pc_02 05 2009sub
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
FEBRUARY 5, 2009
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present there being ten (10) members present.
II. Members Present: J. T. Ferstl
Troy Laha
Jeff Yates
Jerry Meyer
William Rector
Chauncey Taylor
Obray Nunnley, Jr.
“Goose” W. Changose
Billy Rouse
Candice Smith
Members Absent: Pam Adcock
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 18, 2008 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
FEBRUARY 5, 2009
OLD BUSINESS:
Item Number:
File Number:
Title:
A. S-1622 Skyhawk Circle Preliminary Plat, located at 4500 Skyhawk
Circle.
B. S-502-J
John Barrow Addition Replat Lots 10R – 13R, Block 71 and
Right of Way Abandonment for Zion Street, located on the
Northeast Corner of West 38th and Zion Streets.
C. Z-6640-A Bailey Revised Short-form POD, located at 1723 North
University Avenue.
D. Z-2725-B McGee Short-form PID, located at 8624 I-30.
E. S-1280-M Valley Falls Estates Collector Street Deferral, located on the
East side of Valley Falls Estates abutting Lots 13A – 13D
and Lots 14 - 18.
F. LU08-19-02 Land Use Plan Amendment – Chenal Planning District,
located on the East side of Rahling Road, South of Pebble
Beach Drive, a change from Low Density Residential and
Single-family to Multi Family, Commercial, Office, Single
Family and Open Space.
F.1. Z-8165-A Revision to previously approved rezoning application,
located on the East side of Rahling Road, South of Pebble
Beach Drive.
Agenda, Page Two
NEW BUSINESS:
I. PRELIMINARY PLATS:
Item Number:
File Number:
Title:
1. S-1432-A Stagecoach Crossing Preliminary Plat, located on the
Southeast corner of Baseline Road and Stagecoach Road.
2. S-1494-A Blankenship’s Addition Replat Lots 10 R – 11R, Block 2,
located on the Southeast corner of Leander Drive and
Vogler Street.
3. S-1628 Cantrell Road at LaMarche Drive Subdivision Preliminary
Plat, located at the intersection of Cantrell Road and
LaMarche Drive/Taylor Loop Road West on the North side
of Cantrell Road.
II. PLANNED DEVELOPMENTS:
Item Number:
File Number:
Title:
4. Z-5742-B Hearne Building Short-form PCD, located at 1001 Wright
Avenue.
5. Z-6120-O Governor’s Manor Revised PD-R, located at 38
Pennsylvania Court.
6. Z-8310-A Smith Development Revised Short-form PCD, located at
7801 Cantrell Road and 2200 Watt Street.
7. Z-7876-A Parrot Bay Pools Short-form PCD, located South of
Stagecoach Road and West of Sibley Hole Road and East
of I-430.
8. Z-8425 Barber Short-form PID, located at 2011 East Roosevelt
Road.
Agenda, Page Three
III. OTHER ITEMS:
Item Number:
File Number:
Title:
9. G-23-406 Chicot Road – Abandonment of excess right of way,
located on the West side of Chicot Road at University
Avenue.
10. G-23-407 Asbury Road Right of Way Abandonment, located South of
Kanis Road adjacent to Lots 10, 11 and 13 - 16 Asbury
Acres.
February 5, 2009
ITEM NO.: A FILE NO.: S-1622
NAME: Skyhawk Circle Preliminary Plat
LOCATION: Located at 4500 Skyhawk Circle
DEVELOPER:
Rebekah Price
4500 Skyhawk Circle
Little Rock, AR
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 6.78 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PD-C – Current request to revoke the zoning and restore
R-2, Single-family
PLANNING DISTRICT: 19 - Chenal
CENSUS TRACT: 42.11
VARIANCES/WAIVERS REQUESTED: A variance to allow the creation of lots utilizing
private streets, Section 31-231.
The applicant requested on October 13, 2008, this item be deferred to the
December 18, 2008, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2008)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request on October 15, 2008,
requesting the item be deferred to the December 13, 2008, public hearing. Staff stated
they were supportive of the deferral request.
February 5, 2009
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1622
2
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the Consent Agenda for deferral as recommended by staff.
The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position.
STAFF UPDATE:
The applicant contacted staff on December 3, 2008, requesting a deferral of this item to
the February 5, 2009, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was not present. Staff presented the item stating the applicant had
contacted them on December 3, 2008, requesting a deferral of the item to the
February 5, 2009, public hearing. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion of approval
of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes,
2 absent and 3 open positions.
STAFF UPDATE:
The applicant has not contacted staff concerning this request since the previous public
hearing. Staff recommends this item be deferred to the March 19, 2009, public hearing.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had not contacted them concerning the request
since the previous public hearing. Staff presented a recommendation the item be
deferred to the March 19, 2009, public hearing.
There was no further discussion of the item. The Chair entertained a motion for
approval of the Consent Agenda as presented by staff. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
February 5, 2009
ITEM NO.: B FILE NO.: S-502-J
NAME: John Barrow Addition Replat Lots 10R – 13R, Block 71 and Right of Way
Abandonment for Zion Street
LOCATION: Located on the Northeast Corner of West 38th and Zion Streets
DEVELOPER:
James McDaniel
P.O. Box 250
Sweet Home, AR 72164
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.517 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
CURRENT ZONING: R-3, Single-family
PLANNING DISTRICT: 10 – Boyle Park
CENSUS TRACT: 24.06
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant requested on December 2, 2008, this item be deferred to the February 5,
2009, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was not present. Staff presented the item stating the applicant had
contacted them on December 2, 2008, requesting a deferral of the item to the
February 5, 2009, public hearing. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion of approval
of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes,
2 absent and 3 open positions.
February 5, 2009
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-502-J
2
STAFF UPDATE:
The applicant has not contacted staff concerning this request since the previous public
hearing. Staff recommends this item be deferred to the March 19, 2009, public hearing.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had not contacted them concerning the request
since the previous public hearing. Staff presented a recommendation the item be
deferred to the March 19, 2009, public hearing.
There was no further discussion of the item. The Chair entertained a motion for
approval of the Consent Agenda as presented by staff. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
February 5, 2009
ITEM NO.: C FILE NO.: Z-6640-A
NAME: Bailey Revised Short-form POD
LOCATION: Located at 1723 North University Avenue
DEVELOPER:
Mary Jane Bailey
2112 County Club Lane
Little Rock, AR 72207
SURVEYOR:
Ollen Dee Wilson
P.O. Box 604
North Little Rock, AR 72115
AREA: 0.14 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: POD
ALLOWED USES: Bailey Real Estate and Insurance Office, Single-family
PROPOSED ZONING: Revised POD
PROPOSED USE: General and Professional Office, Single-family
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 18,014, adopted by the Little Rock Board of Directors on May 18, 1999,
rezoned this site from R-2, Single-family to POD for the applicant’s use of the single-
family residential structure as a real estate office and insurance office and single-family
as an alternative use. The office use of the property could not be transferred to a future
office user without approval of an ordinance revising the POD. The hours of operation
were approved from 8:00 am to 5:30 pm Monday through Friday, with some weekend
activity.
The Board of Directors also approved a deferral of the right of way dedication for
Cantrell Road and University Avenue and the required street improvements until the
property was redeveloped. The specifics of the deferral were for right of way dedication
on Cantrell Road and University Avenue beyond dedication to 30 feet on Cantrell Road
February 5, 2009
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-6640-A
2
and 27 feet on University Avenue. The deferral included a deferral of the improvements
of the corner radius and a 5 foot sidewalk on University Avenue. (Ordinance No. 18,015
adopted May 18, 1999)
A. PROPOSAL/REQUEST:
The applicant is now requesting a revision to the POD to allow the site to be
marketed to general and professional office users. The applicant is requesting
single-family as an allowable alternative use for the property. There are no
exterior changes proposed for the site. The site contains three (3) parking
spaces accessed from the alley. The structure is a single story frame residential
structure containing 1,294 square feet. The hours of operation are proposed as
were previously approved.
B. EXISTING CONDITIONS:
The site contains a 1,294 square foot structure currently occupied by Bailey Real
Estate Company. Access to the site is gained by utilizing an existing 20 foot
alley which is located along the east property line. Three parking spaces have
been constructed within the rear yard area and a screening fence has been
located along the southern property line. There are single-family residences
located immediately south of the site, across the alley to the east and across
University Avenue to the west and northwest. Office and commercial uses are
located across Cantrell Road to the north.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several 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 and the
Heights Neighborhood Association, the Forest Park Neighborhood Association
and the Normandy Shannon Property Owners Association were notified of the
Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. University Avenue is classified on the Master Street Plan as a principal
arterial. Future dedication of right-of-way will be 65 feet from centerline due
to the arterial-arterial intersection when the property re-develops. No
dedication is required with this application.
February 5, 2009
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-6640-A
3
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required.
Fire Department: No comment.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #21 – the University Avenue
Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights Hillcrest Planning
District. The Land Use Plan shows Low Density Residential for this property.
The applicant has applied for Revised Short-form POD. The request does not
change the structures and maintains the office use with the possibility of
returning to single-family use, no Land Use Plan amendment is required.
Master Street Plan: Cantrell Road and University Avenue are both Principal
Arterials. 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 both of these streets since they are Principal Arterials. 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 in the immediate vicinity.
Neighborhood Action Plan: This area is covered by the Heights Neighborhood
Plan. The Zoning Goal states: “Require all non-residential development to
submit a PZD for zoning changes. We do not support any zoning changes that
are in conflict with the Future Land Use Plan. Any change must be consistent
with the character of the neighborhood.”
February 5, 2009
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-6640-A
4
Landscape: No comment on the proposed change in the allowable use of the
property.
G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008)
The applicant was not present. Staff presented the item stating the request was
to change the proposed use of the property. Staff stated the original application
allowed Ms. Bailey to operate her real estate office from the site as well as an
insurance office. Staff stated the approval was not a transferable use. Staff
stated the request was now to offer the site for sale to general and professional
office users. There being no further issues for discussion, the Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
There were no issues raised at the October 9, 2008, Subdivision Committee
meeting in need of addressing. The applicant is proposing a revision to the
previously approved Planned Office Development, POD, to allow the use of this
site as a general and professional office use. The previous approval limited the
office zoning to the applicant’s occupancy and did not allow for the office use to
transfer to future users. The cover letter indicates potential users are real estate,
insurance, investment firm, law office, etc. The hours of operation are proposed
as previously approved from 8:00 am to 5:30 pm Monday through Friday with
some weekend activity.
Staff is not supportive of the proposed change to allow a general and
professional office user without knowing the specifics of the future user. The
original approval was limited to Bailey Real Estate and Insurance. The hours of
operation were restricted and the number of employees was also restricted. Real
estate and insurance office uses typically do not generate a great deal of
customer traffic which lessen the need for parking. This may not be the case of a
future office user. Single-family was approved as an alternative use for the
property.
Staff was not supportive of the original application and staff is not supportive of
the current request. The reason for staff’s non-support are similar to concerns
raised with the initial application. Staff has concerns with the limited number of
parking spaces. The site contains three parking spaces and the request includes
the allowance of three employees. If all employees are on-site there is no place
for customers to park without blocking the alley or driveway, which was a
concern with the original application. Also as previously stated staff feels the
residential boundary lines have been established over the years in this area and
should be maintained. There have been requests to allow the conversion of
homes and structures to office and commercial uses along the south side of
Cantrell Road in this area over the past few years. Staff has consistently not
supported these request or inquiries. Staff feels an office use in this area is not
appropriate and is not compatible with the adjacent single-family homes.
February 5, 2009
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-6640-A
5
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2008)
Ms. Mary Jane Bailey was present representing the request. There were registered
objectors present. Staff presented the item with a recommendation of denial.
Ms. Bailey addressed the Commission on the merits of her request. She stated she
was going to try to address staff’s primary objections. She stated the site was different
than the remaining homes on the south side of Cantrell Road such that the home faced
University Avenue and did not face an adjoining home. She stated the home was
cut-off from the remainder of the neighborhood by the median on University Avenue.
She stated the site had three parking spaces, which served the needs of the office use.
She stated the UPS and Postman used the parking lot area to serve the homes fronting
on University Avenue since there was no front access to the homes on University
Avenue. She stated the future uses of the site would be limited by the zoning. She
stated the hours of operation, the number of employees and the use of the building
would be a condition of the approval. Ms. Bailey provided the Commission with letters
of support for the request indicating the office use had not impacted the adjoining
residential homes.
Ms. Ruth Bell addressed the Commission in opposition. She stated she was
representing the League of Women Voters on the issue and the League felt the site
should not be allowed to become office. She stated the site was a viable site as a
residential use. She stated the homes in the area were different than the Heights area
in that the homes were affordable. She stated if the property was opened up for more
intense use this would most definitely impact the future uses of the adjoining homes and
the possibility of these homes also becoming a non-residential use.
Ms. Bailey stated the limits would be a part of the approval. She stated the hours of
operation would not change, the site would be limited to three employees and the uses
anticipated were quiet office uses.
The Commission questioned Ms. Bailey as to potential tenants. She stated she had
received calls from an attorney, a CPA and a counselor. The Commission questioned if
Ms. Bailey would consider withdrawing the item until she had a buyer. Ms. Bailey stated
this was not acceptable. She stated without the zoning she would not be able to sell the
February 5, 2009
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-6640-A
6
site. The Commission questioned if she was willing to defer the item and come back to
the Commission when she had a potential buyer for the property. She stated this was
acceptable. The Commission questioned if the application were denied would she be
limited to the one year rule for filing a new application. Staff stated they felt if she had a
user then a new application could be filed within one year of the denial because the
application would be substantially different.
There was a general discussion as to when the item would come back to the
Commission. Commissioner Adcock requested a deferral of the item to the February 5,
2009, public hearing. A motion was made to defer the item to the February 5, 2009,
public hearing. The motion carried by a vote of 10 ayes, 0 noes, 0 absent and 1 open
position.
STAFF UPDATE:
The applicant has contacted staff requesting a deferral of this item to the March 19,
2009, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was not present. There were no registered objectors present. Staff
stated the applicant had contacted them requesting a deferral of the item to the March
19, 2009, 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 Consent Agenda as presented by staff. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
February 5, 2009
ITEM NO.: D FILE NO.: Z-2725-B
NAME: McGee Short-form PID
LOCATION: Located at 8624 I-30
DEVELOPER:
Newman McGee
901 Towne Oak Drive
Little Rock, AR 72227
ENGINEER:
Mehlburger Engineering
1218 West 3rd Street
Little Rock, AR 72201
AREA: 3.55 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF
CURRENT ZONING: I-2, Light Industrial District
ALLOWED USES: Light Industrial Uses
PROPOSED ZONING: PID
PROPOSED USE: I-2, Light Industrial District Uses and a specified list of
additional uses
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
An application for rezoning of this site from I-2, Light Industrial District to C-3, General
Commercial District was withdrawn by the Planning Commission at their November 13,
2008, public hearing.
APPLICANT’S STATEMENT:
For the past thirty years one of the major activities of the Professor Bowl has been to
provide social activities for youth and adults. Social dance is a popular activity for
groups such as school celebrations or reunions, holiday groups and parties, birthday
parties, family reunions, company business and church meetings. Dancing and music
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
2
have always been and will be held to social acceptable standards and predicated on the
principles of socially approved human behavior. Dance for youth groups is always
under the guidance of counselors or teachers with adult supervision. Dancing by adult
groups is strictly social with no suggestive sexual display. Dancing for entertainment or
audiences or to illicit responses from audiences will be prohibited. No nudity or sexual
explicit gestures will be allowed. Accompanying music is associated with the social
atmosphere and the dance activity. Music will be ninety percent recorded. However,
some groups may request to bring in live music from the local area or even from their
group membership. A recoding studio is planned for local amateur talent to learn about
and record personal material and for party activities.
A. PROPOSAL/REQUEST:
The applicant is proposing to rezone the site from I-2, Light Industrial District to
PID to allow the site to be used for future development with a specific list of uses
and the allowance of the underlying I-2, Light Industrial District uses. The uses
identified by the applicant as potential uses include Inside eating place with bar,
Auctions and fundraisers for charity, Studio, broadcast/recording, Recorded/live
music/dance, Activities, group meeting, birthday parties. There are no
modifications proposed to the parking area. Only cosmetic repairs will be
completed to the exterior of the building.
B. EXISTING CONDITIONS:
There is a one-story vacant commercial building located within the east half of
the property. The building was previously used as a bowling facility. There is
paved parking on the east and west sides of the building, with a paved driveway
on the building’s south side. A service drive is located along the north side of the
building. Access drives are located along I-30 and Young Road. There is a
billboard at the southeast corner of the property and a vacant single-family
residential structure at the northwest corner of the tract.
There is a mixture of uses in this general area. Mixed light industrial uses are
located on the I-2, Light Industrial District zoned property to the north (across
Young Road) and west. A vacant single-family structure is located on the I-2,
Light Industrial District zoned property to the east. An apartment complex and
undeveloped property are located across I-30 to the south.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several phone calls requesting additional
information. Letters and calls have also been received expressing opposition to
the request from area property owners. Southwest Little Rock United for
Progress has called staff stating opposition to the request. All property owners
located within 200 feet of the site, all residents, who could be identified, located
within 300 feet of the site, the Wakefield Neighborhood Association and
Southwest Little Rock United for Progress were notified of the Public Hearing.
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Young Road is classified on the Master Street Plan as a collector street. A
dedication of right-of-way 30 feet from centerline will be required. No private
improvements can be located within the right of way.
2. With site development, provide the design of the street conforming to the
Master Street Plan. Construct one-half street improvement to Young Road
including 5-foot sidewalk with the planned development. The new back of
curb will be located 18 feet from centerline of the existing right-of-way. The
back of the new sidewalk will be located at the property line.
3. 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. The east and west driveways should be constructed with
concrete aprons. The driveway in the center of the property should be
removed.
4. All driveways shall be concrete aprons per City Ordinance.
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).
6. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade
permit prior to doing any work in the right-of-way. Contact Traffic Engineering
at (501) 379-1805 (Travis Herbner) for more information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required.
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
4
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Industrial for this property. The applicant has
applied for a rezoning from I-2 Light Industrial to Planned Industrial Development.
A Land Use Plan amendment is not required.
Master Street Plan: This application has frontage on Interstate 30 and on Young
Road. Young Road is shown as a Collector. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. 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 bike route is shown along Young 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.
Neighborhood Action Plan: The Geyer Springs/Wakefield Neighborhood Plan
covers this area. The Zoning and Future Land Use goal states: “Encourage
developers to use the Planned Zoning Development (PZD) form of zoning rather
than straight zoning to ensure appropriate businesses are brought into the
neighborhood.”
Landscape:
1. The site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
2. If the rehabilitation costs exceed fifty percent (50%) of the replacement cost of
the building, then the parking lot and associated landscaping must be in full
compliancy with both the buffer ordinance and the landscape ordinance.
3. All the landscaping, fencing, and dumpster enclosures should be in good
condition or replaced in conjunction with this application.
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
5
G. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008)
Mr. McGee 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 Mr. McGee clearly define the proposed use
identified as Recorded/Live music/Dance. Staff stated based on the square
footage of the building and the number of parking spaces located on the site the
plan appeared to be 30 spaces short of the typical ordinance requirements for
the uses identified. Staff also questioned the days and hours of operation,
dumpster locations and hours of service and requested Mr. McGee provide a
signage plan.
Public Works comments were addressed. Staff stated Young Road was
classified on the Master Street Plan as a collector street. Staff stated a
dedication of right of way 30 feet from centerline was required. Staff also stated
one-half street improvements were required to Young Road with the new
sidewalk being located at the back of curb. Staff stated the driveways did not
meet the current ordinance standard. Staff stated the east and west drives
should be constructed with concrete aprons limited to 36 feet in width. Staff
stated the center drive should be removed.
Landscaping comments were addressed. Staff stated if the rehabilitation cost
exceeded fifty percent of the replacement cost of the building, then the parking
lot and associated landscaping were required to be in full compliance with the
City’s landscape and buffer ordinances. Staff stated all fencing, existing
landscaping and dumpster screening should be in good condition or replaced in
conjunction with any modifications to the building or parking areas.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact these agencies for additional
information. There being no further issues for discussion, the Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised cover letter to staff addressing a number of the
issues raised at the November 20, 2008, Subdivision Committee meeting. Since
the applicant does not have a final user for the building, he has identified a
number of potential future uses for the site in addition to the current I-2, Light
Industrial District zoning district uses. The request is to also allow a restaurant
with bar service and active recreational game activities including amusement
machines, pool and foosball tables. Also identified as a potential use of the
building is to host events such as civic club meetings, birthday parties, family
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
6
reunions, banquets, youth groups, business and church events and/or charitable
auctions/fund raising. These events potentially will include music either as
recorded music or by a live presentation. The events also may include dance by
the participants. A studio, broadcast and recording has also been requested.
The hours of operation proposed are from Noon to 1:00 am daily. A dumpster for
the site will be located on the southeast corner of the building with a privacy
fence enclosure as required by Section 36-523. No limits on the hours of
dumpster service have been provided.
The existing sign will be renovated to serve the site. The total height and area of
the sign has not been identified. Staff recommends any future signage be limited
to the total height and area of signage allowed in industrial zones or a maximum
height of 30 feet and a maximum sign area of 72 square feet. An antique fire
truck is located in front of the building. The fire truck will be utilized in the
signage design. Some neon or lighted signage may be designed in association
with the fire truck. No larger display or electronic board is planned. Staff
recommends all building signage comply with Section 36-554 or a maximum of
ten percent of the façade with street frontage. The existing billboard is proposed
to remain.
The building contains 33,775 gross square feet and there are 307 parking spaces
on the site. Based on the uses proposed, the parking typically required would be
one space per 100 gross square feet of floor area, resulting in the need for
337 parking spaces.
There are no exterior modifications proposed to the parking lot area, landscaping
or expansion to the existing building. Only modifications to the interior of the
structure and cosmetic repairs will be completed to the exterior of the building.
As indicated in the landscaping comments, if the rehabilitation costs exceed fifty
percent (50%) of the replacement cost of the building, then the parking lot and
associated landscaping must be brought into full compliance with both the buffer
ordinance and the landscape ordinance.
Staff has concerns with the request and a number of the uses identified as
potential uses for the site. The requested restaurant use and the recording
studio are allowable uses under the site’s current zoning of I-2, Light Industrial
District. Staff considers a number of the potential uses identified by the applicant
as inside commercial amusement since this definition most closely defines the
use and activities proposed. Amusement, commercial, inside is defined as an
amusement enterprise wholly enclosed in a building, including, but not limited to
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
7
a bowling alley, billiard parlor, or a facility intended for dancing whether or not a
fee is charged for admission. These type activities are typically allowed in
commercial zones. There are also concerns about the scope of some of the
proposed uses. Allowing some uses could open the door to functions that more
closely resemble a private club, bar or lounge.
As stated in the analysis section of the rezoning request withdrawn from
consideration by the Commission at their November 13, 2008, public hearing
staff does not feel this site is appropriate for these type of commercial uses. The
property is located in an area of industrially zoned and used property. The
industrial zoning in the area encompasses approximately 150 acres and is
developing with industrial park uses. Staff feels the site can easily be developed
for an industrial use to compliment the activities taking place in the area without a
change in the zoning classification.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was not present. Staff presented the item stating the applicant had
contacted them on December 12, 2008, requesting a deferral of the item to the
February 5, 2009, public hearing. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion of approval
of the item as recommended by staff. The motion carried by a vote of 6 ayes, 0 noes,
2 absent and 3 open positions.
STAFF UPDATE:
The applicant contacted staff on January 23, 2009, requesting a deferral of this item to
the March 19, 2009, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was not present. There were no registered objectors present. Staff
stated the applicant had contacted them on January 23, 2009, requesting a deferral of
the item to the March 19, 2009, public hearing. Staff stated they were supportive of the
deferral request.
February 5, 2009
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-2725-B
8
There was no further discussion of the item. The Chair entertained a motion for
approval of the Consent Agenda as presented by staff. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
February 5, 2009
ITEM NO.: E FILE NO: S-1280-M
NAME: Valley Falls Estates Collector Street Deferral
LOCATION: East side of Valley Falls Estates abutting Lots 13A – 13D and
Lots 14 - 18
OWNER/APPLICANT: Rick Ferguson
APPLICANT’S REPRESENTATIVE: White-Daters & Associates, Inc.
PROPOSAL: A five (5) year deferral of construction of one-half of a Collector
Street on the east side of Valley Falls Estates Subdivision
A. PROPOSAL/REQUEST:
On June 20, 2000, Ordinance No. 18,299 was approved by the Board of
Directors for a deferral of construction of one half of the proposed collector street
adjacent to the east property line of Valley Falls Estates Subdivision as shown on
the Master Street Plan. The ordinance specifically deferred construction for a
period of 5 years or until abutting street improvements are constructed,
whichever occurs first. The ordinance defined the one-half improvements to
consist of 12 ft. of pavement and an 8 ft. shoulder measured from centerline of
the proposed right-of-way with sidewalk and open ditch.
With this application, the applicant is requesting an additional 5-year deferral of
the one half street improvements for the collector street on the eastside of Valley
Falls Estates Subdivision. The subject collector street will tie into LaMarche
Drive at the south property line as shown on the Master Street Plan to eventually
connect into Taylor Loop Road.
The applicant’s reasoning for requesting an additional deferral is due to right-of-
way and financing are not in place to make the connection to Taylor Loop Road.
The applicant also states this section of street would be unusable until right-of-
way and funds are available for the remaining portion of the street to Taylor Loop
Road.
B. EXISTING CONDITIONS:
Four (4) properties are located to the east of the subject property and zoned R-2.
These properties today take access from Carter Lane. Two (2) of the properties
have residences built on the western half of the properties and two (2) of the
properties have residences built on the eastern half of the properties closer to
Carter Lane. The future right-of-way for LaMarche Drive will consist of the
western 35 ft. of the four (4) properties.
February 5, 2009
SUBDIVISION
ITEM NO.: E (cont.) FILE NO.: S-1280-M
2
Four (4) properties are located adjacent to the north of the subject property and
zoned R-2. One (1) of the properties is owned by the applicant. Four (4)
properties exist where the future right-of-way of LaMarche Drive will be located
north of Valley Falls Estates to Taylor Loop Road. Two (2) of the four (4)
properties are owned by the applicant.
To the west are several larger properties each about 3 acres or larger zoned R-2
which should not be affected by this application.
To the south is a Chenal Valley subdivision zoned R-2. As part of this
subdivision, Deltic is currently constructing LaMarche Drive to the south property
line of Valley Falls Estates.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received comments from Deltic Timber Corp.
opposing the approval of the 5-year deferral.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Ordinance #15,594, approved on December 8, 1988 set the original design
for LaMarche Drive. Ordinance #18,562 approved by the Board of Directors
on September 18, 2001 amended the Master Street Plan to connect Taylor
Loop Road at Lucky Lane to La Marche Drive. Ordinance #15,594 required
the future street to have a 70 ft. right-of-way; 2 - 12 ft travel lanes; and 2 - 8 ft.
paved shoulders with open ditches. Ordinance #18,299 adopted on June 20,
2000 deferred the one half street construction to LaMarche Drive for 5 years
or until abutting street improvements are constructed, whichever occurs first.
The ordinance continues and states the specific deferral is for one half street
widening to 12 ft. of pavement and 8 ft. of shoulder from centerline, with
sidewalk per Ordinance #15,594.
2. Has the right-of-way for the future street been dedicated to the City of Little
Rock?
3. Staff recommends the deferral of the future street adjacent to Valley Falls
Estates for 5 year or until adjacent development occurs. The future street
should be constructed to collector street standards as shown on the Master
Street Plan.
February 5, 2009
SUBDIVISION
ITEM NO.: E (cont.) FILE NO.: S-1280-M
3
E. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008)
Mr. Joe White of White-Daters and Associates was present representing the
applicant. The item was explained to the commissioners and no questions were
asked of Mr. White.
F. ANALYSIS:
The original deferral Ordinance # 18,299 was approved in 2000 for dedication of
right-of-way and the construction of the one half street improvements along the
east property line of Valley Falls Estates. The improvements were deferred for 5
years or until abutting street improvements are constructed, whichever occurs
first. Per Ordinance # 15,594, the one half street improvements are to be 12 ft.
of pavement with 8 ft. paved shoulders from centerline, with sidewalk. The
required right-of-way dedication is for one half of a 70 ft. right-of-way.
The deferred street improvements will connect into LaMarche Drive which is
currently being constructed to the south property line of Valley Falls Estates
Subdivision. Per the Master Street Plan, LaMarche Drive is a collector street
which will eventually connect into Taylor Loop Road near Lucky Lane just south
of the new Little Rock Public School currently under construction.
The original deferral ordinance does not contain the conditions which are placed
in the current deferral ordinances for residential subdivisions. Besides the time
periods for construction being 5 years or until adjacent street development, the
current deferral ordinances are also conditioned on the platting of a particular
phase of lots in the subdivision. Usually the phase is not the last phase planned
for development. Unlike commercial subdivisions, where the developer usually
owns lots or buildings in the subdivision, in residential subdivisions the developer
has less responsibility or ownership when the lots are sold and homes
constructed.
The improvements will consist of constructing one half of LaMarche Drive from
the south property line to the north property line of Valley Falls Estates
Subdivision. This one half street will be constructed for approximately 1300 ft.
and end at a pond and wooded area. From the north property line of Valley Falls
Estates an additional 1000 ft. of street is still needed to be constructed to connect
into Taylor Loop Road. The approved preliminary plat for Valley Falls Estates
shows no vehicle access to be taken from LaMarche Drive. The plat does show
an emergency only access. This access will not be accessible by emergency
vehicles until the completion of construction of Valley Creek View and Vista
Ridge Court in Valley Falls Estates. With this being the case, staff believes this
additional 1300 ft. of half street improvements does nothing to improve the safety
and access to Valley Falls Estates, adjacent properties, and the subdivisions to
the south.
February 5, 2009
SUBDIVISION
ITEM NO.: E (cont.) FILE NO.: S-1280-M
4
The four (4) properties to the east of Valley Falls Estates are zoned R2. Two (2)
of the properties have dedicated right-of-way for the LaMarche Drive and two (2)
properties have not. At this time, none of these properties have an obligation to
construct one half street improvements to the eastern half of LaMarche Drive.
With this being the case, staff believes at least 20 ft. of asphalt pavement should
be constructed adjacent to Valley Falls Estates as required by
Ordinance #15,594 which was referenced in the Valley Falls Estates deferral
ordinance. This 20 ft. of pavement will allow for two-way traffic if the connection
is made to Taylor Loop Road in the future and allow access for emergency
vehicles to Valley Falls Estates when the interior streets referenced above are
completed. These improvements can be made by shifting the centerline of the
street to the west away from the centerline of the proposed 70 ft. right-of-way.
G. STAFF RECOMMENDATION:
Staff recommends approval of the request for an additional deferral of the one
half street improvements to LaMarche Drive adjacent to Valley Falls Estates
Subdivision. Staff believes the deferral should be approved with the following
conditions. The conditions are: 35 ft. of right-of-way shall be dedicated for the
entire length of the property within 30 days of the adoption of the deferral
ordinance; the deferral is for 5 years, or until future platting of any lot east of the
existing platted lots, or until abutting street construction occurs to the north or
east adjacent to Valley Falls Estates, whichever occurs first. Specifically, the one
half street improvements will consist of constructing curb and gutter, 20 ft. of
asphalt pavement, stormwater drainage improvements, streetlights, and sidewalk
at the property line. With this construction the centerline of the street can be
shifted to allow for these improvements.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was present. There were registered objectors present. Chairman Taylor
stated when there were eight (8) or fewer Commissioners present the practice of the
Commission had been to allow the applicant the option of deferral of an item to a
subsequent meeting. He questioned if the applicant desired a deferral of the item to the
February 5, 2009, public hearing. Mr. Joe White stated his desire was to defer the item
to the February 5, 2009, public hearing.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for deferral to the February 5, 2009, public hearing. The motion carried by a
vote of 6 ayes, 0 noes, 2 absent and 3 open positions.
February 5, 2009
SUBDIVISION
ITEM NO.: E (cont.) FILE NO.: S-1280-M
5
STAFF UPDATE:
There has been no change to this application request since the previous public hearing.
Staff continues to support the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant’s representatives were present. There were no registered objectors
present. Commissioner Yates stated as allowed by the Commission’s By-laws he was
requesting the item be deferred to the March 19, 2009, public hearing.
A motion was made to approve the deferral request. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
Chairman Taylor stated he was appointing a committee to review possible alternative
solutions to the item. Chairman Taylor appointed Commissioners Laha, Rector and
Yates to the committee. Chairman Taylor stated the committee would report their
findings to the Commission at the March 19, 2009, public hearing.
February 5, 2009
ITEM NO.: F FILE NO.: LU08-19-02
Name: Land Use Plan Amendment - Chenal Planning District
Location: The east side of Rahling Road, south of Pebble Beach Drive
Request: Low Density Residential and Single Family to
Multi Family, Commercial, Office, Single Family and Open Space
Source: Tim Daters, for Deltic Timber Co.
PROPOSAL / REQUEST:
The applicant has requested a deferral to the October 2, 2008 Planning
Commission hearing. Staff is supportive of this request.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
The item was placed on the consent agenda for deferral to the October 2, 2008
hearing at the request of the applicant. By a vote of 9 for and 0 against the
consent agenda was approved.
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Chenal Planning District from Low Density
Residential and Single Family to Multi Family, Commercial, Office, Single Family
and Park/Open Space. The applicant has also filed a large rezoning for this site
and a Master Street Plan amendment for this site. The applicant is proposing
these changes to allow for commercial uses, multi family residential which would
accommodates ten to thirty six units per acre, office uses and some open space.
EXISTING LAND USE AND ZONING:
The property is vacant and undeveloped. It is currently zoned MF-18 and R-2
and is approximately 73 acres in size. All of the properties to the north, east and
south are also zoned R-2 Single Family and are mostly developed with single
family residences. A portion of that land is still vacant and undeveloped. The
west side of Rahling Road is zoned OS Open Space and R-2 Single Family; this
area is undeveloped. Southwest of the amendment area is zoned O-3 General
Office for a medical office and MF-18 for an apartment complex. To the
northwest along Rahling is a large area of undeveloped land that is zoned MF-12
Multi Family District.
February 5, 2009
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: LU08-19-02
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment area is currently shown as Low Density Residential and Single
Family on the future land use plan. This area is surrounded by Single Family on
the north, east and south. There is a strip along the west side of Rahling shown
as Park Open Space and a strip farther north along Rahling shown as Multi
Family. West of the amendment area is shown as Mixed Use and Multi Family at
the corner of Kirk and Rahling Roads.
August 15, 2006, Ordinance 19582 amended the eastern intersection of
LaGrande and Rahling Roads from Multi Family to Mixed Office Commercial to
allow for future development.
June 17, 2003, changes from Office, Multifamily, and Single Family to Multifamily
and Low Density Residential located northeast of Chenal Parkway around
Rahling Road. These changes were made to reflect new zoning in the area for
future development.
MASTER STREET PLAN:
Rahling Road is shown as 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 Rahling since it
is a Minor Arterial. Wellington Plantation Drive and Beckenham Drive are both
shown as proposed Collectors through this site and intersecting with Rahling
Road. The primary function of a Collector Street is to provide a connection from
Local Streets to Arterials. These streets may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class I bike route is shown along Rahling Road. A Class I bikeway is built
separate from or alongside a road. Additional paving and right of way may be
required.
PARKS:
According to the Master Parks Plan, half of the amendment area is within eight
blocks of a park. The northern half of this amendment site is not within eight
blocks according to the Parks Plan, although the west side of Rahling Road is
zoned for Open Space and is used for a walking trail.
February 5, 2009
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: LU08-19-02
3
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek’s Residential goal states: Ensure that
future developments of existing undeveloped land meet neo-traditional design
standards, including the placement of neighborhood passive green space and
community services within developing neighborhoods. River Mountain’s
Sustainable Environment goals states: Vigorously enforce the ordinance for
hillside protection and for tree preservation.
ANALYSIS:
This amendment area is approximately 73 acres of undeveloped, wooded land
along Rahling Road. This amendment proposes to add 41.13 acres of Multi
Family, 19.91 acres of Commercial, 2.24 acres of Office, 7.99 acres of
Park/Open Space and 1.62 acres of Single Family. The majority of this land is
currently shown as Single Family on the Plan. This vicinity has been growing
almost continually over the past twenty years. Many single-family subdivisions
have been built during this time both to the east and to the south of this area.
While much of this area is planned for Single Family use, the Land Use Plan has
also allotted room for Low Density Residential and Multi Family Development.
Along Rahling Road, there are currently 17 acres of undeveloped Multi Family
and 28 acres of undeveloped Low Density Residential. Low Density Residential
provides an option other than Single Family detached for future development.
The Plan classifications and zoning have been in place for approximately two
decades with no proposals for development.
Rahling Road provides the link between the major commercial center of Chenal
Parkway with Cantrell Road to the north. When the Land Use Plan and zoning
for the Chenal (Deltic) ownership and surrounding areas was approved in the
mid-1980s, a major office and commercial center was proposed at and near the
intersection of what is now Chenal Parkway and Rahling Road. This general
area has been seen as the community or regional shopping and employment
center of western Little Rock. The retail is just now developing with the recent
construction of the ‘Promenade at Chenal’.
February 5, 2009
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: LU08-19-02
4
Rahling Road is not currently constructed to full Master Street Plan standard.
The traffic volumes, while not yet to the number that would require the developer
to widen Rahling, are moving beyond the normal design volume for a two-lane
road. As development of this section of Little Rock continues based on the
current Land Use Plan, Rahling Road volumes should reach Arterial design
numbers in the next few years.
There is already a 28-acre section of Low Density Residential shown for a portion
of this site. North of this site along Rahling Road is a 17 acre section of Multi
Family that is undeveloped. This amendment is proposing to reconfigure this
existing plan to add a net total of approximately 6.2 acres of Multi Family/LDR
while adding 19.91 acres of Commercial to an area that is currently proposed for
residential uses.
The Master Street Plan shows two Collector streets (Beckenham and Wellington
Plantation Drives) intersecting Rahling Road near this amendment site. The
neighborhoods to the east of this application have concerns about these
connections and the traffic through their neighborhoods that may result. The
applicant has filed a Master Street Plan amendment as a separate item on this
agenda to modify the configuration of these two Collectors.
This application is also proposing to add 2.24 acres of Office and 19.91 acres of
Commercial. This area of Little Rock still has nearly 100 acres of undeveloped
Office within a mile of this application and approximately 40 acres of
undeveloped Commercial and Neighborhood Commercial along Rahling Road
just west of this application area. The existing commercial and office is part of a
large ‘node’ around the Chenal Parkway-Rahling Road intersection and includes
intersections of these roads with Kanis Road, Kirk Road and Wellington
Boulevard (all Arterials).
Rahling Road has been planned to be residential with various densities of
residential proposed on the Plan and zoned. There has already been some
intensification of land use and zoning along Rahling Road in the Kirk Road and
Chenal Valley Drive area. The City does have a Land Use Policy of discouraging
‘stripping’ or lining of Arterials with commercial uses and concentrating such uses
in ‘nodes’. The proposed amendment would continue to line Rahling Road with
commercial uses. Office areas along Rahling Road are narrow lots with buildings
designed and laid out with a ‘retail feel’, strengthening the ‘strip’ feel.
Showing several areas of different use implies multiple access points along
Rahling, which is an Arterial. Access should be limited to Rahling because it is
an Arterial. Multiple access points could have significant impact on pedestrian
February 5, 2009
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: LU08-19-02
5
and vehicular traffic. While each of these separate areas might be designed and
built to work together, the normal development pattern is for each separate use
area to develop independently. The amendment would create at least four new
use areas with all that is associated with this along Rahling Road.
Also, by placing destination uses (commercial and office) at the end of the
collectors, the trips from the neighborhoods to the east and south of the
application area could increase thereby causing more traffic on the collectors.
Some trips from the immediate neighborhood might no long proceed further west
along the Arterial to areas at Kirk and Chenal Parkway, but stop at the proposed
commercial and office areas. However, additional trips east of the amendment
area, that might have been attracted to the commercial and office at Napa Valley
and Rodney Parham may well move west along Beckenham to the proposed
commercial and office areas. As well, trips that might have gone south and west
along Kirk to commercial and office areas may be attracted up Wellington
Plantation Drive to the proposed new uses.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Chenal Ridge
POA and The Villages of Wellington. Staff has received four phone calls against
this amendment from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Walter Malone, Planning Staff reviewed the Land Use Plan in the area.
Mr. Malone talked about the major commercial area at Rahling Road and
Chenal Parkway. This area is only now beginning to development after twenty
years of zoning. There have been changes along Rahling Road to Commercial
and Office around Kirk Road. Staff is concerned that by making the changes
proposed, Commercial and Office, Rahling Road will be combined with
commercial and office rather than the originally proposed various densities of
residential.
Monte Moore, Planning Staff, presented the related reclassifications, Z-8165-A.
(See Item A.1 for a complete minute record.) Most of the presentation by
representatives of the applicant dealt the transportation issues of the western
part of Little Rock and some history of development of roads in the City. In
addition, the applicant’s consultant presented the findings of a traffic study
dealing with the street changes and reclassifications.
February 5, 2009
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: LU08-19-02
6
A Motion was made to approve the Land Use Plan Amendment. By a vote of
8 for, 2 against the Plan amendment was approved.
STAFF UPDATE:
The applicant has requested an amendment to their application to change the
northern area from Multi Family to Office. Staff is still not supportive of this
request.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The item was placed on consent agenda for deferral to February 5, 2009 hearing.
By a vote of 6 for, 0 against and 3 vacancies the consent agenda was approved.
STAFF UPDATE:
There have been no changes to this application.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
Walter Malone, Planning Staff reviewed the Land Use request change (changing the
north Multifamily area to Office) and recent development trends in the area. Mr. Malone
indicated that staff was still opposed to the application. Staff believes it is not
appropriate to introduce non-residential uses at this location. The major commercial
and office area has always been at the Rahling Road, Chenal Parkway intersection and
this area is just now beginning development. There are still many acres of both
commercial and office use shown on the Plan and zoned that are not developed. There
has been some increase in use to office and commercial at the intersection of Chenal
Valley Drive and Kirk Road with Rahling Road. Staff sees this request as continuing the
commercial and office up along Rahling Road, which had been shown as a residential
corridor. The result could be a stripping of Rahling, with the commercial (the office
development typically is designed with a retail look). Also the typical development
pattern for this use pattern would have multiple access points on Rahling Road, while a
residential use pattern typically does not.
Commissioner Yates asked if the access had not been limited in the letter submitted by
the applicant. Mr. Malone indicated the only access addressed in that proposal was to
limit the multifamily access from Wellington Plantation. Mr. Malone reviewed some of
the other proposed limitations, all are on the zoning.
February 5, 2009
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: LU08-19-02
7
Mr. Monte Moore, Planning Staff reviewed the related zoning case (Z-8165-A).
Mr. Bill Spivey, Tim Daters and Larry Peterson spoke on behalf of the applicant. There
was some discussion about the need for neighborhood commercial and services and
that this area would serve that market, rather than a community or regional level as that
at Chenal Parkway and Rahling Road.
(See Minute record for item Z-8165-A, Item F.1 for a complete minute record)
A motion was made to approve the requested Land Use Plan Amendment, by a vote of
4 for and 6 against the motion failed.
February 5, 2009
ITEM NO.: F.1 FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble Beach
Drive
Area: 20.30 Acres
Request: Rezone from R-2 to O-3
(Revision to previously approved application)
Purpose: Future development
Existing Use: Undeveloped
STAFF ANALYSIS:
On October 2, 2008, the Planning Commission approved a rezoning application for
68.93 acres of property located along the east side of Rahling Road, south of Pebble
Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, O-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised the
application for 20.30 acres of the property, noted as “Area 2” in the attached minute
record and sketches. The Planning Commission approved this 20.30 acres for a
rezoning from “R-2” Single Family District to “MF-18” Multifamily District. The applicant
is now requesting a rezoning from “R-2” to “O-3” General Office District for the 20.30
acres labeled as “Area 2”. The Board of Directors has sent the revised portion of the
application back to the Planning Commission for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as per
abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who attended
the October 2, 2008 Planning Commission hearing and filled out a card, and the Chenal
Ridge, Hillsborough and Village of Wellington Neighborhood Associations were notified
of the Planning Commission public hearing on the revised application.
The revision to the application does not change staff’s previous recommendation of
denial. Staff did not support the proposed rezoning of “Area 2” to “MF-18”. The revised
request to rezone “Area 2” to “O-3” represents a more intense
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 (Cont.) FILE NO.: Z-8165-A
2
zoning for this 20.30 acres. Staff continues to believe that development of this area as
something other than its current zoning of single family residential would introduce a
level of traffic, noise and light which would be detrimental to the existing adjacent single
family neighborhoods.
STAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to O-3.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
Staff informed the Commission that the applicant submitted a letter on
December 15, 2008 requesting the application be deferred to the February 5, 2009
Agenda. Staff supported the deferral request.
With a vote of 6 ayes, 0 nays, 2 absent and 3 open positions, the Commission voted to
waive their bylaws and accept the request for deferral being less than five (5) business
days prior to the meeting.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the February 5, 2009 Agenda. A motion to that effect was made.
The motion passed by a vote of 6 ayes, 0 nays, 2 absent and
3 open positions.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
Bill Spivey, Tim Daters, Larry Peterman and Ernie Peters were present, representing
the application. There were two (2) persons present in support and two (2) persons
present in opposition. Staff presented the revised application with a recommendation of
denial. Staff noted that additional conditions had been offered by the applicant in a
letter from Bill Spivey dated January 28, 2009.
Bill Spivey addressed the Commission in support of the application. He reviewed the
previously approved application and discussed the proposed revisions. He explained
that there had been meetings with neighborhood associations regarding the revised
application. He discussed the letter dated January 28, 2009 which offered conditions
for the overall rezoning.
Tim Daters also addressed the Commission in support of the application. He provided
an aerial photo of the property and discussed the proposed rezoning. He discussed
future access to the areas along Rahling Road.
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 (Cont.) FILE NO.: Z-8165-A
3
Larry Peterman also spoke in support. He described the proposed O-3 zoning as “local
office space” and explained how it would be different from the office zoning at Chenal
Parkway and Rahling Road. He also explained that the proposed C-3 zoning would be
developed as neighborhood commercial and would be different from the commercial
development at Chenal Parkway and Rahling Road, which he described as “destination
commercial”. He further discussed the proposed rezoning. Mr. Daters noted that Ernie
Peters was present to discuss the traffic study if needed.
Jeff Cook addressed the Commission in opposition. He expressed concern with the
proposed rezoning. He discussed the extension of Beckenham Drive with respect to
the proposed rezoning. He noted concurrence with staff’s recommendation. He
explained that the proposed rezoning would adversely effect the surrounding
neighborhoods and create more traffic within his neighborhood. He noted that many
area property owners were still opposed to the rezoning.
Ruth Bell, League of Women Voters, also spoke in opposition. She explained that long-
range planning was a benefit to the City. She explained that the proposed rezoning did
not comply with the City’s long-range land use plan.
Mr. Spivey explained that the proposed revisions to the application were a response to
neighborhood requests. He noted that the proposed rezoning was a good-faith effort to
develop the subject property, rather than a piece-meal attempt in the future. He pointed
out that the proposal included R-2 zoned areas between the proposed MF-18, O-3 and
C-3, and the existing single-family residential areas.
Dick Fletcher addressed the Commission in support of the application. He noted that
his residence is approximately six (6) lots away from the proposed rezoning. He
explained that he was in support of the rezoning with the revision to O-3.
Anthony Fulgran also spoke in support. He stated that he was president of the Chenal
Ridge Neighborhood Association and that the neighborhood was in support of the
revised application.
Commissioner Rector noted that the proposed area of MF-18 zoning as reduced by the
applicant was approximately the same amount of acreage as currently zoned MF-18.
He explained that the revisions were positive changes to the application.
Vice-Chair Yates asked about the life of the proposed deed restrictions for the R-2
zoned areas. Mr. Spivey noted that the restrictions would be as long as legally
possible. Vice-Chair Yates explained that the City Board had made a previous
commitment to have Beckenham Drive extend to Rahling Road. He made additional
comments regarding neo-traditional development.
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 (Cont.) FILE NO.: Z-8165-A
4
Commissioner Taylor asked Mr. Cook to comment on the traffic in the Villages of
Wellington neighborhood. Mr. Cook explained that traffic generated by the proposed
MF-18 zoning would use Wellington Plantation Drive even if there was no direct access.
He noted that the entire application was being reviewed with the proposed
revisions/conditions. Cindy Dawson, City Attorney, explained that the entire application,
as revised, was before the Commission for consideration.
Chairman Taylor commented on the changes the applicant had made in the application
prior to Board action. He explained that he was not comfortable with the application and
would be voting against it.
There was a motion to approve the requested Land Use Plan Amendment as revised by
the applicant. The motion failed by a vote of 4 ayes, 6 nays and 1 absent.
There was a second motion to approve the rezoning application as revised by the
applicant. The motion failed by a vote of 5 ayes, 5 nays and 1 absent. The revised
Land Use Plan Amendment and rezoning applications were denied.
February 5, 2009
ITEM NO.: 1 FILE NO.: S-1432 A
NAME: Stagecoach Crossing Preliminary Plat
LOCATION: on the Southeast corner of Baseline Road and Stagecoach Road
DEVELOPER:
D2H
3200 South Shackleford Road
Little Rock, AR 72223
ENGINEER:
Hurricane Valley Inc. Professional Engineering Consultants
c/o Charlie Best
P.O. Box 118
Bryant, AR 72022
AREA: 7.46 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0
CURRENT ZONING: C-3, General Commercial
PLANNING DISTRICT: 16 – Otter Creek
CENSUS TRACT: 41.03
VARIANCES/WAIVERS REQUESTED:
1. A variance from the Land Alteration Ordinance to allow grading of multiple lots with the
development of a single lot.
2. A variance to allow driveway spacing less than the typical 300 foot minimum spacing requirement
as established in Sections 30-43 and 31-210.
BACKGROUND:
The Little Rock Planning Commission reviewed and approved a preliminary plat on June 3, 2004,
which allowed the subdivision of this 7.460-acre tract into three (3) non-residential lots. The lots were
zoned C-3, General Commercial District. The lots ranged in size from 1.11 acres to 3.26 acres and a
35-foot platted building line adjacent to Stagecoach and Baseline Roads was approved. A portion of
the plat area was located within the floodway. A 25-foot floodway easement, as required by City
ordinance, was indicated.
On June 22, 2006, the Little Rock Planning Commission approved a one (1) year time extension for
the preliminary plat. Per Section 31-94(e) a preliminary plat approved by the Planning Commission
shall be effective and binding upon the Commission for two (2) years from the date of approval or as
long as work is actively progressing, at the end of which time the final plat application for the
February 5, 2009
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1432-A
2
subdivision must have been submitted to the planning staff. Any plat not receiving final approval
within the period of time set forth shall be null and void, and the developer shall be required to submit
a new plat of the property for preliminary approval subject to all zoning restrictions and the chapter.
The Planning Commission may extend the original approval, for a period not to exceed one (1)
additional year, when it can be demonstrated that there are no changes in the plat design or
neighborhood that warrant a complete review.
The final plat has not been submitted as required by the Subdivision Ordinance and the preliminary
plat has expired.
A. PROPOSAL/REQUEST:
The applicant now proposes to subdivide this 7.460-acre tract of C-3, General Commercial
District zoned property into five (5) commercial lots. The lots will range in size from 0.996
acres to 1.64 acres. The plat indicates a 35-foot platted building line adjacent to Stagecoach
and Baseline Roads. A portion of the plat area lies within the floodway. A 25-foot floodway
easement will be dedicated to the City as required by City ordinance. The lots will be
developed based on market demand. The required street improvements will be completed on
an individual lot basis, as the lots are final platted.
The developer is seeking a variance from the Land Alteration Ordinance to allow grading of
multiple lots when construction is imminent on a single lot.
B. EXISTING CONDITIONS:
The site is vacant and tree covered. Baseline Road is constructed as a four-lane roadway with
a center turn lane adjacent to the site. Stagecoach Road is also constructed as a four-lane
roadway with a center turn lane adjacent to the site.
Other uses in the area include commercial uses at the northwest and southwest intersection of
Baseline Road and Stagecoach Road. There is an office use located to the north of the site
and a single-family home is located to the south of the site.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. All abutting
property owners, Southwest United for Progress and the Otter Creek Homeowners Association
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Baseline 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. An additional 10 feet of right-of-way
February 5, 2009
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1432-A
3
should be dedicated for future dual left turn lanes for a principal arterial/minor arterial street
intersection. At the intersection, the intersecting right-of-way lines must have a radius of 75
to 100 feet.
2. Stagecoach 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. At minor arterial/principal arterial
street intersections, an additional 10 feet of right-of-way, measured from the centerline of
the right-of-way shall be dedicated for a right turn lane and future dual left turn lanes on
Stagecoach Road. This additional right-of-way must be 250 feet in length measured from
the intersecting right-of-way. At the intersection, the intersecting right-of-way lines must
have a radius of 75 to 100 feet.
3. With site development, provide the design of the street conforming to the Master Street
Plan. Construct one-half street improvement to Baseline Road including 5-foot sidewalks
at the property line with the planned development. An additional lane should be
constructed with a transition for the right turn lane off Stagecoach Road. Contact Bill Henry
in Traffic Engineering at 379-1816 for additional information. The installation and
improvements are subject to acceptance and approval by the Arkansas State Highway and
Transportation Department.
4. With site development, provide the design of the street conforming to the Master Street
Plan. Construct one-half street improvement to Stagecoach Road including 5-foot
sidewalks at the property line with the planned development. A right turn lane should be
constructed with 250 feet of stack and a 150 foot taper. Contact Bill Henry in Traffic
Engineering at 379-1816 for additional information. The installation and improvements are
subject to acceptance and approval by the Arkansas State Highway and Transportation
Department.
5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI.
6. Plans of all work in right-of-way shall be submitted for approval prior to start of work.
Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering
at (501) 379-1805 (Travis Herbner).
7. 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. Variances from the Land Alteration Ordinance must be approved prior to the
issuance of a grading permit.
8. The storm water detention ordinance applies to this property. Show the proposed location
for storm water detention facilities on the plan.
9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the
Arkansas Department of Environmental Quality prior to the start of construction.
10. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to
construction.
11. A minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is
required to be shown on plat and grading plans.
12. In accordance with Section 31-176, floodway areas must be shown as floodway easements
or be dedicated to the public. In addition, a 25 foot wide access easement is required
adjacent to the floodway boundary.
13. Street Improvement plans shall include signage and striping. Traffic Engineering must
February 5, 2009
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1432-A
4
approve completed plans prior to construction.
14. Coordinate design of traffic signal upgrade with proposed street improvements. Plans must
be forwarded to Traffic Engineering for approval.
15. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for
approval to Traffic Engineering. If streetlights do not exist, streetlights must be installed
prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve
Philpott) for additional information.
16. Driveway locations do not meet the traffic access and circulation requirements of Sections
30-43 and 31-210. The minimum driveway spacing on arterial streets is at least 300 feet
and at least 150 feet from the property line. Only two (2) shared driveways can be built off
Stagecoach Road and must not create a turn movement problem with the driveways on the
west side of Stagecoach Road. Show driveway locations on the west side of Stagecoach
Road. The driveway located on Baseline Road must demonstrate adequate sight distance
from the bridge certified by a registered engineer to be permitted. The width of driveway
must not exceed 36 feet.
17. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for Lot A. Contact Little Rock
Wastewater Utility at 688-1414 for additional information.
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. Waterline easements should be shown (Doc. #95-
27135 & 95-30594). A Capital Investment Charge based on the size of connection(s) will apply
to this project in addition to normal charges. This fee will apply to all connections including
metered connections off private fire systems. Please submit plans for water facilities and/or fire
protection system to Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures for installation of
water facilities and/or fire service. Approval of plans by the Arkansas Department of Health
Engineering Division and Little Rock Fire Department is required.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for
additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
February 5, 2009
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1432-A
5
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The applicant was present. Staff presented an overview of the development stating a
preliminary plat had previously been approved for the site to allow the creation of three (3)
commercial lots. Staff stated the Commission had subsequently approved a one (1) year time
extension. Staff stated the time for plat approval and time extension had expired and the final
plat for the site had not been received. Staff stated the applicant was now requesting a
preliminary plat to allow the creation of five (5) commercial lots on the site. Staff stated there
were a few outstanding technical issues associated with the plat in need of addressing prior to
the Commission acting on the request.
Staff requested the applicant provide the certifications, the proposed driveway locations, the
limits of the flood plain and floodway and the proposed setbacks along the abutting roadways.
Staff also requested the applicant provide the source of water and the means of wastewater
disposal on the proposed plat.
Public Works comments were addressed. Staff stated a dedication of right of way 55 feet from
centerline would be required along Baseline Road and 45 feet from centerline along
Stagecoach Road. Staff stated with development of the site street improvements per the
Master Street Plan would be required including curb, gutter and sidewalk. Staff stated
dedication of additional right of way on Stagecoach Road for the addition of a turn lane was
required. Staff stated an easement adjacent to the floodway was required per the storm water
detention ordinance. Staff also stated the driveways indicated on the plat did not comply with
the typical standards of the Boundary Street Ordinance and the Subdivision Ordinance and
suggested the applicant relocate the north driveway on Stagecoach Road to the south to meet
the 300 foot minimum driveway spacing criteria.
Staff noted comments from the other reporting departments and agencies suggesting the
applicant contact them individually for additional clarification. There was no further discussion
of the item. The Committee then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing most of the comments
raised at the January 15, 2009, Subdivision Committee meeting. The plat is proposed as
multi-phased with the required infrastructure and boundary street improvements being
completed as the abutting lot is sold and final platted. The required boundary street
improvements to Lots B, C, D and E will be sidewalk construction. The improvements for Lot A
include the addition of a through lane and a right turn lane on Baseline Road and a right turn
February 5, 2009
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1432-A
6
lane on Stagecoach Road. No improvements to the intersection will be required with this plat.
Storm water detention will be provided on a lot by lot basis.
The plat indicates the appropriate certifications and the limits of the floodplain. No portion of
the site is located within the floodway but the eastern perimeter is located adjacent to the
floodway. The plat indicates a 25-foot floodway/utility easement along this perimeter.
The plat is indicated with shared driveways and a 24-foot cross access easement to serve the
lots. The driveway on Stagecoach Road located on Lot C has been located 293 feet from the
intersection with Baseline Road. A second driveway on Stagecoach Road is located 259 feet
from the driveway on Lot C. The final driveway on Stagecoach Road is located on Lot B. The
driveway is 251 feet from the driveway on Lot E and 115-feet from the property line. A single
driveway is located on Baseline Road. The driveway is located 200 feet from the intersection.
The driveways as indicated will require a variance from the various minimum ordinance
standards. The ordinance typically requires minimum driveway spacing on arterial roadways
of 300 feet and a minimum of 150-feet from the property line. Staff is supportive of the
driveways as indicated.
The lots are indicated ranging from 43,405 square feet to 71,639 square feet. The property is
zoned C-3, General Commercial district which requires a minimum lot size of 14,000 square
feet. The lots are indicated with more than adequate lot area to conform to the current zoning.
A note on the plat indicates a 35-foot front building setback will be provided along Stagecoach
and Baseline Roads.
The request includes a variance from the Land Alteration Ordinance to allow grading of
multiple lots with the development of one lot. The advanced grading is necessary to allow
materials on portions of the lots to be moved to other locations on the site. The site will not
balance but the allowance of advanced grading will minimize the need for hauling in and out on
this site. Additional fill on the low lots will be required at the time of development.
Staff is supportive of the request to allow the creation of five (5) commercial lots to be
developed as the market demands. Staff is also supportive of the variance request to allow
advanced grading of the site with the development of one of the proposed lots. To staff’s
knowledge there are no outstanding technical issues associated with the request. Staff feels
the creation of these lots for future development with commercial uses should have 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.
Staff recommends approval of the variance request from the Land Alteration Ordinance to
allow grading of multiple lots with the development of one of the proposed lots.
February 5, 2009
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1432-A
7
Staff recommends approval of the variance request to allow the drives along the abutting
arterial roadways with distances less than the typical 300-foot minimum standard.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
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 also presented a
recommendation of approval of the variance request from the Land Alteration Ordinance to allow
grading of multiple lots with the development of one of the proposed lots and the variance request to
allow the drives along the abutting arterial roadways with distances less than the typical 300-foot
minimum standard.
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and
1 recusal (Commissioner Yates).
February 5, 2009
ITEM NO.: 2. FILE NO.: S-1494-A
NAME: Blankenship’s Addition Replat Lots 10R – 11R
LOCATION: located on the Southeast corner of Leander Drive and Vogler Street
DEVELOPER:
EMW Construction, Inc.
c/o Ed Wright
P.O. Box 241741
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.51 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 10 – Boyle Park
CENSUS TRACT: 24.03
VARIANCES/WAIVERS REQUESTED:
1. A variance from the Subdivision Ordinance, Section 31-232(a), to allow a reduced lot width for the
proposed lots.
2. A variance from the Subdivision Ordinance, Section 31-256, to allow a reduced front building line
of 15-feet adjacent to a residential street.
3. A variance from the Subdivision Ordinance, Section 31-232(a), to allow lots with a reduced lot
area.
The applicant contacted staff on January 22, 2009, requesting a deferral of this item to the March 19,
2009, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was not present. There were no registered objectors present. Staff stated the
applicant had contacted them on January 22, 2009, requesting a deferral of the item to the March 19,
2009, public hearing. Staff stated they were supportive of the deferral request.
February 5, 2009
SUBDIVISION
ITEM NO.: 2. (Cont.) FILE NO.: S-1494-A
2
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
ITEM NO.: 3. FILE NO.: S-1628
NAME: Cantrell Road and LaMarche Drive Subdivision Preliminary Plat
LOCATION: located at the intersection of Cantrell Road and LaMarche Drive/Taylor Loop Road
DEVELOPER:
Pfeifer Development Company
16623 Cantrell Road
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 18.37 acres NUMBER OF LOTS: 4 FT. NEW STREET: 550 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 20 - Pinnacle
CENSUS TRACT: 42.05
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated January 22, 2009, requesting withdrawal of this item. Staff
is supportive of the withdrawal request.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was present. There were no registered objectors present. Staff presented the item
stating the applicant had submitted a request dated January 22, 2009, requesting withdrawal of the
item. 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
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
ITEM NO.: 4. FILE NO.: Z-5742-B
NAME: Hearne Building Revised Short-form PCD
LOCATION: 1001 Wright Avenue
DEVELOPER:
Archie Hearne, MD
500 South University Avenue, Suite 103
Little Rock, AR 72205
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
ARCHITECT:
Terry Burruss Architect
614 Center Street
Little Rock, AR 72201
AREA: 0.512 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Mixed Use Development, Residential, Office and Commercial - 65% Office and
35% Retail
PROPOSED ZONING: Revised PCD
PROPOSED USE: Medical Office, Coffee Shop, Art Gallery/Art Bookstore – 29% Office and 71%
Retail
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 16,509 adopted by the Little Rock Board of Directors on October 19, 1993, rezoned
this site from R-4A to O-1.
Ordinance No. 19,729 adopted by the Little Rock Board of Directors on April 3, 2007, rezoned the
property from O-1, Quiet Office to PCD. The approval allowed the construction of a single two story
building containing 6,336 gross square feet and 23 on-site parking spaces. The building was
February 5, 2009
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-5742-B
2
proposed with various leaseable spaces allowing six (6) to eleven (11) units depending on the unit
arrangement and the unit size. The unit size averaged 647 square feet. A wood fence was proposed
as perimeter treatment and screening.
A. PROPOSAL/REQUEST:
The request is now to amend the previously approved PCD to change the use mix of the
development. A two-story building containing 6,250 square feet is proposed with a medical
office occupying 1,825 square feet, an art bookstore/art gallery occupying 3,900 square feet
and a coffee shop occupying 525 square feet. The result changes the previously approved
office and commercial percentages from 65% office and 35% commercial to 29% office and
71% commercial. The approval is limited to Dr. and Ms. Archie Hearne’s ownership and
occupancy and is not proposed as a transferable use.
B. EXISTING CONDITIONS:
The site previously housed a drive through bank which has been removed. In this area of the
City there are a number of institutional uses including two churches, Philander Smith College,
Dunbar Community Center, Dunbar Middle School and a Central Arkansas Library facility. To
the south of the site is a PD-C approved as an office use for Mr. Klean’s Carpet and Janitorial
service. Single-family homes are located to the southeast, southwest and northwest.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area resident. The
Downtown Neighborhood Association, all owners of property located within 200 feet of the site
and all residents, who could be identified, located within 300 feet of the proposed development
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 Wright Avenue
and Chester Street.
2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-
175 of the Little Rock Code and the Master Street Plan. Sidewalk should be installed on
the west side of the driveway on Wright Avenue to a point the right-of-way is perpendicular
to the west property line.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way
prior to occupancy.
4. Storm water detention will not apply to the proposed development.
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).
February 5, 2009
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-5742-B
3
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water at 377-1225 regarding re-
establishment of water to this site.
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Central City Planning District. The Land Use
Plan shows Mixed Use for this property. The applicant has applied for a revised Short-form
PCD to allow a mixed use development containing office, and commercial on the site.
The request does not require a change to the Land Use Plan.
Master Street Plan: Wright Avenue is shown as a Minor Arterial on the Master Street Plan and
Chester Street is shown as a Collector. These streets may require dedication of right-of-way
and may require street improvements. 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 Wright Avenue since it is a Minor Arterial. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials.
Bicycle Plan: A Class II Bike Route is shown along Wright Avenue. A Class II bikeway is
located on the street as either a five (5) foot shoulder or six (6) foot marked bike lane.
Additional paving and right of way may be required. A Class III bike route is shown along
Chester Street according to the Master Street Plan bicycle section. 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.
City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered
by the Downtown Neighborhood Action Plan. The Economic Development Goal is applicable.
It states, “Attract other businesses and services, such as pizza places that make home
February 5, 2009
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-5742-B
4
deliveries, another grocery, another pharmacy, video stores, cafes, a sporting goods store, and
more restaurants open after 8 p.m.” The placement of the gallery/bookstore and the coffee
shop could assist in this goal.
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance requirements.
2. The zoning buffer ordinance requires an eight foot (8) wide land use buffer to separate this
proposed development from the residential property on western perimeter of the site.
Seventy percent (70%) of these buffers are to remain undisturbed.
3. 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 western perimeter of
the site. Credit towards fulfilling this requirement can be given for existing trees and
undergrowth that satisfies this year-around requirement.
4. The landscape ordinance and the zoning buffer ordinance require a six foot nine inches (6’-
9”) minimum landscape strip along the two abutting streets. A variance from the landscape
ordinance requirements must be approved by the City Beautiful Commission prior to the
issuance of a building permit for any lesser amount.
5. The landscape ordinance requires a minimum landscape strip of three feet (3) to be located
between the parking lot and the building.
6. A water source must be located within seventy-five feet (75) of all landscaped areas.
7. These calculations take into account the proposed development is located within a
designated mature area of the City.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The owner’s representative was present representing the request. Staff presented an
overview of the request stating there were few outstanding technical issues associated with the
request. Staff stated a number of the comments listed under Planning Staff Comments were
an outline of the previous approval and a comparison to the current request. Staff questioned
the hours of the coffee shop. Staff also questioned the number of physicians to practice in the
medical clinic.
Public Works comments were addressed. Staff stated a twenty (20) foot radial dedication of
right of way was required at the intersection of Wright Avenue and Chester Street. Staff also
stated sidewalks with appropriate handicap ramps were required along the abutting roadways.
Staff stated prior to the issuance of a certificate of occupancy all broken curb, gutter and
sidewalk was required to be replaced. Staff also stated all work in the right of way required a
permit from Traffic Engineering.
Landscaping comments were addressed. Staff stated the zoning buffer ordinance required the
placement of an eight (8) foot landscape strip in the areas abutting residentially zoned or used
property. Staff also stated a six (6) foot screening fence or wall was required in these areas to
screen the abutting residentially zoned or used properties. Staff stated the landscape and
buffer ordinances required the placement of a minimum landscape strip of six (6) feet nine (9)
February 5, 2009
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-5742-B
5
inches along the abutting roadways. Staff stated any variation from the Landscape Ordinance
requirements would require approval from the City Beautiful Commission.
Staff noted comments from the various other reporting departments and agencies suggesting
the applicant contact them directly for additional information and 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 and cover letter addressing most of the issues
raised at the January 15, 2009, Subdivision Committee meeting. The revised cover letter
states one (1) physician will staff the medical office. The hours of operation for the coffee shop
are daily from 8:00 am to 6:00 pm.
The development is proposed as a mixed use development. The building will contain 6,250
square feet of which 1,825 square feet is proposed as a medical office serving one (1)
physician, 525 square feet to be used as a coffee shop and 3,900 square feet as an art
bookstore/art gallery. The parking breakdown for the site is six (6) spaces for the medical
office, five (5) spaces for the coffee shop and thirteen (13) spaces for the art gallery resulting in
24 required spaces. The site plan indicates twenty-one (21) parking spaces. Staff is
supportive of the parking as proposed. Although the ordinance would typically require twenty-
four (24) parking spaces staff feels the art bookstore/art gallery and coffee shop will function in
unison with patrons visiting the arts and coffee shop creating less demand for parking.
Signage is proposed consistent with signage allowed in office zones. A single ground
mounted sign is proposed near the intersection of the two streets. Building signage is
proposed consistent with the code, as a maximum of ten percent of the façade area on the
façades abutting a public right of way.
The medical office will operate during typical office hours or 8:00 am to 5:00 pm Monday
through Friday. The coffee shop and the art bookstore/art gallery will be open daily from 8:00
am to 6:00 pm. The gallery will also host showings and special events which are typically held
during the evening hours. These events are anticipated to end by 10:00 pm.
The site plan indicates the placement of a single dumpster on the site near the southern
perimeter of the site. The site layout is such that the location for the dumpster is limited. The
site plan indicates the dumpster will be screened per the typical ordinance standards. The
hours of dumpster service have been indicated from 6:00 am to 8:00 am.
Landscaping and screening has been indicated on the site plan. A six foot wood fence will be
installed along the southern and eastern perimeters where located adjacent to single-family
zoned or used property. Street buffers and parking lot landscaping will be installed per the
Landscape and Zoning Buffer Ordinance requirements.
February 5, 2009
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-5742-B
6
The request limits the use of the property to the current applicant’s occupancy and ownership.
Staff is supportive of the request. Although the development plan has been modified to create
a larger percentage of commercial on the site, staff does not feel the proposed level of
commercial activity will significantly impact the nearby residential uses. The site is indicated
as Mixed Use on the City’s Future Land Use Plan and the businesses proposed for this site will
close in the early evening hours. The special events held by the art gallery will be held later in
the evening but are not anticipated as a daily or even weekly activity. The application request
is limited to Dr. and Mrs. Hearne and is not a transferable approval. The Commission and
Board of Directors will have the opportunity to review any future uses of the site prior to the
activities locating on the property to determine the level of commercial activity at the time of
redevelopment. To staff’s knowledge there are no outstanding technical issues associated
with the request.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to the following conditions:
1. Compliance with the comments and conditions as outlined in paragraphs D, E and F of the
agenda staff report.
2. The uses approved are limited to a medical office, a coffee shop and an art bookstore/art
gallery.
3. The approval is limited to Dr. and Mrs. Archie Hearne and is not a transferable approval.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
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 also stated the uses
approved were limited to a medical office, a coffee shop and an art bookstore/art gallery and the
approval was limited to Dr. and Mrs. Archie Hearne and is not a transferable approval.
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
ITEM NO.: 5 FILE NO.: Z-6120-O
NAME: Capitol Lakes Estates Governors Manor Lot 10 Revised Long-form PD-R
LOCATION: located North of Capitol Hills Boulevard at Rushmore Avenue
DEVELOPER:
Rhett C. Gore
38 Pennsylvania Court
Little Rock, AR 72210
SURVEYOR:
West Land Surveying Inc
420 A HWY 287
Vilonia, AR
AREA: 0.25 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PD-R
ALLOWED USES: Single-family residential
PROPOSED ZONING: Revised PD-R
PROPOSED USE: Single-family residential – Revise a front building line to eliminate an
encroachment
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The Little Rock Planning Commission reviewed a proposed preliminary plat application for the area at
their April 22, 2004 Public Hearing. The Commission made a recommendation of approval of the
proposed preliminary plat, which was then forwarded to the Little Rock Board of Directors for final
action on September 7, 2004. The Little Rock Board of Directors denied the requested plat and
associated variances and suggested the applicant refile the request as a PD-R through the planned
development process.
Ordinance No. 19,261 adopted by the Little Rock Board of Directors on January 4, 2005, rezoned the
property from R-2, Single-family to PD-R to allow the development of the site with 45 single-family
lots. The development indicated the average size of the lots as 50-feet by 90-feet. The lots were
designed to accommodate “patio” or “garden style” homes with smaller yards. Buildable areas on the
lots ranged from 4,600 to 2,150 square feet with the smallest allowable residence to be 1,600 square
feet. A density of 4.9 units per acre was approved. The lots were to have a 12.5-foot front building
February 5, 2009
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6120-O
2
line, 5-foot side yard setbacks, and 10-foot rear yard setback. Each lot would have a minimum of
1,600 square feet of private open space. The applicant requested a reduced front building line,
reduced lot depth, a reduced lot width on several of the proposed lots and a reduced minimum lot
square footage. The subdivision was designed as a gated community but the gates would not be
installed with the initial development. 1,327 linear feet of private streets, built to City standard was
approved.
A. APPLICANT’S STATEMENT/PROPOSAL REQUEST:
The applicant is requesting to amend the current PD-R zoning for this single lot to allow an
encroachment of the front brick steps which were constructed crossing the front platted
building line. The existing home was constructed with a 12.5-foot front building line with the
brick steps extending from the house to the public right of way. There are no other
modifications proposed for the lot.
B. EXISTING CONDITIONS:
The basic infrastructure for the subdivision has been installed and a number of new homes
have been constructed. A multi-family apartment complex is located to the south of the site.
The multi-family development is proposed in three (3) phases with the first phase complete.
Other uses in the area include the Oasis Renewal Center located northeast of the site and the
Spring Valley Manor Subdivision located south of the area. Cooper Orbit Road borders the
eastern boundary of the property. The roadway is a narrow unimproved roadway with deep
ditches in several locations.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area residents
concerning the request. All residents who could be identified located within 300-feet of the
site, the Spring Valley Manor Homeowners Association and all owners of property located
within 200-feet of the site were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: No objection.
Entergy: No comment received.
Center-Point Energy: No comment received.
February 5, 2009
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6120-O
3
AT & T: No comment received.
Central Arkansas Water: No objection.
Fire Department: No comment.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Ellis Mountain Planning District. The Land
Use Plan shows Single Family for this property. The applicant has applied for a revised
Planned Residential Development to allow a building line revision.
The request does not require a change to the Land Use Plan.
Master Street Plan: Capitol Hills is shown as 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 Capitol Hills Boulevard since it is a Minor Arterial.
Pennsylvania Court is shown as a Local Street. The primary function of a Local Street is to
provide access to adjacent properties. Local Streets which are abutted by non-residential
zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”.
These streets have a design standard the same as a Collector. 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.
Neighborhood Action Plan: This area is not covered by a City of Little Rock Neighborhood
Action Plan.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The applicant was not present. Staff presented an overview of the request stating there were
no outstanding technical issues associated with the request. There was no further discussion
of the item. The Committee then forwarded the item to the full Commission for final action.
February 5, 2009
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6120-O
4
H. ANALYSIS:
There were no outstanding issues raised at the January 15, 2009, Subdivision Committee
meeting in need of addressing. The request is an amendment to a PD-R zoning to allow an
encroachment of the front brick steps which were constructed crossing the front platted
building line. The existing home has been constructed with a 12.5-foot front building line as
approved by the original PD-R zoning. As stated, the brick steps were constructed extending
from the house across the previously platted front building line to the public right of way. The
ordinance typically does not allow structures or encroachments into the front building setback
without prior approval. A structure is defined as anything over 12-inches in height measured
from the adjacent ground level.
If the Planning Commission and the Little Rock Board of Directors approve the building line
variance, the applicant will have to complete a one-lot replat reflecting the change in the front
platted building line for the existing steps. The applicant should review the filing procedure with
the Circuit Clerk’s office to determine if the replat requires a revised Bill of Assurance.
To staff’s knowledge there are no outstanding technical issues associated with the request.
Staff recommends approval of the request. Staff believes the proposed front setback and
building line encroachment will have no adverse impact on the adjacent properties or the
neighborhood. There are no other modifications proposed for the lot.
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 and the completion
of a one-lot replat reflecting the change in the front platted building line as approved by the
Planning Commission and the Little Rock Board of Directors.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
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 and the completion of a
one-lot replat reflecting the change in the front platted building line as approved by the Planning
Commission and the Little Rock Board of Directors.
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
ITEM NO.: 6 FILE NO.: Z-8310-A
NAME: Smith Development Revised Short-form POD
LOCATION: located at 7801 Cantrell Road
DEVELOPER:
Willis Smith Co.
5 Inwood Circle, Suite 104
Little Rock, AR 72211
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
ARCHITECT:
Terry Burruss Architects
614 Center Street
Little Rock, AR 72201
AREA: 0.64 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: POD
ALLOWED USES: Office (70%) and Retail (30%)
PROPOSED ZONING: Revised POD
PROPOSED USE: Office (70%) and Retail (30%) – 560 square foot addition for inventory storage
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 19,935 adopted by the Little Rock Board of Directors on March 18, 2008, rezoned the
site from O-3, General Office District and C-3, General Commercial District to POD. The property
contained two (2) parcels; one (1) zoned office and the second zoned commercially. Parcel 1
contained a building with approximately 5,068 square feet and was zoned O-3, General Office
District. Parcel 2 contained a carwash facility (5 bays) and was zoned C-3, General Commercial
District. The development was proposed in two (2) phases. The first Phase included the modification
of the structure on Parcel 1 removing approximately 1,500 square feet and renting the space as
commercial space. Phase II consisted of the removal of the carwash facility on Parcel 2 and the
February 5, 2009
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8310-A
2
construction of a two (2) story office building containing 8,000 square feet. The driveway located on
Biscayne Street was also proposed for removal during the Phase 2 construction. The only portion of
the development which has been completed is the clothing store which is located within the building
located on Parcel 1.
A. PROPOSAL/REQUEST:
The applicant now proposes to amend the previously approved PCD to allow an addition on
the building located on Parcel 1. The addition is proposed to contain 560 square feet and will
be used as inventory storage for the clothing store. There are no other modifications proposed
to the previously approved development plan.
B. EXISTING CONDITIONS:
There building located on Parcel 1 contains a number of users including a clothing store. The
multiple bay carwash remains on Parcel 2. Watt Street has been closed by the Highway
Department and currently terminates in a cul-de-sac between this property and the McDonalds
property located to the east. There is an alley located between the two buildings with an office
building, facing Biscayne Drive located to the west. There are a series of drives which connect
these properties to Biscayne Drive and the properties on Biscayne Drive to Watt and T Streets.
In the area, there are residential and non-residential uses. There is a beauty salon in a
converted residential structure located to the west and a school located in a number of
converted structures located to the south. There is an office building located on the southeast
corner of T and Watt Streets.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area residents. The
Meriwether Neighborhood Association, 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.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20 foot radial dedication of right-of-way is required at the intersection of Watt Street and
T Street.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way
prior to occupancy.
3. Driveway locations and widths do not meet the traffic access and circulation requirements
of Sections 30-43 and 31-210. The driveway on Biscayne Drive should be closed. In the
previous application, it was agreed the driveway on Biscayne Drive would be closed with
construction of Phase II of the development. This application is for an addition to Phase I
and is not a part of Phase II.
February 5, 2009
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8310-A
3
4. Sidewalks with appropriate handicap ramps adjacent to Watt Street are required. Continue
the sidewalk along Cantrell Road in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan. The sidewalk adjacent to Biscayne Drive should be
continued to the sidewalk along Cantrell Road.
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).
6. Storm water detention will not apply to the proposed development.
7. Due to the proposed use of the property, the Master Street Plan specifies that Watt Street
and T Street for the frontage of this property must meet commercial street standards.
Dedicate right-of-way to 30 feet from centerline. It is unsure from the plans provided if
right-of-way exists to comply with the Master Street Plan.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the West Little Rock Planning District. The Land
Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a
revised Short form PCD.
The request does not require a change to the Land Use Plan.
Master Street Plan: Cantrell Road is shown as a Principal Arterial. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic generators or activity
centers within urbanized areas. Entrances and exits should be limited to minimize negative
effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Watt Street is
February 5, 2009
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8310-A
4
shown as a Local Street. The primary function of a Local Street is to provide access to
adjacent properties. Local Streets which are abutted by non-residential zoning/use or more
intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a
design standard the same as a Collector. Biscayne Drive is shown as a Collector. The
primary function of a Collector Street is to provide a connection from Local Streets to Arterials.
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.
Neighborhood Action Plan: This area is covered by the Midtown Neighborhood Action Plan.
The Commercial Development goal states: ” To increase the long-term viability of our retail,
office, and medical centers, and prevent destabilization of surrounding neighborhoods” and
“Support smart growth and positive in-fill development.”
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance requirements.
2. The minimum zoning street buffer along Watt and T Streets is six feet nine inches (6’-9”).
Any reduction requires approval from the City Beautiful Commission prior to the issuance of
a building permit.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The applicant was present. Staff presented an overview of the development stating there were
few outstanding technical issues associated with the request. Staff stated a number of the
comments listed under the Planning Staff Comments were related to the original approval and
comparing the original approval with the current request. Staff stated the development was
proposed in two phases. Staff stated the only item initiated was the placement of the clothing
store in the building located on Parcel 1.
Public Works comments were addressed. Staff stated the original approval required the
removal of the drive on Biscayne Drive during the second phase. Staff stated a dedication of
right of way along T and Watt Streets was required per the Master Street Plan or 30 feet from
centerline. Staff also stated sidewalks with appropriate handicap ramps were required along
Watt Street and along Cantrell Road in accordance with Section 31-175 of the Little Rock
Code of ordinances.
Landscaping comments were addressed. Staff stated the comments were similar to
comments made with the original application. Staff stated the minimum street buffer along T
and Watt Streets was six feet nine inches. Staff stated any variation from this minimum
requirement would require approval from the Planning Commission and the City Beautiful
Commission.
February 5, 2009
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8310-A
5
Staff noted comments provided by the various other departments and agencies stating if there
were specific concerns the applicant should contact the agency directly. There was no further
discussion of the item. The Committee then forwarded the item to the full Commission for final
action.
H. ANALYSIS:
There were no comments in need of addressing raised at the January 15, 2009, Subdivision
Committee meeting. The request is to allow a revision to a previously approved PCD to allow
an addition on the western wall of the retail building located on Parcel 1. The addition will
contain approximately 560 square feet and will be used as inventory storage for the clothing
store. The western wall of the existing building will be extended approximately eight (8) feet by
seventy (70) feet. The building materials are proposed similar to the existing building
construction of brick and block.
Staff is supportive of the request. The new construction is proposed for inventory storage and
no expansion of sales area for the retail space. There are no other modifications proposed to
the previously approved development plan. The development will remain a two phase
development. The driveway located on Biscayne Drive will be removed during the second
phase of development with the removal of the carwash and the construction of the new office
building.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request to allow the addition to be used as inventory storage
subject to compliance with the comments and conditions as outlined in paragraphs D, E and F
of the agenda staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was present. There were no registered objectors present. Staff presented the item
with a recommendation of approval of the request to allow the addition to be used as inventory
storage 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
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
ITEM NO.: 7. FILE NO.: Z-7876-A
NAME: Parrott Bay Pools Short-form PD-C
LOCATION: located on the Southwest corner of Stagecoach Road and Sibley Hole Road and East of
I-430
DEVELOPER:
Parrott Bay Pools LLC
2020 Canal Point
Little Rock, AR 72202
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 0.82 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Swimming Pool Sales and Outdoor Display
PROPOSED ZONING: PD-C
PROPOSED USE: Swimming Pool Sales and Outdoor Display
VARIANCES/WAIVERS REQUESTED: A deferral of the required street improvements to Sibley Hole
Road.
BACKGROUND:
Ordinance No. 19,370 adopted by the Little Rock Board of Directors on August 1, 2005, rezoned the
site from R-2, Single-family to PCD to allow the outdoor display of swimming pools. A building
containing 4,000 square feet and ten (10) parking spaces were approved. The days and hours of
operation were from 8:00 am to 5:30 pm Monday through Saturday. Ordinance No. 19,371 adopted
by the Board of Directors on August 1, 2005, allowed for deferral of the required street improvements
to Sibley Hole Road.
Per Section 36-454(e), the applicant shall have three (3) years from the date of passage of the
ordinance approving the preliminary approval to submit the final development plan. Requests for
extensions of time shall be submitted in writing to the Planning Commission which may grant one (1)
extension of not more than two (2) years. Time extensions shall be applied for by formal written
request not less than ninety days prior to the first expiration date. Failure of the applicant to file a
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7876-A
2
timely extension shall be cause for revocation of the PUD as provided in the ordinance. The
applicant failed to request a time extension as required per the ordinance and is now seeking to
establish the PD-C zoning to allow swimming pool sales with outdoor display. There are no other
uses proposed.
A. PROPOSAL/REQUEST:
A single building is proposed containing 4,000 square feet and the site plan indicates ten (10)
parking spaces. The development is proposed in two (2) phases. The building and parking
area will take place in the first phase. The outdoor display area will be constructed in the
second phase. The days and hours of operation are from 8:00 am to 5:30 pm Monday through
Saturday as in the original approval.
The applicant is seeking a deferral of the boundary street ordinance requirements for Sibley
Hole Road as approved in the original PCD request.
B. EXISTING CONDITIONS:
The site is a vacant cleared site. To the south of the site is a property zoned PCD containing a
plant nursery. To the north and west of the site is public right of way for I-430. East of the site
is a large wooded tract zoned C-2, Shopping Center District. Sibley Hole Road is a narrow
unimproved road dead-ending south of this site.
C. NEIGHBORHOOD COMMENTS:
Southwest Little Rock United for Progress, 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. As of this writing staff has not received any comment from area
residents.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Due to the proposed use of the property, the Master Street Plan specifies that Sibley Hole
Road for the frontage of this property must meet commercial street standards. Dedicate
right-of-way to 30 feet from centerline.
2. With site development, provide the design of the street conforming to the Master Street
Plan. Construct one-half street improvement to Sibley Hole Road including 5-foot
sidewalks with the planned development. The new back of curb should be located 18 feet
from centerline.
3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any
land clearing or grading activities at the site. Site grading, and drainage plans will need to
be submitted and approved prior to the start of construction.
4. Storm water detention ordinance applies to this property. Show the proposed location for
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7876-A
3
storm water detention facilities on the plan.
5. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the
Arkansas Department of Environmental Quality prior to the start of construction.
6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to
construction.
7. Provide existing topographic information at maximum five-foot contour interval. Show the
limits of the 100-year floodway and floodplain.
8. A minimum Finish Floor Elevation of at least one (1) foot above the base flood elevation is
required to be shown on plat and grading plans.
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for
approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of
occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information.
10. 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).
11. The east property line should be better defined on the plan. That portion of the site's
driveway that extends south must be removed if located in the right-of-way.
12. All driveways shall be concrete aprons per City Ordinance.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, for this project. A private force
main system will not allowed.
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. A Capital Investment Charge based on the size of
connection(s) will apply to this project in addition to normal charges.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at
918-3700.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7876-A
4
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Otter Creek Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for a Planned
Commercial Development to reestablish a previously approved PCD.
The request does not require a change to the Land Use Plan.
Master Street Plan: Sibley Hole Road is shown as a Local Street. The primary function of a
Local Street is to provide access to adjacent properties. Local Streets which are abutted by
non-residential zoning/use or more intensive zoning than duplexes are considered as
“Commercial Streets”. These streets have a design standard the same as a Collector. These
streets may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: A Class II Bike Route is shown along Stagecoach Road. A Class II bikeway is
located on the street as either a foot (5) foot shoulder or six (6) foot marked bike lane.
Additional paving and right of way may be required.
Neighborhood Action Plan: This area is covered by the Westwood Pecan Lake Neighborhood
Plan, but the plan does not address this issue.
Landscape: The site plan must comply with the City’s landscape and buffer ordinance
requirements.
G. SUBDIVISION COMMITTEE COMMENT: (January 15, 2009)
The applicant was not present. Staff stated there were few outstanding technical issues
associated with the request. Staff stated the site plan submitted was the approved site plan
from the original PCD request. Staff stated the request was to establish a PD-C to allow
swimming pool sales with outdoor display. Staff stated the original approval had expired.
There was no further discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS:
There were no outstanding technical issues associated with the request in need of addressing
raised at the January 15, 2009, Subdivision Committee meeting. The request is to establish a
PD-C to allow swimming pool sales with outdoor display.
The proposed days and hours of operation are from 8:00 am to 5:30 pm Monday through
Saturday. A single pylon sign located near the southwest corner of the site is proposed with a
maximum height of thirty-six feet (36’) and a total sign area of one hundred sixty (160) square
feet. There will be three (3) employees of the business.
February 5, 2009
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-7876-A
5
The building will be constructed in the first phase and contain 4,000 square feet. In addition, a
parking area containing ten (10) parking spaces will be constructed in the first phase. The
ordinance requires a minimum of thirteen (13) parking spaces for a commercial establishment
based on the indicated square footage. Although the parking indicated is not sufficient to meet
the typical minimum parking required for a commercial business, staff feels ten (10) parking
spaces is adequate to serve the proposed use of the site.
The applicant is requesting a deferral of the required street improvements to Sibley Hole Road.
The road dead-ends just south of this site and further south, the Fourche Creek Bridge has
been removed. The right of way on Sibley Hole Road is sufficient to meet Master Street Plan
requirement. Staff is supportive of the deferral request for a period of five (5) years or until
abutting development occurs, whichever occurs first. Staff feels the proposed use of the site
will not generate a great deal of traffic that will require boundary street improvements at this
time.
Staff is supportive of the proposed rezoning request. The applicant is requesting to establish a
PD-C to allow swimming pool sales with outdoor display. To staff’s knowledge, there are no
outstanding technical issues associated with the request. The site was originally approved for
this activity and there has been little change in the area since the original approval. The site is
identified as Commercial on the City’s Future Land Use Plan and there are commercially
zoned properties to the south and east of the site. Staff does not feel the placement of the
outdoor activity on the site will have any adverse impact on the adjoining properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the conditions outlined in
paragraphs D, E and F of the above staff report.
Staff recommends approval of the deferral request of the required street improvements to
Sibley Hole Road for a period of five (5) years or until abutting development occurs, whichever
occurs first.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
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 conditions outlined
in paragraphs D, E and F of the above staff report. Staff also presented a recommendation of
approval of the deferral request of the required street improvements to Sibley Hole Road for a period
of five (5) years or until abutting development occurs, whichever occurs first.
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
I T E M N O . : 8 F I L E N O . : Z-8425
NAME: Barber Short-form PID
LOCATION: located at 2011 East Roosevelt Road
DEVELOPER:
Raymond Barber
c/o Alfred Dugan
103 East 24th Street
Little Rock, AR 72206
SURVEYOR:
Donald Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.34 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: I-2, Light Industrial
ALLOWED USES: Light Industrial Uses
PROPOSED ZONING: PID
PROPOSED USE: Light Industrial Uses
VARIANCES/WAIVERS REQUESTED: None requested.
The original request was to allow the use of the site for assembly. The applicant has provided staff
with a letter indicating there will be no public assembly at this site. The activities taking place will be
activities similar to those allowed in a recording studio, which is an allowed use under the current
zoning. The applicant has secured a privilege license with the City for a recording studio. Staff
recommends this item be withdrawn from consideration.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was not present. There were no registered objectors present. Staff stated the original
request was to allow the use of the site with public assembly. Staff stated the applicant had provided
them with a letter indicating there would be no public assembly at this site. Staff stated the activities
taking place would be activities similar to those allowed in a recording studio, which was an allowed
use under the current zoning. Staff stated the applicant had secured a privilege license with the City
for a recording studio. Staff presented a recommendation the item be withdrawn from consideration.
February 5, 2009
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8425
There was no further discussion of the item. The Chair entertained a motion for approval of the
Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
February 5, 2009
ITEM NO.: 9 FILE NO.: G-23-406
Name: Chicot Road – right-of-way abandonment
Location: West side of Chicot Road, at its intersection with S. University Avenue
Owner/Applicant: J. A. Riggs Tractor Co.
Request: To abandon approximately 0.23 acre of the Chicot Road right-of-way,
located along the west side of Chicot Road, at its intersection with S.
University Avenue.
Purpose: Buffer and staging of construction equipment.
STAFF REVIEW :
Public Works Issues:
1. The subject right-of-way was purchased by the City of Little Rock as part of the federal street
improvement project for University Ave. and Chicot Road. Since the property was purchased
with federal monies, per federal regulations, the City is not allowed to abandon the right-of-
way, sell it, or give it to another entity.
2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private
improvements desired in the right-of-way.
Staff Note:
As noted in the Public Works comments, this portion of the Chicot Road right-of-way was
purchased with Federal funds. Therefore, the City cannot abandon any of the right-of-way and
convey it to another entity. Therefore, Staff recommends this application be withdrawn, without
prejudice. The applicant has the option of applying for a franchise agreement with the Public
Works Department for use of the right-of-way area.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
Staff informed the Commission that the application needed to be withdrawn, without prejudice.
The Chairman placed the item before the Commission for inclusion within the Consent Agenda for
withdrawal, without prejudice. A motion to that effect was made. The motion passed with a vote of
10 ayes, 0 nays, and 1 absent. The application was withdrawn, without prejudice.
February 5, 2009
ITEM NO.: 10 FILE NO.: G-23-407
Name: Asbury Road right-of-way abandonment
Location: Asbury Road platted right-of-way;
south of Kanis Road
Owner/Applicant: Rocket Properties, Thomas and Carol Smelley
Request: To abandon the platted but undeveloped, 40 foot wide Asbury
Road right-of-way located south of Kanis Road.
Purpose: To incorporate into potential future development
STAFF REVIEW :
A. Public Need for this Right-of-Way:
There is no public need for this platted but undeveloped right-of-way. Both abutting
property owners have requested abandonment of the right-of-way.
B. Master Street Plan:
There is no Master Street Plan issue. The street is not indicated on the plan. A new
collector street is being constructed just to the west, from Kanis Road to the
Woodlands Edge development.
C. Characteristics of Right-of-Way Terrain:
The right-of-way is heavily wooded and undeveloped.
D. Development Potential:
The property to the west has been zoned to PCD for development of a mixed use
development containing commercial and office uses. The property to the east is
residential. Once abandoned, the area of the right-of way will be incorporated into the
adjacent properties.
E. Neighborhood and Land Use Effect:
A recently approved Planned Development is located adjacent to the west. A new
street is now being constructed through the Planned Development, connecting Kanis
Road to the Woodlands Edge development to the south. The abutting property to the
west contains a single family residence on a large tract.
February 5, 2009
ITEM NO.: 10 (Cont.) FILE NO. G-23-407
2
F. Neighborhood Position:
The abutting property owners are the applicants. No other property owners are
affected. Notice of the proposed abandonment was sent to the Parkway Place and
Woodlands Edge Neighborhood Associations. No comment has been received from
any parties other than the applicants.
G. Effect on Public Services or Utilities:
All public services and utilities have approved the right-of-way abandonment subject to
the area of the right-of-way being retained as an easement.
H. Reversionary Rights:
The street was dedicated through the 1918 plat and bill of assurance for Asbury Acres.
There were no reversionary clauses. The area of the abandoned right-of-way will
revert to the abutting property owners, Rocket Properties and the Smelleys.
I. Public Welfare and Safety Issues:
The street was never built and has never been used for access. A new street is under
construction just to the west. Abandoning this undeveloped right-of-way will not affect
public welfare and safety.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 15, 2009)
The applicant was present. Staff presented the item and commented that the right-of-way
should not be abandoned until the new street to the west is constructed and accepted by the
City as public right-of-way. The applicant stated the timing of completing the street would
likely coincide with this application reaching the Board of Directors. The committee
determined there were no issues and forwarded the item to the Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the 40 foot wide undeveloped Asbury
Road right-of-way located south of Kanis Road, adjacent to tracts 10, 11, 13,14,15 and 16 of
Asbury acres subject to the area of the abandoned right-of-way being retained as a utility
easement.
Staff recommends that the right-of-way abandonment not be approved by the Board of
Directors until the new street to the west is constructed and accepted by the City as public
right-of-way.
February 5, 2009
ITEM NO.: 10 (Cont.) FILE NO. G-23-407
2
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant was present. There were no objectors present. Staff presented the item and a
recommendation of approval, subject to the conditions outlined in the “staff recommendation”
above. There was no further discussion.
The item was placed on the consent agenda and approved as recommended by staff. The
vote was 10 ayes, 0 noes and 1 absent.