pc_01 17 2008
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JANUARY 17, 2008
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Pam Adcock
Troy Laha
Jerry Meyer
Lucas Hargraves
Jeff Yates
Chauncey Taylor
Darrin Williams
J. T. Ferstl
Obray Nunnley, Jr.
Bill Rector
Members Absent: Valerie Pruitt
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 6, 2007 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JANUARY 17, 2008
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. LU07-16-02 Land Use Plan Amendment in the Otter Creek Planning
District on east side of Vimy Ridge Road north of
County Line Road from Single Family to Neighborhood
Commercial.
A.1 Z-8286 Rezoning from R-2 to C-1
East side of Vimy Ridge Road, approximately 250 feet
north of County Line Road
B. LA-0019 Appeal of the Land Alteration Ordinance
12 Pinto Point
C. LA-0020 Rees Land Alteration Variance
1815 Rahling Road
D. MSP07-04 Alternate Design Standard for University Avenue from
Markham north to Cantrell Road
E. A-310 Shoemaker Annexation, 218± Acres South of Lawson
Road between Crystal Valley Road and Duvall in
Sections 20, 29, 30, T-1-N, R-13-W.
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. G-23-395 Little Rock National Airport – Right-of-Way
Abandonments (East)
Portion of Crosby, Ventura, Bedford and East 10th
Streets and alleys
2. G-23-396 Little Rock National Airport – Right-of-Way
Abandonments (West)
Portions of Corning, Selma and East 10th Streets and
alleys
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
3. Z-8157-B Little Rock National Airport – Rezoning (East)
Blocks 36 and 43, Industrial Park Addition
4. Z-8157-C Little Rock National Airport – Rezoning (West)
Blocks 6 and 15, Industrial Park Addition
5. Z-4159-A Rezoning from C-4 to C-3
North side of I-30, 1,000 feet west of Chicot Road
6. Z-5097-K Rezoning from R-2 and MF-12 to MF-12, O-3 and OS
West side of Chenonceau Blvd., 1,000 feet south of
Highway 10
7. LU08-11-01 A Land Use Plan Amendment in the I-430 Planning
District from Suburban Office to Office located in the
1600 block of Aldersgate Road.
7.1 Z-8300 Rezoning from R-2 and O-2 to O-3
1615-1623 Aldersgate Road
8. LU08-20-01 A Land Use Plan Amendment in the Pinnacle Planning
District from Single Family to Office located at the
present terminus of Valley Ranch Drive.
8.1 Z-8301 Rezoning from R-2 to O-3
7101 Ranch Valley Drive
9. Z-8304 Rezoning from R-2 to AF
Adjacent to 14824 Crystal Valley Road
9.1 Z-8304-A Pomtree Commercial Stable – Conditional Use Permit
Adjacent to 14824 Crystal Valley Road
10. Z-6957-H 5100 Talley Road office, showroom/warehouse –
Conditional Use Permit
5100 Talley Road
11. Z-6957-I 5200 Talley Road office, showroom/warehouse –
Conditional Use Permit
5200 Talley Road
Agenda, Page Three
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
12. Z-8298 Team Clean Car Wash – Conditional Use Permit
4220 S. University Avenue
13. Z-8299 Taylor Accessory Dwelling – Conditional Use Permit
15706 Taylor Loop Road
14. Z-8302 Unity Missionary Baptist Church – Conditional
Use Permit
2720 Marshall Street/1619 West 28th Street
15. Z-8303 Kingdom Hall of Jehovah’s Witnesses – Conditional
Use Permit
9812 Colonel Glenn Road
16. G-25-198 Champlin Drive Name Change to Kirk Road
Champlin Drive, south of Rahling Road
January 17, 2008
ITEM NO.: A FILE NO.: LU07-16-02
Name: Land Use Plan Amendment - Otter Creek Planning District
Location: North of County Line Road on the east side of Vimy Ridge Road
Request: Single Family to Neighborhood Commercial
Source: Robert A. Roberts, Kittler-Roberts Group
PROPOSAL / REQUEST:
Land Use Plan amendment in the Otter Creek Planning District from Single
Family to Neighborhood Commercial. Neighborhood Commercial represents
services in close proximity to a neighborhood, providing goods and services to
that neighborhood market area. The applicant is proposing a zoning change to
C-1 Neighborhood Commercial.
EXISTING LAND USE AND ZONING:
The property is zoned R-2 Single Family and is currently vacant. The property is
surrounded to the north, west and east by R-2 Single Family zoning. Most of this
R-2 land is developed with single family residences, but some of the R-2 zoned
land remains undeveloped. To the southwest at the corner of Vimy Ridge Road
and County Line Road is zoned C-1 Neighborhood Commercial for a Dollar
General store. Immediately south and adjacent to the amendment area is zoned
C-3 for a gas station with convenience store. Southeast of this site on County
Line Road is zoned MF-6 Multifamily District and is vacant and undeveloped.
South of County Line Road is Saline County, which the City does not zone. This
area is within Shannon Hills and is largely rural in nature with single family
residences and an elementary school on County Line Road.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
Ordinance 18865 amended the property immediately west of this application from
Low Density Residential to Neighborhood Commercial in 2002.
The amendment site is currently shown as Single Family on the Future Land Use
Plan. Single Family extends to the north and east of this site. West of this site is
shown as Neighborhood Commercial. Northwest is shown as Suburban Office
and south is shown as Commercial.
MASTER STREET PLAN:
Vimy Ridge Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide
January 17, 2008
ITEM NO.: A (Cont.) FILE NO.: LU07-16-02
2
short distance travel within the urbanized area. Entrances and exits should be
limited to minimize negative effects of traffic and pedestrians on Vimy Ridge
since it is a Minor Arterial. This street may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
There are no bike routes in the immediate vicinity.
PARKS:
According to the Master Parks Plan, this area is located within eight blocks of a
park or open space. Northeast of this amendment site is Alexander Road park.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by 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.” It also states: “Expand
Neighborhood Commercial uses at the intersections of Arterials.”
ANALYSIS:
The application property is currently vacant. The proposed amendment would
change approximately 1.5 acres on the eastern side of Vimy Ridge Road from
Single Family to Neighborhood Commercial. This amendment would make the
land use plan symmetrical at this intersection with a buffer of Neighborhood
Commercial surrounding the Commercial shown at the intersection of Vimy
Ridge Road and County Line Road.
The site is located at the intersection of Vimy Ridge Road and County Line Road.
These are both classified as Minor Arterials on the Master Street Plan, and this is
a highly used intersection. While this part of the city is fairly rural in nature, the
high number of single family residences from Saline County travel north along
Vimy Ridge Road to access Interstate 30 creates quite a bit of traffic. A
convenience store and gas station is currently located at the northeast corner of
this intersection. That corner is already zoned C-3 to permit this usage. On the
northwest corner is a Dollar General store, which is zoned C-1 Neighborhood
January 17, 2008
ITEM NO.: A (Cont.) FILE NO.: LU07-16-02
3
Commercial. Approximately a mile north of this site is the Vimy Ridge Road and
Alexander Road intersection. That intersection was changed to Commercial on
the Land Use Plan on the northwest and southeast corners. If the proposed site
is approved for Neighborhood Commercial, the neighborhood might be able to
acquire new or different types of businesses to the area. The area has a real
need for more commercial sites. Residents have to drive either to Otter Creek,
Baseline, or Saline County for most of their local commercial needs.
This area has been mostly dormant for the past twenty years, but new residential
developments are currently moving to this area. One large subdivision north of
this site on the west side of Vimy Ridge Road is in the final plat stage. In the
past five years, many new houses have developed south of County Line Road in
the Shannon Hills area. While there are some commercial opportunities in Saline
County, new residents in this area will increase the community’s need for more
commercial development both in Saline and Pulaski County. There appears to
be an increased interest in single family residences at a more suburban/urban
density rather than the more traditional rural density. There are several new
subdivisions being built along County Line Road and another is in progress along
Alexander Road, which is north of this amendment site. These new subdivisions
could mean a need for more local retail and employment sites. The only other
area for commercial development is north of this site at the intersection of Vimy
Ridge Road and Alexander Road. Most of the other existing areas shown as
non-residential on the Future Land Use Plan are occupies, so there are no longer
options besides expanding the existing non-residential areas to meet the growing
need.
The Chicot West I-30 Neighborhood Action Plan addresses many issues
concerning Vimy Ridge Road. The Plan is in favor of Neighborhood Commercial
development at the intersection of arterials and also states the need for more
restaurants in the area. 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.”
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Quail Run,
Alexander Road and Southwest Little Rock United for Progress. Staff has
received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
January 17, 2008
ITEM NO.: A (Cont.) FILE NO.: LU07-16-02
4
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The item was placed on consent agenda for approval. By a vote of 10 for,
0 against the consent agenda was approved.
January 17, 2008
ITEM NO.: A.1 FILE NO.: Z-8286
Owner: Richard A. Williams
Applicant: Bob Roberts
Location: East side of Vimy Ridge Road, approximately
250 feet north of County Line Road
Area: 2.519 Acres
Request: Rezone from R-2 to C-1
Purpose: Future neighborhood commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residence and undeveloped property;
zoned R-2
South – Convenience store; zoned C-3
East – Single family residences; zoned R-2
West – Undeveloped property (across Vimy Ridge Road); zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Vimy Ridge Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
2. With site development and issuance of the building permit, provide
design of street conforming to the Master Street Plan. Construct one-
half street improvement to Vimy Ridge including 5-foot sidewalks with
planned development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus 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 Alexander Road, Quail
January 17, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8286
2
Run and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Otter Creek Planning District. The Land Use
Plan shows Single Family. The applicant has applied for a rezoning from
R-2 Single Family to C-1 Neighborhood Commercial District.
A Land Use Plan amendment from Single Family to Neighborhood
Commercial is a separate item on this agenda.
Master Street Plan:
Vimy Ridge Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Vimy Ridge since it is a Minor Arterial. This street may require dedication of
right-of-way and may require street improvements for entrances and exits to
the site.
Bicycle Plan:
There are no bike routes in the immediate vicinity.
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:
Richard A. Williams, owner of the 2.519 acre tract located along the east
side of Vimy Ridge Road, approximately 250 feet north of County Line
Road, is requesting to rezone the property from “R-2” Single Family
District to “C-1” Neighborhood Commercial District. The rezoning is
proposed for future neighborhood commercial development of the
property.
January 17, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8286
3
The property is undeveloped pasture-type land. There is a single family
residence on a large tract located immediately north of the property, with
undeveloped R-2 zoned property further north. There is also undeveloped
R-2 zoned property across Vimy Ridge Road to the west, with a Dollar
General Store to the southwest. A convenience store is located
immediately to the south at the northeast corner of Vimy Ridge Road and
County Line Road. A single family subdivision is located to the east, with
undeveloped MF-6 zoned property to the southeast.
The City’s Future Land Use Plan designates this property as Single
Family. A Land Use Plan Amendment from Single Family to
Neighborhood Commercial is a separate application (Item 5.) on this
agenda.
Staff is supportive of the requested rezoning to C-1 and the Land Use
Plan Amendment to Neighborhood Commercial. Staff views the C-1
zoning request as reasonable, given the fact that the property immediately
west across Vimy Ridge Road is designated as Neighborhood
Commercial on the Future Land Use Plan, wrapping around the
commercial designation at the northwest corner of Vimy Ridge Road and
County Line Road. Staff feels that with more single family subdivisions
being developed in this general area, including into Saline County,
additional C-1 Neighborhood Commercial zoning in this area is
appropriate. Staff believes the proposed rezoning to C-1 will have no
adverse impact on the adjacent properties or the neighborhood.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-1 rezoning.
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
Staff informed the Commission that the applicant submitted a letter to staff on
November 27, 2007 requesting the application be deferred to the January 17,
2008 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the January 17, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
January 17, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8286
4
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: B FILE NO.: LA-0019
NAME: 12 Pinto Point, Appeal of Issuance of Notice of Violation
LOCATION: 12 Pinto Point
APPLICANT: Luke Ortiz
ENGINEER: None
AREA: Approx. one-quarter acre
CURRENT ZONING: R3
VARIANCES/WAIVERS REQUESTED: An appeal of the issuance of Notice of
Violation #203 for obstructing a public drainage easement and causing damage
to off-site property.
A. PROPOSAL/REQUEST:
The applicant is appealing Notice of Violation #203 issued on October 5,
2007 by Public Works staff to Mr. Luke Ortiz, the property owner of
12 Pinto Point, for placing a pipe in a drainage ditch located in a public
drainage easement along the north side of his property causing flooding
damage to off-site properties. The complaint was received from an
adjacent property owner.
The applicant stated in a letter dated October 15, 2007 to staff that it is his
contention than any damage to adjacent properties was caused by the
alteration of the drainage in question (post installation of his drain pipe)
and the lack of maintenance in the drainage area above his drainpipe. He
further states unnatural debris blocks the drainpipe which causes the pipe
to backup and overflow resulting in damage to other properties. He
contends the 12 inch diameter pipe was adequate to handle the water flow
through the drainage easement at the time the pipe was installed. In
closing, the applicant believes the needless alteration of the drainage area
and lack of maintenance of the drainage easement is the reason his
drainpipe is found to be inadequate and in violation of City code.
The applicant believes a violation has not occurred due to his actions and
requests Notice of Violation #203 (“NOV”) be dissolved by the Planning
Commission per Sec. 29-172(a)(1) of the Land Alteration Regulations.
January 17, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0019
2
B. EXISTING CONDITIONS:
This approximate one-quarter acre property is zoned R3 and located in a
residential subdivision on Pinto Point just southeast of the Point West
Drive and Kanis Road intersection. The subdivision is fully developed and
a public drainage easement is located along the north lot line of the
subdivision on the north side of Pinto Point. On the east and west sides of
the subject property are other residential properties zone R3. North of the
subject property is an undeveloped property zoned C3; the office of the
Better Business Bureau zoned O3; and another undeveloped property
zoned C3. North of those properties is Kanis Road. On the north side of
Kanis Road is located the developing Kanis Point development zoned O1.
On the south side of the property is Pinto Point with residential properties
located on the south side of Pinto Point.
The storm water in this area drains under Kanis Road from the north, thru
the properties located on the south side of Kanis Road and into the public
drainage easement located on the north property line of the subdivision on
the north side of Pinto Point before flowing under Pinto Point and
continuing to the south. Staff does not know how long the 12 inch pipe
has been in place on the applicant’s property. Adjacent residential
properties have built fences and filled in the drainage ditch also resulting
in additional Notices of Violations being issued. Further enforcement and
corrective action will be required to correct the drainage problem in this
area.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any phone calls about this matter
except the initial phone complaint. Also at time of writing, staff has not
received proof of public notice to adjacent property owners by the
applicant.
D. ENGINEERING COMMENTS:
1. The Little Rock Storm Water Drainage Manual requires all pipes
installed in public drainage easements must be 15 inch diameter or
larger. This particular pipe is a 12 inch diameter pipe which clogs in
storm events.
2. As required by City code, prior to installation of the 12 inch stormwater
pipe in a City drainage easement, a stormwater drainage plan is
required to be submitted to Public Works for review and approval. In
this case, no plan was ever submitted for review.
January 17, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0019
3
3. The existing 12 inch pipe must be removed and the ditch reconstructed
to appropriate size or the appropriate sized pipe installed. The pipe
should be sized by a certified professional engineer.
4. Contact Melvin Hall at 918-5217 or 590-7465 at completion of
corrective action for approval of work.
E. SUBDIVISION COMMITTEE: (NOVEMBER 1, 2007)
At the subdivision committee, the application was explained by staff. It
was explained that a 12 inch diameter pipe was installed by the applicant
in the public drainage easement and that other fences and obstructions
are also blocking the easement. To resolve the flooding problem addition
enforcement and corrective action will be required by staff.
F. STAFF ANALYSIS:
Staff received a complaint from an adjacent property owner about flooding
on adjacent properties and causing damage. Staff visited the site and
found several fences installed across the public drainage easement which
runs along the northern property line of lots. This particular applicant had
also placed a 12 inch diameter pipe in the ditch which is located in the
public drainage easement for additional yard space. Staff routinely deals
with these types of violation often throughout the City.
In this case, the applicant is appealing Notice of Violation #203. He
believes no violation has occurred due to his actions. He believes the
violation is the result of a poorly maintained ditch by the City and
additional storm water drainage from the properties located upstream. He
states at the time of the installation, the pipe was properly sized by his
landscaper.
The Little Rock Storm Water Drainage Manual requires all pipes installed
in public drainage easements to be a minimum 15-inch diameter. This
size pipe was chosen due to it being less likely to become blocked by
floating debris and other objects. The applicant’s pipe is a 12-inch
diameter pipe, which is smaller than the drainage manual allows. If you
recall the applicant stated in his letter, that the 12-inch diameter pipe often
becomes blocked during storm events.
The Little Rock City code states that public drainage easements cannot be
obstructed. To assure compliance, the code requires a storm water
drainage plan be submitted to Public Works for review and approval prior
to installation of a pipe or other obstructions or modification to a drainage
ditch in a public drainage easement. The applicant or applicant’s
representative never submitted a drainage plan to staff to review prior to
installation. If a plan had been submitted staff would have determined that
a 12 inch diameter pipe was insufficient in size to comply with code and
would obstruct storm water flows from properties upstream.
January 17, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0019
4
As staff has stated other property owners adjacent to the applicant have
similar violations due to other drainage obstructions. Additional
enforcement and corrective action is planned by staff in the near future to
relieve the flooding problem in the area.
G. STAFF RECOMMENDATION:
Staff believes the Notice of Violation #203 should be upheld by the
Planning Commission. The 12 inch diameter pipe installed on the
applicant’s property in the public drainage easement is smaller than
allowed by code and results in the drainage easement being obstructed
and not functioning properly causing adjacent properties to be damaged
by flooding. Staff believes the existing 12 inch diameter pipe must be
removed along with the obstruction caused by the fence. The applicant
should either reconstruct the ditch as originally built and move the fence in
front of the ditch or install a 24 inch diameter or larger pipe in place of the
12 inch diameter pipe after plans are submitted to staff for review and
approval. If the commission denies the applicant’s appeal, staff requests
the violations be corrected by January 6, 2008.
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
Staff recommended deferral of the item to the January 17, 2008 agenda. There
was no further discussion. The item was placed on the consent agenda and
deferred to the January 17, 2008 agenda. The vote was 11 ayes, 0 noes and
0 absent.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
January 15, 2008 requesting the application be withdrawn. Staff supported the
withdrawal request.
With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their
bylaws and accept the request for withdrawal being less than five (5) working
days prior to the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal. A motion to that effect was made. The motion
passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: C FILE NO.: LA-0020
NAME: 1815 Rahling Road Land Alteration Regulation Variance
LOCATION: 1815 Rahling Road
APPLICANT: John Rees
ENGINEER: Crafton, Tull, Sparks & Assoc.
AREA: Approx. 2.1 acres
CURRENT ZONING: O3
VARIANCES/WAIVERS REQUESTED: A variance request to exceed the cut,
fill, and slope requirements of Sec. 29-190 of the Land Alteration Regulations.
A. PROPOSAL/REQUEST:
The applicant is requesting to exceed the total maximum vertical height of
30 ft for terraces with multiple retaining walls. The applicant’s terrace
retaining walls total approximately 36 ft high from the original ground line
elevation. The applicant desires to exceed the maximum height of 15 ft
for a single vertical retaining wall. The tallest vertical retaining wall is
approximately16 ft. The applicant also desires to exceed the 1:1 slope
requirement between terraces meaning the slope will be steeper than the
code allows. Furthermore, the applicant desires to landscape the terraces
differently than required by code. The applicant believes the different
landscaping will help hide the height and extreme slope of the wall and
make it more appealing to the public.
B. EXISTING CONDITIONS:
This approximate 2.1 acre property is zoned O3 and located at 1815
Rahling Road just east of the Champlin and Rahling Road intersection.
This current building with the terraces and retaining walls is the 2nd
building in this complex. Currently, the first building has yet to receive a
full certificate of occupancy due to not complying with the City Landscape
codes. The property on the east of the subject property is undeveloped
and zoned R2. The property on the south is an apartment complex and
currently zoned MF-18. The property to the west is owned by the
January 17, 2008
ITEM NO.: C (Cont.) FILE NO.: LA-0020
2
applicant where an office was recently built. To the north of Rahling Road
is a church and undeveloped steep property that are both zoned R2.
The applicant began construction on the property at 1815 Rahling Road
without a grading permit issued by Public Works. The terraces and
retaining walls have already been built and are not in compliance with the
Land Alteration Regulations. The applicant has filled on the neighbor’s
property and it is unknown at the time of writing if permission was given.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any phone calls about this matter.
Also at time of writing, staff has not received proof of public notice to
adjacent property owners by the applicant.
D. PUBLIC WORKS COMMENTS:
1. Provide letter from adjacent property owner on their letterhead
approving grading on their property.
2. Per Sec 29-190(1), the maximum height of a vertical terrace is 30 ft.
Per Sec. 29-190(a), the depth of fill or excavation shall be measured
from the finish grade elevation to the original ground line elevation.
The original ground line elevation shows to approximately 294 ft and
the finish grade elevation of 330 ft meaning the vertical terrace is 6 ft
above the maximum height allowed.
3. Per Sec 29-190(1)(e), terracing width shall be at a ratio of at least 1 ft
of horizontal terrace for every 1 ft of vertical height up to a maximum
15 ft if architectural stone is used. In other words, the terraces should
be approximately constructed to a 1:1 slope. The existing terraces are
constructed much steeper than a 1:1 slope.
4. Per Sec. 29-190(1)(f), if vertical wall is faced with architectural stone,
the terrace plantings shall be a minimum of 2 rows of trees 4 ft
between the rows, staggered not more than 20 ft on centers. Shrubs
and ground cover shall be required in accordance with the Landscape
Regulations. The applicant is proposing: Terrace #1) no trees planted
at base of wall and instead proposes a vegetation to climb the stone
faced wall; Terrace #2) proposes trees to be planted on 10 inch
centers and vegetation to climb the stone faced wall; Terrace #3) no
trees planted at base of wall and instead proposed holly bushes to be
planted; and Terrace #4) proposes holly bushes to be planted near
parking lot.
January 17, 2008
ITEM NO.: C (Cont.) FILE NO.: LA-0020
3
5. If variance is not approved, the terrace should be reconstructed to
meet the Land Alteration Regulations.
E. SUBDIVISION COMMITTEE: (NOVEMBER 1, 2007)
At the subdivision committee, the application was explained by staff. It
was explained that the total maximum height of a vertical terraces and
retaining walls cannot exceed 30 ft, the terrace slope cannot be steeper
than 1:1, and a single retaining wall cannot exceed 15 ft without variances
issued by the Planning Commission. It was further explained that the
applicant desires to hide the terrace walls by landscaping that does not
comply with the Land Alteration Regulations.
F. STAFF ANALYSIS:
Staff was not aware of the construction of the terrace retaining walls on
this property due to a grading permit had yet to be issued for the work to
begin. Upon inspection, it was determined that the construction of the
terrace retaining walls was nearly complete and the structure did not
comply with the City’s Land Alteration Regulations. The project was told
to stop work and submit plans to detail the heights and widths of the
terraces. As staff suspected, the terrace retaining walls did not comply
with the City’s Land Alteration Regulations.
The following violations were found:
1.) The total vertical height of the terrace walls is 36 ft. tall from the
original ground line elevation. The code states the total vertical height
of the terrace walls cannot exceed 30 ft. tall.
2.) The tallest retaining wall exceeds the maximum height of 15 ft. This
retaining wall is 16 ft. tall.
3.) The slope of the terraces is steeper than the maximum 1:1 slope. The
code requires for a 5 ft. vertical retaining wall the width of the terrace
must also be 5 ft. and for a 15 ft. vertical retaining wall the width of the
terrace must also be 15 ft. One of the applicant retaining walls is 16 ft.
vertical and the terrace is 10 ft. wide and another retaining wall is 11 ft.
vertical and the terrace is 9 ft. wide.
4.) No grading permit has been issued for grading and drainage and
construction of the terraces and retaining walls to begin on the
property.
To make the terraces more appealing to the public at their present heights
and slopes, the applicant has proposed a different landscape scheme for
the terraces. The code requires terrace plantings to a minimum 2 rows of
January 17, 2008
ITEM NO.: C (Cont.) FILE NO.: LA-0020
4
trees 4 ft between the rows, staggered not more than 20 ft. on centers and
shrubs and ground cover shall be required in accordance with the
landscape regulations.
The applicant is proposing the following landscape:
Terrace #1. No trees planted at base of wall and proposes vegetation
planted to climb the modular wall;
Terrace #2. Trees are to planted on 10 foot centers and vegetation
planted to climb the modular wall;
Terrace #3. No trees planted on base of wall and proposes dwarf holly
bushes planted instead;
Terrace #4. Proposes holly bushes to be planted on the terrace near
the parking lot.
In addition all landscaped areas are to be irrigated.
This many variances have never been requested on one application since
the Land Alteration Regulations were adopted in September, 2000.
Usually, only one particular code cannot be met and a variance is then
requested. In this case, the applicant is requesting variances from all of
the codes pertaining to construction of terraces and retaining walls as
found in the Land Alteration Regulations.
Besides the terrace and retaining wall violations on this site, the property
next door to the west which is also owned by the applicant does not
comply with the Landscape Code and has yet to get a full certificate of
occupancy.
G. STAFF RECOMMENDATION:
Staff believes if the variances are not approved by the Planning
Commission, the terraces should be reconstructed to meet the Land
Alteration Regulations. If the variances are approved, all disturbed area
should be temporarily vegetated.
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
Staff informed the Commission that the applicant had requested deferral of the
item. There was no further discussion. The item was placed on the consent
agenda and deferred to the January 17, 2008 agenda. The vote was 11 ayes,
0 noes and 0 absent.
January 17, 2008
ITEM NO.: C (Cont.) FILE NO.: LA-0020
5
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
Staff informed the Commission that on January 9, 2008 the applicant requested
the application be deferred to the February 28, 2008 Agenda. Staff supported
the deferral request.
The chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: D FILE NO.: MSP07-04
Name: Master Street Plan Amendment University Avenue Design Standard
Location: University Avenue from Markham to Cantrell Road
Request: Alternate Design Standards
Source: Staff
On November 13, 2007 it was requested to defer this item to the January 17,
2008 Hearing of the Little Rock Planning Commission.
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
The applicant requested the item be deferred to January 17, 2008. The item was
placed on consent agenda for deferral. By a vote of 11 for, 0 against the consent
agenda was approved.
STAFF UPDATE:
The applicant requested that the item be deferred to February 28, 2008 hearing
of the Little Rock Planning Commission.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The item was placed on consent agenda for deferral to April 10, 2008. By a vote
of 10 for, 0 against the consent agenda was approved.
January 17, 2008
ITEM NO.: E FILE NO.: 310
NAME: Shoemaker Annexation
REQUEST: Accept 216 acres plus or minus to the City
LOCATION: South of Lawson Road, between Crystal Valley and Duvall, within
Sections 20, 29 and 30, Township 1 North, Range 13 West
SOURCE: Andrew Francis, PA, representative for Emprise LLC,
Property Owner
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
July 24, 2007.
• The area requested for consideration is currently undeveloped.
• There is one owner, the Emprise LLC.
• The site is contiguous to the City of Little Rock on a portion of two sides.
• The annexation request is to obtain sewer service and other City Services.
• The area in question is along the south side of Lawson Road between
Crystal Valley Road and Duvall. It is continuous to the City along its
southwestern boundaries, connecting to an area currently developing as
Sienna Lake Subdivision.
• Currently the property is zoned Single Family (R-2).
• The property owner has indicated they intend to develop this land into
some 160 lots for single-family homes.
Staff Recommendation:
In order to more fully review the issues related to this annexation Staff has
requested the item be deferred for six weeks to the October 11, 2007 hearing.
PLANNING COMMISSION ACTION: (AUGUST 30, 2007)
This item was placed on the consent agenda for deferral to the October 11, 2007
agenda. The consent agenda was passed with a vote of 9 ayes, 0 noes, 1 absent
and 1 open position.
January 17, 2008
ITEM NO.: E (Cont.) FILE NO.: 310
2
STAFF UPDATE:
AGENCY COMMENTS:
Public Safety:
Fire: The Fire Department has concerns about service to the area. The closest
station is almost 4 miles from the area. While this should not affect the ISO
rating at this time, unless additional station(s) are constructed in the next decade
or so problems could arise. Due to the distance, the Department suggests that
all structures be sprinkled should be implemented. Alternatively, the requester
could purchase the site for the future station and provide it to the city (site
location as designated by the Little Rock Fire Department).
Additionally there is only one access. Arkansas state law says that for a
development of this size, there should be at least two access points. Therefore
the proposed second access point along the southern parameter of this area
should be opened prior to the thirtieth residential unit being constructed. (Prior to
the final plat approval of the creation of more than 29 lots there should be a
second access point made available).
The Crystal Fire Protection District has expressed concerns that this annexation
could cause with response to fires for both the Little Rock and Crystal Valley
Departments. With an area that protrudes in to the county and is surrounded on
three sides by un-incorporated areas confusion is possible. In addition, though
contiguous, this connection is not by way of street. A person would have to drive
great distance outside the city limits to access this site. (NOTE: This is the Fire
Department that currently services the area requesting annexation and will
continue to service areas both to the east and west of the site.)
The closest Fire Station is on Colonel Glenn Road a little over three and three-
quarters of a mile to the east of the annexation area.
Police: The Little Rock Police Department has indicated there are some
concerns. While there should not be immediate impacts beside longer than
desirable response times to this area, there are longer-term concerns. The
potential link to the Sienna Lake development could be problematic to the police.
In addition, the future call loading for this area is an unknown.
The closest police patrol would have to drive almost one-mile to get to this area
adding additional time to an already large patrol district.
January 17, 2008
ITEM NO.: E (Cont.) FILE NO.: 310
3
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
The closest regular bus service is at Colonel Glenn Road and Shackleford Road,
approximately two and a third miles away to the east.
Parks and Recreation: The Little Rock Parks and Recreation Department
indicates there are essentially no services available in this vicinity and that they
continue to fall behind with acquisition of property and provision of facilities.
The proposed ‘Take it to the Extreme’ Trail (shown in the Little Rock Parks and
Recreation Master Plan) would go through or near this annexation area. Some
sort of open space recreational area should be included within or near the
annexation area.
Public Works: The Public Works Department has indicated while there could be
issues in the future with waste collections and maintenance of Lawson Road. At
this time they do not recommend against the annexation of this land.
Lawson Road is shown as an Arterial but is currently a two-lane road with open
ditches. Right of way for this widening was included in the approved preliminary
plat ‘Ventana Ridge’ for this area. In addition as part of the subdivision process a
collector was required through the development. At the time of development the
property owner – developer, will make these street improvements. Currently the
City would have the additional maintenance of approximately 400 linear feet of
Lawson Road.
Utilities:
Central Arkansas Water: Central Arkansas Water indicates additional water
facilities and fire protection shall be required at the developer expense. A Capital
Investment Charge based on meter size will also apply to this area.
There is an existing 12-inch line in Lawson Road.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater Utility has indicated there is no
sewer service in this area. Sewer Mains will have to be extended at the cost of
the developer and sized as required by the Wastewater Utility. Additionally in
January 17, 2008
ITEM NO.: E (Cont.) FILE NO.: 310
4
order to service this area a trunk-line may have to be constructed outside the
current city limits to service this area requesting annexation.
Southwestern Bell: No Comment Received.
Schools:
Little Rock: No Comment Received.
The annexation is not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is with in the Pulaski Special School District and the
Lawson Elementary attendance zone.
ANALYSIS:
This site is within the City of Little Rock Planning Jurisdiction. The site is
primarily wooded and undeveloped. A single house has been located on this
site. There are two ridgelines that cross the area in a northwest to southeast
direction. The result is topographic change of 180 feet from around 360 feet to
500 feet. McHenry Creek flows by the property at Lawson Road. This is the low
point of the property.
The property is within the City Planning Jurisdiction and was zoned in October
1991 to ‘R-2’ Single Family. This zoning allows for a minimum lot size of 7000
square feet. In October 2006 the Little Rock Planning Commission approved a
preliminary plat, Ventana Ridge Subdivision, for over 160 single-family lots
ranging in size from a third of an acre to 1.3 acres. Ventana Ridge Subdivision
was approved by the Little Rock Planning Commission conditioned on
annexation. (Note: Staff noted that the recommendation and approval did not
indicate that the City would be supportive of annexation.)
The petition for annexation was made and properly filed before the County. The
County Judge found that the annexation was proper, however at the hearing
concern was raised about confusion this could cause for public safety providers.
In addition the single access was noted. While the Judge did find that the
concerns might be valid, they were beyond the scope of his review. He
encouraged the City to carefully review and address these concerns in its review.
The area to the southeast of the annexation request has recently started
development. The Sienna Lake Subdivision is the 360 acres annexed in early
2004 as the ‘Dyke Annexation’. Only the initial phase, some 78 lots and 40 acres
have been final platted. These lots are approximately a mile to the southeast of
January 17, 2008
ITEM NO.: E (Cont.) FILE NO.: 310
5
the annexation area. To the southwest of the annexation area are the Plantation
Acres and Chicopee Subdivisions with lots generally two to five acres in size.
These subdivisions along with other tracks fill the area to the southwest to
Crystal Valley Road. Generally this area is developed with homes and a few
businesses. The area along Lawson to the west remains in larger tracts and is
wooded. To the east, between the City limits and proposed annexation, the area
is developed along Lawson Road with homes and a few businesses, including
the Rolling Meadows Subdivision adjacent to the City Limits at Lawson and
David O Dodd Roads. Several large undeveloped wooded tracts remain
(approximately a quarter of a mile south of Lawson) in this area as well.
The only current access to this land is on Lawson Road, approximately nine
tenths of a mile from the current City Limits. The land along Lawson Road is
within the McHenry Creek floodplain. The creek itself is along the north side of
Lawson Road in this location and crosses back to the south just west of the
western boundary of the annexation. Flood control may well have an impact on
the design of access to any major development of the site as well as the design
of the widening of Lawson Road to Arterial standard.
The two ridgelines that cross the annexation area have steep slopes. The first
ridge rises over the McHenry floodplain some one hundred and fifty feet.
Between the two ridges the land falls over one hundred and twenty feet before
rising one hundred and thirty feet to the second ridge.
The City’s Land Use Plan shows this area for single-family development and the
current zoning is ‘R-2’ Single-family. Based on the current zoning and
development pattern for non-annexed developed area, without annexation it
would be likely to see 50 to 100 home sites on this land. If the annexation is
approved the density is likely to be higher with 160 to 200 homes on the same
land.
With the issues expressed by the Parks Department some provisions for
recreational activities should be included on this land. Even with the rugged
topography, there should be some opportunities for the provision of recreational
space within this acreage. This can be achieved with a Property Owners,
private, park or by working with the City Parks and Recreation Department to
provide land, which they might develop. In addition the Master Parks Plan shows
the proposed ‘Take it to the Extreme’ Trail on or near this site. The owners could
work with the Parks Department to develop a segment of the trail along with large
‘active recreational area(s).
The public safety concerns raised by both the police and fire departments
(including the volunteer department which currently services this area) should be
addressed. From a fire protection standpoint, due to the concern about the great
January 17, 2008
ITEM NO.: E (Cont.) FILE NO.: 310
6
distance to the closest fire station, the Little Rock Fire Department has
recommended any structures be sprinkled. Second, there must be more than
one access point in place and useable by the fire department that is servicing this
development. Both of these issues are life safety issues and the second access
point is a requirement of state law. At a later date in the future, the City’s ISO
rating could suffer when the proposed area is 50% developed an no additional
fire stations are built within the immediate area to serve the subdivision.
Due to the distance from the existing patrol areas, the police feel that as long as
the development functions as an isolated area with a single access crime will be
low. The concern arises when a second access is provided. The concern here
is that the criminals will become more aware of the development at this point and
begin to target it. With the police so far it would be hard to respond and control
this. The response times are projected to be higher than those for the Otter
Creek area.
Staff Recommendation:
Staff recommends denial of this annexation request.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant requested the item be differed. The item was placed on consent
agenda for deferral to the December 6, 2007 hearing. By a vote of 7 for,
0 against, 3 absent and one open position the item was deferred to December 6,
2007.
STAFF UPDATE:
At the request of the applicant, Staff met with the applicants to discuss the issues
related to parks (recreation area) and fire protection. The applicants indicated
that there would be one or more private parks as part of the development.
These would be Property Owner Association (POA) parks and would include
some recreation facilities but not athletic fields. They also indicated a willingness
to work with the City on trails in and through the development including the
possibility that a section to the ‘Take it to the Extreme’ trail could go through their
property (with compensation for the owners). The City indicated this would help
but there would still be a need for active recreation areas, which included athletic
fields. It was agreed that within the ownership of this application, the need could
not be met.
At the meeting on Fire Department concerns, there was discussion about the
maximum number of lots and the second access point. Also pros and cons of
January 17, 2008
ITEM NO.: E (Cont.) FILE NO.: 310
7
sprinklering the structure and possible future requirement for this was shared
by the Fire Department. The lack of fire stations to serve the western and
southwestern areas of the City was discussed and how the ISO reviews this.
It was agreed that solely within the ownership of this application the solution to
the issue of additional fire facilities was not likely to be addressable.
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
The applicant requested the item be deferred to January 3, 2008. The item was
placed on consent agenda for deferral. By a vote of 11 for, 0 against the consent
agenda was approved.
PLANNING COMMISSION ACTION: (JANUARY 3, 2008)
Mr. Tony Bozynski, Planning Director indicated that the applicant was not present
and recommended that the item be deferred to the January 17, 2008 hearing.
There was some discussion about this being the last deferral and about who
requested the item be deferred to this hearing. By a vote of 8 for, 2 against and
one absent the item was deferred.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The item was placed on consent agenda for withdrawal. By a vote of 10 for,
0 against the consent agenda was approved.
January 17, 2008
ITEM NO.: 1 FILE NO.: G-23-395
Name: Little Rock National Airport – Right-of-Way
Abandonments (East)
Location: Portions of Crosby, Ventura, Bedford and East
10th Streets and Alleys
Owner/Applicant: Little Rock Municipal Airport Commission/
Garver Engineers
Request: To abandon portions of Crosby, Ventura,
Bedford and East 10th Street, and alleys located
within and adjacent to Blocks 36 and 43,
Industrial Park Addition.
Purpose: Future airport facilities
STAFF NOTE:
The Little Rock Municipal Airport Commission is requesting to abandon the below
list of rights-of-way to allow future development/expansion of airport facilities:
a. Crosby Street – between East 9th and East 10th Streets
b. Alley – within Block 36, Industrial Park Addition
c. Ventura Street – between East 9th and East 10th Streets
d. Alley – located between Lots 1-4 and 17-20, Block 43, Industrial Park
Addition.
e. North 200 feet of Bedford Street – between Blocks 43 and 44, Industrial
Park Addition
f. East 10th Street – from the west right-of-way of Crosby Street to the east
right-of-way of Ventura Street
January 17, 2008
ITEM NO.: 1 (Cont.) FILE NO.: G-23-395
2
Following represents the approximate area of rights-of-way to be abandoned.
a. Crosby Street SIZE: 50’ X 495’ SQ. FT. 24,750 ACRES 0.57
b. Alley (Block 36) SIZE: 20’ X 493’ SQ. FT. 9,850 ACRES 0.23
c. Ventura Street SIZE: 50’ X 492’ SQ. FT. 24,600 ACRES 0.56
d. Alley (Block 43) SIZE: 20’ X 199’ SQ. FT. 3,980 ACRES 0.09
e. Bedford Street SIZE: 50’ X 200’ SQ. FT. 10,000 ACRES 0.23
f. East 10th Street SIZE: 50’ X 405’ SQ. FT. 20,250 ACRES 0.46
(Total) 93,440 (Total) 2.14
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to
the abandonment request. Three (3) of the utilities request all or portions
of the areas of abandonment be retained as utility easements. The Public
Works Comments are as follows:
1. If utilities exist in abandoned right-of-way and/or alley an easement
must be maintained for the utilities.
B. Master Street Plan:
There are no Master Street Plan issues, as none of the rights-of-way
proposed for abandonment are classified as a Collector Street or higher.
C. Characteristics of Right-of-Way Terrain:
• Crosby Street – 26 feet of pavement with curb and gutter
• Ventura Street – 26 feet of pavement with curb and gutter
• Bedford Street – 26 feet of pavement with curb and gutter
• East 10th Street – 18 feet of pavement with no curb and gutter
• Alley rights-of-way - undeveloped
D. Development Potential
After abandonment, the areas of abandonment will be incorporated into
the adjacent properties for future expansion of the Little Rock National
Airport facilities.
January 17, 2008
ITEM NO.: 1 (Cont.) FILE NO.: G-23-395
3
E. Neighborhood and Land Use Effect
Areas south and east of the proposed abandonments are zoned I-2 and
part of the Little Rock National Airport facilities. Properties to the north
and west contain some single-family residential structures and vacant lots.
F. Neighborhood Position
The East Little Rock Neighborhood Association was 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 to abandonments. No easements will be
required to be retained.
Entergy: No objection to abandonment. Request west 15 feet of Bedford
Street, east 15 feet of Ventura Street and west 15 feet of Crosby Street be
retained as easements.
Centerpoint Energy: No comment received.
AT&T (SBC): Cannot grant this request unless a dedicated utility
easement is granted.
Water: In principle, Central Arkansas Water has no objection to closure
and abandonment of easement rights in the area described. However; we
have water facilities – particularly a 16-inch water main – that must remain
as a public main within a 20-foot wide easement or be replaced in a
different location acceptable to Central Arkansas Water prior to the
existing main being abandoned. Easement must be submitted to Central
Arkansas Water prior to the start of construction. Relocation of a portion
of this water main is currently under construction in Ventura Avenue under
a contract between Central Arkansas Water and Falcon Jet, with FTN
Associates, Ltd. as engineers. Other smaller mains in these streets can
be abandoned. Any relocation of facilities due to development within
these rights-of-way would be at the expense of the Little Rock National
Airport or tenants occupying this area.
H. Reversionary Rights
All of the rights-of-way were dedicated with the Industrial Park Addition in
1924. The Bill of Assurance for this subdivision is handwritten and is not
legible. It likely contains no reversionary rights. The areas of
January 17, 2008
ITEM NO.: 1 (Cont.) FILE NO.: G-23-395
4
abandonment will revert to the Little Rock National Airport, owner of all
abutting properties.
I. Public Welfare and Safety Issues
Abandoning these areas of street and alley rights-of-way will have no
adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
Brooks Beazley and Earl Mott were present, representing the application. Staff
presented the application. Staff noted that the required letters from utility
companies were needed. The Public Works requirements were briefly
discussed. It was noted that the requested abandonments were in conjunction
with future airport expansion.
STAFF RECOMMENDATION:
Staff recommends approval of the requested right-of-way abandonments, subject
to retaining areas of the rights-of-way as utility easements, as noted in paragraph
G. of the staff report.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 2 FILE NO.: G-23-396
Name: Little Rock National Airport – Right-of-Way
Abandonments (West)
Location: Portions of Corning, Selma and East 10th Streets
and Alleys
Owner/Applicant: Little Rock Municipal Airport Commission/
Garver Engineers
Request: To abandon portions of Corning, Selma and East
10th Streets, and alleys located within and
adjacent to Blocks 6 and 15, Industrial Park
Addition.
Purpose: Future airport facilities
STAFF NOTE:
The Little Rock Municipal Airport Commission is requesting to abandon the below
list of rights-of-way to allow future development/expansion of airport facilities:
a. Corning Street – between East 9th and East 10th Streets
b. Alley – within Block 6, Industrial Park Addition
c. Selma Street – between East 9th and East 10th Streets
d. Alley – within Block 15, Industrial Park Addition.
e. East 10th Street – from the west right-of-way of Corning Street to the west
right-of-way of Kirspel Street.
Following represents the approximate area of rights-of-way to be abandoned.
a. Corning Street SIZE: 50’ X 260’
+ Avg. 57.5’ X 255’
SQ. FT. 27,663 ACRES 0.63
b. Alley (Block 6) SIZE: 20’ X 516’ SQ. FT. 10,320 ACRES 0.24
c. Selma Street SIZE: 50’ X 513’ SQ. FT. 25,650 ACRES 0.59
d. Alley (Block 15) SIZE: 20’ X 512’ SQ. FT. 10,240 ACRES 0.23
e. East 10th Street SIZE: 50’ X 693’ SQ. FT. 34,650 ACRES 0.80
(Total) 108,523 (Total) 2.49
January 17, 2008
ITEM NO.: 2 (Cont.) FILE NO.: G-23-396
2
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to
the abandonment request. All of the utilities request all or portions of the
areas of abandonment be retained as utility easements. The Public
Works Comments are as follows:
1. An easement should be maintained for any utility located in the
abandoned right-of-way.
B. Master Street Plan:
There are no Master Street Plan issues, as none of the rights-of-way
proposed for abandonment are classified as a Collector Street or higher.
C. Characteristics of Right-of-Way Terrain:
1. Corning Street – 30 feet of pavement with curb and gutter
2. Selma Street – 26 feet of pavement with curb and gutter
3. East 10th Street – 18 feet of pavement with no curb and gutter
4. Alley rights-of-way - undeveloped
D. Development Potential
After abandonment, the areas of abandonment will be incorporated into
the adjacent properties for future expansion of the Little Rock National
Airport facilities.
E. Neighborhood and Land Use Effect
Areas south and west of the proposed abandonments are zoned I-2 and
R-3 and are part of the Little Rock National Airport facilities. Property to
the north (across East 9th Street) is zoned R-3 and contains multifamily
residential structures. Properties to the east contain some residential
structures and vacant lots.
F. Neighborhood Position
The East Little Rock Neighborhood Association was notified of the
abandonment request. As of this writing, staff knows of no objectors to
the abandonment request.
January 17, 2008
ITEM NO.: 2 (Cont.) FILE NO.: G-23-396
3
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonments. Corning Street and both
alleys must be retained as easements.
Entergy: No objection to abandonments. Request north 15 feet of East
10th Street and both alleys be retained as easements.
Centerpoint Energy: No objection to abandonments. Retain easements
(five (5) feet either side of existing gas facilities) within East 10th, Corning
and Selma Streets.
AT&T (SBC): No objection to abandonments. Ten (10) foot easements
required within Corning Street, East 10th Street and both alleys.
Water: Central Arkansas Water has no objection to closure of this street
right-of-way. However; we have water facilities – particularly a 16-inch
water main – that must remain as a public main within a 20-foot wide
easement or be replaced in a different location acceptable to Central
Arkansas Water prior to the existing main being abandoned. Easement
must be submitted to Central Arkansas Water prior to the start of
construction. Any relocation of facilities due to development due to
development within these rights-of-way would be at the expense of the
Little Rock National Airport or tenants occupying this area.
H. Reversionary Rights
All of the rights-of-way were dedicated with the Industrial Park Addition in
1924. The Bill of Assurance for this subdivision is handwritten and is not
legible. It likely contains no reversionary rights. The areas of
abandonment will revert to the Little Rock National Airport, owner of all
abutting properties.
I. Public Welfare and Safety Issues
Abandoning these areas of street and alley rights-of-way will have no
adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
Brooks Beazley and Earl Mott were present, representing the application. Staff
presented the application. Staff noted that the required letters from utility
companies were needed. The Public Works requirements were briefly
January 17, 2008
ITEM NO.: 2 (Cont.) FILE NO.: G-23-396
4
discussed. It was noted that the requested abandonments were in conjunction
with future airport expansion.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the requested right-of-way abandonments, subject
to retaining areas of the rights-of-way as utility easements, as noted in paragraph
G. of the staff report.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 3 FILE NO.: Z-8157-B
Owner: Little Rock Municipal Airport Commission
Applicant: Garver Engineers
Location: South of East 9th Street, north of East 10th Street
and east of Crosby Street
Area: Approximately 4.8 Acres
Request: Rezone from R-2 and R-3 to I-2
Purpose: Future expansion of airport facilities
Existing Use: Vacant single family structures and lots
SURROUNDING LAND USE AND ZONING
North – Single family structures and lots (across East 9th Street);
zoned R-2 and R-3
South – Airport property (across East 10th Street); zoned I-2
East – Airport property; zoned I-2
West – Single family structure and lots (across Crosby Street); zoned R-3
A. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that East 9th Street 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 located on a CATA Bus Route #12 (East 6th Street 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 East Little Rock
Neighborhood Association were notified of the public hearing.
January 17, 2008
ITEM NO: 3 (Cont.) FILE NO.: Z-8157-B
2
D. LAND USE ELEMENT:
This request is located in the East Little Rock Planning District. The Land
Use Plan shows Single Family with a special designation to allow
conversions to industrial in larger (by block) changes 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:
East 9th Street, East 10th Street and Crosby Street are all shown as Local
Streets. The primary function of a Local Street is to provide access to
adjacent properties. Local Streets which are abutted by non-residential
zoning/use or more intensive zoning than duplexes are considered as
“Commercial Streets”. These streets have a design standard the same as a
Collector.
Bicycle Plan:
There are no bike routes in this immediate vicinity.
Neighborhood Action Plan:
This area is not covered by a City of Little Rock Neighborhood Plan.
E. STAFF ANALYSIS:
Little Rock Municipal Airport Commission, owner of the 4.8 acres of
property located south of East 9th Street, north of East 10th Street and east
of Crosby Street, is requesting to rezone the property from “R-2” and “R-3”
Single Family Districts to “I-2” Light Industrial District. The rezoning is
proposed to allow future expansion of the Airport facilities, which are
located to the south. The rezoning consists of the following properties:
a. All of Block 36, Industrial Park Addition
b. Lots 1-4 and 17-20, Block 43, Industrial Park Addition
The majority of the property proposed for rezoning is comprised of vacant
lots. There are several vacant residential structures within Block 36,
Industrial Park Addition, between Crosby and Ventura Streets. There are
no residential structures within Block 43.
January 17, 2008
ITEM NO: 3 (Cont.) FILE NO.: Z-8157-B
3
Single family residential structures and vacant lots are located on the R-2
and R-3 zoned property north of East 9th Street. Airport property is located
to the south and east of the proposed rezoning. Single family structures
and vacant lots are also located to the west, across Crosby Street.
The City’s Future Land Use Plan designates this property as Single Family,
with a Special Coverage for Light Industrial. The requested rezoning does
not require a change to the Future Land Use Plan based on the fact that the
proposed rezoning includes more than an entire platted block of property.
Staff is supportive of the requested rezoning. Staff views the request as
reasonable. The property is located within a Special Coverage area for
Light Industrial and future airport facilities expansion according to the Future
Land Use Plan. On September 27, 2007 the Little Rock Planning
Commission approved a multiple-building site plan, including parking, for
expansion of the Dassault Falcon Jet facilities to the east of the proposed
area of rezoning. An application to abandon the rights-of-way within and
adjacent to the area of rezoning is also an application on this agenda
(G-23-395). Staff believes the proposed rezoning will have no adverse
impact on the adjacent properties or general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-2 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 4 FILE NO.: Z-8157-C
Owner: Little Rock Municipal Airport Commission
Applicant: Garver Engineers
Location: South of East 9th Street, north of East 10th
Street, between Corning and Kirspel Streets
Area: Approximately 7 Acres
Request: Rezone from R-3 to I-2
Purpose: Future expansion of airport facilities
Existing Use: Single family structures and vacant lots
SURROUNDING LAND USE AND ZONING
North – Multifamily structures (across East 9th Street); zoned R-3
South – Airport property (across East 10th Street); zoned I-2
East – Single family structures, non-residential structures (along East 10th
Street) and vacant lots; zoned R-3, C-3 and I-2
West – Airport property (across Corning Street); zoned R-3
A. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that East 9th Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Kirspel Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
3. A 20-foot radial dedication of right-of-way is required at the intersection
of Kirspel Street and East 9th Street.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #12 (East 6th Street Route).
January 17, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8157-C
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 East Little Rock
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the East Little Rock Planning District. The Land
Use Plan shows Single Family with a special designation to allow
conversions to industrial in larger (by block) changes for this property.
The applicant has applied for a rezoning from R-3 to I-2 Light Industrial.
The request does not require a change to the Land Use Plan.
Master Street Plan:
East 9th Street, East 10th Street and Corning Street are all shown as Local
Streets. The primary function of a Local Street is to provide access to
adjacent properties. Local Streets which are abutted by non-residential
zoning/use or more intensive zoning than duplexes are considered as
“Commercial Streets”. These streets have a design standard the same as a
Collector.
Bicycle Plan:
There are no bike routes in this immediate vicinity.
Neighborhood Action Plan:
This area is not covered by a City of Little Rock Neighborhood Plan.
E. STAFF ANALYSIS:
Little Rock Municipal Airport Commission, owner of the seven (7) acres of
property located south of East 9th Street, north of East 10th Street between
Corning and Kirspel Streets, is requesting to rezone the property from
“R-3” Single Family District to “I-2” Light Industrial District. The rezoning is
proposed to allow future expansion of the Airport facilities, which are
located to the south. The rezoning consists of the following properties:
1. All of Block 6, Industrial Park Addition
2. All of Block 15, Industrial Park Addition
January 17, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8157-C
3
There are five (5) residential structures within Block 6, Industrial Park
Addition. One (1) of the structures appears to be occupied. There are two
(2) vacant residential structures within Block 15. The remaining lots are
vacant with several houses being recently removed from the area.
Multifamily residential structures are located on the R-3 zoned property to
the north, across East 9th Street. Airport property is located to the south,
across East 10th Street and west, across Corning Street. Single family
structures, non-residential structures (along East 10th Street), and vacant
lots are located to the east, across Kirspel Street.
The City’s Future Land Use Plan designates this property as Single Family,
with a Special Coverage for Light Industrial. The requested rezoning does
not require a change to the Future Land Use Plan based on the fact that the
proposed rezoning includes more than an entire platted block of property.
Staff is supportive of the requested rezoning. Staff views the request as
reasonable. The property is located within a Special Coverage area for
Light Industrial and future airport facilities expansion according to the Future
Land Use Plan. An application to abandon the rights-of-way within and
adjacent to the area of rezoning is also an application on this agenda
(G-23-396). Staff believes the proposed rezoning will have no adverse
impact on the adjacent properties or general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-2 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 5 FILE NO.: Z-4159-A
Owner: William and Ruth Huffstutlar
Applicant: Bobby Ferguson
Location: North side of Interstate 30, approximately
1,000 feet west of Chicot Road
Area: 5.422 Acres
Request: Rezone from C-4 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2
South – Mixed commercial and light industrial uses (across I-30);
zoned C-3, C-4 and I-2
East – Undeveloped property and mini-warehouse development;
zoned C-4
West – Single family residences and light industrial uses (along north
side of I-30); zoned R-2 and I-2
A. PUBLIC WORKS COMMENTS:
1. Show the floodplain delineations on the survey.
2. In accordance with Section 31-176, floodway areas must be shown
as floodway easements or be dedicated to the public. In addition, a
25-foot wide access easement is required adjacent to the floodway
boundary.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on CATA Bus 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 SWLR United for Progress
January 17, 2008
ITEM NO: 5 (Cont.) FILE NO.: Z-4159-A
2
and Town and Country Neighborhood Associations were notified of the
public hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for a rezoning C-4 to C-3 General Commercial.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Interstate 30 is shown as a Freeway. Access or turning lanes may be
limited or controlled since the location is a frontage road for the freeway.
Bicycle Plan:
There are no bike routes in the immediate vicinity.
Neighborhood Action Plan:
This area is covered by the 65th Street West Neighborhood Plan. The
Land Use and Zoning Goal states, “Encourage non-residential uses
continue to be located along University Avenue and I-30 and not filtrate
into the neighborhood.”
E. STAFF ANALYSIS:
William and Ruth Huffstatlar, owners of the 5.422 acres located along the
north side of I-30, approximately 1,000 feet west of Chicot Road, are
requesting to rezone the property from “C-4” Open Display District to “C-3”
General Commercial District. The rezoning is proposed for future
commercial development of the property.
On February 21, 1984, the south half of this property was zoned to C-4 by
Ordinance 14,599. On July 18, 1989, the north portion of the property was
zoned C-4 by Ordinance 15,715. A 50-foot wide strip along the west
boundary of the north portion was zoned “OS” Open Space. A portion of
the property along the east property line was also zoned OS, as it is
designated floodway.
The property is currently undeveloped, with two (2) gravel driveways from
the I-30 access road. The majority of the property is gravel covered, as it
was recently used by the State Highway Department as a concrete batch
plant during I-30 construction. Trees are located along the east, west and
January 17, 2008
ITEM NO: 5 (Cont.) FILE NO.: Z-4159-A
3
north property lines, with a creek along the east boundary. A billboard is
located at the southwest corner of the property.
Single-family residences are located to the west, along the majority of the
west property boundary. Undeveloped R-2 zoned property is located to
the north. Undeveloped C-4 zoned property and a mini-warehouse
development are located to the east. A mixture of commercial and light
industrial uses and zoning are located to the south, across I-30.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-3 zoning does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-3 rezoning. Staff views the request
as reasonable, given the current surrounding uses and future plan
designation. Commercial and light industrial uses currently exist to the
east and west along both sides of I-30. Staff believes that a future C-3
commercial development at this location will be appropriate and will have
no adverse impact on the adjacent properties or the general area. Staff
will request to maintain the existing 50-foot wide OS strip along the west
property boundary, and extending it southward where adjacent to R-2
zoned property. Staff will also request that any additional floodway on this
property, which is not currently OS, be zoned OS.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning, subject to the
following conditions:
1. The west 50 feet of the property, where adjacent to R-2 zoning, be
zoned “OS” Open Space.
2. Any portion of the property which falls within the floodway be zoned
“OS” Open Space.
3. Provide floodway easement as requested by Public Works.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 6 FILE NO.: Z-5097-K
Owner: Deltic Timber Corporation
Applicant: White-Daters and Associates
Location: West side of Chenonceau Blvd., 1,000(+) feet
south of Highway 10
Area: 23.12 Acres
Request: Rezone from R-2 and MF-12 to MF-12, O-3
and OS
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences on larger lots; zoned R-2
South – Single family residences (across Chenonceau Blvd.,); zoned R-2
East – Undeveloped property (across Chenonceau Blvd.); zoned O-2
and C-3
West – Single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on CATA Bus 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 Aberdeen Court, Maywood
Manor, Bayonne Place and Chevaux Court Neighborhood Associations
were notified of the public hearing.
January 17, 2008
ITEM NO: 6 (Cont.) FILE NO.: Z-5097-K
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family, Multi Family and Commercial for this property.
The applicant has applied for a rezoning from MF-12 to O-3, from R-2 to
MF-12, and from R-2 and MF-12 to OS.
The request does not require a change to the Land Use Plan since this is
just a reconfiguration of the existing plan.
Master Street Plan:
Chenonceau is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians.
This street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class III bike route is shown on Chenonceau. A Class III bikeway is a
signed route on a street shared with traffic. No additional paving or right-
of-way is required. Class III bicycle route signage may be required.
Neighborhood Action Plan:
A City of Little Rock Neighborhood Plan does not cover this area.
E. STAFF ANALYSIS:
Deltic Timber Corporation, owner of the 23.12 Acres located on the west
side of Chenonceau Blvd., 1,000 feet-plus south of Highway 10, is
requesting to rezone the property from “R-2” Single Family District and
“MF-12” Multifamily District to “MF-12” Multifamily District, “O-3” General
Office District and “OS” Open Space District. The rezoning represents a
reorganization of zoning lines with an area over 40 acres in size east of
the Aberdeen Court neighborhood. Following is a description of the
proposed rezoning:
1. MF-12 to O-3 (9.38 Acres) – to enlarge an existing O-3 zoned tract.
2. MF-12 to OS (0.93 Acre) – east side of Chenonceau Park.
3. R-2 to OS (6.08 Acres) – north and west sides of Chenonceau Park
and along east boundary of Aberdeen Court Neighborhood.
January 17, 2008
ITEM NO: 6 (Cont.) FILE NO.: Z-5097-K
3
4. R-2 to MF-12 (6.37 Acres) – west of existing MF-12 zoned tract.
The property is currently undeveloped and mostly wooded, with varying
degrees of slope. The Aberdeen Court single family development is
located to the west, with the Bayonne neighborhood to the south across
Chenonceau Blvd. Single family residences on larger lots are located to
the north, with various nonresidential uses and zoning along Highway 10.
Undeveloped O-2 and C-3 zoned property is located across Chenonceau
Blvd. to the east.
The City’s Future Land Use Plan designates the property as Single
Family, Multifamily and Office. The requested rezoning does not require
an amendment to the Future Land Use Plan based on the fact that it is a
reconfiguration of zoning lines within an existing plan area.
Staff is supportive of the requested rezoning. Staff views the request as
an appropriate revision of zoning lines within an area of existing R-2, MF-
12 and O-3 zoning. The proposed plan will create an OS buffer along the
east side of the Aberdeen Court Neighborhood, which currently does not
exist. The OS strip is 100 feet wide at its narrowest point, widening to
several hundred feet wide along the west side of Chenonceau Park. The
proposed rezoning will enlarge the existing O-3 zoning by 9.38 acres and
have a net decrease of approximately four (4) acres in the MF-12 zoning.
Staff believes the reconfiguration of zoning lines within this area along
Chenonceau Blvd. will have no adverse impact on the adjacent properties
or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested MF-12, O-3 and OS
rezoning.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
January 15, 2008 requesting the application be deferred to the February 28,
2008 Agenda. Staff supported the deferral request.
With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their
bylaws and accept the request for deferral being less than five (5) working days
prior to the public hearing.
January 17, 2008
ITEM NO: 6 (Cont.) FILE NO.: Z-5097-K
4
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 7 FILE NO.: LU08-11-01
Name: Land Use Plan Amendment - I-430 Planning District
Location: The 1600 block of Aldersgate Road
Request: Suburban Office to Office
Source: Jennifer Hart
PROPOSAL / REQUEST:
A Land Use Plan amendment in the I-430 Planning District from Suburban Office
to Office. Office represents services provided directly to consumers as well as
general offices which support more basic economic activities. The applicant is
requesting a rezoning from O-2 and R-2 to O-3 General Office District.
EXISTING LAND USE AND ZONING:
The property is vacant, currently zoned O-2 and R-2 and is 0.64 acres ± in size.
The property immediately east of this area is zoned R-7A for a manufactured
home. The property north and adjacent is zoned R-2 for a vacant single family
house. Further to the north is a fifty foot strip of land zoned OS Open Space
between the R-2 zoned house and the land zoned O-2 Office and Institutional,
which is occupied by two office buildings. The land to the west from this
application and across Aldersgate Road is zoned Planned Office Development
for two office buildings. South of this application is zoned O-2 for a large office
building.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The Land Use Plan shows Suburban Office for this property. The Suburban
Office extends north to Kanis, south to 18th Street and west to Shackleford Road.
Further east and southeast is shown as Single Family on the plan. Southwest is
shown as Park/Open Space.
On March 18, 2003, a change was made at this site from Single Family to
Suburban Office for future office development.
On November 4, 2002, a change was made from Office to Commercial on John
Barrow Road north of Kanis about one mile northeast of the study area to reflect
existing conditions.
January 17, 2008
ITEM NO.: 7 (Cont.) FILE NO.: LU08-11-01
2
On September 4, 2001, a change was made from Park/Open Space to Multi
Family at 24th Street and Junior Deputy Road about ¼ mile southeast of the
study area to accommodate a new multi family residential development.
MASTER STREET PLAN:
Aldersgate Road is shown as a Collector. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. This street may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
BICYCLE PLAN:
There are no bike routes in the immediate vicinity.
PARKS:
According to the Master Parks Plan, this location is not within eight blocks of a
city park or open space.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the John Barrow Neighborhood Action Plan. The
Business and Commercial Goal states: “To enhance the climate directed
towards encouraging new businesses and commercial establishments to located
in the area as well as retention of existing businesses.”
ANALYSIS:
This application is currently shown as Suburban Office on the Future Land Use
Plan. It was amended from Single Family to Suburban Office in 2003 to allow for
some non-residential uses to occur along Aldersgate Road. The Plan had tried
to keep he non-residential uses west of Aldersgate Road, but in 2003 the
Suburban Office was extended south to 18th Street. The expansion established
West 18th as a boundary between the non-residential and residential uses
located on the east side of Aldersgate Road. Staff supported a change to
Suburban Office because it would allow only allow re-zoning through the Planned
Zoning Districts, which would limit the impact of new office development in the
area.
January 17, 2008
ITEM NO.: 7 (Cont.) FILE NO.: LU08-11-01
3
The current applicant has requested a rezoning from R-2 and O-2 to O-3. Since
it is not an application for a Planned Development, a land use plan amendment
was required. The applicant has filed for an amendment from Suburban Office to
Office to allow for O-3 zoning. This application would place an intense use in the
area without the benefit of site plan review or the planned development. This
area is adjacent to residential uses on the east side and the only way to protect
these residences is through staff review of a Planned Development.
This is an area of revitalizing single family development. This amendment is
located in the Hicks Interurban Addition. This neighborhood has seen increased
building permit activity in the last five years. Fifty-four building permits have been
issued for single family homes in the Hicks Interurban Subdivision since 2004.
The trend of increasing building permits for single family housing east of
Aldersgate Road indicates that this neighborhood is growing and still a viable
single family residential area. This amendment would introduce a more intense
use that would be incompatible with the current trend of single family residential
development in the area.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: John Barrow,
Twin Lakes A and Twin Lakes B. Staff has received no comments from area
residents.
STAFF RECOMMENDATIONS:
Staff recommends this item be withdrawn from consideration at this time. Staff
feels that a more thorough study of the Aldersgate corridor needs to be done to
determine how the area is really developing and what the appropriate Land Use
designations should be in this vicinity. Because this rezoning application is a
small office development near residential, Staff can support this current rezoning
because it is small in size and thus meets the intent of the Suburban Office
category.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The item was placed on consent agenda for withdrawal. By a vote of 10 for,
0 against the consent agenda was approved.
January 17, 2008
ITEM NO.: 7.1 FILE NO.: Z-8300
Owner: APJ, Inc./Johnson-Hatchett
Applicant: Jennifer Hart
Location: 1615-1623 Aldersgate Road
Area: 0.643 Acre
Request: Rezone from R-2 and O-2 to O-3
Purpose: Future office development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Vacant residential structure and office/clinical uses;
zoned R-2 and O-3/OS
South – Office development; zoned O-2
East – Single family residences (including mobile homes);
zoned R-2 and R-7A
West – Office development (across Aldersgate Road); zoned POD
A. PUBLIC WORKS COMMENTS:
1. Aldersgate 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.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on CATA bus route. Bus Route #3 (Baptist Medical
Center Route) runs along Kanis Road to the north.
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 John Barrow, Twin Lakes,
Twin Lakes B and Twin Lakes B Improvement District Neighborhood
Associations were notified of the public hearing.
January 17, 2008
ITEM NO: 7.1 (Cont.) FILE NO.: Z-8300
2
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan
shows Suburban Office for this property. The applicant has applied for a
rezoning from O-2 to O-3 General Office District.
A Land Use Plan Amendment from Suburban Office to Office is a separate
item on this agenda.
Master Street Plan:
Aldersgate Road is shown as a Collector. The primary function of a
Collector Street is to provide a connection from Local Streets to Arterials.
This street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
There are no bike routes in the immediate vicinity.
Neighborhood Action Plan:
This area is covered under the John Barrow Neighborhood Action Plan.
The Business and Commercial Goal states: “To enhance the climate
directed towards encouraging new businesses and commercial
establishments to located in the area as well as retention of existing
businesses.”
E. STAFF ANALYSIS:
APJ, Inc./Johnson-Hatchett, owner of the 0.643 acre property (4 lots)
located at 1615-1623 Aldersgate Road, is requesting to rezone the
property from “R-2” Single Family District and “O-2” Office and Institutional
District to “O-3” General Office District. The rezoning is proposed for
future development of a small office building and associated parking.
The property is currently undeveloped. Some site work has taken place in
preparation of new building construction. The property slopes downward
slightly from side to side (south to north).
Office uses are located to the west across Aldersgate Road, with a new
office building immediately south, at the northeast corner of Aldersgate
Road and West 18th Street. A vacant residential structure is located
immediately north, with additional office uses further north. Single family
structures, including three (3) older mobile homes are located to the east.
January 17, 2008
ITEM NO: 7.1 (Cont.) FILE NO.: Z-8300
3
The City’s Future Land Use Plan designates this property as Suburban
Office. A Land Use Plan Amendment from Suburban Office to Office is a
separate item on this agenda.
Staff is supportive of the requested rezoning to O-3. Staff views the
request as reasonable. Staff is recommending that the Future Land Use
Plan remain Suburban Office with the rezoning to O-3. Although Staff
would typically not support O-3 zoning within the Suburban Office area,
Staff believes it is appropriate in this case. The property in question
represents a little over one-half acre, which will allow a small office
development. A small office development at this location, adhering to the
O-3 development standards, will be compatible with the surrounding office
uses to the north, south and west. The property immediately to the east,
along the west side of Perry Street, is also shown as Suburban Office on
the Future Land Use Plan. Additionally, there is existing O-3 zoning to the
north along the east side of Aldersgate Road. Staff believes O-3 zoning at
this location will have no adverse impact on the adjacent property or
general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 8 FILE NO.: LU08-20-01
Name: Land Use Plan Amendment - Pinnacle Planning District
Location: The present terminus of Valley Ranch Drive
Request: Single Family to Office
Source: Mr. Ed Willis, FC Grass Farms Partnership
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Pinnacle Planning District from Single Family
to Office. Office represents services provided directly to consumers as well as
general offices that support more basic economic activities. The applicant has
applied for a rezoning from R-2 to O-3 General Office District.
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 Single Family and is 3.8 acres ± in size. The
R-2 Single Family District extends both north and west of this amendment area
and is largely undeveloped and wooded. Immediately south of the amendment
area is zoned O-3 General Office District and has a medical office and vacant
land. East of this area is zoned Planned Development Residential for a multi
family development. Further south, along Cantrell, is zoned for six different
Planned Commercial Developments for a liquor store, an auto shop, and a few
offices. Some of the frontage on Cantrell is still zoned R-2 Single Family and is
occupied by single family residences.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
This area is shown as Single Family on the Future Land Use Plan. The Single
Family extends north, west and east of this application site. As Valley Ranch
Drive heads south, the plan changes from Single Family to Office and then to
Business Node along Cantrell. The northwest corner of Patrick Country Road
and Cantrell Road is shown as Public Institutional. The northwest corner of
Valley Ranch and Cantrell is shown as Suburban Office. Business Node is
shown on the plan along Cantrell Road between Valley Ranch Road and Patrick
Country Road.
January 17, 2008
ITEM NO.: 8 (Cont.) FILE NO.: LU08-20-01
2
MASTER STREET PLAN:
Valley Ranch Drive is shown as a Local Street on the Plan. 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. This street may require dedication of right-of-
way and may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class II bikeway is shown along Cantrell Road according to the Master Street
Plan bicycle section. A Class II bikeway is located on the street as either a 5’
shoulder or six foot marked bike lane. Additional paving and right of way may be
required.
PARKS:
According to the Master Parks Plan, this area is not located within eight blocks of
a city park or open space.
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 not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
This application is proposing to amend 3.8 acres of Single Family currently
shown on the Future Land Use Plan to Office. This amendment would basically
extend the existing Office further north approximately 150 feet. The application is
located in west Little Rock at the present terminus of Valley Ranch Drive. Over
the last few years, Valley Ranch Drive has been developing into an office park.
This application can be seen as an extension of the previously approved
rezoning for the other O-3 in the area.
In the past four years there have been sixteen permits issued for new Office
buildings in this census tract. Of these sixteen permits, two were located on
January 17, 2008
ITEM NO.: 8 (Cont.) FILE NO.: LU08-20-01
3
Valley Ranch Drive. While there does seem to be a large amount of Office
already shown in this area, these numbers show a demand for more Office uses
in the census tract and general vicinity.
North of this application area will remain Single Family on the Future Land Use
Plan, and this raises some concerns for staff. Staff feels this amendment would
only be appropriate if the applicant designates a 50’ segment of Park/Open
Space to provide a buffer between the Office and Single Family. The land
immediately north of this application site is still zoned R-2 single family and
shown as Single Family on the Future Land Use Plan. A Park/Open Space strip
would protect future Single Family developments while still allowing for more
office in the immediate future.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Aberdeen Court
POA and Maywood Manor. Staff has received no comments from area
residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate as long as a PK/OS strip is added along
the southern side of Valley Ranch Road as a boundary and buffer.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The item was placed on consent agenda for deferral to February 28, 2008. By a
vote of 10 for, 0 against the consent agenda was approved.
January 17, 2008
ITEM NO.: 8.1 FILE NO.: Z-8301
Owner: FC Grass Farms Partnership
Applicant: Ed Willis, Financial Centre Corporation
Location: 7101 Valley Ranch Drive
Area: 3.88 Acres
Request: Rezone from R-2 to O-3
Purpose: Future office development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2
South – Undeveloped property; zoned O-3
East – Undeveloped property (across Patrick Country Road);
zoned PD-R
West – Single family/ranch type use (across Valley Ranch Drive);
zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Valley Ranch Drive for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
2. Patrick Country 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.
3. A 20-foot radial dedication of right-of-way is required at the intersection
of Valley Ranch Drive and Patrick Country Road.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
January 17, 2008
ITEM NO: 8.1 (Cont.) FILE NO.: Z-8301
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 Aberdeen Court and
Maywood Manor Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Pinnacle Planning District. The Land Use
Plan shows Single Family for this property. The applicant has applied for
a rezoning from R-2 to O-3 General Office District.
A Land Use Plan Amendment from Single Family to Office is a separate
item on this agenda.
Master Street Plan:
Valley Ranch Drive is shown as a Local Street on the Plan. 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. This street may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan:
A Class II bikeway is shown along Cantrell Road according to the Master
Street Plan bicycle section. A Class II bikeway is located on the street as
either a 5-foot shoulder or six foot marked bike lane. Additional paving
and right-of-way may be required.
Neighborhood Action Plan:
This area is not currently covered by a neighborhood action plan.
E. STAFF ANALYSIS:
FC Grass Farms Partnership, owner of the 3.88 Acre property located
along the south side of Valley Ranch Drive, north of Cantrell Road, is
requesting to rezone the property from “R-2” Single Family District to “O-3”
General Office District. The rezoning is proposed to incorporate the
property into the existing O-3 zoned property immediately to the south for
future office development.
January 17, 2008
ITEM NO: 8.1 (Cont.) FILE NO.: Z-8301
3
The property is currently undeveloped and wooded, with varying degrees
of slope. Valley Ranch Drive currently ends near the southwest corner of
the property. In the future Valley Ranch Drive will be extended along this
property’s north boundary, and connect into Patrick Country Road.
The property to the north and east (across Patrick Country Road) is
currently undeveloped and zoned R-2. The property immediately to the
south is zoned O-3. Undeveloped R-2 zoned property and a single
family/ranch-type use are located to the west, across Valley Ranch Drive.
A school development is located further west, with undeveloped O-1
zoned property to the southwest, along the west side of Valley Ranch
Drive.
The City’s Future Land Use Plan designates this property as Single
Family. The applicant has filed a Land Use Plan Amendment for a change
to Office which is a separate item on this agenda.
Staff is supportive of the requested O-3 zoning. Staff feels that is
reasonable to zone this 3.881 acres to O-3 to be incorporated into the
existing O-3 zoned property immediately to the south for future office
development. However, given the fact that there will be future single
family residences located to the north across the future expansion of
Valley Ranch Drive, staff believes that a 50-foot wide OS buffer and no
vehicular access easement (outside the Valley Ranch Drive right-of-way)
will be appropriate along the north boundary of the property. There is an
active single family preliminary plat (Ranch Highlands) which shows single
family lots across Valley Ranch Drive to the north, fronting the street. The
OS zoned buffer/no vehicular access easement should run for
approximately 1,050 linear feet, beginning at the northeast corner of the
property (Patrick Country Road) and running west to near the southwest
corner of the property. Staff believes that this will help screen and buffer
the future single family residences from the future office development.
With the OS area provided, staff feels that the requested O-3 zoning will
have no adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 zoning, subject to a 50
foot wide OS buffer/no vehicular access easement being provided along
the north property line, outside the right-of-way for Valley Ranch Drive.
The OS strip should run from Patrick Country Road to the west
approximately 1,050 linear feet.
January 17, 2008
ITEM NO: 8.1 (Cont.) FILE NO.: Z-8301
4
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
January 16, 2008 requesting the application be deferred to the February 28,
2008 Agenda. Staff supported the deferral request.
With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their
bylaws and accept the request for deferral being less than five (5) working days
prior to the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 9 FILE NO.: Z-8304
Owner: Nealon and Susan Pomtree
Applicant: Stephen R. Giles
Location: 14824 Crystal Valley Road
Area: 31.5 Acres
Request: Rezone from R-2 to AF
Purpose: Commercial stable
Existing Use: Single family residence
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2
South – Single family residences on large lots (across Crystal Valley
Road); zoned R-2
East – Single family development; zoned R-2
West – Single family residences on large lots; zoned R-2
STAFF UPDATE:
On December 26, 2007, the applicant requested the application be deferred to
the February 28, 2008 agenda. Staff supports the deferral request.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
Staff informed the Commission that on December 26, 2007 the applicant
requested the application be deferred to the February 28, 2008 Agenda. Staff
supported the deferral request.
The chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
January 17, 2008
ITEM NO.: 9.1 FILE NO.: Z-8304-A
NAME: Pomtree Commercial Stable – Conditional Use Permit
LOCATION: 14824 Crystal Valley Road
OWNER/APPLICANT: Nealon Pomtree/Stephen Giles
PROPOSAL: A conditional use permit is requested to allow a
commercial stable on this 31.5 acre tract. A request
to rezone the tract from R-2 Single Family to AF
Agriculture and Forestry is a separate item on this
agenda. (Z-8304)
STAFF REPORT:
On December 26, 2007, the applicant requested that this item be deferred to the
February 28, 2008 Planning Commission agenda. Staff supports the deferral
request.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that, on December 26, 2007, the applicant had requested the
item be deferred to the February 28, 2008 meeting. There was no further
discussion. The item was placed on the consent agenda and deferred to the
February 28, 2008 meeting. The vote was 10 ayes, 0 noes and 1 absent.
January 17, 2008
ITEM NO.: 10 FILE NO.: Z-6957-H
NAME: 5100 Talley Road Office, Showroom/Warehouse
– Conditional Use Permit
LOCATION: 5100 Talley Road
OWNER/APPLICANT: Boen Enterprises/McGetrick and McGetrick
PROPOSAL: A conditional use permit is requested to add office,
showroom/warehouse as a permitted use to the
building planned for construction on this O-3 zoned
lot.
1. SITE LOCATION:
The site is located on the west side of Talley Road, one lot north of
Remington Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area that is developing with new commercial,
office and light industrial uses. The properties immediately adjacent to
the site are undeveloped and zoned O-3 and C-3. Undeveloped R-2
and I-1 tracts are located to the east. The proposal to add office,
showroom/warehouse as a permitted use to this proposed O-3 zoned
building is compatible with zoning 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
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The building is proposed to contain 9,780 square feet. If it were used
entirely for general and professional office uses, 24 parking spaces would
be required. If portions are occupied by office, showroom/warehouse
uses, the parking requirement is reduced.
The applicant is proposing 51 on-site parking spaces, taking access to the
site from an access easement on the north and a shared parking-access
easement on the south. The parking is sufficient for the use.
January 17, 2008
ITEM NO.: 10 (Cont.) FILE NO.: Z-6957-H
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
Two (2) additional islands are needed in the parking areas reflecting
fifteen (15) concurrent spaces.
An automatic irrigation system to water newly landscaped areas will be
required.
Otherwise, the site appears to comply with the City’s minimal landscape
and buffer ordinance requirements by having the required green space
allocated to plantings.
Prior to the issuance of a building permit a landscape plan must be
submitted and approved.
5. PUBLIC WORKS COMMENTS:
1. No backing out into vehicle access easements.
2. At the time of construction, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
3. Storm water detention ordinance applies to this property.
4. If a future driveway is planned to take access to the property to the
south directly across the access easement from the current site’s south
driveway, in accordance with 31-210(h)(12), access driveways running
parallel to the street shall not create a four-way intersection within 75
feet of the curb line of the street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
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. Contact Central Arkansas
Water regarding the size and location of the water meter. A Capital
Investment Charge based on the size of connection(s) will apply to this
January 17, 2008
ITEM NO.: 10 (Cont.) FILE NO.: Z-6957-H
3
project in addition to normal charges, if connections are made to the
12-inch main in Talley Road. This fee will apply to all connections
including metered connections off the private fire system. Additional
fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of
the hydrant(s) and contact Central Arkansas Water regarding
procedures for installation of the hydrant(s).
Fire Department: Fire hydrants will be required.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
Pat McGetrick was present representing the application. Staff presented the item
and noted little additional information was needed on this use issue. Public
Works and Landscape Comments were discussed. Staff noted additional interior
landscape islands were needed. Staff voiced concern about vehicles backing out
into what was labeled a vehicle access easement. Mr. McGetrick responded that
the easement was only a shared driveway between this lot and the lot to the
south. He was advised to modify the site plan so that it would be clear that the
access easement did not serve any additional lots. Mr. McGetrick was also
advised that a four-way driveway intersection could not be created within 75 feet
of the curb of Talley Road.
Mr. McGetrick was advised to respond to staff issues by January 2, 2008. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant proposes to construct a 9,780 square foot, one-story building on
the O-3 zoned lot located at 5100 Talley Road. Fifty-one (51) parking spaces will
be located around the building. The site will have a driveway shared with the lot
to the south. Additional access is from an access easement driveway on the
north. The applicant is requesting approval of a conditional use permit to allow
office, showroom/warehouse as a permitted use for the building. No specific
tenants are proposed at this time. Allowing the use will provide additional
opportunity for occupancy of the building.
January 17, 2008
ITEM NO.: 10 (Cont.) FILE NO.: Z-6957-H
4
Office, showroom and warehouse means a facility for mixed use
with the following characteristics:
(1) A showroom for display of product line which does not
include items for user purchase, except within C-3 general
commercial district.
(2) A storage or warehouse facility which occupies not more
than sixty (60) percent of the gross floor area of the
structure(s).
(3) The principal office of the business;
(4) Sales to contractors or other businesses installing or
delivering to consumer and user.
The applicant submitted a revised plan in response to Subdivision Committee
comments. Building height, setbacks, buffers and landscaping all appear to
comply with Ordinance Standards for an O-3 development.
The access easement on the south side has been modified to clearly indicate
that it is only shared with the lot to the south. Since it is not a service drive
providing access to multiple lots; the proposed parking is allowable as shown.
There is no bill of assurance as yet for this unplatted lot. To staff’s knowledge,
there are no outstanding issues. The proposed use is compatible with uses and
zoning in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. to allow office,
showroom/warehouse subject to compliance with the comments and conditions
outlined in Sections 4, 5 and 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to send the required notices and
the item needed to be deferred. There was no further discussion. The item was
placed on the consent agenda and deferred to the February 28, 2008 meeting.
The vote was 10 ayes, 0 noes and 1 absent.
January 17, 2008
ITEM NO.: 11 FILE NO.: Z-6957-I
NAME: 5200 Talley Road Office, Showroom/Warehouse
– Conditional Use Permit
LOCATION: 5200 Talley Road
OWNER/APPLICANT: Boen Enterprises/McGetrick and McGetrick
PROPOSAL: A conditional use permit is requested to allow the
addition of office, showroom/warehouse as a
permitted use to the building planned for construction
on this O-3 zoned lot.
1. SITE LOCATION:
The property is located at the southwest corner of Talley Road and
Remington Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area that is developing with new commercial,
office and light industrial uses. The properties immediately adjacent to
the tract are zoned O-3. Undeveloped R-2 and I-1 zoned tracts are
located to the east. A 35-foot wide Open Space zoned strip is located
along the south perimeter of this tract, providing a buffer to the single
family located across Talley road to the south. The proposal to add
office, showroom/warehouse as a permitted use to this proposed O-3
zoned building is compatible with zoning and 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
Neighborhood Associations were notified.
3. ON SITE DRIVES AND PARKING:
The building is proposed to contain 14,400 square feet. If it were used
entirely for general and professional office uses, 36 parking spaces would
be required. If portions are occupied by office, showroom/warehouse
uses, the parking requirement is reduced.
The applicant is proposing 49 on-site parking spaces, taking access off of
Remington Drive and Talley Road. The parking is sufficient for the use.
January 17, 2008
ITEM NO.: 11 (Cont.) FILE NO.: Z-6957-I
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
Additional interior islands are needed in two (2) areas. These islands are
to be a minimum of one hundred and fifty (150) square foot in area and
seven and one-half (7’6”) foot wide in width to satisfy this minimal
landscaping requirement.
The zoning street buffer ordinance requires an average seventeen foot
(17’) wide landscape strip. Currently, the proposed parking lot encroaches
into this minimal area and thus some parking spaces will need to be
eliminated to meet this minimal requirement.
The thirty-five foot (35’) wide open space buffer needs to be labeled
undisturbed.
An automatic irrigation system to water newly landscape areas will be
required.
Otherwise, the site appears to comply with the City’s minimal landscape
and buffer ordinance requirements by having the required green space
allocated to plantings.
Prior to the issuance of a building permit a landscape plan must be
submitted and approved.
5. PUBLIC WORKS COMMENTS:
1. At time of construction if sidewalks do not exist, sidewalks with
appropriate handicap ramps are required in accordance with Sec.
31-175 of the Little Rock Code and the Master Street Plan.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No comment received.
January 17, 2008
ITEM NO.: 11 (Cont.) FILE NO.: Z-6957-I
3
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. Contact Central Arkansas
Water regarding the size and location of the water meter. A Capital
Investment Charge based on the size of connection(s) will apply to
this project in addition to normal charges, if connections are made
to the 12-inch main in Talley Road. This fee will apply to all
connections including metered connections off the private fire system.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of
the hydrant(s) and contact Central Arkansas Water regarding
procedures for installation of the hydrant(s).
Fire Department: Fire hydrants will be required.
County Planning: No Comments.
CATA: This site is not located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2007)
Pat McGetrick was present representing the application. Staff presented the item
and noted little additional information was needed. Staff commented that the 35
foot wide Open Space zoned buffer on the south perimeter of the lot needs to
remain undisturbed.
Public Works and Landscape Comments were discussed. It was noted that
additional interior landscape islands were needed and the street perimeter
landscape strip was less than Ordinance requirement. Mr. McGetrick stated he
would make those corrections. He was advised to submit responses to staff by
January 2, 2008.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The applicant proposes to construct a 14,400 square foot, one-story building on
the O-3 zoned lot located at 5200 Talley Road. Forty-nine (49) parking spaces
will be located in front of and behind the building.
The applicant is requesting approval of a conditional use permit to allow office,
showroom/warehouse as a permitted use of the building. No specific tenants are
January 17, 2008
ITEM NO.: 11 (Cont.) FILE NO.: Z-6957-I
4
proposed at this time. Allowing the use will provide additional opportunity for
occupancy of the building.
Office, showroom and warehouse means a facility for mixed use
with the following characteristics:
(1) A showroom for display of product line which does not
include items for user purchase, except within C-3 general
commercial district.
(2) A storage or warehouse facility which occupies not more
than sixty (60) percent of the gross floor area of the
structure(s).
(3) The principal office of the business;
(4) Sales to contractors or other businesses installing or
delivering to consumer and user.
The applicant submitted a revised site plan in response to Subdivision
Committee comments. Building height, setbacks, buffers and landscaping all
appear to comply with Ordinance Standards for an O-3 development. The thirty-
five (35) foot wide Open Space zoned strip along the south perimeter has been
clearly labeled as undisturbed.
There is no bill of assurance as yet for this unplatted lot. To staff’s knowledge,
there are no outstanding issues. The proposed use is compatible with uses and
zoning in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. to allow office, showroom
and or warehouse subject to compliance with the comments and conditions
outlined in Sections 4, 5 and 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to send the required notices and
the item needed to be deferred. There was no further discussion. The item was
placed on the consent agenda and deferred to the February 28, 2008 meeting.
The vote was 10 ayes, 0 noes and 1 absent.
January 17, 2008
ITEM NO.: 12 FILE NO.: Z-8298
NAME: Team Clean Car Wash – Conditional Use Permit
LOCATION: 4220 South University Avenue
OWNER/APPLICANT: Van D’Lay Industries/Brad Vaden
PROPOSAL: A conditional use permit is requested to allow for
construction of a new, automatic car wash on this C-3
zoned tract.
1. SITE LOCATION:
The site is located on the west side of S. University Avenue, south of
Colonel Glenn Road (old K-Mart Auto Service Center site).
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the Asher Avenue/University
Avenue/Colonel Glenn Road commercial node. All surrounding properties
are zoned C-3 and contain a variety of commercial uses. The proposal is
to redevelop the site with a new car wash facility. The new facility will be
landscaped in excess of code requirements. The proposed car wash is
compatible with uses in the area and the new development will be an
improvement over the existing site development, which should be of
benefit to the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified, the University District representative
and the Curran-Conway Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
Access to the site will be via a single entry drive off of an access
easement service drive. Egress will be via one of three drives onto
service drives. There are no driveways directly onto the public street.
Five employee parking spaces are located on site. Parking is also located
at the vacuum islands. No additional parking is required.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements. The plan appears to meet with the City’s landscape and
January 17, 2008
ITEM NO.: 12 (Cont.) FILE NO.: Z-8298
2
buffer requirements. An automatic irrigation system to water newly
landscaped areas will be required.
5. PUBLIC WORKS COMMENTS:
1. Move east exit drive on the south side of the property to the east to
align with the vacuum area. The current configuration is confusing to
drivers.
2. Storm water detention ordinance applies to this property.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required with easements.
Entergy: No comment received.
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. Contact Central Arkansas
Water regarding the size and location of the water meter. A Capital
Investment Charge based on the size of meter(s) in addition to normal
charges. Additional fire hydrant(s) may be required. Contact the Little
Rock Fire Department to obtain information regarding the required
placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s).
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
The applicants were present. Staff presented the item and asked the applicants
to indicate gates and fencing on the site plan. The applicants were advised to
indicate any proposed covering for the vacuum islands and to provide a signage
plan.
January 17, 2008
ITEM NO.: 12 (Cont.) FILE NO.: Z-8298
3
Public Works and Landscape Comments were discussed. The applicants were
advised to relocate the eastern drive on the south side of the site more to the
east to align with the vacuum area. The applicants responded that they preferred
some off-set in the driveway to reduce the possibility of persons utilizing the
vacuums without having gone through the car wash. They were advised to meet
with the City’s Traffic Engineer.
The Committee determined there were no other issues. The applicants were
advised to respond to staff issues by January 2, 2008. The Committee
forwarded the item to the full Commission.
STAFF ANALYSIS:
The C-3 zoned lot located at 4220 S. University Avenue is occupied by the
vacant, K-Mart Auto Service building and a paved parking lot. The lot is located
within a commercial subdivision and is surrounded by access easements/service
driveways. The applicants are requesting approval of a conditional use permit to
allow for construction of a new car wash facility on the site.
The automatic car wash will be located within a 37 feet X 124 feet building. After
entering the site at the single entrance on the south side of the lot, customers
pay out the pay station (touch screen terminal accepting cash or credit cards).
Customers remain in the vehicle as it is pulled through the car wash on a
conveyor belt. All washing, waxing, etc…is completed by the equipment in the
car wash. The company’s employees do not touch the car, however there are at
least two employees on the site at all times. Once the vehicles exits the car
wash tunnel, customers have the option of vacuuming their vehicle at one of
twenty (ten,
two-sided), canopy covered vacuum islands. Customers must do the vacuuming
themselves, but there is no additional cost. Hours of operation are 8:00 a.m. to
8:00 p.m., Monday through Saturday during daylight savings time and 8:00 a.m.
to 7:00 p.m., Monday through Saturday the remainder of the year. When the car
wash is closed, the tunnel will be locked with garage doors on both ends and
there will be gates and chains at the driveways to prevent entry onto the lot.
The one-story car wash building will have an exterior finish of brick and block
with an 8/12 pitched, colored metal roof. The east façade facing University
Avenue will have windows for much of its length of the structure. Canopies will
be erected over the vacuum islands and over the pay station. Signage will
consist of a single ground-mounted sign to comply with the ordinance standards
for commercial districts (36-foot tall, 160 square feet in area) and a six foot
diameter wall sign on each façade of the building. A variance is necessary to
allow wall signs on the north, west and south facades since those do not face
directly to a street. Those facades do, however, face the service and access
January 17, 2008
ITEM NO.: 12 (Cont.) FILE NO.: Z-8298
4
drives of the commercial subdivision and the area of signage is much less than
that typically allowed in commercial zones.
Staff is supportive of the requested Conditional Use Permit. The property has
been used for automobile service related uses for many years. The site as it
currently exists has virtually no landscaping. It is covered with either building or
pavement. The applicants have submitted a plan with substantial areas of
landscaping. Staff views the proposed redevelopment of the site as a positive
occurrence for the area. The site lies within the University Study Area, which has
a goal of redevelopment of the larger area around the University-Asher-Colonel
Glenn intersection.
The applicant did submit a revised plan in response to issues raised at
Subdivision Committee. The eastern driveway on the south perimeter has been
moved eastward to eliminate potential turning conflicts. There is no bill of
assurance conflict. To staff’s knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit subject to
compliance with the following conditions:
1. Compliance with the Comments and Conditions outlined in Sections 4, 5 and
6 of the agenda staff report.
2. Any site lighting is to be shielded downward and into the site.
Staff recommends approval of the requested variance to allow the proposed wall
signs on the north, south and west facades of the tunnel building.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, subject to compliance with the
conditions outlines in the “staff recommendation” above. Staff also recommended
approval of a variance to allow wall signs on the north, south and west facades of
the tunnel building. 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.
January 17, 2008
ITEM NO.: 13 FILE NO.: Z-8299
NAME: Taylor Accessory Dwelling – Conditional Use Permit
LOCATION: 15706 Taylor Loop Road
OWNER/APPLICANT: Steve Taylor/Rick Breshears
PROPOSAL: A conditional use permit is requested to allow for
construction of an accessory dwelling (pool/guest
house) on this R-2 zoned tract.
1. SITE LOCATION:
The property is located on the north side of Taylor Loop Road, east of
Carter Lane.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is principally single family in zoning
and use. All surrounding properties are occupied by single-family
residences. The homes in the area range in a variety of sizes and ages.
A Montessori School is located across Taylor Loop Road to the south.
The applicant’s property contains 1.25 Acres and the proposed accessory
dwelling (pool/guest house) is to be located behind the house. Allowing
the proposed use should have no impact on surrounding properties.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Westchester-Heatherbrae
Neighborhood Associations were notified of the request.
3. ON SITE DRIVES AND PARKING:
The single-family residence and proposed accessory dwelling each
require one on-site parking space. There is parking space on the site,
utilizing existing driveways, for multiple vehicles.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
January 17, 2008
ITEM NO.: 13 (Cont.) FILE NO.: Z-8299
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
The applicant was present. Staff presented the item and noted little additional
information was needed. Staff asked the applicant to provide information on
building design and whether separate utilities were requested. The applicant
responded that the accessory structure would be one-story in height with a brick-
exterior to match the house. He stated the structure would have a 7/12 pitch,
shingled roof and separate utilities were not requested.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-2 zoned, 1.25 acre tract located at 15706 Taylor Loop Road is occupied
by a single family residence. The house is located 350+ feet off of the road.
The applicants are requesting approval of a conditional use permit to allow for
construction of an accessory dwelling behind the house.
The proposed accessory dwelling will serve as a pool house and as a guest
house when friends and family come to visit. It will not be rented out as a
separate dwelling. The structure will be one-story in height and will be built of
January 17, 2008
ITEM NO.: 13 (Cont.) FILE NO.: Z-8299
3
brick to closely match the existing house. It will have a 7/12 pitched roof with
architectural shingles. No separate utilities are requested.
The accessory building will contain a total of 810 square feet. 660 square feet
will be occupied by the accessory dwelling and 150 square feet will be used for
storage. A 6-foot deep porch will be placed on the front of the structure. The
structure will contain one bath, one bedroom and a combined living-kitchen area.
Placement of the structure exceeds all required setbacks. The area of the
structure is well below that of the residence.
Staff is supportive of the requested Conditional Use Permit. The property is large
enough to accommodate the proposed pool house/guest house without
impacting any adjacent properties. The structure will serve as a changing room
and entertainment area in association with the pool and as a guest house for
visiting friends and family. There is no bill of assurance covering this acreage
tract. To staff’s knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit to allow the
accessory dwelling subject to the dwelling not being rented out as a separate
dwelling (as proposed by the applicant).
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
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.
January 17, 2008
ITEM NO.: 14 FILE NO.: Z-8302
NAME: Unity Missionary Baptist Church –
Conditional Use Permit
LOCATION: 2720 Marshall Street and 1619 West 28th Street
OWNER/APPLICANT: Unity Missionary Baptist Church/Detrick Foster
PROPOSAL: A conditional use permit is requested to allow for
construction of a new church building and parking lot
on these R-4 zoned lots.
1. SITE LOCATION:
The properties are located at the northwest and southeast corners of the
intersection of Marshall Street and West 28th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church has been at this site for some time. The surrounding
neighborhood is principally single family and two-family residential in
zoning and use. The homes range in condition from very poor and
boarded to well kept. Other uses in the general area include other
neighborhood churches and a Little Rock Housing Authority development.
The church now has no real on site parking. Allowing the construction of
the new church building, with the addition of some needed off street
parking, should only enhance the church’s compatibility with the
neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the MLK and South End
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The church currently has no real on-site parking. The proposed new
building will have a seating capacity in the main worship area of 120,
requiring 30 on-site parking spaces. Under the current proposal, 17
parking spaces will provided on site and in a new parking lot across the
intersection from the church building. Many of the church’s congregants
are neighborhood residents and some likely walk to the facility. There is
ample on-street parking available around the church property.
January 17, 2008
ITEM NO.: 14 (Cont.) FILE NO.: Z-8302
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
Zero building landscaping is being proposed. This landscaping is to be
located between the building and the parking lot(s) areas. A variance from
this minimal city requirement must be obtained from the City Beautiful
Commission prior to the issuance of a building permit.
The zoning buffer ordinance requires a minimal six foot nine inch wide
(6’-9”) land use buffer between all the areas located next to residentially
zoned properties. Seventy percent (70%) of this buffer is to remain
completely undisturbed. This includes the clearing or grubbing of any/all
underbrush. Currently, this project isn’t meeting this minimal amount
anywhere on the project.
The zoning buffer ordinance requires a minimal six foot nine inch wide
(6’-9”) wide street buffer. Currently, neither site is meeting this minimal city
requirement.
The landscape ordinance requires a six foot nine inch wide (6’-9”)
landscape strip around both sites entirety. A variance from this minimal
requirement must be obtained from the City Beautiful Commission prior to
the issuance of a building permit.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the areas located next to residentially zoned properties. Credit towards
fulfilling this requirement can be given for existing trees and undergrowth
that satisfies this year-around requirement.
Street trees are recommended.
The City Beautiful Commission recommends preserving as many existing
trees as feasible. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS COMMENTS:
1. A 20 foot radial dedication of right-of-way is required at the SE corner
of the intersection of 28th and Marshall Streets.
January 17, 2008
ITEM NO.: 14 (Cont.) FILE NO.: Z-8302
3
2. A 20 foot radial dedication of right-of-way is required at the NW corner
of the intersection of 28th and Marshall Streets.
3. At the time of construction, sidewalks with appropriate handicap ramps
are required at both sites in accordance with Sec. 31-175 of the Little
Rock Code and the Master Street Plan. Sidewalk should extend to the
property line. The sidewalk does not extend to the property line on the
SW corner of the proposed church building.
4. At the time of construction, close old curb cuts with curb and gutter.
5. At the time of construction, pave alley to a width of 20 ft for the length
of the property.
6. At the time of construction, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
7. At the time of construction, plans of all work in right-of-way shall be
submitted for approval prior to start of work. Obtain barricade permit
prior to doing any work in the right-of-way from Traffic Engineering at
(501) 379-1805 (Travis Herbner).
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
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. Contact Central Arkansas
Water regarding the size and location of the water meter.
Fire Department: Approved as submitted.
County Planning: No comments.
CATA: The site is not located on a CATA bus route. A route extends
along Martin Luther King on the east and Battery on the west.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2008)
The applicants were present. Staff presented the item and noted additional
information was needed including building materials, setbacks, signage, fencing
January 17, 2008
ITEM NO.: 14 (Cont.) FILE NO.: Z-8302
4
and site lighting. Staff asked the applicant to provide the number of seats in the
worship area and typical days and hours of operation. Staff asked if any other
uses were proposed such as day care or private school. It was noted that a
parking variance would be needed since all required parking was not being
provided on-site.
Public Works and Landscape Comments were discussed. It was noted that City
Beautiful Commission approval would be needed for the reduced perimeter
landscape strips.
The Committee noted the project was an in-fill development and it would be
appropriate to support some variances from the typical ordinance standards.
The applicants were advised to respond to staff issues by January 2, 2008. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Unity Missionary Baptist Church is located on the R-4 zoned property at 1619
West 28th Street. The church occupies two lots at the southeast corner of West
28th and Marshall Streets. The small church building occupies the east half of
the property. A residential structure previously occupied the west half. The
church itself appears to be a residential structure that was converted into a
church some years ago. The church is requesting approval of a conditional use
permit to allow for construction of a new church building and parking on the site.
A smaller parking lot is also proposed across the intersection on a lot at the
northwest corner of 28th and Marshall.
The proposed building will be a pre-engineered metal building with metal siding
and roof system and will include some masonry or applied veneer. The roof
system will have a single ridge pitched roof. The maximum height of the side
walls will be 12’0” and maximum ridge height of 18 feet to 20 feet. The
foundation will be concrete on grade. The building has been located on the site
to comply with zoning setback requirements. The required zoning buffer and
perimeter and building landscape strips are provided for the building site. Nine
parking spaces will be located east and south of the building, taking access off of
an improved alley.
The lot at the northwest corner of the intersection is in reality only a portion of a
lot. The property was developed many years ago so that only a 50 feet x 100
feet portion of the lot remains. The church proposes to build an 8-space parking
lot on the site. A one-way entrance will be located on Marshall and a one-way
exit will be located on 28th Street. The Landscape and Buffer Ordinances require
perimeter strips of 6.75 feet. Landscape strips of 3 to 4 feet are proposed. A
6-foot tall wood privacy fence is proposed on the north and west perimeters of
January 17, 2008
ITEM NO.: 14 (Cont.) FILE NO.: Z-8302
5
the parking lot. The applicant is aware that City Beautiful Commission approval
is needed for the reduced landscape areas. Staff is supportive of allowing the
reduced buffer strips. Some accommodation should be granted when an in-fill
redevelopment is proposed in an area that needs new development.
Signage is proposed to consist of one ground-mounted sign as permitted in office
and institutional zones (6 feet in height and 64 square feet in area) and possible
wall signage on the north and west facades of the building. No additional site
lighting is proposed except wall-mounted downlighting. No additional uses such
as day care, mother’s day out or private school are proposed. Typical days and
hours of activities are proposed as Sunday mornings and evenings, Wednesday
6:00 p.m. to 8:00 p.m. and Saturday 4:00 p.m. to 5:00 p.m. Special activities will
likely occur on other days and hours.
Staff is supportive of the proposed redevelopment. This small (5,100 square
feet, 120 seat) church is compatible with uses in the area and should continue to
be a stabilizing influence on the neighborhood. The applicant submitted
responses to Subdivision Committee comments as reflected above. The 1890
Bill of Assurance for this addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit subject to
compliance with the following conditions:
1. Compliance with the Comments and Conditions outlined in Sections 4, 5 and
6 of the agenda Staff Report.
2. Any site lighting is to be shielded downward and into the site.
Staff recommends approval of the requested variances to allow a reduction in
on-site parking and to allow the reduced buffer strips for the parking lot at the
northwest corner of 28th and Marshall Streets. The reduced landscape areas will
require City Beautiful Commission approval as well.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
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. Staff also recommended
approval of the parking and buffer variances. There was no further discussion.
The item was placed on the consent agenda and approved as recommended
by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 recusal (Laha).
January 17, 2008
ITEM NO.: 15 FILE NO.: Z-8303
NAME: Kingdom Hall of Jehovah’s Witnesses –
Conditional Use Permit
LOCATION: 9812 Colonel Glenn Road
OWNER/APPLICANT: Toll Corp./Mike Oyler
PROPOSAL: A conditional use permit is requested to allow for
construction of a new church and parking lot on this
vacant R-2 zoned property.
1. SITE LOCATION:
The site is located on the north side of Colonel Glenn Road, at Brodie
Creek.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of transition between the single family West
Heights Place Community and the industrial and commercial development
extending west to I-430. A scattering of single family homes is located
adjacent to the east. Undeveloped I-2 and R-2 properties are adjacent to
the west and north respectively. A PDC zoned contractor’s office is
across Colonel Glenn to the south. The creek floodway forms the west
boundary. The proposed use is compatible with uses and development in
the area and provides a good transition between the residential and
nonresidential uses.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the John Barrow, West Heights
Place and Tall Timber Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The main worship area is proposed to have a seating capacity of
165 persons, requiring 41 on-site parking spaces. The applicants have
proposed an 88 space parking lot with a single driveway off of Colonel
Glenn Road. The exact point the driveway intersects the street will be
determined once an engineer has certified sight distance.
January 17, 2008
ITEM NO.: 15 (Cont.) FILE NO.: Z-8303
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
A small amount of building landscaping is required.
The landscape ordinance requires that eight percent (8%) of the interior of
the parking lot be allocated for green space or interior islands. These
islands are to be a minimum of one hundred and fifty (150) square foot in
area and seven and one-half (7’6”) foot wide in width to satisfy this
minimal landscaping requirement. Currently, the site plan reflects zero.
An automatic irrigation system to water newly landscaped areas will be
required.
Prior to the issuance of a building permit, a landscape plan with the seal of
a Registered Landscape Architect must be submitted for approval.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving trees
of six (6) inch caliper or larger.
5. PUBLIC WORKS COMMENTS:
1. Colonel Glenn Rd is classified on the Master Street Plan as a
principal arterial. Dedication of right-of-way to 55 feet from centerline
will be required.
2. At the time of site development, provide design of street conforming
to the Master Street Plan. Construct one-half street improvement to
these streets including 5-foot sidewalks with planned development.
3. At the time of construction, obtain permits for improvements within
State Highway right-of-way from AHTD, District VI.
4. At the time of construction, 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. Site grading, and drainage plans will
need to be submitted and approved prior to the start of construction.
5. At the time of construction provide a Sketch Grading and Drainage
Plan as required per Sec. 29-186(e).
6. At time of construction, storm water detention ordinance applies to
this property. Show the proposed location for stormwater detention
facilities on the plan.
January 17, 2008
ITEM NO.: 15 (Cont.) FILE NO.: Z-8303
3
7. At the time of construction, street lights are required by Section
31-403 of the LR code. Provide plans for approval to Traffic
Engineering. Street lights must be installed prior to platting/certificate
of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for
more information.
8. A special Grading Permit for Flood Hazard Areas will be required per
Sec. 8-283 prior to construction.
9. In accordance with Section 31-176, floodway areas must be shown
as floodway easements or be dedicated to the public. In addition, a
25 foot wide access easement is required adjacent to the floodway
boundary.
10. Show the 100 year floodplain and floodway delineations on the site
plan.
11. At the time of construction, provide 100% bridge or box culvert
construction on arterial streets for the initial 15 ft of span length. The
applicant will be responsible to one half of initial 15 ft of span length.
Usually, an in lieu payment is received for bridge improvements.
12. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersections comply with 2004 AASHTO Green Book
standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required with easements to serve
property shown.
Entergy: No comment received.
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. Contact Central Arkansas
Water regarding the size and location of the water meter. Capital
Investment Charge based on the size of meter(s) in addition to normal
charges. Additional fire hydrant(s) may be required. Contact the Little
Rock Fire Department to obtain information regarding the required
placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s). 20-inch main
appears to be on the south side of Colonel Glenn Rd in this area.
Fire Department: Fire hydrants will be required.
January 17, 2008
ITEM NO.: 15 (Cont.) FILE NO.: Z-8303
4
County Planning: No comments.
CATA: The site is located on a CATA bus route.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
The applicants were present. Staff presented the item and noted additional
information was needed including building design, seating capacity, signage, site
lighting, fencing and typical days and hours of operation. Staff asked if there
would be any other uses such as day care or private school. The applicant was
asked to locate any proposed dumpster.
Public Works and Landscape Comments were discussed. The greater part of
the discussion centered on the required half-street and bridge improvements.
Various options were discussed including deferral of the improvements,
subdividing the property, providing an in-lieu payment or requesting a hardship
15% payment. The applicants were advised to meet with Public Works staff for
further discussion of the issue.
The Committee instructed the applicants to respond to staff issues by January 2,
2008. The item was forwarded to the full Commission.
STAFF ANALYSIS:
A Kingdom Hall of Jehovah’s Witnesses is proposed to be constructed on a
portion of the undeveloped, 8.32± acre tract located at 9812 Colonel Glenn
Road. The church proposes to develop the eastern 3± acres of the tract. The
property will likely be subdivided and the western 5± acre portion sold.
The development will consist of a one-story, 4,136 square foot building and an
88-space parking lot. The building will have a brick veneer and a 5/12 pitched
roof with architectural shingles. A covered drop-off area will extend out from the
back of the building over the driveway within the parking lot. A single driveway
will provide access from Colonel Glenn Road. The exact location of the
driveway’s intersection with Colonel Glenn Road will be determined once an
engineer certifies sight distance.
The typical hours of activity are Sunday 9:00 a.m. to 3:00 p.m., Monday through
Thursday 7:00 p.m. to 9:00 p.m. and Saturday 9:00 a.m. to 10:00 a.m. There
are no other proposed uses such as day care, private school or mother’s day
out. Site lighting will consist of lights on the gable ends of the building and 2 to 3
January 17, 2008
ITEM NO.: 15 (Cont.) FILE NO.: Z-8303
5
parking lot lights. There will be no dumpster. Signage will consist of a wall sign
and a 6-foot tall by 12-foot wide brick monument ground sign structure with a
smaller sign panel mounted on the faces.
The church has requested the ability to provide an in-lieu contribution toward the
required street improvements. Staff is supportive of that request. There is no bill
of assurance for this acreage tract. The current site plan does not allow for
required interior landscape islands in the parking lot. That is easily remedied at
the time of building permit submittal. The church has proposed parking in excess
of ordinance requirements and the loss of some spaces for landscaping will not
affect the required parking. A plat to subdivide the property will be submitted
prior to church being developed.
To staff’s knowledge, there are no other issues. The proposed use is compatible
with uses in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit subject to
compliance with the following conditions:
1. Compliance with the Comments and Conditions outlined in Sections 4, 5 and
6 of the agenda Staff Report.
2. Any site lighting is to be shielded downward and into the site.
3. Any future dumpster or trash enclosure area is to be screened.
Staff recommends approval of the requested in-lieu contribution for required
street improvements.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
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. Staff also recommended
approval of the requested in-lieu contribution for required street improvements.
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.
January 17, 2008
ITEM NO.: 16 FILE NO.: G-25-198
Name: Champlin Drive Name Change to Kirk Road
Location: Champlin Drive, south of Rahling Road
Petitioner: Whisenhunt Investments
Request: To change the name of Champlin Drive to
Kirk Road
STAFF REPORT:
On December 28, 2007, the applicant requested that this item be deferred to the
February 28, 2008 Planning Commission agenda. Staff supports the deferral
request.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that, on December 28, 2007, the applicant had requested the
item be deferred to the February 28, 2008 meeting. There was no further
discussion. The item was placed on the consent agenda and deferred to the
February 28, 2008 meeting. The vote was 10 ayes, 0 noes and 1 absent.