The City
requires mobile canteens to remain hooked to the vehicle and be removed from
the site on a daily basis. Staff recommends the mobile canteen on this site
comply with typical City standard and be removed from the site on a daily basis.
The applicant has not requested signage for the development. Staff
recommends ground signage be limited to signage allowed in office zones should
the residential structure be converted to an office use (six feet in height and sixty-
four square feet in area). Building signage should be limited to a maximum of ten
percent of the front façade abutting Van Buren Street. Staff recommends the
salon be allowed signage on the front façade limited to ten percent of the façade
area abutting Van Buren Street.
There are no exterior modifications proposed to the site. All parking is proposed
to remain as currently exists. To staff’s knowledge there are no outstanding
technical issues associated with the request. Staff does not feel the rezoning to
POD to add the uses as proposed by the applicant will significantly impact the
site or the area.
August 25, 2011
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-8684
6
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 should the house be converted from residential to an office
use staff and the applicant review the proposed office use and the potential
impact of parking on the site. At the time of change in use installation of a paved
parking area will be required. All improvements must comply with the City’s
landscape ordinance requirements.
Staff recommends the mobile canteen be removed from the site on a daily basis.
PLANNING COMMISSION ACTION: (AUGUST 25, 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. Staff presented a recommendation that should the house be
converted from residential to an office use staff and the applicant would review the
proposed office use and the potential impact of parking on the site. Staff stated at the
time of change in use installation of a paved parking area would be required and all
improvements were to comply with the City’s landscape ordinance requirements. Staff
presented a recommendation the mobile canteen be removed from the site on a daily
basis.
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 and 2 absent.
August 25, 2011
ITEM NO.: 5 FILE NO.: Z-8685
NAME: Watts Short-form POD
LOCATION: Located at 11517 Kanis Road
DEVELOPER:
James A Watts
10 Edgestone
Little Rock, AR 72205
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.53 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential, Non-conforming general and
professional office and office warehouse
PROPOSED ZONING: PCD
PROPOSED USE: General and Professional Office, Office Warehouse and O-3,
General Office Use
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The site contains three buildings which have a history of non-residential uses.
Building 1 contains 1,250 square feet and was originally constructed in 1957 as a
brick and frame single-family home. The building is currently being used as a
pediatric therapy clinic and office. Building 2 is a 3,000 square foot metal
building constructed in 1978 and is currently being used as an office, shop and
warehouse. Building 3 contains 6,000 square feet and was constructed in 1980.
This building is being used as an office, shop and warehouse. The proposed
future uses of the site are O-3, General Office District uses. In addition the use
August 25, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-8685
2
of Buildings 2 and 3 are proposed as office warehouse, office shop or a
contractors office with all uses being inside the building.
There are no immediate modifications or upgrades proposed to the existing
buildings or the site other than required maintenance and repairs.
B. EXISTING CONDITIONS:
The property contains a single-family residence which has been converted to an
office use and two metal buildings which are currently being used as
office/warehouse uses. The property to the east is undeveloped O-3, General
Office District zoned property. Southeast of the site is an office building. South
is a property zoned POD which was recently approved for development of a
parking lot to serve the adjacent office use. There are two properties zoned POD
located to the west of the site. One has developed with an office building serving
multiple office users. The second is a daycare center which is located in a
converted single-family residential structure. North of the site across Kanis Road
are two properties zoned POD which are office and office warehouse uses.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
property owners located within 200-feet of the site, all residents, who could be
identified, located within 300 feet of the site, the Gibralter Heights Neighborhood
Association and the John Barrow Neighborhood Association were notified of the
public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
2. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvement to Kanis Road including
5-foot sidewalk with the planned development. The new back of curb should
be located 29.5 feet from centerline. An in-lieu payment was received for
construction of boundary street improvements for the neighboring property to
the west at 11523 Kanis Road.
3. An access easement should be provided across the property to the west at
11523 Kanis Road.
August 25, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-8685
3
4. Vegetation must be removed from right-of-way adjacent to neighboring
properties to improve sight distance for the east driveway.
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 water service must be met. 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). The facilities on-site will
be private. When meters are planned off private lines, private facilities shall be
installed to Central Arkansas Water’s material and construction specifications
and installation will be inspected by an engineer, licensed to practice in the State
of Arkansas. Execution of Customer Owned Line Agreement is required.
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 and the Little Rock Fire Department is required. Contact
Central Arkansas Water regarding the size and location of 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
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 Central Arkansas Water. The test results must be
sent to Central Arkansas Water’s Cross Connection Section within ten (10) days
of installation and annually thereafter. Contact the Cross Connection Section at
377-1226 if you would like to discuss backflow prevention requirements for this
project.
Fire Department: Approved as submitted.
County Planning: No comment.
August 25, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-8685
4
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-430 Planning District. The
Land Use Plan shows Office for this property. Office allows services provided
directly to consumers as well as general offices, which support more basic
economic activities. The applicant has applied for a rezoning from R-2, Single-
family to POD to allow use of the existing buildings for O-3, General Office
District uses, clinic, office, office warehouse or contractor’s office.
Master Street Plan: Kanis Road is a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide
short distance travel within the urbanized area. Entrances and exits should be
limited to minimize negative effects of traffic and pedestrians on Kanis Road
since it is a Minor Arterial. These streets may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. No comments; any redevelopment of the site will require compliance with
both the City’s Landscape and Buffer Ordinances.
2. 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: (August 4, 2011)
The applicant, James Watts, was present. Staff presented the item and noted
additional information was needed regarding days and hours of operation and
signage. Staff commented that any expansion of office users could require the
addition of more parking on the site and that parking would have to be properly
paved and landscaped. Mr. Watts stated he agreed. Public Works and landscape
comments were noted. It was explained that required right-of-way dedication
would be accomplished in conjunction with this rezoning but street improvements
and landscaping would be done with any redevelopment on the site. Staff made
August 25, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-8685
5
note of any area of overgrown landscaping that needed to be cut back or
removed to address sight-distance concerns.
The applicant was advised to respond to staff issues by August 10, 2011. The
Committee determined there were no other issues and forwarded the item to the
full Commission.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing the issues raised
at the August 4, 2011, Subdivision Committee meeting. The revised cover letter
indicates signage will comply with the City’s Sign Ordinance. The applicant has
also indicated should an office use locate on the site which generates parking
greater than the existing parking located on site then additional parking will be
will be constructed to City standard.
The site contains three buildings which have a history of non-residential use.
The request is to rezone the site from R-2, Single-family to PCD to recognize
these historic non-residential uses of the three buildings. Building 1 contains
1,250 square feet and was originally constructed as a brick and frame
single-family home. The building is currently being used as a pediatric therapy
clinic office. Building 2 is a 3,000 square foot metal building. Building 3 contains
6,000 square feet. Buildings 2 and 3 are being used as an office, shop and
warehouse. The proposed future uses of the site is O-3, General Office District
uses for all three buildings. In addition the use of Buildings 2 and 3 are proposed
as office warehouse, office/shop or a contractors office with all uses being inside
the building.
There are no immediate modifications or upgrades proposed to the existing
buildings or the site other than required maintenance and repairs. Staff is
supportive of the applicant’s proposal. The rezoning is to recognize existing uses
of the site. Upon redevelopment of the site the applicant will be required to
comply with the typical standards of the various City ordinances.
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.
August 25, 2011
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-8685
6
PLANNING COMMISSION ACTION: (AUGUST 25, 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 for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes,
0 noes and 2 absent.
August 25, 2011
ITEM NO.: 6 FILE NO.: Z-8686
NAME: Elmwood Condominiums Short-form PD-R
LOCATION: 600 North Elm Street
DEVELOPER:
Tim Heiple
319 President Clinton #210
Little Rock, AR 72201
ENGINEER:
Central Arkansas Engineering
1012 Autumn Road, Suite 2
Little Rock, AR 72211
AREA: 0.189 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: 3-unit condominium building
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The property was renovated in 2008 converting a five (5) unit apartment building
into a three (3) unit condominium. The property is zoned R-2, Single-family with
a non-conforming use of R-5. The renovation of the structure was completed
and all the units have sold or have a sale pending. The property owner is now
requesting to remove the non-conforming zoning classification for the property
and rezone the property to PD-R to recognize the three unit use which currently
exists. There are no changes to the exterior of the buildings, parking or
landscaping.
August 25, 2011
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8686
2
B. EXISTING CONDITIONS:
The property is a three unit condominium building located on the northwest
corner of Woodlawn and Elm Streets. The area contains a number of uses
including multi-family, single-family churches and a City of Little Rock park.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area resident. All
property owners located within 200-feet of the site, all residents, who could be
identified, located within 300 feet of the site and the Hillcrest Residents
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20 foot radial dedication of right-of-way is required at the intersection of
Woodlawn Avenue and Elm Street.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy. The sidewalk along Woodlawn
Avenue is damaged and should be repaired.
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. All Central Arkansas Water
requirements in effect at the time of water service must be met. Contact Central
Arkansas Water regarding the size and location of all connections including
metered connections off the private fire system.
Fire Department: Approved as submitted.
County Planning: No comment.
August 25, 2011
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8686
3
CATA: Approved as submitted. The site is not located on a dedicated CATA
Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights Hillcrest Planning
District. The Land Use Plan shows Residential Low Density for this property.
Residential Low Density is for single family homes at densities no greater than
six dwelling units per acre. The applicant has applied for a rezoning from R-2,
Single-family to PDR to recognize existing use as a three-unit residential
condominium.
Master Street Plan: Lee Avenue is a Collector. The primary function of a
Collector Street is to provide a connection from Local Streets to Arterials. North
Elm 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. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. No comments; existing no changes.
G. SUBDIVISION COMMITTEE COMMENT: (August 4, 2011)
The applicant, Tim Heiple, was present. Staff presented the item and noted there
were no issues. Public Works staff noted the right-of-way dedication for the
radius at the intersection and commented that there was an area of the sidewalk
that needed repair.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
H. ANALYSIS:
There were no outstanding technical issues in need of addressing raised at the
August 4, 2011, Subdivision Committee meeting. The applicant has provided in
August 25, 2011
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8686
4
writing an agreement to dedicate right of way, and repair the sidewalk as
requested by Public Works staff.
The request is a rezoning from the current R-2, Single-family zoning classification
to PD-R to recognize an existing three (3) unit condominium development. The
property was previously five (5) units with a non-conforming R-5 status. The
applicant began renovations in 2008 reducing the number to three (3).
The site is a developed site. There are no changes to the exterior of the
buildings, parking or landscaping. The site as presently developed works for the
tenants of the building. To staff’s knowledge there are no remaining outstanding
technical issues associated with the request. Staff does not feel the rezoning to
PD-R to recognize this existing use will 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: (AUGUST 25, 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 for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes,
0 noes and 2 absent.
August 25, 2011
ITEM NO.: 7 FILE NO.: LA-0039
NAME: Lots 1 – 3 Chenal/Kanis Subdivision Advanced Grading Request
LOCATION: NW corner of Chenal Parkway and Kirk Road
APPLICANT: Chenal Kirk LLC.
APPLICANT’S REPRESENTATIVE: White-Daters and Associates
AREA: 4.1 Acres
CURRENT ZONING: C3 – General Commercial District
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to advance grade without construction being imminent.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
advance fill and grade 4.1 acres at approximately 16,900 Chenal Parkway
without construction being imminent. The site is located on the north side of
Chenal Parkway west of Kirk Road. The 4.1 acres is zoned C-3, General
Commercial District. The applicant desires to excavate material from the entire
site to balance the cut and fill material on site. After grading is completed, a
private east west driveway will be constructed from Kirk Road to Chenal
Parkway. The applicant proposes to maintain a 25 foot buffer along Chenal
Parkway. Once the site is cleared and the grading is completed, the applicant
will re-vegetate all disturbed areas.
B. EXISTING CONDITIONS:
The 4.1 acre site consists of mature trees. No permits have been issued for
development. The property is located on the northside of Chenal Parkway and
west of Kirk Road. The area to be cleared is across the street from the Kanis
Road West/Chenal Parkway intersection. The property located to the north of
the subject property is wooded, undeveloped, and zoned C-3, General
Commercial District. The property located to the west of the subject property
across Chenal Parkway is wooded, undeveloped, and zoned C-3, General
Commercial District. The properties located to the south across Chenal Parkway
are cleared, undeveloped, and zoned C-3, General Commercial District and
PCD. The property located to the east is the Shell gas station. East across Kirk
Road, the properties are developed with offices and zoned C-3, General
Commercial District.
August 25, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: LA-0039
2
C. NEIGHBORHOOD COMMENTS:
Notifications of the advanced grading application were sent to the Parkway Place
Property Owners Association and the St. Charles Community Association. 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. Are on-site streets or driveways proposed to be constructed without delay
when advanced grading activity is completed?
2. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
3. 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 other purpose.
4. Vegetation must be established on disturbed area within 21 days of
completion of land alteration activities.
5. Erosion controls must be installed to reduce discharge of polluted stormwater.
6. Provide location of vehicle tracking pad constructed per Little Rock Code
Section 29-190(12). Access is recommended to be taken from the
transmission line easement if the on-site driveways will not be installed
following advanced grading activities.
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. A perimeter buffer strip of
40 feet is recommended to be temporarily maintained along Chenal Parkway
and next to Shell Gas Station.
8. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
E. SUBDIVISION COMMITTEE:
The applicant’s representative, Joe White, was present. Staff presented an
overview of the variance application stating the applicant’s desire to advance
grade and fill the site. There was no further discussion of the item. The
Committee then forwarded the item to the full Commission for final action.
August 25, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: LA-0039
3
F. ANALYSIS:
The 4.1 acre site is wooded and located on the north side of Chenal Parkway just
west of Kirk Road. The applicant is requesting to advance grade the site without
imminent construction. A variance is requested from the Planning Commission
for the advanced grading to occur because construction is not imminent.
Imminent construction is defined by the Land Alteration Regulations as the
installation of a foundation or erection of a structure without unreasonable delay
following land alteration activities. The applicant does plan to construct an east-
west driveway from Chenal Parkway to Kirk Road along the northern property
line which does not meet the definition of imminent construction.
The construction access to the site is planned by the applicant to be taken from
Kirk Road by way of the transmission line easement due to the curvature of
Chenal Parkway. The applicant has also revised the application to maintain a
buffer strip of 40 ft from Chenal Parkway and adjacent to the Shell Gas Station.
This buffer will be protected by orange fencing. The applicant plans to remove
underbrush (vegetation less than 6 inches DBH) and limb up the trees within the
buffer strip. The applicant will also re-vegetate all disturbed areas within 21 days
of completion of site work.
Investigating other areas near this site, advanced grading has already occurred
on properties located to the south, southwest, and northwest of the site. These
sites have already been cleared. Some of the properties have construction
material stockpiled. Staff has been told the material will be removed off those
properties to the south in the near future following completion of construction of
Kirk Road south, the bridge, and site preparation work at Southwest Power Pool.
G. RECOMMENDATION:
Staff recommends approval of this variance application. Other properties in the
area have been given similar approvals. The applicant is proposing to construct
a driveway from Kirk Road to Chenal Parkway following the advanced grading.
The applicant is also proposing to maintain a 40 foot temporary buffer strip.
If the variance application is approved, staff would recommend the approval be
subject to the following conditions:
1. A grading permit will not be issued for the advanced grading until grading and
drainage plans for the site and proposed private driveway are approved.
2. Erosion controls must be installed to reduce discharge of polluted stormwater
into Rock Creek.
3. At the completion of advanced grading and filling, all disturbed areas should
be mulched and revegetated within 21 days.
August 25, 2011
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: LA-0039
4
4. A perimeter buffer strip of 40 feet is recommended to be temporarily
maintained along Chenal Parkway and next to Shell Gas Station. Underbrush
located within the buffer strip can be removed along with limbing up the low
lying trees.
PLANNING COMMISSION ACTION: (AUGUST 25, 2011)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval. Staff stated the applicant was
proposing to construct a driveway from Kirk Road to Chenal Parkway following the
advanced grading. Staff stated the applicant was also proposing to maintain a 40-foot
temporary buffer strip.
Staff stated there recommendation of approval was subject to the following conditions:
1. A grading permit would not be issued for the advanced grading until grading and
drainage plans for the site and proposed private driveway are approved.
2. Erosion controls are to be installed to reduce discharge of polluted stormwater into
Rock Creek.
3. At the completion of advanced grading and filling, all disturbed areas are to be
mulched and revegetated within 21 days.
4. A perimeter buffer strip of 40 feet was to be temporarily maintained along Chenal
Parkway and next to Shell Gas Station. The underbrush located within the buffer
strip is allowed to be removed along with limbing up the low lying trees.
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 and 2 absent.
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There being no further business before the Commission, the meeting was
adjourned at 4:12 p.m.
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