pc_09 17 2009
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
SEPTEMBER 17, 2009
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
William Changose
J. T. Ferstl
Troy Laha
Jerry Meyer
Obray Nunnley, Jr.
Bill Rector
Billy Rouse
Candice Smith
Chauncey Taylor
Jeff Yates
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the August 6, 2009 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
SEPTEMBER 17, 2009
4:00 P.M.
I. OLD BUSINESS:
A. G-23-410 West 29th Street – Right-of-Way Abandonment
West of Fair Park Blvd.
B. Z-4159-B Steitler Mini-Warehouse – Conditional Use Permit
9500 I-30
C. Z-8484 Perry Day Care Family Home
9418 Southboro Drive
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. Z-8493 Rezoning from R-2 and I-2 to C-3 with condition
6510 Woodson Road
1.1 Z-8493-A Arkansas Sling Company – Conditional Use Permit
6510 Woodson Road
2. Z-8494 Rezoning from R-2 to I-2
400 feet east of the southeast corner of I-30 and Sibley
Hole Road
3. G-25-203 Burnett Road Street Name Change to Sweetwater Cove
4. LU09-18-01 A Land Use Plan Amendment in the Ellis Mountain
Planning District from Medium Residential to Suburban
Office at the 12800 Kanis Road block.
5. Central High Neighborhood Design Overlay District
September 17, 2009
ITEM NO.: A FILE NO.: G-23-410
Name: West 29th Street – Right-of-Way Abandonment
Location: West of Fair Park Blvd.
Owner/Applicant: University of Arkansas Little Rock/DCI, Inc. (Robert Brown)
Request: To abandon approximately 516 feet of the 40-foot wide West
29th Street right-of-way located immediately west of Fair
Park Blvd.
Purpose: To create a secured parking lot.
PROPOSAL/REQUEST:
The request is to abandon approximately 516 feet of the 40-foot wide West 29th Street right-
of-way, located immediately west of Fair Park Boulevard. There is currently a paved
driveway located within the right-of-way, which runs through UALR parking lot #15. The
driveway contains curbs, gutters and landscaping along both sides. The driveway currently
serves the parking lot and the Pi Kappa Alpha fraternity property at its west end. The
abandonment is requested in order to gate and fence the right-of-way area to create a
secured parking lot. UALR will grant the Pi Kappa Alpha property new access from West 28th
Street to the south.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the utility companies object to the abandonment
request. Three (3) utilities request the area of abandonment be retained as a utility
easement. The Public Works Department has no comments on the abandonment
request.
B. Master Street Plan:
The City’s Master Street Plan designates this right-of-way as a local street. Therefore,
there are no Master Street Plan issues associated with the abandonment request.
C. Characteristics of Right-of-Way Terrain:
There is currently a paved driveway within the right-of-way, which serves UALR
parking lot #15.
September 17, 2009
ITEM NO.: A (Cont.) FILE NO.: G-23-410
2
D. Development Potential:
After abandonment, the area of right-of-way will be gated and fenced to create a
secured parking lot.
E. Neighborhood and Land Use Effect:
The general area contains a mixture of uses. UALR parking areas are located on the
north and south sides of the right-of-way, with other UALR property to the south and
west. The Lions World Services for the Blind is located across Fair Park Blvd. to the
east. There are also a number of single-family homes in the area.
F. Neighborhood Position:
The Curran-Conway and Fair Park Neighborhood Associations and the University
District were notified of the abandonment request. As of this writing, staff knows of no
objectors to the abandonment request.
G. Effect on Public Services or Utilities:
Wastewater: No objection but an easement must be retained for existing sewer main
located in right-of-way.
Entergy: No objection to abandonment. No easements requested.
CenterPoint Energy: No objection to abandonment. Retain area of abandonment as a
utility easement.
AT& T (SBC): No objection to abandonment. No easements requested.
Water: Central Arkansas Water has no objection to closure of this right-of-way, as
described. However, CAW has existing water facilities located within this area and
requires that the right-of-way be retained as a utility easement. This will allow for
the development of additional parking lots for UALR.
H. Reversionary Rights:
The applicant submitted a letter from an abstract company noting that no reversionary
rights were found filed of record in the Records of Pulaski County, Arkansas.
I. Public Welfare and Safety Issues:
Abandoning this right-of-way will have no adverse impact on the public welfare and
safety. The Little Rock Fire Department has reviewed and approved the abandonment
request, subject to Knox box entry being required.
September 17, 2009
ITEM NO.: A (Cont.) FILE NO.: G-23-410
3
SUBDIVISION COMMITTEE COMMENT: (JUNE 4, 2009)
Robert Brown was present, representing the application. Staff briefly described the
abandonment request. Staff noted that the area of abandonment would be retained as a
utility easement.
The issue of the Pi Kappa Alpha property located to the west was discussed. Staff noted that
UALR would grant the Pi Kappa Alpha property new access from West 28th Street to the
north.
After the discussion, the Committee forwarded the issue to the full Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the requested West 29th Street of right-of-way abandonment,
subject to the following conditions:
1. The area of abandonment being retained as a utility and drainage easement.
2. A Knox box being installed as required by the Fire Department.
3. Execution of an access easement agreement, granting new access to the Pi Kappa Alpha
property.
PLANNING COMMISSION ACTION: (JUNE 25, 2009)
Staff informed the Commission that the applicant submitted a letter on June 25, 2009
requesting this application be deferred to the August 6, 2009 Agenda. Staff supported the
deferral request.
With a vote of 7 ayes, 0 nays and 4 absent, the Commission voted to waive their bylaws and
accept the request for deferral being less than five (5) business days prior to the public
hearing.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the August 6, 2009 Agenda. A motion to that effect was made. The
motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred.
PLANNING COMMISSION ACTION: (AUGUST 6, 2009)
Staff informed the Commission that the applicant submitted a letter to staff on July 27, 2009
requesting the application be deferred to the September 17, 2009 Agenda. Staff supported
the deferral request.
September 17, 2009
ITEM NO.: A (Cont.) FILE NO.: G-23-410
4
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the September 17, 2009 Agenda. A motion to that effect was made.
The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for approval. A motion to that effect was made. The motion passed by a vote of
10 ayes, 0 nays and 1 absent. The application was approved.
September 17, 2009
ITEM NO.: B FILE NO.: Z-4159-B
NAME: Steitler Mini-Warehouses – Conditional Use Permit
LOCATION: 9500 I-30
OWNER/APPLICANT: Four States Investments/Ronald Steitler
PROPOSAL: A conditional use permit is requested to allow for
development of a mini-warehouse complex on this
C-3 zoned, 5.4± acre tract.
1. SITE LOCATION:
The property is located on the north side of I-30, west of Chicot Road and
just east of the Town and Country Neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property fronts onto the I-30 Access Road in an area of mixed zoning
and uses. As “OS” zoned floodway is adjacent to the east. A large area
of C-4 zoned properties extends further to the east, along the interstate.
An area of undeveloped, R-2 zoned property is located to the north. A
wooded drainageway/creek separates this site from that adjacent R-2
zoned property. An R-2 zoned residential neighborhood is located west of
the site. A 50’ wide, “OS” zoned buffer separates this site from the
neighborhood. An area of I-2, C-4 and C-3 zoned properties extends
along the interstate to the west. The interstate right-of-way abuts to the
south with an area of C-3, C-4 and I-2 zoned properties beyond.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the SWLR United for Progress
and Town and Country Neighborhood Associations were notified of this
request. A letter of support has been received from SWLR United for
Progress.
3. ON SITE DRIVES AND PARKING:
Access to the site is proposed via a single driveway off of the interstate
access road. Four parking spaces are located adjacent to the office.
Driveways and parking are located adjacent to each of the mini-
warehouse buildings as is typical for such developments. No areas of
outside storage for RV’s, boats and campers are proposed.
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
The western perimeter of the site has a fifty foot (50’) open space area
that is to be undisturbed. The plan submitted reflected that area to be a
“clear zone”. This is not allowed; revise.
The zoning buffer ordinance requires a thirty nine foot (39’) land use buffer
along the northern perimeter of the site. Seventy percent (70%) of this
area is to remain undisturbed. Currently, buildings are being proposed in
this area; therefore, these structures must be moved out of this minimal
area.
The zoning buffer ordinance requires a twenty-six (26’) foot wide land use
buffer along the eastern perimeter of the site. Seventy percent (70%) of
this area must remain undisturbed.
The zoning buffer ordinance requires an average thirty-nine (39’) foot wide
street buffer along Interstate 30. Currently, this minimal amount isn’t
being met; revise.
The Landscape Ordinance requires a thirty (30’) foot wide landscape strip
along Interstate 30. A variance from this minimal amount must be
obtained from the City Beautiful Commission prior to the issuance of a
building permit.
The Landscape Ordinance requires a nine (9’) foot wide landscape strip
around the sites entirety. A variance must be obtained from the City
Beautiful Commission prior to the issuance of a building permit.
An automatic irrigation system is required for all the newly planted
landscaped areas on the site.
A landscape plan with the seal of a Registered Landscape Architect will be
required prior to the issuance of a building permit.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when properly preserving trees of six (6) inch
caliper.
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
3
5. PUBLIC WORKS COMMENTS:
1. Obtain permits for improvements within State Highway right-of-way
from AHTD, District VI. The western driveway must be constructed
with concrete per AHTD specification.
2. A grading permit in accordance with Section 29-186 (c) & (d) will be
required prior to any land clearing or grading activities at the site.
Other than residential subdivisions, site grading and drainage plans
must be submitted and approved prior to the start of construction.
3. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
4. 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.
5. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction.
6. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a
twenty-five (25) foot wide access easement is required adjacent to the
floodway boundary.
7. The minimum Finish Floor elevation of one (1) foot above the base
flood elevation is required to be shown on plat and grading plans.
8. The driveway located in the floodway must be removed along with any
fill including the existing gravel located in the floodway.
COMMENTS BASED ON REVISED SITE PLAN
1. The driveway located in the floodway on the southeast portion of the
site must be removed along with any fill material including the existing
gravel located in the floodway;
2. The floodway must be shown in a floodway easement or dedicated to
the City of Little Rock;
3. The twenty-five (25) foot access easement adjacent to the floodway
should be located outside of the floodway not within the floodway;
4. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan;
5. The proposed minimum finish floor elevation of one (1) foot above the
base flood elevation is required to be shown on the proposed plan and
on the final plat;
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
4
6. The west driveway off the interstate frontage road must be concrete
and constructed per AHTD standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted.
Centerpoint Energy: Approved as submitted.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. The Little Rock Fire Department
needs to evaluate this site to determine whether additional public and/or
private fire hydrant(s) will be required. If additional fire hydrant(s) are
required, they will be installed at the Developer’s expense.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: This site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (June 4, 2009)
The applicant was present. Staff presented the item and noted there was
additional information needed including building heights, building and roof
materials, signage, fencing and lighting. The applicant was asked to label
building setbacks and to provide hours of operation and access. Staff noted
dumpster locations and screening needed to be indicated and a phasing plan
provided. Staff asked that the landscape areas be labeled and the “OS” zoned
portion of the site be indicated as to remain undisturbed. Staff asked the
applicant to label areas of outdoor storage and to provide justification for the
proposed gravel parking area.
Public Works Comments were addressed next. Staff noted an NPDES permit
would be required prior to construction and a special grading permit for flood
hazard areas was required. Staff noted floodway areas needed to be shown as
easements or dedicated to the City and a 25-foot wide access easement was
required adjacent to the floodway boundary. Staff noted the driveway and any fill
which had been placed in the floodway needed to be removed.
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
5
Landscape Comments were discussed. Staff noted that the plan did not provide
the required areas of buffer and landscaping. Individual areas were noted.
The applicant responded that he was not sure if he would proceed with the
application. He was advised to respond to staff by Wednesday June 10, 2009 by
either responding to issues raised by staff or by informing staff if he chose to
withdraw or defer.
SUBDIVISION COMMITTEE COMMENT: (REVISED AUGUST 27, 2009)
The applicant submitted a revised plan based on the June 4, 2009 Subdivision
Committee review. The applicant was present. Staff stated some additional
information was needed. Staff requested the applicant provide the hours of
operation and access.
Public Works Staff commented on the revised plan and noted the driveway and
any fill material located in the following on the southeast portion of the site must
be removed. Staff noted the floodway should be shown in an easement or
dedicated to the City and the 25 ft. access easement adjacent to the floodway
should be located outside of the floodway. Staff commented that stormwater
detention facilities needed to be indicated on the plan and the minimum finished
floor elevation of buildings was required to be shown. Lastly, staff stated the
driveway off of the access road needed to be constructed to AHTD standards.
The applicant was advised to respond to staff issues by September 2, 2009. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
construction of a mini-warehouse development on this C-3 zoned, 5.4± acre
tract. The site currently contains a partially constructed metal frame building.
The applicant proposes to construct a total of seven, one-story metal buildings on
the site. The buildings will contain both standard and climate-controlled mini-
warehouse storage units. The facility will contain approximately 348 units. The
partially completed building, when finished, will have a height of 14 feet and will
have a brick front façade. This building will contain the conditioned units. A
small office area will be located at the front of this building. The remaining 6
buildings will have a height of 8.5 feet to 9.5 feet. These buildings will contain
the remainder of the standard units.
A single driveway will provide access to the site. A parking lot will be located
adjacent to the office. Fences and gates will control access to the remainder of
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
6
the site. Paved driveways are located on the site to provide access to the
various mini-warehouse buildings. A 6-foot tall chain link fence with security wire
will enclose the developed portion of the site. Lighting will consist of wall
mounted light fixtures placed on the various buildings. No areas of outside
storage are proposed for items such as RV’s, campers or boats. Signage will
comply with that allowed in commercial districts.
The applicant has responded to the various issues raised at the two Subdivision
Committee meetings. The hours of operation for the office are Monday through
Friday, 8:00 a.m. to 5:00 p.m.; Saturday, 8:00 a.m. to 12:00 p.m. and closed on
Sunday. Gate hours for access to the units are 7 days a week, 7:00 a.m. to 8:00
p.m. 24 hours access will be granted on a case by case basis. It is anticipated
that less than 1% will have such access. The site plan has been revised to
address all Public Works Comments regarding detention, access and floodway
issues. Some minor modification will need to be made to the proposed
landscaping along the southeast perimeter of the site. Otherwise the site
complies with the landscape ordinance provisions. A 50-foot wide undisturbed
“OS” strip will be retained along the western perimeter. The chain link security
fence will be placed on the applicant’s side of the “OS” strip and an additional
landscape strip will be placed within the fenced area. As proposed, the “OS”
buffer and landscape area ranges from 58.86 feet to 75 feet in width along the
west perimeter. The buildings are designed so that the buildings nearest the
west perimeter are accessed only from the east side so that the buildings
themselves actually provide additional screening. The site abuts a 300± foot
wide floodway on the east. The landscape and buffer strip adjacent to the
floodway varies from 9 feet to over 40 feet. The required 25 foot floodway
access easement overlays much of this area. Staff is supportive of this
configuration since the 300 foot wide floodway provides adequate open space
and the property on the east side of the floodway is zoned C-4. A 39-foot wide
land use buffer is required along the north perimeter where the site abuts
undeveloped, R-2 zoned property. A creek/drainageway separates the two
properties. The applicant is proposing to intrude into a portion of this buffer with
a driveway. Landscaping will be installed in this area. Staff believes it is
appropriate to require landscaping at 1 ½ times the Ordinance for plant size and
numbers to enhance the screening in this area.
Staff is supportive of the request. The property is zoned C-3 which would allow
the by-right development of the property with any of a number of commercial
uses. The proposed mini-warehouse use is a relatively quiet and unobtrusive
use. The site is buffered on the east and west by “OS” zoned buffer and
floodway and fronts onto the interstate. There is no bill of assurance for this
acreage tract.
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
7
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of a variance to allow a reduction in the land use
buffer on the north and east perimeters subject to landscaping being installed
along the north perimeter at 1 ½ times the landscape ordinance requirement for
size and plant numbers to provide entranced screening.
STAFF REPORT:
On June 9, 2009, the applicant requested deferral of the item to the August 6,
2009 meeting to allow additional time to address site plan related issues. Staff
supports the deferral request.
PLANNING COMMISSION ACTION: (JUNE 25, 2009)
The applicant was not present. There were no objectors [present. Staff informed
the Commission that the applicant had requested deferral of the item to allow
more time to address the issues raised at Subdivision Committee. There was no
further discussion. The item was placed on the consent agenda and approved
for deferral to the August 6, 2009 agenda. The vote was 7 ayes, 0 noes and
4 absent.
STAFF UPDATE:
The applicant has not responded to issues raised at the June 4, 2009
Subdivision Committee meeting. Staff recommends deferring the item to the
September 17, 2009 Agenda.
PLANNING COMMISSION ACTION: (AUGUST 6, 2009)
The applicant was not present. There were no objectors present. Staff informed
the commission that the applicant had failed to respond to issues raised at
subdivision committee in a timely manner. Staff recommended deferring the
item to the September 17, 2009 agenda. There was no further discussion. The
item was placed on the consent agenda and approved for deferral to the
September 17, 2009 agenda by a vote of 10 ayes, 0 noes and 1 absent.
September 17, 2009
ITEM NO.: B (Cont.) FILE NO.: Z-4159-B
8
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The applicant was present. There were no objectors present. A letter of
support had been received from Southwest Little Rock United for Progress. A
letter of opposition had been received from an unidentified resident of the Town
and Country neighborhood. Staff presented the item and a recommendation of
approval subject to compliance with 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.
September 17, 2009
ITEM NO.: C FILE NO.: Z-8484
NAME: Perry Day Care Family Home – Special Use Permit
LOCATION: 9418 Southboro Drive
OWNER: Maggie Perry
APPLICANT: Maggie Perry
PROPOSAL: A Special Use Permit is requested to allow a Day
Care Family Home to be operated in the single family
residence located on the R-2 zoned property at
9418 Southboro Drive.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Windamere, OUR and
SWLR United for Progress Neighborhood Associations were notified of the
public hearing.
B. Public Works Comments:
No Comments.
C. Staff Analysis:
9418 Southboro Drive is located on the west side of Southboro Drive,
south of Southwick Drive and immediately east of the McClellan High
School campus. The properties to the north, south and east are zoned R-
2 and contain single-family residences.
The applicant’s home is a one-story brick and frame single-family
residence, which is typical of those in the neighborhood. The rear yard is
fenced and should provide a safe play area. The proposed hours of
operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. There
may be an additional employee if required by the State.
There is a one-car wide driveway from Southboro Drive, which widens to a
two-car width, with parking for four (4) vehicles. The applicant will typically
have one (1) vehicle parked on the driveway during day care hours.
There is a Southwestern Bell utility outlet located on the north side of the
drive, which prohibits it from being widened from the street. Staff believes
the driveway will be sufficient for the drop-off and pick-up of children.
Inspection of the property revealed no non-operational vehicles on the site
September 17, 2009
ITEM NO: C (Cont.) FILE NO.: Z-8484
2
and no vehicles parked on unpaved area. The applicant is currently
caring for no children at this location.
The applicant submitted a copy of the Bill of Assurance for the subdivision,
which was recorded in 1965 and appears to still be valid. It contains the
following language related to land use:
“Except for Lots 1, 2, 3, 17, 18 and 19, all lots shall be used
for residential property only and no structure other than one
detached single family dwelling shall be erected thereon.
Lots 1, 2, 3, 17, 18 and 19 may be used for any use now
permitted under E-1 zoning in the City of Little Rock,
Arkansas.”
The principal use of the property will remain single family residential. No
signage beyond that allowed in single-family zones will be permitted.
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes
the site and location criteria for day care family homes as follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
September 17, 2009
ITEM NO: C (Cont.) FILE NO.: Z-8484
3
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
D. Subdivision Committee Comments: (July 16, 2009)
Maggie Perry was present, representing the application. Staff presented
the proposed day care family home issue.
In response to a question raised by staff, Ms. Perry noted that the hours of
operation would be 6:00 am. to 6:00 p.m., Monday through Friday.
The size of the existing driveway was discussed. Staff explained that
space exists for parking four (4) vehicles on the driveway.
September 17, 2009
ITEM NO: C (Cont.) FILE NO.: Z-8484
4
The procedure for notifying surrounding property owners was discussed.
Ms. Perry indicated that she probably would need additional time to notify
the surrounding owners as required.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 9418 Southboro Drive, subject to the following conditions:
1. Compliance with the site and location criteria in Section 36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
STAFF UPDATE:
The applicant contacted staff on July 23, 2009 and requested the application be
deferred to the September 17, 2009 agenda to allow additional time to complete
notifications to surrounding property owners. Staff supports the deferral request.
PLANNING COMMISSION ACTION: (AUGUST 6, 2009)
Staff informed the Commission that the applicant contacted staff on July 23, 2009
and requested the application be deferred to the September 17, 2009 agenda to
allow additional time to complete notifications to surrounding property owners.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 17, 2009 Agenda. A motion to
that effect was made. The motion passed by a vote of 10 ayes, 0 nays and
1 absent. The application was deferred.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
Maggie Perry was present, representing the application. There was one (1)
person present in support and two (2) persons present in opposition. Staff
presented the application with a recommendation of approval.
September 17, 2009
ITEM NO: C (Cont.) FILE NO.: Z-8484
5
Ruth Bell addressed the Commission in support of the application. She
explained that the proposed day care family home complied with ordinance
standards and should be approved.
Pat Gee, with Upper Baseline Neighborhood Association and SWLR United for
Progress, spoke in opposition. She noted that both groups opposed the
application. She expressed concern with traffic in the area. She noted that the
neighborhood had worked hard to make the area safe.
Carla Coleman also spoke in opposition. She also noted concern with traffic in
the area. She stated that the bill of assurance for the neighborhood did not allow
the use.
Maggie Perry addressed the Commission in support of the application. She
explained that her house was adjacent to McClellan High School and there were
many children in the area every day. She noted that there were several different
routes to her house. She also noted that a nearby day care on Geyer Springs
Road had recently closed.
In response to question from Commissioner Adcock, Ms. Perry explained that
she was not interested in opening a day care center, only a day care family
home. Ms. Perry also noted that she was in the process of being licensed by the
State.
In response to questions from Commissioner Nunnley, Ms. Perry noted that she
was a real estate agent. She also noted that her daughter would help her with
the day care use.
Staff noted that there were no other day care uses within 300 feet of Ms. Perry’s
property.
In response to questions from Commissioner Laha, Ms. Perry noted that her
clients lived throughout the city. She noted that all drop-off and pick-up of
children would be done in the driveway area. The hours of operation were briefly
discussed. Commissioner Laha noted that he was opposed to businesses in
neighborhoods.
Ms. Coleman discussed other issues related to the neighborhood.
Commissioner Rector commented in support of day care family homes.
Commissioner Nunnley made additional comments in support of the application.
Commissioner Adcock asked if Ms. Perry would charge for her day care service.
Ms. Perry noted that she would, but would also accept persons who could not
afford day care.
September 17, 2009
ITEM NO: C (Cont.) FILE NO.: Z-8484
6
There was a brief discussion of the commercial properties in the area which were
vacant and could be used for a day care center.
Commissioner Smith asked Ms. Perry if she was familiar with the Quality Rating
Improvement System for day care uses. Ms. Perry noted that she was and
would be taking yearly classes.
There was a brief discussion of what the ordinance allows for day care uses in
residential areas.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 7 ayes, 3 nays and 1 absent. The application was
approved.
September 17, 2009
ITEM NO.: 1 FILE NO.: Z-8493
Owner: BSILR, LLC
Applicant: Robert D. Holloway, The Holloway Firm, Inc.
Location: 6510 Woodson Road
Area: Approximately 3.70 Acres
Request: Rezone from R-2 and I-2 to C-3
(with condition)
Purpose: Wire cable and sling storage, with light
assembly and shipping
Existing Use: Vacant commercial buildings
SURROUNDING LAND USE AND ZONING
North – School, animal clinic and mixed commercial/industrial uses
(across West 65th Street); zoned R-2, C-3, I-2 and PID
South – Single family and two-family residences; zoned R-2 and R-4
East – Mixed commercial/industrial uses (across Woodson Road);
zoned I-2
West – Mixed commercial/industrial uses; zoned R-2, C-3 and I-2
A. PUBLIC WORKS COMMENTS:
1. West 65th Street is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Woodson Road for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
September 17, 2009
ITEM NO: 1 (Cont.) FILE NO.: Z-8493
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Wakefield and SWLR
United for Progress Neighborhood Associations were notified of the
rezoning request.
D. LAND USE ELEMENT:
This request is located in the 65th Street East Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from R-2 and I-2 to C-3 with conditions.
The request does not require a change to the Land Use Plan.
Master Street Plan:
65th Street is a Minor Arterial. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance
travel within the urbanized area. Woodson Road is a Local Street. The
primary function of a Local Street is to provide access to adjacent
properties. Local Streets which are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as “Commercial
Streets”. These streets have a design standard the same as a Collector.
These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
There are no bike routes in the immediate vicinity.
Neighborhood Action Plan:
This area is covered by the Geyer Springs/Wakefield Neighborhood Plan.
The Transportation Goal states: “Widen Woodson Road to Master Street
Plan standards.”
E. STAFF ANALYSIS:
BSILR, LLC, owner of the 3.70 acre property located at 6510 Woodson
Road, is requesting to rezone the property from “R-2” Single Family
District and “I-2” Light Industrial District to “C-3” General Commercial
District (with condition). The rezoning is proposed in order to utilize the
existing commercial structures for wire cable and sling storage, with light
assembly and shipping. A conditional use permit to allow this use is a
September 17, 2009
ITEM NO: 1 (Cont.) FILE NO.: Z-8493
3
separate application on this agenda. The applicant has offered a
condition for the proposed C-3 zoning to eliminate the following uses as
permitted uses for the property:
• bar, lounge or tavern
• establishment for the care of alcoholic, narcotic or psychiatric
patients
• pawn shop
• private club with dining or bar service
• special event center
Currently there is a one-story brick commercial building within the east half
of the property, including a covered, unenclosed area. There is also a
small metal building on the site. Access drives from Woodson Road serve
the property. There is an area of paved parking on the south side of the
buildings. The west portion of the property is undeveloped.
There is a mixture of uses and zoning in this immediate area. A school
and animal clinic are located immediately to the north. Mixed
commercial/industrial uses are located further north across West 65th
Street. Single family and two-family residences are located to the south.
Mixed commercial/industrial uses are located to the west and east (across
Woodson Road).
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-3 (with condition) zoning does not require a change to
the future plan.
Staff is supportive of the requested rezoning to C-3 (with condition). Staff
views the request as reasonable. The property has a history of being
utilized as a Southwestern Bell Telephone maintenance facility, including
outdoor storage of materials. The rezoning of this property to C-3 (with
condition) will be consistent with the other commercial and light industrial
zonings in this area along the West 65th Street corridor. Staff believes use
of this property as an enclosed commercial use will have no adverse
impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning, subject to the
following condition, as offered by the applicant:
September 17, 2009
ITEM NO: 1 (Cont.) FILE NO.: Z-8493
4
The following uses will not be permitted within the C-3 zoning:
• bar, lounge or tavern
• establishment for the care of alcoholic, narcotic or psychiatric
patients
• pawn shop
• private club with dining or bar service
• special event center
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 10 ayes, 0 nays and 1 absent. The application was
approved.
September 17, 2009
ITEM NO.: 1.1 FILE NO.: Z-8493-A
NAME: Arkansas Sling Company – Conditional Use Permit
LOCATION: 6510 Woodson Road
OWNER/APPLICANT: BSILR, LLC/The Holloway Firm
PROPOSAL: A conditional use permit is requested to allow
Arkansas Sling Company to operate an
office/warehouse with light assembly, packaging and
shipping on this site. The property is zoned R-2
Single Family. A request to rezone the property to
C-3 General Commercial is a separate item on this
agenda (Z-8493).
1. SITE LOCATION:
The site is located on the west side of Woodson Road, one lot south of
West 65th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses and zoning, transitioning
from the industrial uses located along 65th Street to the single-family
neighborhood located to the south. Industrial use and zoning are located
to the east, west and north. A C-3 zoned veterinary clinic is adjacent to
the north. This property is a part of a larger tract that at one time was
occupied by the phone company. A day care center occupies one of the
phone company’s former buildings to the northwest. Single-family homes
are located to the south. Under this proposal, the only change to the site
will be the enclosing of an existing canopy structure. The proposed use
appears to be a good transitional use, which is compatible with uses in the
area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the SWLR United for Progress
and Wakefield Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by existing driveways off of Woodson Road. A 20
space, paved parking lot is located south of the building. Additional
parking and loading area is located on the north side of the building. No
changes to the driveways or parking are proposed.
September 17, 2009
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8493-A
2
4. SCREENING AND BUFFERS:
Any new paved areas must comply with the City’s Landscape and Buffer
Ordinances.
Section 15-85. Remodeling and expansion projects.
(a) All vehicular use areas which were in existence prior to the
effective date of this article may continue as nonconforming
until such time a building permit is issued to rehabilitate a
structure on the property exceeding fifty (50) percent of the
current replacement cost of the structure. At such time fifty
(50) percent of the existing vehicular use area shall be
brought into compliance with this chapter and shall continue
to full compliance on a graduated scale based upon the
percentage of rehabilitation cost.
(b) Additionally, all vehicular use areas which were in existence
prior to the effective date of this article may continue as
nonconforming until such time as a building permit is granted
to enlarge or reconstruct a structure on the property
exceeding ten (10) percent of the existing gross floor area.
At such time ten (10) percent of the existing vehicular use
area shall be brought into compliance with this chapter and
shall continue to full compliance on a graduated scale.
5. PUBLIC WORKS COMMENTS:
1. W. 65th Street is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way forty-five (45) feet from centerline
will be required.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Woodson Road for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty (30)
feet from centerline.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No comments received.
Entergy: Approved as submitted.
CenterPoint Energy: No comments received.
September 17, 2009
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8493-A
3
AT&T (SBC): No comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. The Little Rock Fire Department
needs to evaluate this site to determine whether additional public and/or
private fire hydrant(s) will be required. If additional fire hydrant(s)
required, they will be installed at the Developer’s expense. Contact
Central Arkansas Water if additional fire protection or metered water
service is required.
Fire Department: Approved as submitted. Fire hydrant will be required at
time of Building Permit.
County Planning: No Comments.
CATA: A CATA bus route is located one (1) block west of the site, at 65th
Street and Geyer Springs.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 27, 2009)
The applicant was not present. Staff presented the item and noted little
additional information was needed. Staff requested additional information
regarding signage, site lighting and building materials. Staff noted that all uses
would be required to take place entirely within the enclosed building.
Public Works, Utility and Landscape Comments were noted.
Staff stated they would meet with the applicant to discuss the comments.
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 6510 Woodson Road is a lot that was created
from a larger tract that previously was occupied by the phone company. This lot
contains a 100 ft. X 30 ft. brick building, a 20 ft. X 20 ft. metal building and
asphalt paved parking and driveways. A 100 ft. X 130 ft. canopy extends out
from the brick building. The applicants propose to enclose the canopy and attach
it to the brick building. The property is proposed to be used by Arkansas Sling
Company as an office/warehouse with light assembly/packaging and shipping of
the materials. A proposal to rezone the property from R-2 to C-3 is a separate
September 17, 2009
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8493-A
4
item on this agenda (Z-8493). A C.U.P. is requested to allow the proposed use
under the C-3 zoning.
The canopy structure will be enclosed with an ICF wall system with a textured
applied finish system (TAFS) exterior. A pair of garage doors will be located on
the north and south facades. An existing 6 foot tall chain link security fence will
be retained. A 6 foot tall wood fence is located along the southern perimeter of
the site from Woodson Road to the back edge of the parking lot. A 20 space,
paved parking lot is located south of the building. Additional parking and loading
area is located on the north side of the building. No changes to the drives or
parking are proposed. This low-volume operation will employ 2-3 persons. The
hours of operation are primarily day time business hours. Signage is proposed to
consist of a monument style ground sign and wall signs on the north, south and
east facades of the canopy. Staff will support a variance to allow the wall sign on
the north side of the façade without direct street frontage. Staff does not support
placing a sign on the south façade, facing the residential properties. No
additional site lighting is proposed. All existing lighting will be shielded downward
and into the site to prevent light trespass onto adjacent properties. All proposed
activities will occur within the enclosed buildings.
To staff’s knowledge, there are no outstanding issues. Staff is supportive of the
proposed C.U.P. The bill of assurance for Lot 1, Victory Addition states “The
site shall not be used for purposes other than the uses as prescribed in the
Little Rock Zoning and Subdivision Ordinances.”
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. The site must be rezoned to C-3 general commercial district.
2. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
3. Any dumpster to be placed on the site must be located north of the building
and screened to comply with the Code.
4. The 6-foot tall wood screen fence along the south perimeter is to be
maintained in good condition.
5. All site lighting is to be shielded downward and into the site.
September 17, 2009
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8493-A
5
6. All uses are to take place only within the enclosed building.
7. Signage is to be limited to a monument style ground mounted sign and wall
signage on the north and east facades of the canopy/building.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with 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.
September 17, 2009
ITEM NO.: 2 FILE NO.: Z-8494
Owner: CBS Interests, LLC
Applicant: Sam Light, Scott Equipment Company
Location: South side of Interstate 30, 400 feet east of the
southeast corner of I-30 and Sibley Hole Road
Area: Approximately 3 acres
Request: Rezone from R-2 to I-2
Purpose: Equipment display
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Mixed commercial and light industrial uses (across I-30);
zoned C -4 and PD-C
South – Church and undeveloped property (across Sibley Hole Road);
zoned R-2
East – Undeveloped floodway; zoned R-2
West – Industrial Uses; zoned I-2
A. PUBLIC WORKS COMMENTS:
1. Sibley Hole 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.
2. The City of Little Rock FIRM Panel 0501810092 F does not show the
floodway boundary to exist as shown on the survey. Provide proof of
the floodway boundary as shown on survey.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #17 (Mabelvale – Downtown
Route) and #17A (Mabelvale – UALR Route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Mavis Circle, Pinedale and
September 17, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8494
2
SWLR United for Progress Neighborhood Associations were notified of the
rezoning request.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Light Industrial and Park/Open Space for this
property. The applicant has applied for a rezoning from R-2 to I-2 Light
Industrial.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Sibley Hole Road is a Collector. The primary function of a Collector Street
is to provide a connection from Local Streets to Arterials.
Bicycle Plan:
There are no bike routes in this immediate vicinity.
Neighborhood Action Plan:
This area is covered by the Chicot West/I-30 South Neighborhood Action
Plan. The Economic Development Goal states: “Provide a mixed
commercial/residential environment that will promote the safety,
attractiveness, and value of the area while creating a competitive and
adaptable economic climate that encourages investment and diversity of
employment opportunities.”
E. STAFF ANALYSIS:
CBS Interest, LLC, owner of approximately three (3) acres of property
located along the south side of Interstate 30, approximately 400 feet east
of Sibley Hole Road, is requesting to rezone the property from “R-2”
Single Family District to “I-2” Light Industrial District. The rezoning is
requested in order to utilize the property for equipment display, an
expansion of Scott Equipment Company, which is located immediately to
the west at 10923 I-30.
The site is currently undeveloped and mostly grass covered. Some site
work has recently taken place in preparation of the property’s
development.
The general area contains a mixture of commercial and light industrial
uses located along I-30. Mixed commercial and light industrial uses are
September 17, 2009
ITEM NO: 2 (Cont.) FILE NO.: Z-8494
3
located across I-30 to the north. Light Industrial uses are also located to
the west. There is undeveloped floodway property immediately to the
east, with mixed commercial and light industrial uses further east. A
church development and undeveloped property is located across Sibley
Hole Road to the south.
The City’s Future Land Use Plan designates this property as Light
Industrial. The requested zoning to I-2 does not require an amendment to
the Land Use Plan.
Staff is supportive of the requested rezoning to I-2. Staff views the
request as reasonable. The property requested for rezoning is that portion
of the ownership, which is not located in the floodway. The property will
be utilized as an expansion of the Scott Equipment Company
development, which is located immediately to the west. The rezoning to
I-2 represents a continuation of the light industrial zoning along the south
side of I-30. The property to the west, as well as the property to the east
(east of the floodway) is currently zoned I-2. Staff believes the proposed
I-2 zoning will have no adverse impact on the adjacent properties or the
general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-2 rezoning.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 10 ayes, 0 nays and 1 absent. The application was
approved.
September 17, 2009
ITEM NO.: 3 FILE NO.: G-25-203
Name: Burnett Road Street Name Change to Sweetwater Cove
Location: Burnett Road off of Pinnacle Valley Road
Petitioner: Kenny and Marianne Bailey, Cindy and Curtis Hazzard
Request: To change the name of Burnett Road to Sweetwater Cove.
Abutting Uses and Ownership:
The applicant’s two single family homes are the only structures that abut this street. A 12±
acre, undeveloped tract abuts most of the north side of the street. The owner of that tract has
also signed the street name change petitions. The C.R.I. and P. Railroad right-of-way abuts
the south side of the street. The street dead-ends into the Little Maumelle River.
Neighborhood Effect:
The name change will affect only the addresses of the two applicants.
Neighborhood Position:
All abutting property owners and residents have signed the petition of street name change.
Notice was sent to the River Valley Neighborhood Association and the Coalition of West Little
Rock Neighborhoods.
Effect on Public Services:
No opposition has been voiced by any of the reviewing agencies including Public Works,
Utilities and Emergency Service providers. One street name sign will need to be changed.
Staff Analysis:
The property owners and residents abutting Burnett Road are requesting that the name of the
street be changed to Sweetwater Cove. This short street extends east from Pinnacle Valley
Road and dead-ends at the Little Maumelle River. Burnett Road is a narrow, chip-seal street
with no curb, gutter or sidewalk. The street is the former alignment of Pinnacle Valley Road
before the new bridge and street alignment were constructed several years ago. One
undeveloped acreage tract and two single family residential properties abut the street. The
owners of all of these properties have signed the petition requesting the street name change.
Staff is unaware of any outstanding issues and supports the proposed name change.
September 17, 2009
ITEM NO.: 3 (Cont.) FILE NO.: G-25-203
2
STAFF RECOMMENDATION:
Staff recommends approval of the request to rename Burnett Road to Sweetwater Cove.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The applicants were present. There were no objectors present. Staff presented the item
and a recommendation of approval. There was no further discussion.
The item was placed on the consent agenda and approved as recommended by staff.
The vote was 10 ayes, 0 noes and 1 absent.
September 17, 2009
ITEM NO.: 4 FILE NO.: LU09-18-01
Name: Land Use Plan Amendment – Ellis Mountain Planning District
Location: Northwest corner Kanis and Atkins Roads
Request: Residential Medium Density to Suburban Office
Source: Rick Threadgill
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Ellis Mountain Planning District from
Residential Medium Density to Suburban Office. Suburban Office provides for
low intensity development of office uses in close proximity to residential areas. A
Planned Zoning District is required to ensure compatibility.
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 and is about 3 acres ± in size. The site is
undeveloped and is wooded. An area east and adjacent to this application is
zoned O-1 Quiet Office and is vacant, cleared and undeveloped. To the west,
northeast and north of this site is all zoned R-2 Single Family and is partially
developed with single family residences. There is also a significant portion of this
area that is still wooded and undeveloped. Immediately west on the R-2 zoned
land is a VFW post at the corner of Gamble and Kanis Roads. To the south of
this amendment site is zoned O-1 and O-3, but it is all either single family
residences or vacant land. Southeast of this site is zoned C-3 Commercial and is
wooded and vacant.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The application area and the surrounding areas to the west are currently planned
for Residential Medium Density. Beyond the Residential Medium Density to the
north is Residential Low Density. To the east and south is planned for Suburban
Office. Neighborhood Commercial is shown to the southeast. These areas were
all amended in 1999 under Ordinance 17,951 in an effort to update the Kanis
Corridor. There have been no amendments in this area since that time.
MASTER STREET PLAN:
Kanis Road is shown as a Minor Arterial on the plan. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide
short distance travel within the urbanized area. Atkins Road is a Local Street.
The primary function of a Local Street is to provide access to adjacent properties.
September 17, 2009
ITEM NO.: 4 (Cont.) FILE NO.: LU09-18-01
2
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 in the immediate vicinity.
PARKS:
According to the Master Parks Plan, the application area is within eight blocks of
a park or open space. This park area is along Rock Creek, which runs between
the lanes of Chenal Parkway.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is covered under the Rock Creek Neighborhood
Action Plan. The Plan’s Office and Commercial goal states: “Adopt a policy of
adhering to the Land Use Plan. Amendments should be made very rarely, only
with neighborhood input, and only when it can be clearly demonstrated that the
amendment will enhance the quality of life in the Rock Creek Neighborhood.”
ANALYSIS:
The Land Use Plan along Kanis Road has been the subject of extensive study.
This area of Kanis is on the edge of development in the City of Little Rock. The
last major changes to take place along the Kanis corridor were the result of
Ordinance 17,951 in 1999. This Ordinance changed most of the corridor to the
categories that are now shown. It has taken time, but these land use categories
are beginning to be utilized with the development of small offices and new
residences. The Kanis area has emphasized that lower intensity uses are the
most desirable for the region. The Rock Creek Neighborhood Action Plan
specifically requested that the Future Land Use Plan be adhered to more closely
with very limited amendments.
This area has been growing almost continually over the past twenty years. The
changes made by Ordinance 17,951 have been in place for eight years. A
September 17, 2009
ITEM NO.: 4 (Cont.) FILE NO.: LU09-18-01
3
change in conditions should be identified for further modification of the plan. The
application area was changed under this ordinance from Transition and
Neighborhood Commercial to Residential Medium Density. Throughout this
period of time, the use has remained mostly single family with several Planned
Office Developments for this section of Kanis. A pattern of residential mixed with
office uses is developing along Kanis. These land use categories need to be
used as a guide for the future development of the Kanis corridor.
The development pattern to the north and west is predominately single family
detached houses. Most of the houses are of similar size and lot size, with a mix
of large lot single family and smaller lot subdivisions. To the east is planned for
Suburban Office. There are currently single family houses and single family
houses that have been converted to offices in this area. These buildings and any
future Suburban Office or Single Family buildings would all be on a similar scale.
There has not been much development along this stretch of Kanis Road. The
newest addition is the Crackerbox convenience store west of this amendment
site.
NEIGHBORHOOD COMMENTS:
Notices were sent to the Gibraltar Heights Pointe West Timber Ridge POA. Staff
has received one informational call from an area resident.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
The item was placed on consent agenda for approval. By a vote of 10 for and
0 against the consent agenda was approved.
September 17, 2009
ITEM NO.: 5:
Name: Central High Neighborhood Design Overlay District
Location: Roughly between Daisy Bates Drive, Dr. Martin Luther King Drive,
17th and Woodrow Streets
Request: Approve a Design Overlay District for the area
Source: Central High Neighborhood Inc, and Staff
On October 17, 1989, the Board of Directors passed an ordinance providing for
the creation of Design Overlay Districts (DOD). There are five purposes listed in
the ordinance. The ones that are appropriate to this application are the second
purpose listed: “to encourage the redevelopment of an area consistent with a
particular design theme” and the fifth “to give special attention to the existing
architectural style or to the style which is planned so as to create an easily
identified corridor in those districts identified as architecturally significant.” The
three other purposes deal with arterial roadways; significant natural features such
as hillsides or watercourses; and to landscaping, signage, lighting, etc. on scenic
parkway corridors and do not apply to this DOD.
The Central High Neighborhood Design Overlay District would be the third mostly
residential design overlay district in the city. The Central City Redevelopment
Corridor overlay was established in July 1999 and the Hillcrest DOD in July 2007.
This proposed DOD is similar to these two above.
The Central High Neighborhood Design Overlay District surrounds the Central
High School campus. Central High is a National Historic Landmark, one of five in
the city. The area of the overlay is part of the Central High Neighborhood
National Historic District, a collection of roughly 800 structures built between
1900 and 1930 reflecting various period architectural styles. These facts are the
basis for the “redevelopment of an area consistent with a particular design
theme” and “those districts identified as architecturally significant.” This area has
a great number of vacant lots and houses that are either vacant or in need of
rehabilitation. This DOD attempts to have those renovations and infill houses
made compatible with the existing historic architecture and development patterns
of the original neighborhood.
The Central High Neighborhood, Inc. (CHNI) has been a partner for many years
in the preservation of the neighborhood and planning for its future. In its strategic
plan, one of the goals was a design overlay for the area. CHNI approached the
City of Little Rock to facilitate the writing and advancement of this DOD with the
September 17, 2009
ITEM NO.: 5: (Cont.)
2
neighborhood groups and plans committee. This proposed DOD is part of the
implementation of their plan.
Two mailings were sent to property owners concerning this DOD. In December
2008, 383 letters were mailed to property owners to obtain input on a draft of the
ordinance. A copy of the draft was included in the letter. On the first mailing,
Staff had contact with 18-24 people with phone calls of general nature questions,
not understanding what this entailed, etc. Most people, when informed that this
DOD applied only when renovations exceeded 50% of the value of the structure
or additions to the structure, thought that this DOD would not concern them.
The Little Rock School Board was included in the discussions from the beginning
of this DOD discussion. The School Board has requested that the current
property owned by the district be omitted from the DOD. This is the superblock
bounded by Daisy Bates, Park, 16th and Jones as well as the parking area north
of Daisy Bates Drive and is shown in the graphics as the hole in the center of the
DOD.
This is the only school in the city that is located in a National Historic Site.
Central High School is a National Historic Landmark structure, the highest
designation for historic structures in the country, which sets this school and
campus apart from other schools in the city. The superblock of the campus is in
the National Historic Site, but the parking north of Daisy Bates Drive is not.
This exemption for the Central’s property is only for current property, not for
future property that may be acquired for the school’s use.
In addition, Central High School, is required to have a Conditional Use Permit
(CUP) for any expansion of the school property or new buildings under the
current zoning ordinance. Schools are a conditional use in R-4 Zoning. This
CUP review could be a similar review to that prescribed by the DOD. In actuality,
other properties that fulfill the requirements of the DOD (when zoned properly for
the intended use) will only have a Staff review before obtaining a building permit.
Whereas, Central High School has always been required to have a public
hearing at the Planning Commission for a CUP with legal notification of
surrounding property owners. As part of the CUP, Staff review comments on the
DOD requirements would be included, since the DOD surrounds the school site.
The Plans committee met from January 2009 through July 2009 to review the
draft DOD. The entirety of the draft was discussed and edited with comments
from property owners being considered. Neighborhood representatives,
Planning Commissioners, Staff and citizens attended.
September 17, 2009
ITEM NO.: 5: (Cont.)
3
The second mailing to the property owners was mailed on August 19, 2009. A
copy of the proposed ordinance was placed on the web. Copies were made
available to individuals as requested. As of this printing, Staff has received
thirteen comments from property owners. One was in opposition to the proposed
ordinance and there were twelve callers with questions of a neutral nature.
The boundaries of the district are bounded by the following streets: W 12th
Street, South Schiller Street, W Daisy L Gatson Bates Drive, Dr. Martin Luther
King Jr. Drive, W 17th Street, and South Woodrow Street. The campus of
Central High School and its parking lot north of Daisy Bates is not included in the
DOD. The regulations apply to new development; expansion of existing
development; tree protection and planting; and redevelopment exceeding 50
percent of the structures assessed values according to the county tax assessor
minus land value. All existing structures on the effective date of this ordinance
will be “grandfathered”. Routine maintenance will not be subject to the
requirements of this ordinance. A definition of routine maintenance is provided in
the ordinance.
The DOD’s main goal is to have new development and redevelopment of existing
structures to blend in with the existing fabric of the neighborhood, addressing
materials used on structures; siting and orientation of the primary, secondary and
parking structures; mechanical service equipment concerns and parking. This
DOD does not dictate an architectural style of individual structures. This is not a
Local Ordinance Historic District. It does not state that new structures must be
one architectural style or another. A DOD does not regulate (prevent) the
removal of structures.
The DOD breaks down into two major parts: Single Family or Two Family zoned
land (R-2, R-3 and R-4) and Multifamily and Non-residentially zoned land (all
other properties). Provisions in the ordinance also cover sidewalks; utilities and
services; and landscaping.
The Single Family or Two Family zoned land section has ten subsections. The
subsections are summarized below:
• New roofs shall be a minimum of 8/12 pitch to blend with the historic roofs
of the area. This would cover additions and new construction.
• The exterior of the buildings will be wood, brick, other masonry, or a
material that resembles wood (i.e. vinyl siding.)
• The building shall be facing the same way as others on the developed
block face.
• The primary entrances shall be consistent with others on the block face.
September 17, 2009
ITEM NO.: 5: (Cont.)
4
• The front setback of the structures shall be reduced from 25’ to 15’ that is
more consistent with the existing pattern of houses in the area.
• Parking pads cannot be located between the front of the house and the
street. Surface parking is to be beside or behind the house utilizing a
driveway or parking pads. Parking pads have been defined as hard
surface areas, not informal areas on the grass.
• Locations of detached garages and carport shall be in the rear of the
house. Doors on attached garages must face interior lot lines, alleys, or
side streets.
• Accessory buildings may cover 40% of the rear yard setback, an
additional 10% over the base zoning.
• New construction must have a front porch and renovations to the front
facades of existing construction must include a front porch.
• The placement of mechanical service equipment shall be in the rear yard
or on a rear-facing roof.
This section covers about 95 acres or 66.6% of the land area in the proposed
DOD. R3 and R-4 zoned land comprises 91.44 acres with the remainder in
CUP’s.
The Multifamily and Non-residentially zoned land section has nine subsections
addressing: orientation of structures; ground level facades; setbacks; drive
through facilities; roofs; materials; parking requirements; and parking minimums,
maximums and locations.
• The building shall face the principal street as defined by the Master Street
Plan. This will mimic the original orientation of the commercial buildings.
New construction shall have sixty percent of glass windows or display
space to mimic historic building patterns.
• The front setback of the structures shall be at 10’ to mimic historic building
patterns.
• No drive through will be permitted on the front facades of buildings; they
shall be in the rear or side facades.
• Both flat and pitched roofs are permitted. They shall match the adjacent
buildings.
• The exterior of the buildings will be wood, brick, stone, other masonry, or a
material that resembles wood (i.e. vinyl siding.)
• Parking requirements have been reduced in the DOD. The minimum
amount shall be one-half of the minimum stated in the base zoning and
September 17, 2009
ITEM NO.: 5: (Cont.)
5
the maximum parking allowed will be the amount stated as the minimum in
the base zoning.
• No parking shall be permitted in the front yard setbacks. If a parking deck
is built, it will have ground level uses that are not vehicular, i.e. shops,
offices, etc.
Other minor sections include the mandating of sidewalks of different widths for
residentially and non-residentially zoned property. The Utilities and Services
section addresses burying utilities from the pole to the structure, dumpsters being
placed in alleys or in common service areas and screening of service and waste
removal areas. The landscaping section reinforces the buffering and landscaping
requirements stated in other chapters of the code. Trees greater than 14 inches
in diameter will be protected from damages of future development. The draft
continues to dictate size of trees to be planted in different locations, both size at
planting and maturity.
This section covers almost 48 acres or 33.3% of the land area in the proposed
DOD. There is 2.45 acres of R-5 zoned land, 10.48 acres of office, 6.71 acres of
commercial, and 25.20 acres of industrial. The I-2 and I-3 zoned land is along
the railroad tracks to the west of the area. The remainder of 2.92 acres is zoned
PR for Centennial Park located at 16th and Battery.
Following is the current draft of the ordinance.
DIVISION 13. SEC. 36-AAA. DESIGN OVERLAY DISTRICT—
CENTRAL HIGH NEIGHBORHOOD DESIGN OVERLAY DISTRICT
(a) Purpose and intent: The purpose of the Central High
Neighborhood Design Overlay District (district) is to create a quality
vital atmosphere for businesses (commercial or office) and residents
through protecting the historical architectural integrity and sense of
place of the District, by encouraging historic rehabilitation of existing
structures, and in-fill development which is fully compatible with
existing, historic building stock. Buildings, parking area, signage,
landscaping, and street furnishings should all be designed to
complement and encourage pedestrian use both day and evening.
Proper planning is necessary to ensure visual clutter is avoided.
Guidelines and strategies must be in place to protect the district from
the negative impact of poorly planned or incompatible projects.
Incompatible development has the potential to destroy the attributes
that will attract people to the district.
September 17, 2009
ITEM NO.: 5: (Cont.)
6
(b) District boundaries. The district shall include all parcels within the
area as described: Starting at the intersection of W 12th Street and
South Woodrow Street, east along the centerline of W 12th Street to
the intersection of South Schiller Street, thence south along the
centerline of South Schiller Street to the intersection of W Daisy L
Gatson Bates Drive, thence east along the centerline of W Daisy L
Gatson Bates Drive to the intersection of Dr. Martin Luther King Jr.
Drive, thence south along the centerline of Dr. Martin Luther King Jr.
Drive, to the intersection of W 17th Street, thence west along the
centerline of W 17th Street to the center line of South Woodrow
Street, thence north along the centerline of South Woodrow Street to
the point of beginning,
Less and except:
All properties bounded by W Daisy L Gatson Bates Drive on the
north, Park Street on the east, West 16th Street on the south and
Jones Street on the west; and Park Addition Block 7 Lots 1, 2 and 12;
and Park Addition Block 6 Lots 4-9; and that part of Dennison Street
located between 13th Street and W Daisy L Gatson Bates Drive.
Sec. 36-BBB. Definitions.
Block face: The total of all lots within a city block facing a single given
city street.
Developed block face: A block face containing developed lots which
comprise fifty (50) percent or more of the block face.
Driveway: A designated gravel or paved vehicular path that leads
from the public or private street to a permanent parking location, i.e.
a parking pad, carport, garage, etc. on private property.
New construction: Construction that is characterized by the
introduction of new buildings or structures.
Undeveloped block face: A block face containing developed lots
which comprise less than fifty (50) percent of the block face.
Sec. 36-CCC. Application of design regulations.
(a) The regulations in this ordinance shall be in addition to and shall
overlay all other zoning districts and other ordinances
requirements regulating the development of land so that any
parcel of land lying in the overlay district shall also lie within one
September 17, 2009
ITEM NO.: 5: (Cont.)
7
(1) or more of the other underlying zoning districts. Therefore,
all property within this overlay district will have requirements of
both the underlying and overlay-zoning district in addition to
other ordinance requirements regulating the development of
land. In case of conflicting standards between this ordinance
and other City of Little Rock ordinances, the overlay
requirements shall control.
(b) These regulations shall apply to new development, expansion of
existing development, tree protection and planting, and
redevelopment exceeding fifty (50) percent of the structure's
assessed value according to the county tax assessor minus
land value. In order to be compatible with the established
neighborhood, new construction and landscaping shall comply
with the following criteria. In the case of an undeveloped block
face, the requirements shall relate to the adjacent block faces.
(c) Applicants for building permits to redevelop existing structures
in the District shall state on their application the expected value
of interior and of exterior improvements to the structure. Before
a building permit is issued for more than $1,000 in exterior
improvements to a structure, the permit shall be reviewed
pursuant to Sec. 36 DDD by the Department of Planning and
Development to determine whether the total of proposed
improvements are likely to exceed 50% of the value of the
structure, and thus trigger application of the design guidelines in
this regulation.
(d) Uses, structures or lots which existed on the effective date of
this ordinance which do not conform to the standards and
guidelines established in this ordinance, shall be treated as
nonconforming according to the provisions of article III of this
chapter. Nonconforming status shall not apply to construction of
improvements in the public right-of-way required by the city,
redevelopment, or expansion of existing development.
(e) Routine repairs, maintenance and interior alterations shall not
be subject to these regulations. Regular maintenance shall be
defined as maintenance or repair of any exterior architectural
feature which does not change but simply upgrades a structure,
including but not limited to: repainting, replacing deteriorated
porch flooring, stairs, siding or trim in the same material and
texture, or replacing screens, gutters or downspouts. Regular
maintenance does not involve a change in design, material, or
September 17, 2009
ITEM NO.: 5: (Cont.)
8
outer appearance of any architectural feature. In the event of a
dispute, to determine routine maintenance that does not require
compliance with this section, the Department of Planning and
Development shall follow guidelines established by the Little
Rock Historic District Commission for routine maintenance that
does not require HDC review.
(f) To encourage owners of properties in the District to return them
as much as possible to their original, historic appearance when
built, the Director of the Department of Planning and
Development shall promptly approve building permit requests
within the boundaries of the district to return properties as near
as possible to their appearance when built. To determine this,
the director shall rely upon advice from the Department of
Arkansas Heritage or Staff of the Little Rock Historic District
Commission.
(g) Demolitions shall not be subject to these regulations
(h) Properties with Conditional Use Permits on non-residentially
zoned land, churches, and schools, regardless of underlying
zoning, shall conform to Sec. 36-FFF New Construction and
Additions or Modifications to existing structures on Multi Family
or Non-residentially zoned land. All other properties with
Conditional Use Permits and Special Use Permits on
residentially zoned land shall conform to Sec. 36-EEE. New
Construction and Additions or Modifications to existing
structures on Single Family or Two Family Zoned Land section.
Sec. 36-DDD. Review section.
The director of the department of planning and development shall
determine compliance of all building permit requests within the
boundaries of the district.
Sec. 36-EEE. New Construction and Additions or Modifications
to existing structures on Single Family or Two Family Zoned
Land.
In order to be compatible with the historic nature of the
neighborhood, new construction and additions to existing structures
shall comply with the following criteria. Plans for new construction,
additions and modifications which are subject to this ordinance shall
be submitted to the Department of Planning and Development. The
Department will review plans for consistency with the detailed
requirements of this ordinance and consistency with the historic
September 17, 2009
ITEM NO.: 5: (Cont.)
9
nature of the District. In the case of an undeveloped block face, the
requirements shall relate to the adjacent block faces.
(a) Roofs. A roof pitch of less than 8:12 shall be prohibited.
Decorative roof features such as metal cresting, tile ridge caps,
or other ornamentation shall be reinstalled when roofing or
doing roof repairs. Tile roofs shall be preserved.
(b) Materials. The materials of the exterior shell shall be wood,
brick, other masonry, or a material that resembles wood (i.e.,
vinyl siding, etc.)
(c) Orientation. The orientation shall be consistent with that of
other structures on the developed block face.
(d) Entrances. The primary entrance shall be consistent with that of
other structures on the developed block face.
(e) Setback. The front yard setback for all R-2 and R-3 Single
Family and R-4 Two Family district shall be 15 feet. All other
setbacks shall be as prescribed by the property’s zoning district.
(f) Parking in Residentially zoned districts: No off-street parking
pads are allowed between the front of the principal structure and
a public street. Surface parking is to be located behind or
adjacent to a structure. Driveways are permitted to be installed
in the front yard setback, but not between the principal structure
and a public street. Parking pads, as used in this section, are to
be defined as permanent surfaces of concrete, asphalt, modular
pavers, masonry, gravel or other permanent surfaces to be used
for the purpose of parking or storage of vehicles.
(g) Detached Garage and carport locations shall be located to the
rear or the principal structure and shall not be located in the
front setback. Attached garages must have garage door
openings that face side streets, interior lot lines, or alleys.
(h) Accessory Buildings: Accessory building coverage within the
25-foot setback from the rear property line shall be no more
than 40% of the area in that section. Accessory building
setbacks shall be as per Chapter 36-254 and 36-256.
(i) Porches: Residential structures must have a front porch
that is a passageway from the street to the front door of the
September 17, 2009
ITEM NO.: 5: (Cont.)
10
unit(s) on new residential construction and additions /
modifications to the front façade of existing residential
structures.
(j) Mechanical service equipment (including but not limited to air
conditioner condensing units, transformers, solar collectors,
satellite dishes, etc.) shall be located in the rear yards or on a
rear-facing roof.
Sec. 36-FFF. New Construction and Additions or Modifications
to existing structures on Multi Family or Non-residentially zoned
land.
In order to be compatible with the historic nature of the
neighborhood, new construction and additions to existing structures
shall comply with the following criteria. Plans for new construction,
additions, and modifications, which are subject to this ordinance,
shall be submitted to the Department of Planning and Development.
The Department will review plans for consistency with the detailed
requirements of this ordinance and consistency with the historic
nature of the District. In the case of an undeveloped block face, the
requirements shall relate to the adjacent block faces.
(a) Orientation: The primary facade of a non-residential building
shall face the principal street. The principal streets, as referred
to in this section, shall refer to the street having the highest
classification according to the City Master Street Plan.
Buildings located on corner lots shall have the same orientation
as adjacent non-residential structures.
(b) Ground-level facade. For new construction, at least sixty (60)
percent of the ground-floor level facing pedestrian public
circulation areas shall be glass-windows and/or displays.
(c) Nonresidential Building setback: All commercially and office
zoned properties within the boundaries of this districts shall
have a ten foot (10’) front set back with building sited at the front
setback property line. Properties on street corners shall be
sited on the property lines ten feet off the property lines abutting
the street corner. There shall be a five feet side yard set back
from residentially zoned properties, zero feet side yard set back
from non-residentially zoned property and rear yard setback of
25 feet.
September 17, 2009
ITEM NO.: 5: (Cont.)
11
(d) Drive through facilities: No drive through facilities shall be
permitted on front facades of buildings. Buildings, which are on
a corner, shall be considered to have two front facades. Drive-
through facilities are permissible on side or rear facades.
(e) Roofs. Flat roofs and pitched roofs are permitted. Rooflines
should follow predominant style of the adjacent buildings.
(f) Materials: The materials of the exterior shell shall be brick, other
masonry, wood, or a material that resembles wood (i.e., vinyl
siding, etc.)
(g) Standard parking requirements. Parking requirements within
the district shall be fifty (50) percent of that required by article
VIII of chapter 36.
(h) Maximum parking: The maximum parking allowed shall be
the minimum standard established in article VIII of chapter 36.
(i) Parking facilities. Surface parking shall be limited to the side
and rear of structures. No parking shall be allowed in the "front-
yard setback.” Parking structures shall have ground-level uses
devoted to non-vehicular activities. Development of ground-
level retail or office uses is encouraged.
Sec. 36-GGG. Sidewalks.
All public streets and drives shall have five-foot sidewalks on both
sides of the vehicular area for non-residentially zoned property. All
residentially zoned property shall have four-foot sidewalks on both
sides of the vehicular area.
Sec. 36-HHH. Utilities and services.
(a) All new utilities for developments within the district shall be
buried. All new developments are required to place utilities and
cabled services in subterranean locations from the pole to the
structure.
(b) Dumpster delivery and waste removal areas shall be located in
alleys where available or in common service areas for multiple
developments.
September 17, 2009
ITEM NO.: 5: (Cont.)
12
(c) In all areas, service and waste removal areas shall be screened
and located away from public outdoor spaces and pedestrian
areas. Dumpster screening as per [section] 36-253.
Sec. 36-III. Landscaping.
The regulations in this subsection shall apply to all development and
redevelopment in the District.
a) Land use buffers shall be as provided in subsection 36-522(b)(1). In
areas where terrain variation is great or other features result in the
loss of privacy, alternative designs and massing shall be considered.
b) Parking lots shall meet all current landscape requirements (Chapter
15, Article IV) when development or redevelopment occurs as stated
above. Variances from this provision will be heard by the City
Beautiful Commission.
c) Trees greater than fourteen (14) inches in diameter, measured at four
and one-half (four 1/2) feet above the ground, shall be protected from
removal and damages in future development of the district. Any
development within fifty (50) feet of any such tree shall be reviewed
prior to development to assure protective measures are included and
in place. Tree removal can only be done if approved by the City’s
Urban Forester. Penalties for violations shall be a listed in Chapter
1-9. For trees in the Public Right-of-way, see Sec 15-51.
d) Planting of trees in areas void of shade and canopy will be conducted
as follows. Tree species will be selected based on its mature size,
growth, habit, and optimal site requirements. In any development
that requires compliance with the provisions of this district, at least
two (2) trees shall be planted in the front yard setback. Trees shall
be selected from the list of appropriate trees listed in Chapter 15.
e) Ensure that tree plantings do not interfere with above or below
ground utilities, obstruct views at intersections, or cause other public
safety concerns.
f) Trees planted on public lands shall be at least two inches in caliper
and ten feet in height.
g) The City's Urban Forester shall advise about tree selection, planting
guidelines, and tree placement.
h) Trees planted in tree grates or in cutouts within sidewalks shall have
a minimum of thirty-six square feet area. Tree pits shall be
excavated to a depth of a minimum of eighteen inches and backfilled
with topsoil.
September 17, 2009
ITEM NO.: 5: (Cont.)
13
Sec. 36-JJJ. Exceptions.
Property, if for any reason, that cannot be developed without violating the
standards of this article shall be reviewed through the planned zoning
district (PZD) section of the zoning ordinance, with the intent to devise a
workable development plan which is consistent with the purpose and intent
of the overlay standards.
RECOMMENDATION:
Staff recommends approval.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009)
Brian Minyard, Planning Staff, made a brief presentation of the item and
summarized the ordinance for the Commission and citizens present. He stated
that there was a change that needed to be made to the proposed ordinance. On
page 7 of the draft under Sec 36-CCC. Application of Design regulations, (b), the
first sentence should read as follows: These regulations shall apply to new
development and also to expansion or redevelopment if the expansion or
redevelopment exceeds fifty (50) percent of the structure's assessed value
according to the county tax assessor but not including land value.
Commissioner Troy Laha had a question on the sidewalk widths. Mr. Minyard
stated that he believed it was four feet wide if placed on the property line with a
grass strip between the walk and the curb of the road or five feet if placed on the
back of the curb. The intention was to match the sidewalks that were present in
the neighborhood. Vince Floriani, Public Works, stated that it was four feet wide
with a passing zone every 200’. The ADA requirements provides for three feet
wide walks.
Ethel Ambrose, CHNI president, spoke in favor of the DOD. She stated that the
largest tourist draw in the city is Central High School and referenced the Cultural
Landscape Report. This area needs economic development while maintaining
the historic aspect of the neighborhood.
Vanessa Norton, area resident, spoke in favor of the DOD. She supports
compatible development.
Ruth Bell, League of Women Voters, stated that the League was very supportive
of the DOD. She stated that they were concerned with the “hole in the middle” of
the DOD. She would encourage missionary work to be done to impress upon
September 17, 2009
ITEM NO.: 5: (Cont.)
14
Little Rock School District of the importance to understand and cooperate with
the DOD when changes are made to the campus.
Muskie Harris, area resident, spoke of concerns on the commercial area being
devastated. He asked what the plan did for commercial development. Mr.
Minyard stated that the plan decreased the setbacks and the parking
requirements which allows for larger store with smaller parking which could be a
benefit to the store owners.
Commissioner Yates began a discussion on the parking requirements in the
proposed ordinance.
Mr. Harris asked about a proposal to add mini-storage units to the area just west
of the railroad tracks. Mr. Tony Bozynski, Director of Planning, stated that this
DOD did not cover use but the development could be made to comply with the
proposed ordinance. Mr. Harris stated that he supports the DOD but thinks that
there will be confusion for the developers.
Mrs. Ambrose added that the DOD is one piece of a long-range neighborhood
plan, with a primary emphasis on economic development.
Commissioner Nunnley commented on the hole in the center of the DOD and
expressed the wish that Central High School would participate in the DOD but he
thinks that the National Parks Service will keep the school in check.
Commissioner Laha asked if any of this property was in the 100-year floodway.
Staff responded no. He stated that he would go along with the neighborhood on
the DOD so that they can determine their own destiny.
Commissioner Yates made a motion to approve the DOD as amended by Staff
with Commissioner Bill Rector seconding. The motion was approved with
10 ayes and 1 absent.