pc_02 28 2008
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
FEBRUARY 28, 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 January 17, 2008 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
FEBRUARY 28, 2008
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. G-25-198 Champlin Drive Name Change to Kirk Road
Champlin Drive, south of Rahling Road
B. LA-0020 Rees Land Alteration Variance
C. 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
D. LU08-20-01 A Land Use Plan Amendment in the Pinnacle Planning
District from Single Family to Office and Low Density
Residential located at the present terminus of Valley
Ranch Drive.
D.1 Z-8301 Rezoning from R-2 to O-3
7101 Valley Ranch Drive
E. Z-8304 Rezoning from R-2 to AF
14824 Crystal Valley Road
E.1 Z-8304-A Pomtree Commercial Stable – Conditional Use Permit
14824 Crystal Valley Road
F. Z-6957-H 5100 Talley Road office, showroom/warehouse –
Conditional Use Permit
5100 Talley Road
G. Z-6957-I 5200 Talley Road office, showroom/warehouse –
Conditional Use Permit
5200 Talley Road
Agenda, Page Two
I. OLD BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
H. S-1605 Big Oak Subdivision Preliminary Plat, located on
Baseline Road and Victoria Drive.
I. S-1606 Dailey Drive Subdivision Preliminary Plat, located on
Dailey Drive, South of Baseline Road.
J. Z-8152-A Storthz Short-form POD, located at 424 North
University Avenue.
K. Z-8308 Calvary Bread of Life Ministries Short-form PID, located
between West 33rd and West 34th fronting Jane Street
and Mabelvale Pike Road.
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. Z-3371-V Rezoning from C-3 to C-4
Southwest corner of Colonel Glenn Road and Colonel
Glenn Court
2. Z-5615-A Allison Memorial Presbyterian Church Parking Lot –
Conditional Use Permit
922 Wright Avenue
3. Z-5683-C Little Rock Montessori School Expansion – Conditional
Use Permit
11701 Pleasant Forest Drive
4. Z-5820-B The Anthony School – Revised Conditional Use Permit
7700 Ohio Street
5. Z-7980-A Entergy Substation – Revised Conditional Use Permit
14250 Colonel Glenn Road
Agenda, Page Three
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
6. Z-8311 Chenal Adult Day Services Adult Day Care Center –
Conditional Use Permit
805 Kirby Road
7. Z-8312 Glory Divine Christian Academy Day Care Center –
Conditional Use Permit
2824 John Barrow Road
8. G-25-199 Marshall Street Name Change to “Children’s Way”
Marshall Street from 7th Street to Daisy L. Gatson Bates
Drive
9. A-314 Crackerbox Annexation, Northwest corner Kanis and
Kirby Roads
February 28, 2008
ITEM NO.: A 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.
STAFF REPORT:
On January 29, 2008, the applicant requested that this item be deferred to the
April 10, 2008 Planning Commission agenda. Staff supports this deferral
request.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
January 29, 2008 requesting the application be deferred to the April 10, 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 April 10, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: B 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
February 28, 2008
ITEM NO.: B (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.
February 28, 2008
ITEM NO.: B (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.
February 28, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0020
4
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
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
February 28, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0020
5
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 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.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
Staff informed the Commission that the applicant failed to send the required
notices to surrounding property owners. Staff requested the application be
deferred to the April 10, 2008 Agenda.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 10, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: C 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.
February 28, 2008
ITEM NO: C (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.
February 28, 2008
ITEM NO: C (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.
February 28, 2008
ITEM NO: C (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.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
Bill Spivey and Tim Daters were present, representing the application. There
were several persons present in opposition. Staff presented the application with
a recommendation of approval. Staff noted that the applicant had amended the
application to have the west 50 feet of the proposed MF-12 zoning to be an
undisturbed buffer.
Bill Spivey and Tim Daters addressed the Commission in support of the
application. Mr. Daters explained the proposed rezoning. Mr. Spivey explained
the reconfiguration of existing zoning lines. He noted that portions of the overall
property were already zoned MF-12 and O-3.
Edward Oglesby addressed the Commission in opposition. He noted that he
represented the Aberdeen POA. He noted that there were a number of
Aberdeen residents present. He stated that the only objection was to the portion
being rezoned from R-2 to MF-12. He explained that the residents were fine with
leaving the property immediately east of Aberdeen R-2. He noted Deltic’s future
plan previously designated a school east of Aberdeen.
Glenyce Feeney also addressed the Commission in opposition. She explained
that Deltic Timber had represented the property east of Aberdeen as a buffer
area. She noted the multifamily zoning would devalue her property.
Commissioner Laha asked about the buffer promised by Deltic. Commissioner
Nunnley asked if there was anything in writing about the buffer. Ms. Feeney
stated that there was not and explained. Mr. Nunnley asked who told her about
the buffer. She stated that it was Gene Eberle, a real estate agent.
Tarena Word also spoke in opposition. She noted that her lot backed up to the
proposed OS zoning. She explained that she did not think there would ever be
any development east of her lot.
Mary Ryan also spoke in opposition. She stated that she opposed the
application for two (2) reasons; impact on quality of life and impact on property
values. She explained that she had asked for a 300-foot buffer area but Deltic
was not agreeable.
Maria Ryan also made statements in opposition.
February 28, 2008
ITEM NO: C (Cont.) FILE NO.: Z-5097-K
5
Frank Pohlkamp, president of the Bayonne POA, also spoke in opposition. He
objected to the location of the MF-12 zoning to the entrance of the Bayonne
Subdivision. He made several recommendations to the Commission. He noted
that condos would be preferred to apartments. He requested using the Planning
Zoning Development process for development of the property. He suggested a
green-space buffer along Chenonceau Blvd. He also suggested moving the MF
zoning closer to Highway 10 and changing it to MF-6.
Bill Spivey addressed the neighbors’ comments. He noted that Deltic Timber
has been working with the Aberdeen and Bayonne POA’s. He asked if the
Commission could vote on the O-3 portion of the application and defer the
remainder. The issue of deferring part of the application was discussed.
Mr. Spivey asked to amend the application to have a vote on the O-3 portion and
withdraw, without prejudice, the remainder of the application to be refiled.
Mr. Pohlkamp and Mr. Oglesby expressed opposition to the amendment. This
issue was discussed further. Staff noted that the entire application should be
deferred. Mr. Spivey noted that he would defer the entire application. Additional
comments were made regarding the deferral. Mr. Oglesby noted that the
Aberdeen neighborhood would not support the application unless a 300-foot buffer
were provided.
There was a motion to defer the application to the April 10, 2008 Agenda.
Commissioner Nunnley asked if Deltic Timber ever provided written documentation
to owners regarding how the property immediately east of the Aberdeen
neighborhood would be developed. Mr. Spivey noted that older plan maps of the
Chenal area showed a school at this location, but no written assurance was ever
given by Deltic, it was only shown on a map. The motion to defer was passed by a
vote of 7 ayes, 3 nays and 1 absent. The application was deferred to the April 10,
2008 Agenda.
February 28, 2008
ITEM NO.: D 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 and Low Density Residential
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 and
Low Density Residential. Office represents services provided directly to consumers as well as
general offices that support more basic economic activities. Low Density Residential provides a
broad range of building types including single family attached, single family detaches, duplex,
townhome or multi family with a density of between six and ten dwelling units per acre. 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 50 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 MF-18 for a multi family
development and Planned Development Residential for a partially developed attached single
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.
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
February 28, 2008
ITEM NO.: D (Cont.) FILE NO.: LU08-20-01
2
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 approximately 50 acres of Single Family currently shown
on the Future Land Use Plan to Office and Low Density Residential. This amendment would
basically extend the existing Office further north approximately 150 feet and change a 40+-acre
area from Single Family to Low Density Residential. 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 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. While there are several
hundred acres of undeveloped Single Family shown on the Land Use Plan north of this area,
there is no Low Density Residential shown in the near vicinity. The closest parcel shown as
Low Density Residential is over one mile west of this location on the south side of Cantrell Road
and west of Highway 300 and that is less than 6 acres. There seems to be a need for additional
LDR for this area.
February 28, 2008
ITEM NO.: D (Cont.) FILE NO.: LU08-20-01
3
North of this application area will remain Single Family on the Future Land Use Plan. Staff feels
this amendment would be appropriate with the Low Density Residential 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. The
proposed Low Density Residential area would protect future Single Family developments while
still allowing for more office in the immediate future and provide other housing options besides
just Single Family and Multi Family for this area.
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.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The item was placed on the consent agenda for approval. By a vote of 9 for and 0 against the
consent agenda was approved.
February 28, 2008
ITEM NO.: D.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.
February 28, 2008
ITEM NO: D.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.
February 28, 2008
ITEM NO: D.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.
February 28, 2008
ITEM NO: D.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.
STAFF UPDATE:
The applicant has filed a Land Use Plan Amendment for the acreage to the north,
from Single Family to Low Density Residential (across the future expansion of
Valley Ranch Drive). The request is included in Item D. on this agenda. Staff
also expects the applicant to file an application to abandon the existing single-
family preliminary plat within this area. With these changes, staff can support the
requested O-3 rezoning without the 50-foot wide OS buffer/no vehicular access
easement as previously requested by staff. Staff will hold the rezoning
application and not send it to the Board of Directors until the preliminary plat
abandonment application is filed.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: E 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 – Horse stables/riding arena and 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
A. PUBLIC WORKS COMMENTS:
1. Crystal Valley 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.
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
and Crystal Valley Neighborhood Associations were notified of the public
hearing.
February 28, 2008
ITEM NO: E (Cont.) FILE NO.: Z-8304
2
D. LAND USE ELEMENT:
This request is located in the Crystal Valley Planning District. The Land
Use Plan shows Single Family for this property. The applicant has applied
for a rezoning from R-2 to AF.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Crystal Valley 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
Crystal Valley 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:
A Class I bike route is shown on Crystal Valley Road. A Class I bikeway
is built separate from or alongside a road. Additional paving and right-of-
way may be required.
Neighborhood Action Plan:
This area is not covered by a City of Little Rock Neighborhood Plan.
E. STAFF ANALYSIS:
Nealon and Susan Pomtree, owners of the 31.5 acre property located at
14824 Crystal Valley Road, are requesting to rezone the property from “R-
2” Single Family District to “AF” Agriculture and Forestry District. The
rezoning is proposed to operate a commercial stable in conjunction with
the single family use.
There is a single family residence located near the north property line of
the 31.5 acres. There are barn-type accessory structures located within
the northeast quarter of the property. The remainder of the property is
fenced and has been used as pasture-type land in the past. The property
is located just outside the city limits, but inside the City’s extraterritorial
zoning jurisdiction.
A new single family subdivision is located to the east, with undeveloped R-
2 zoned property to the north. Single family residences on large lots are
located to the west and southwest across Crystal Valley Road. A facility
February 28, 2008
ITEM NO: E (Cont.) FILE NO.: Z-8304
3
containing horse stables and an outdoor riding arena is located to the
south across Crystal Valley Road.
The City’s Future Land Use Plan designates this property as Single
Family. The requested AF zoning does not require a change to the Land
Use Plan.
Staff is supportive of the requested AF rezoning. Staff views the request
as reasonable, given the current surrounding uses. The property is
located in an area which is more rural in nature, with many residences on
acreage tracts and additional AF zoning and uses in the general area.
The property owners have applied for a conditional use permit for a
commercial horse stable, which is a separate application on this agenda.
Staff believes that AF zoning and use of this property will be appropriate
and will have no adverse impact on the adjacent properties or general
area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested AF rezoning.
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.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: E.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)
1. SITE LOCATION:
The site is located adjacent to the city limits, on the north side of Crystal
Valley Road, west of Sienna Lake.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located outside of the city limits in an area that serves as a
transition from the more urban development of Sienna Lakes to the rural
properties extending to the west and south. The area is characterized
principally by single-family homes on large tracts and large areas of
undeveloped properties. The new Sienna Lake residential subdivision is
under development adjacent to the east. The proposed use is compatible
with uses and development 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 Crystal Valley and SWLR
United for Progress Neighborhood Associations were notified of the
rezoning and C.U.P. requests.
3. ON SITE DRIVES AND PARKING:
An existing, 20-foot wide gravel driveway provides access to the site from
Crystal Valley Road. The applicants propose to continue use of the
driveway, as is. A new, gravel parking lot will be constructed adjacent to
the proposed stable. A variance is requested to allow use of the gravel
parking lot and driveway. Staff is supportive of the variance request due
to the low traffic volume expected and the agricultural nature of the
proposed use.
February 28, 2008
ITEM NO.: E.1 (Cont.) FILE NO.: Z-8304-A
2
4. SCREENING AND BUFFERS:
The applicant proposes to construct a small parking lot to serve the stable.
The new development is within a 31+ acre tract that will be zoned
agriculture and forestry. The existing trees and shrubbery on the site will
suffice to satisfy the landscape requirements. If the tract is ever cleared of
trees, landscaping and buffering must be installed to comply with the
City’s Landscape and Buffer Ordinances.
5. PUBLIC WORKS COMMENTS:
1. Crystal Valley 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.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Property is outside of current service boundary. No
comment.
Entergy: No comment received.
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No comment received.
Water: No water service is available at this time. A water main extension
and approval of the City of Little Rock would be required. All Central
Arkansas Water requirements in effect at the time of request for water
service must be met.
Fire Department: Outside service boundary. Must have approval of local
volunteer fire department prior to construction of building.
County Planning: Approved as submitted.
CATA: The site is not located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 27, 2007)
Nealon Pomtree and Stephen Giles were present representing the application.
Staff informed the Committee that the applicants had asked that the item be
February 28, 2008
ITEM NO.: E.1 (Cont.) FILE NO.: Z-8304-A
3
deferred to the February 28, 2008 agenda. Staff presented the item and noted
additional information was needed regarding days and hours of operation,
building design, fencing, site lighting and signage. Staff asked if the residence
on the site would be used for any business activities. Staff asked the applicants
to locate and describe any outside use areas and to locate to dumpster on the
site plan.
Public Works and Landscape comments were discussed. It was noted that the
property would be rezoned to agriculture and forestry and the proposed use
would not require additional landscaping or buffers.
Mr. Giles presented a floor plan and building elevations. He stated the new
building would contain an office, tack room, feed room and 23 stalls. The
building is designed as a typical barn-type structure. Mr. Giles showed a
modified site plan, indicating a small parking area adjacent to the building, with
access off of the existing driveway.
The applicants were advised to submit responses to staff’s inquiries. The
Committee then forwarded the item to the Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow a commercial stable on this 31.5±
acre tract. An application to rezone the property from R-2 to AF Agriculture and
Forestry District is a separate item on this agenda.
The property currently contains a single family residence and several
outbuildings and barns. The applicants propose to construct a 156 X 36 stable
building and the adjacent gravel parking lot. The building will have a board and
batten exterior and a gambrel roof. Windows will be located at each stall and
room. The building will contain 23 individual stalls, a tack room, feed room and
reception room/office. The residence is not involved in the business but may be
occupied by the caretaker of the property.
The proposed days and hours of operation are 7:00 a.m. – 9:00 p.m., seven days
a week. These are the hours that patrons who are boarding horses at the stable
will have access to the stable. In an emergency, patrons will have 24-hour
access with prior notice to the owners/management. The entire site will be
enclosed with a fence. Fencing will be a combination of wood and wire. Lighting
on the exterior of the stable will be shielded downward. Any other site lighting
will comply with dark sky criteria. A single ground-mounted sign will be located
adjacent to the driveway at the street. Staff would recommend that the sign size
be compatible with the maximum size allowed in residential zones; 6 feet in
height and 32 square feet in area. There will be no dumpster. Patrons may walk
or ride their horses around the stable or anywhere within the fenced property.
February 28, 2008
ITEM NO.: E.1 (Cont.) FILE NO.: Z-8304-A
4
The applicant is requesting approval of a variance to allow continued use of the
existing gravel driveway and of the proposed gravel parking lot. An existing
cattle guard on the driveway, near the street, will serve as an effective way to
remove gravel from the tires of vehicles and trailers coming out of the driveway
onto Crystal Valley Drive. Staff is supportive of the variance request, subject to
compliance with the County’s standards for construction of the apron within the
right-of-way.
To staff’s knowledge, there are no outstanding issues. There is no bill of
assurance for this acreage tract. Staff believes the proposed use is appropriate
for the site and is compatible with uses in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. 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. The ground mounted sign is not to exceed 6 feet in height and 32 square feet
in area.
3. Any site lighting is to be shielded downward and into the site, utilizing “dark-
sky” standards.
Staff recommends approval of the variance request to allow the gravel driveway
and parking lot subject to compliance with Pulaski County standards for
construction of the driveway apron within the right-of-way.
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.
February 28, 2008
ITEM NO.: E.1 (Cont.) FILE NO.: Z-8304-A
5
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: F 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.
February 28, 2008
ITEM NO.: F (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
February 28, 2008
ITEM NO.: F (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.
February 28, 2008
ITEM NO.: F (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.
February 28, 2008
ITEM NO.: F (Cont.) FILE NO.: Z-6957-H
5
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: G 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.
February 28, 2008
ITEM NO.: G (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.
February 28, 2008
ITEM NO.: G (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
February 28, 2008
ITEM NO.: G (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.
February 28, 2008
ITEM NO.: G (Cont.) FILE NO.: Z-6957-I
5
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: H FILE NO.: S-1605
NAME: Big Oak Subdivision Preliminary Plat
LOCATION: Located on Baseline Road and Victoria Drive
DEVELOPER:
Card Investments, LLC
17200 Chenal Parkway, Suite 300 PMB 356
Little Rock, AR 72223
ENGINEER:
Development Consultants, Inc.
2200 North Rodney Parham Road, Suite 220
Little Rock, AR 72212
AREA: 6.10 acres NUMBER OF LOTS: 26 FT. NEW STREET: 885 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 15 – Geyer Springs West
CENSUS TRACT: 41.05
VARIANCES/WAIVERS REQUESTED:
1. A variance to allow a reduced front building line (Section 31-256).
2. A variance to allow reduced lot depths (Section 31-232).
3. A variance to allow a reduced lot depth adjacent to a main line railroad line (Section
31-232(g)).
4. A variance to allow the placement of an eight (8) foot fence around the perimeter of
the site.
5. A variance from Section 31-232(f) to allow the creation of a pipe stem lot (Lot 12).
A. PROPOSAL/REQUEST:
The developers are seeking preliminary plat approval to allow the development of
6.10 acres with 25 single-family residential lots and one (1) tract. The lots are
proposed containing an average lot size of 0.232 acres with a minimum lot size
February 28, 2008
ITEM NO.: H (Cont.) FILE NO.: S-1605
2
of 7,000.23 square feet (0.161 acres). The development will provide 795 linear
feet of new public street. There are variances associated with the proposed plat.
The variances include a reduced front yard setback, an eight foot privacy fence
around the perimeter of the property, reduced lot depths, reduced lot depths for
lots abutting a main railroad line and the creation of a pipe stem lot.
B. EXISTING CONDITIONS:
The site was previously a manufactured home park. Presently all the units been
removed. To the east of the site is a manufactured home park and to the west
are single-family homes. Further west is an apartment complex with gates which
appear to close during the evening hours. A main rail line is located along the
southern perimeter of the property. To the north, along Baseline Road is an
apartment complex, an industrial use and a single-family home. The
manufactured home park took access from Baseline Road as well as Victoria
Drive and both curb-cuts are in tact. Victoria Drive is a residential street with
curb and gutter. There is no sidewalk along the property frontage.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received an informational phone call from an area
resident. Southwest Little Rock United for Progress, the West Baseline
Neighborhood Association and all abutting property owners were notified of the
Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Big Oak Court should be constructed to Master Street Plan standards. The
preliminary plat shows the right-of-way to 50 feet in width; the street to be
26 feet wide; and a 5 foot sidewalk on both sides.
2. A 20 foot radial dedication of right-of-way is required at the intersection of
Big Oak Court and Victoria Drive.
3. Sidewalks with appropriate handicap ramps are required to be installed on
Victoria Drive along the frontage of the property in accordance with Section
31-175 of the Little Rock Code and the Master Street Plan.
4. Close curb cut on Baseline Road and match sidewalk across Tract A.
5. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
6. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1805 (Travis Herbner).
February 28, 2008
ITEM NO.: H (Cont.) FILE NO.: S-1605
3
7. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
8. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan. If
developed flows are less than pre-developed flows detention will not be
required for this property. Controls should be installed to reduce damage
from storm water runoff onto adjacent properties.
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
10. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
11. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade
permit prior to doing any work in the right-of-way. Contact Traffic
Engineering at (501) 379-1805 (Travis Herbner) for more information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements. Contact Little
Rock Wastewater at 688-1414.
Entergy: Approved as submitted.
Center-Point Energy: Center-Point Energy has an existing gas main located
within the proposed development area which may be in conflict with the proposed
plat. Contact Center-Point Energy for additional information.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in addition
to normal charges. A water main extension will be required in order to provide
service to this property. This development will have minor impact on the existing
water distribution system. Proposed water facilities will be sized to provide
adequate pressure and fire protection.
Fire Department: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
February 28, 2008
ITEM NO.: H (Cont.) FILE NO.: S-1605
4
CATA: The site is located near CATA Bus Routes #17 and #17A, the Mabelvale-
Downtown and Mabelvale-UALR Routes.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008)
Mr. Robert Brown and Mr. Ed Hankins were present representing the request.
Staff presented an overview of the proposed development stating as presented
there were a number of variances associated with the request. Staff stated they
felt it was important to increase the depth of the lots adjacent to a main railroad
line to allow for proper separation. Mr. Brown stated he would redesign the plat
to reduce the impact on the lots adjacent to the railroad main line. Mr. Brown
questioned staff’s request for the total lot area of Lot 16. Staff stated it was
difficult to determine if the lot met the 7,000 minimum lot size requirement but
once the lots were redesigned to increase the depth for the lots adjacent to the
railroad this would more than likely eliminate staff’s concern for the lot area of
this proposed lot.
Public Works comments were addressed. Staff stated Big Oak Court should be
constructed to Master Street Plan standard. Staff noted a reduced right of way
width and reduced street paving would meet the Master Street Plan
requirements. Staff also stated if the street was constructed to a minor
residential street standard, sidewalks would not be required. Staff stated
sidewalks would be required along Victoria Drive and Baseline Road. Staff
requested the curb cut on Tract A be removed and closed limiting access to the
development from Victoria Drive. Staff noted streetlights would be required at the
time of final platting. Staff also stated a grading permit would be required and the
Storm water detention ordinance requirements would also apply to development
of the site.
Staff noted comments provided by the various other departments and agencies
stating if there were specific concerns the applicant should contact the agency
directly. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing most of the
issues raised at the January 24, 2008, Subdivision Committee meeting. Several
February 28, 2008
ITEM NO.: H (Cont.) FILE NO.: S-1605
5
of the lots adjacent to the railroad track have been increased to allow for the
proper depth of lots adjacent to a main railroad line. Lots 14 and 15 have not
been indicated with the 175-foot depth. The revised preliminary plat indicates the
variance request for the street design is no longer being request. The applicant
has indicated the street will be designed to a minor residential street standard
which eliminates the need for a variance to reduce the centerline radius.
The lots are indicated with a reduced front building setback of 15-feet adjacent to
Big Oak Court. The ordinance typically requires the placement of a 25-foot
building setback along the street frontages.
The site plan indicates Lots 14 and 15 with less than the 175-foot typically
required lot depth for lots abutting a mainline railroad right of way. The lots are
indicated with a 149.35 foot depth. The ordinance states the 175-foot depth is
necessary to ensure proper separation of the residences from the adjacent
railroad line.
The request includes a variance to allow the placement of an eight (8) foot fence
around the perimeter of the site and within the required building setback. The
ordinance typically allows the placement of a six foot fence on the perimeters of
the property.
The plat indicates Lots 10 and 11 with a depth less than the 100-foot depth
typically required per the Subdivision Ordinance. The lot depth along the
common lot line is 72.48 feet. The lots are indicated with 7,043 and
7,061 square feet of lot area.
The plan indicates the creation of a pipe stem lot for Lot 12. The lot is indicated
with a stem of 57.15 feet and the width at the street is 20 feet. The ordinances
states the creation of pipe stem lots is prohibited but the definition of a pipe stem
lot indicates the minimum width of the stem at the street right of way shall be
30-feet and the maximum depth of the pipe stem lot including the stem shall be
300-feet. The lot as proposed does not meet this typical minimum criteria.
Staff is supportive of the proposed subdivision and the associated variances.
The site has had a history of an undesirable use. The development is proposed
as a new single-family subdivision which will bring new families into the area
which will have a stake in the success of the neighborhood. Although there are a
number of variances associated with the request staff does not feel individually or
collectively they will significantly impact the development or the area as a whole.
To staff’s knowledge there are no outstanding technical issues associated with
the request. Staff feels the development of this new subdivision at a density of
4.09 units per acres is an appropriate development for the site.
February 28, 2008
ITEM NO.: H (Cont.) FILE NO.: S-1605
6
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request to allow a reduced front
building line (Section 31-256).
Staff recommends approval of the variance to allow reduced lot depths (Section
31-232).
Staff recommends approval of the variance to allow a reduced lot depth adjacent
to a main line railroad line (Section 31-232(g)).
Staff recommends approval of the variance to allow the placement of an eight (8)
foot fence around the perimeter of the site.
Staff recommends approval of the variance request to allow the creation of a pipe
stem lot and the variance associated with the development standards of the pipe
stem lot.
PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008)
Mr. Robert Brown was present representing the application. There were no registered
objectors present. The Chair informed the applicant there were eight (8)
Commissioner’s present. The Chair stated when the Commission had fewer than nine
(9) members present the applicant was offered the right to defer his or her item to a
later public hearing. Mr. Robert Brown requested the item be deferred to the
February 28, 2008, public hearing.
There was no further discussion of the item. A motion was made to defer the item to
the February 28, 2008, public hearing. The motion carried by a vote of 8 ayes, 0 noes
and 3 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The applicant was present. There were registered objectors present. Staff presented
the item stating the applicant amended the request to place a condition on the plat to
require the lots abutting the railroad tract to be bricked on all four sides to reduce the
impact of sound on these structures. Staff stated the applicant had indicated the name
of the proposed subdivision would be changed prior to final platting. Staff stated to their
knowledge there were no remaining outstanding technical issues associated with the
February 28, 2008
ITEM NO.: H (Cont.) FILE NO.: S-1605
7
request. Staff presented a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff also presented a recommendation of approval of the
variance request to allow a reduced front building line (Section 31-256), the variance to
allow reduced lot depths (Section 31-232), the variance to allow a reduced lot depth
adjacent to a main line railroad line (Section 31-232(g)) and the variance request to
allow the creation of a pipe stem lot and the variance associated with the development
standards of the pipe stem lot. Staff also presented a recommendation of approval of
the variance to allow the placement of an eight (8) foot fence around the perimeter of
the site.
Mr. Sylvester Murray addressed the Commission with questions. He stated he did not
understand the request and was wondering what impact this would have on his home.
He also stated the area did not need any additional apartments or mobile homes.
Commissioners Adcock and Rector stated the request was for single-family homes and
not for manufactured homes or apartments. They stated with the proposed
development this should improve the area. Commissioner Adcock stated the homes
would average $130,000 to $150,000. She stated with the new construction this should
spur clean up in the area and was a start to redevelopment for the area.
Ms. Mattie Gibson addressed the Commission with questions. She stated she did not
understand the request. She stated she had invested a great deal in her home and was
a single mother and single grandmother. She questioned the impact the development
would have on her home.
Commissioner Adcock stated the development would not impact her home and the
developers would not get in her back yard.
Mr. Nathan Earley stated his questions had been answered.
Mr. James Cosey stated he was not sure of the request. He stated he now understood
the request and no longer had questions.
There was no further discussion of the item. The chair entertained a motion for
approval of the item. The motion carried by a vote of 10 ayes, 0 noes and 1 absent.
February 28, 2008
ITEM NO.: I FILE NO.: S-1606
NAME: Dailey Drive Subdivision Preliminary Plat
LOCATION: Located on Dailey Drive, South of Baseline Road
DEVELOPER:
Robert Lawrence
309 Warren Lane
Inglewood, CA 90302
ENGINEER:
ETC Engineers and Architects, Inc.
1510 S. Battery Street
Little Rock, AR 72202
AREA: 3.5 acres NUMBER OF LOTS: 21 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 15 – Geyer Springs West
CENSUS TRACT: 41.06
VARIANCES/WAIVERS REQUESTED:
1. A variance from Section 31-232 and Section 36-254(4) to allow a reduced lot width
for Lots 2 – 20.
2. A variance to Section 36-254(4) to allow the creation of lots with a reduced lot area.
A. PROPOSAL/REQUEST:
The developer is proposing the subdivision of this 3.5-acre site into 21 single-
family residential lots. The lots are proposed with two (2) variances from the lot
development standards of the Subdivision Ordinance. The variances include the
development of lots with less than the typical minimum lot width of 60-feet and lot
areas less than the typical 7,000 square foot minimum established by the
Subdivision Ordinance.
February 28, 2008
ITEM NO.: I (Cont.) FILE NO.: S-1606
2
B. EXISTING CONDITIONS:
The site was formerly a manufactured home park with all but one of the units
being removed. To the east is a US Post office. To the west are single-family
homes. There is a large undeveloped parcel to the north of the site along
Baseline Road and a new office building has been constructed to the northwest.
After leaving Baseline Road, the area is predominately single-family.
Approximately two blocks east is the Southwest Little Rock Community Center
and Police Substation.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents.
Southwest Little Rock United for Progress, Chicot Neighborhood Association and
all abutting property owners were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. Sidewalks with appropriate handicap ramps are required to be installed along
Dailey Drive in accordance with Section 31-175 of the Little Rock Code and
the Master Street Plan.
3. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
5. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
6. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: Approved as submitted.
February 28, 2008
ITEM NO.: I (Cont.) FILE NO.: S-1606
3
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in addition
to normal charges. A water main extension will be required in order to provide
service to this property. This development will have minor impact on the existing
water distribution system. Proposed water facilities will be sized to provide
adequate pressure and fire protection.
Fire Department: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located near CATA Bus Routes #17 and #17A, the Mabelvale-
Downtown and Mabelvale-UALR Routes.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008)
The applicant was not present. Staff presented an overview of the proposed
development stating there were a number of issues and concerns which would
need addressing prior to the item being forwarded to the Commission. Staff
stated they would contact the applicant directly to work on the concerns.
Commissioner Laha stated he would contact the engineer to invite him to the
neighborhood association meeting to answer questions and provide additional
information concerning the proposed development. There was no further
discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing a number
of the issues raised by staff at the January 24, 2008, Subdivision Committee
meeting. The applicant has indicated a sidewalk will be placed along Dailey
Drive and indicated streetlights will be installed with the final platting of the lots.
February 28, 2008
ITEM NO.: I (Cont.) FILE NO.: S-1606
4
The developer is proposing the subdivision of this 3.5 acre site into 21 single-
family residential lots. The lots are proposed with two (2) variances from the lot
development standards of the Subdivision Ordinance; to allow the development
of lots with less than the typical minimum lot width of 60-feet and a lot areas less
than the typical 7,000 square foot minimum established by the ordinance. Lots 2
– 7 are indicated ranging in size from 6,974 square feet to 6,829 square feet.
The remaining lots range from 7,003 square feet to 8,464 square feet which is
adequate to meet the typical minimum lot area requirement. Lots 2 – 20 are
indicated with a lot width of 50-feet. The property is presently zoned R-2, Single-
family which typically requires a minimum lot width of 60-feet.
Staff is supportive of the subdivision and the two variances associated with the
request. The lots are indicated with setbacks typical of the R-2, Single-family
Zoning District; allowing a 25-foot front and rear yard setback and 5-foot side
yard setbacks. With the indicated lot widths, lot areas and the proposed
setbacks this allows for a building footprint on the smallest of the lots of 3,400
square feet which is a greater footprint than the existing homes in the area. The
development is proposed with an overall density of 6 units per acre which is not
out of character with single-family development in the City. Staff does not feel
the creation of the plat as proposed will significantly impact the area if developed
as proposed.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request to allow Lots 2 – 20 to
develop with a reduced lot width and the variance to allow Lots 2 – 7 to develop
with a reduced lot area.
PLANNING COMMISSION ACTION: (FEBRUARY 14, 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.
A motion was made to approve the item as presented by staff on the consent agenda.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
February 28, 2008
ITEM NO.: I (Cont.) FILE NO.: S-1606
5
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff also presented a recommendation of approval of the
variance request to allow Lots 2 – 20 to develop with a reduced lot width and the
variance request to allow Lots 2 – 7 to develop with a reduced lot area.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 9 ayes, 0 noes and 2 absent.
February 28, 2008
ITEM NO.: J FILE NO.: Z-8152-A
NAME: Storthz Short-form POD
LOCATION: Located at 424 North University Avenue
DEVELOPER:
LPS Properties, LLC
Sam Storthz III, Managing Partner
810 North University Avenue
Little Rock, AR 72205
ENGINEER:
Edward Smith – White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.96 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-3, General Office District
ALLOWED USES: General and Professional Office Uses
PROPOSED ZONING: PCD
PROPOSED USE: O-3 uses and selected C-3 uses
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
On March 1, 2007, the Little Rock Planning Commission withdrew a request to
rezone the site from O-3, General Office District to PCD at the request of the
applicant. The applicant’s proposal was the same proposal as currently being
considered by the Commission.
The building located at 424 N. University was originally constructed in 1970 as a
masonry construction and contains approximately 11,968 square feet of rental
area. The property is currently zoned O-3, General Office District which allows
for general office type uses as allowable uses on the site. In addition, the site is
allowed a maximum of ten percent of the gross floor area as a listed accessory
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
2
use as indicated in the O-3, General Office District zoning classification. The
applicant is proposing a rezoning of the site to PCD to expand the allowable uses
for the site. The site is proposed as a mixed use development and is proposed
to contain the following uses either as a single user or a mixture of uses:
A. Keeping the existing permitted uses under the “0-3” General Office District
Zoning.
B. Keeping the following existing permitted uses under the “0-3” General Office
District Accessory Uses Zoning except delete the “shall not exceed ten (10)
percent of the total floor area on the site” provision. - Antique shop, Barber
and beauty shop, Book and stationary shop, Camera shop, Candy store,
Clothing store, (including clothing accessories), Custom sewing or millinery,
Drugstore or pharmacy, Eating place, (Pick-up Only), Florist shop, Health
studio or spa, Hobby shop, Jewelry store, Key shop, Laundry pickup station,
Tailor shop.
C. Add the following permitted uses in the “C-3” General Commercial District:
Appliance sales and repairs, Audio sales and service, Auto parts and
accessories, Bakery or confectionery shop, Beauty supply store, Bicycle shop,
Beverage shop, (coffee, tea, fruit or health drinks), Card shop, Carpet and
flooring store, Catering, commercial, Clock or watch repair, Cosmetic store,
Computer sales and repair, Dollar and variety store, Fabric store, Food store,
Frame shop, Furniture store and/or rentals and/or repairs, Garden and supply
shop (indoor only), Gift shop, Handicraft, ceramic, sculpture or similar artwork
store, studio or gallery, Hardware store, Houseware and kitchen store, Interior
decorating shop, Job printing, Lithographer, printing or blue printing, Kitchen
remodeling store, Linen shop, Luggage store, Medical appliance fittings and
sales, Mail services store, Massage therapist, Music store, Office equipment
sales and service, Office supply store, Optical shop, Paint and wallpaper store,
School supplies, Second hand shop (resale of used goods such as used
furniture, clothes, books, etc, ), Shoe repair, Sporting goods store, Swimming
pool sales and supplies, Telephone and accessory sales and repair, Television
sales and repairs, Toy store, Upholstery shop, Video, DVD, CD’s sales and
rentals, Vitamins and health food store.
B. EXISTING CONDITIONS:
The site contains an office building and associated parking currently being used
as a medical office. To the north of the site is a private school and to the south of
the site is a residential tower and an office tower is located to the southwest.
There is a nursing home located immediately west of the site and east of the site
are office uses. Other uses in the area include two shopping centers, Park Plaza
and Mid-Towne.
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
3
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received an informational phone call from an area
resident. The Hillcrest Residents Neighborhood Association, all property owners
located within 200 feet of the site and all residents, who could be identified,
located within 300-feet of the site were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. In recognition of the fact that this is a developed site and the applicant
proposes only use changes and no changes to the existing building footprint,
drives, parking, staff is recommending a reduced right of way dedication on
Father Tribou Street (formerly Lee Street) of 25 feet from the centerline
(instead of the Master Street Plan requirement of 30 feet) and 45 feet from
the centerline of University Avenue (rather than 55 feet). The approximate
5-foot dedication on Father Tribou and University Avenue are required due to
the increased intensity of uses for the site with the change from office to
commercial uses and the allowance of a large percentage of the building
square footage as selected C-3, General Commercial District uses by right.
With greater intensity of the use mix, additional traffic is expected which right
turn lanes can correct when added to the existing streets, but until such lanes
are built, the City will provide the applicant with a franchise to allow the
existing parking to be located in the portion of the right of way to be
dedicated. Any future development on the site will require full right of way
dedication and meeting the boundary street ordinance requirements. For
City-funded projects, the City bears the cost of relocating improvements such
as driveways, curbing and landscaping which is disturbed in the street
widening process.
2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818)
for the private improvements located in the right-of-way.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas Water: No objection.
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
4
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #21, the University Avenue
Route.
Parks and Recreation: No comment.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the West Little Rock Planning
District. The Land Use Plan shows Mixed Use for this property. The applicant
has requested to rezone the site from O-3, General Office District to Planned
Office Development to add additional uses to the site including selected
commercial uses.
The request does not require a change to the Land Use Plan.
Master Street Plan: University Avenue is shown as a Principal Arterial. The
primary function of a Principal Arterial is to serve through traffic and to connect
major traffic generators or activity centers within urbanized areas. Entrances and
exits should be limited to minimize negative effects of traffic and pedestrians on
University since it is a Principal Arterial. Father Tribou Drive is shown as a Local
Street. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets which are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as “Commercial Streets”.
These streets have a design standard the same as a Collector. These streets
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Neighborhood Action Plan: This area is covered by the Midtown Neighborhood
Action Plan. The Commercial Development goal states: “To increase the
long-term viability of our retail, office, and medical centers, and prevent
destabilization of surrounding neighborhoods.”
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
5
2. This site plan appears to be a use issue only. However, should the building
undergo rehabilitation then the parking lot will be required to be brought into
compliancy with both the zoning ordinance and the landscape ordinance at
such time.
3. A landscape plan will be required in conjunction with redevelopment of this
site.
G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008)
The applicant was present representing the request. Staff presented an
overview of the development stating the request was to rezone the site from O-3,
General Office District to PCD and add additional uses as allowable uses to the
site.
Public Works comments were addressed. Staff stated a reduced right of way
dedication was being requested. Staff noted due to the potential increase in
intensity of the use of the site additional right of way and turn lanes could be
required. Staff stated a franchise would be provided to the owners to allow
parking within the public right of way.
Landscaping comments were addressed. Staff stated if the building was
rehabilitated then the parking lot would be required to be brought into compliance
with the current typical ordinance standards.
Staff noted comments provided by the various other departments and agencies
stating if there were specific concerns the applicant should contact the agency
directly. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
There were no outstanding technical issues remaining from the January 24,
2008, Subdivision Committee meeting. The applicant is seeking a rezoning of
the site to allow additional uses to be added as allowable uses for the site. The
primary issue between staff and the applicant involves the right of way
dedication. The applicant has indicated a right of way dedication to the edge of
the parking stalls is acceptable with them. Staff is supportive of the allowance of
reduced right of way dedication including a 25-foot right of way dedication along
Father Tribou Drive and a 45-foot right of way dedication along South University
Avenue. Staff feels the right of way should be dedicated as a part of the
approval. The rezoning request will potentially increase the activity on the site,
creating a commercial development, thus potentially necessitating additional
street improvements in the area. A portion of the existing parking will be
impacted by the right of way dedication which staff is agreeable to the allowance
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
6
of a franchise agreement to allow the existing parking to remain until such time
as the additional improvements are installed.
The site is located within the Midtown Overlay District. The purpose of the
Midtown Overlay District is to create a quality vital atmosphere for businesses,
commercial or office and residents. Buildings, parking, signage, landscaping and
street furnishings should all be designed to complement and encourage
pedestrian use both day and evening. As stated in the purpose and intent
section of the Midtown Overlay District proper planning is necessary to ensure
visual clutter is avoided. Guideline and strategies must be in place to protect the
district from the negative impact of poorly planned or incompatible development
has the potential to destroy the attributes that will attract people to the district.
The district regulations shall apply to new development, and redevelopment
exceeding fifty percent of the structure’s current replacement value and
expansion of existing development. The design guidelines shall be implemented
when a permit is requested for exterior improvements on buildings or in the
public right of way. Routine repairs, maintenance and interior alterations shall
not require compliance with the overlay regulations. It does not appear the
overlay requirements will be evoked with the development as proposed.
The applicant is proposing the redevelopment of the site as a mixed-use
development with no limits placed on the uses proposed. There are no exterior
modifications proposed to the existing building or parking. All renovations will be
interior renovations only. The building contains 11,968 square feet along with
72 parking spaces. Based on typically minimum parking requirements for a
commercial development, 39 parking spaces would be required. Based on
typical parking ratios for a mixed use development (1 space per 225 square feet)
53 parking spaces would typically be required.
Neither the site plan nor cover letter indicates any signage either existing or
proposed. Signage typically allowed in office zones is a maximum of six feet in
height and sixty-four square feet in area. With regard to signage, the Midtown
Overlay District states no pole-mounted signs and no wood, painted signs or
pan-faced-style signs are permitted. Staff would recommend if additional
signage is approved, the signage conform to signage as allowed per the Midtown
Overlay District.
The site is indicated as MX on the City’s Future Land Use Plan. The MX – Mixed
Use Category allows for a mixture of residential, office and commercial uses to
occur. A Planned Zoning District is required if the use is entirely office or
commercial or if the use is a mixture of the three. The applicant has not placed
limits on the proposed use mix of the site; only indicated the site will be
redeveloped as a mixed use development. Staff recommends a percentage be
placed on the proposed uses limiting the site to 60 percent commercial uses and
40 percent office uses.
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
7
Staff is generally supportive of the proposed development. There is an
outstanding issue related to the right of way dedication for the abutting streets.
Staff cannot support the application as filed with limiting the right of way
dedication to the edge of the parking stalls along the abutting streets.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (FEBRUARY 14, 2008)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had requested a deferral of the item to the
February 28, 2008, public hearing. Staff stated the deferral request would require a
waiver of the Commission’s By-laws with regard to the late deferral request since the
request was made on February 13, 2008. Staff stated they were supportive of the
deferral request.
There was no further discussion of the item. A motion was made to approve the item as
presented by staff on the consent agenda. The motion carried by a vote of 8 ayes,
0 noes and 3 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The applicant was present. There were no registered objectors present. Staff stated
the original application was submitted with a survey, which was outdated and did not
show the existing right of way located along the abutting roadways. Staff stated the
applicant had since provided them with a current survey, which indicated right of way
along Father Tribou and North University Avenue somewhat different than originally
thought. Staff stated they originally thought the existing right of way along Father Tribou
was 20-feet and recommended a reduced right of way standard requesting an additional
5-feet along Father Tribou Street. Staff stated along North University Avenue staff
requested a reduced standard and a right of dedication of 45-feet. Staff state they
continued to recommend the reduced right of way standard along North University
Avenue or a dedication to 45-feet from centerline as opposed the typically required
55-feet from centerline. Staff stated the 45-foot right of way along North University
Avenue was currently in place. Staff stated the reduced standard would require
adoption of an ordinance by the Board of Directors to allow a variance from the Master
Street Plan. Staff stated the reduced right of way standard was only being supported
for the current PCD rezoning request to add additional uses to the site. Staff
recommends at the time the site is redeveloped the full 55-feet of right of way be
dedicated. Staff stated with regard to Father Tribou Street they recommended the
applicant dedicate an existing 10-foot gap in the right of way as presently existed bring
February 28, 2008
ITEM NO.: J (Cont.) FILE NO.: Z-8152-A
8
the total right of way for Father Tribou to the Master Street Plan standard or 30-feet
from centerline.
Staff stated there was presently parking and landscaping within the right of way for
North University Avenue and Father Tribou Street. Staff stated they supported the
issuance of franchise permit for the parking, landscaping, and other improvements
located in the right-of-way. Staff stated the applicant must contact Public Works for the
permit application.
Staff stated the original recommendation was the development be limited to a
60 percent commercial and 40 percent office use mix but now felt the developers
proposal was acceptable. Staff stated they were supportive of allowing the development
to contain a mixed-use development with 75 percent commercial uses and 25 percent
office uses. Staff stated otherwise to their knowledge there are no remaining
outstanding technical issues associated with the request. Staff presented a
recommendation of approval of the request including the above comments and the
comments and conditions as outlined in paragraphs D, E and F of the agenda staff
report.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 9 ayes, 0 noes and 2 absent.
February 28, 2008
ITEM NO.: K FILE NO.: Z-8308
NAME: Calvary Bread of Life Ministries Short-form PID
LOCATION: Located between West 33rd and West 34th fronting Jane Street and
Mabelvale Pike Road
DEVELOPER:
Calvary Bread of Life Ministries
P.O. Box 20212
Little Rock, AR 72221
ENGINEER:
BT Engineers
1501 Market Street
Little Rock, AR 72211
AREA: 0.8046 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: I-2, Light Industrial District
ALLOWED USES: Light Industrial Uses
PROPOSED ZONING: PID
PROPOSED USE: I-2, Light Industrial District uses and Add a Church
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The request is a rezoning of the site from I-2, Light Industrial District to PID to
add a church as an allowable use for the property. The applicant is proposing to
utilize the existing building and parking with no modifications to the exterior of the
structure and limited interior renovations will be undertaken to add a sanctuary,
classroom space and restroom facilities.
B. EXISTING CONDITIONS:
The site is located with frontage on Mabelvale Pike, Jane Street, West 33rd and
West 34th Streets. The front of the building appears to front West 33rd Street.
February 28, 2008
ITEM NO.: K (Cont.) FILE NO.: Z-8308
2
The building is a vacant industrial building. There are a number of uses located
on this block including, residential, an auto repair garage and a plumbing supply
company. To the east of the site is a residential neighborhood. To the south of
the site are industrial uses. North of the site is a hotel and a drive-in restaurant.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. The South of Asher Neighborhood Association, all property owners
located within 200 feet of the site and all residents, who could be identified,
located within 300-feet of the site were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required along the
frontage of the property.
2. A 20-foot radial dedication of right-of-way is required at the intersection of
West 33rd Street and Jane Street.
3. The southeastern portion of the structure is located in the 100-year floodplain.
This structure appears to be a pre-FIRM structure. Any additions to the
structure in the future will require the lowest finished floor elevation of the new
addition to elevated to 1 foot above the base flood elevation.
4. The alley is recommended to be abandoned and easements maintained for
utilities.
5. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main located within the alley. No new construction is
allowed over the existing sewer main. Contact Little Rock Wastewater Utility at
688-1414 for additional information.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
February 28, 2008
ITEM NO.: K (Cont.) FILE NO.: Z-8308
3
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Contact Central Arkansas
Water if larger and/or additional water meter(s) are required. If a larger and/or
additional meter is needed, a Capital Investment Charge based on the size of the
meter connection(s) will apply to this project in addition to normal charges.
Fire Department: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located near CATA Bus Route #14, the Rosedale Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-630 Planning District. The
Land Use Plan shows Light Industrial for this property. The applicant has applied
for a rezoning from I-2, Light Industrial District to Planned Industrial Development
to add a church as an allowable use to the property.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Mabelvale Pike 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 Mabelvale Pike
since it is a Minor Arterial. Jane, West 33rd and West 34th Streets are 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. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan: A Class III bike route is shown along Mabelvale Pike. 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: This area is covered by the Oak Forest
Neighborhood Action Plan. The Economic Development goal states: “To create
a healthy economic climate that encourages investment, reinvestment, and
diversity of employment opportunities.”
February 28, 2008
ITEM NO.: K (Cont.) FILE NO.: Z-8308
4
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Landscaping will be required with any new on site parking or with the
redevelopment/rehabilitation of the existing structure(s).
G. SUBDIVISION COMMITTEE COMMENT: (January 24, 2008)
The applicant was present. Staff presented an overview of the proposed
development stating there were a few outstanding technical issues associated
with the request. Staff questioned if the church would house a daycare or offer a
mother’s day out. Staff also questioned if the site would be used as a “soup
kitchen”. Staff questioned the days and hours of operation of the facility. Staff
also questioned the proposed parking plan. Staff requested the applicant provide
the proposed signage plan including the location, total height and total area.
Public Works comments were addressed. Staff stated a 20 foot radial dedication
was required at the intersection of West 33rd and Jane Streets. Staff also stated
the southeastern portion of the building was located within the floodplain and
future construction would be required to be constructed above the base flood
elevation.
Landscaping comments were addressed. Staff stated landscaping would be
required with any new on-site parking or with the redevelopment or rehabilitation
of the existing structure.
Staff noted comments provided by the various other departments and agencies
stating if there were specific concerns the applicant should contact the agency
directly. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant has submitted a revised cover letter addressing most of the issue
raised at the January 24, 2008, Subdivision Committee meeting. A revised site
plan indicates the placement of a ground mounted sign at the intersection of
West 33rd and Jane Streets. The sign is proposed with a maximum height of
eight feet and sixty-four square feet in area. Building signage is proposed
consistent with signage allowed in industrial zones.
The church has a seating capacity of 250 – 300 persons. Church service and
Prayer service hours are Tuesday and Thursday 12 am to 1 am, Friday 9 pm to
11 pm, Sunday norning 9 am to 12 noon and Sunday night 6 pm to 8:30 pm.
February 28, 2008
ITEM NO.: K (Cont.) FILE NO.: Z-8308
5
There will not be a mother’s day out program nor will the site house a soup
kitchen.
The site contains parking for 30 vehicles and the applicant has indicated
agreements from adjoining property owners to allow additional parking on
neighboring lots. The activities of the church will not impose on the hours of
operation for the adjoining businesses so the shared parking should not cause a
significant impact on the area. The ordinance would typically require the
placement of 75 parking spaces to serve a church with a seating capacity of
300 persons. Although the indicated parking is less than one half the typical
requirement staff does not feel this will significantly impact the area if additional
parking can be secured off site. Staff recommends the applicant provide the
parking agreements from the adjoining property owners.
Staff is supportive of the request. The site is presently zoned I-2, Light Industrial
District and the request is to add a church as an allowable use for the property.
Staff does not feel based on the uses in the area the addition of a church to this
site will adversely impact the adjoining properties.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends the applicant provide the parking agreements from the
adjoining property owners.
PLANNING COMMISSION ACTION: (FEBRUARY 14, 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.
A motion was made to approve the item as presented by staff on the consent agenda.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of recommendation of approval of the
request subject to compliance with the comments and conditions as outlined in
paragraphs D, E and F of the agenda staff report. Staff also presented a
February 28, 2008
ITEM NO.: K (Cont.) FILE NO.: Z-8308
6
recommendation the applicant provide the parking agreements from the adjoining
property owners.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 9 ayes, 0 noes and 2 absent.
February 28, 2008
ITEM NO.: 1 FILE NO.: Z-3371-V
Owner: Colonel Glenn Development Co.
Applicant: White-Daters and Associates
Location: Southwest corner of Colonel Glenn Road and
Colonel Glenn Court, extending to the northeast
corner of David O Dodd Road and Bowman
Plaza Drive.
Area: 6.306 Acres
Request: Rezone from C-3 to C-4
Purpose: Auto dealership
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Bank and office/school-type use (across Colonel Glenn Road);
zoned C-2 and C-3
South – Undeveloped property (across Bowman Plaza Drive); zoned C-3
East – Rave Theater and auto dealership; zoned C-3 and C-4
West – Convenience store and undeveloped property (across David O
Dodd); zoned C-3 and R-2
A. PUBLIC WORKS COMMENTS:
1. At time of development, repair or replace any curb gutter or sidewalk
that is damaged in the public right-of-way prior to occupancy.
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 John Barrow and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
February 28, 2008
ITEM NO: 1 (Cont.) FILE NO.: Z-3371-V
2
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from C-3 to C-4.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Colonel Glenn Road is shown as a Principal Arterial. The primary function
of a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Colonel Glenn Road since it is a Principal Arterial. Colonel Glenn Court is
shown as a Local Street. The primary function of a Local Street is to
provide access to adjacent properties. Local Streets which are abutted by
non-residential zoning/use or more intensive zoning than duplexes are
considered as “Commercial Streets. These streets have a design standard
the same as a Collector. These streets may require dedication of right-of-
way and may require street improvements for entrances and exits to the
site.
Bicycle Plan:
There are no bike routes shown in this immediate vicinity.
Neighborhood Action Plan:
This area is not covered by a City of Little Rock Neighborhood Action
Plan.
E. STAFF ANALYSIS:
Colonel Glenn Development Company, owner of the 6.306 acre property
located at the southwest corner of Colonel Glenn Road and Colonel Glenn
Court, is requesting to rezone the property from “C-3” General
Commercial District to “C-4” Open Display District. The rezoning is
proposed for development of an auto dealership.
The property is currently undeveloped and covered with grass and brush.
The property slopes downward slightly from south to north. Some clearing
and site work has taken place in the past in conjunction with
developments on adjacent properties.
February 28, 2008
ITEM NO: 1 (Cont.) FILE NO.: Z-3371-V
3
The Rave Theatre and an auto dealership are located east of the property
along Colonel Glenn Court. A branch bank is located immediately north,
with an office/school-type use across Colonel Glenn Road to the north.
Undeveloped C-3 zoned property is located to the south across Bowman
Plaza Drive. A convenience store and undeveloped property is located
across David O Dodd Road to the west.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-4 zoning does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-4 rezoning. Staff views the request
as reasonable, given the current surrounding uses and future plan
designation. Part of the platted lots along the west side of Colonel Glenn
Court which include a portion of the subject property are currently zoned
C-4. There is additional C-4 zoned property further east across Colonel
Glenn Court. There is also undeveloped C-3 zoned property to the south
along Bowman Plaza Drive and David O Dodd Road. Staff believes a
future C-4 commercial development of this property will be appropriate
and will have no adverse impact on the adjacent properties or general
area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: 2 FILE NO.: Z-5615-A
NAME: Allison Memorial Presbyterian Church Parking Lot
– Conditional Use Permit
LOCATION: 922 Wright Avenue
OWNER/APPLICANT: Allison Memorial Presbyterian Church
PROPOSAL: A conditional use permit is requested to allow for
construction of a parking lot on this R-4 and C-3
zoned church site.
1. SITE LOCATION:
The property is located on the east side of Chester Street, at Wright
Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The Church has been at this location for several years. Uses in the area
include single family, a school, community center, library and other
churches. The proposed parking lot is compatible with uses in the area
and will help to reduce the church’s on-street parking demand.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Downtown and Wright
Avenue Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The church’s sanctuary has a seating capacity of 250 persons, requiring
62 parking spaces. There is currently some unimproved on-site parking.
Under this proposal, 62 parking spaces will be constructed. Access will be
from a single driveway off of Izard Street on the east and a single
driveway off of Wright Avenue on the south. The applicant has addressed
staff’s concerns with driveway spacing by removing a proposed second
driveway onto Izard Street.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
February 28, 2008
ITEM NO.: 2 (Cont.) FILE NO.: Z-5615-A
2
The landscape and buffer ordinance require a minimal six foot nine inch
wide (6’-9”) landscape strip around the sites entirety. Currently, this
proposal reflects parking located within this minimal area. It is
recommended to eliminate the egress apron on the southeastern corner in
addition to the elimination of a few of the parking spaces. A variance from
the City Beautiful Commission must be obtained prior to the issuance of a
building permit otherwise.
An automatic irrigation system to water landscaped areas will be required
for all newly landscaped areas.
Street trees are recommended on this site.
5. PUBLIC WORKS COMMENTS:
1. Due to the use of the property, the Master Street Plan specifies that
Wright Avenue for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
2. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Wright Avenue and Izard Street.
3. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Wright Avenue and Chester Street.
4. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Wright Avenue Bypass and Izard Street.
5. Driveway locations do not meet the traffic access and circulation
requirements of Section 30-43 and 31-210. The code requires
driveway spacing on a commercial street to be 125 feet from the
property line and 250 feet from another driveway or intersection. The
driveway to the south must be removed due to the distance from the
north driveway, property line, and Wright Avenue/Izard Street
intersection. The width of driveway must not exceed 36 feet.
6. At time of development, sidewalks with appropriate handicap ramps
are required in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan to be installed on Wright Avenue
Bypass.
7. At time of development, sidewalks with appropriate handicap ramps
are required in accordance with Section 31-175 of the Little Rock
Code and the Master Street Plan along Wright Avenue.
8. At time of development, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to
occupancy.
February 28, 2008
ITEM NO.: 2 (Cont.) FILE NO.: Z-5615-A
3
9. At time of development, old curb cuts should close with new curbing.
10. At time of development, 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: Existing sewer main located in project area. Contact Little
Rock Wastewater for details prior to construction.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. If larger meter(s) are required, location may be
different than that of the existing meter(s).
Fire Department: Approved as submitted. Contact Captain Dennis Free
at Little Rock Fire Department; Phone # 918-3757.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff asked the applicant to provide a signage plan and
to specify the use of the two structures shown on the east half of the church site.
Public Works and Landscape Comments were addressed. Right-of-way
dedication and street improvements were discussed. It was noted that sidewalks
were needed and old curb cuts needed closing. Staff noted that one driveway on
the Izard Street frontage needed to be removed from the plan to comply with
spacing requirements. Staff noted that the landscaping strip in one area fell
below the minimum ordinance standards.
February 28, 2008
ITEM NO.: 2 (Cont.) FILE NO.: Z-5615-A
4
The applicants were advised to submit responses and revised site plans to staff.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
On November 3, 1992, the Commission approved a conditional use permit to
allow this existing church to construct a new, 250-seat sanctuary addition. A
25-space parking lot was also approved at the northeast corner of the block. The
parking lot was never constructed. On December 1, 1992, the Board of Directors
passed Ordinance No. 16,312, which granted a waiver of the right-of-way
dedication and boundary street ordinance requirements for Wright Avenue
Bypass (17th Street) located on the north perimeter of the church site.
The church subsequently acquired the remainder of the block bounded by Wright
Avenue, Izard Street, Chester Street and Wright Avenue Bypass (17th Street).
Much of the east half of the block is zoned C-3. The northeast corner is zoned
R-4, as the portion of the block where the church building is located. A
conditional use permit is requested to allow for construction of a 62-space
parking lot on the east half of the block. Two buildings currently on the east half
of the block will remain for the time being. One is an occupied single-family
residence. The second is a small take-out only café building, which is currently
being used by a nearby day care center for food preparation. A single driveway
will provide access off of Izard Street on the east and Wright Avenue on the
south.
The applicant submitted a revised site plan addressing most of the issues raised
at Subdivision Committee. A proposed second driveway to Izard Street has been
removed. Sidewalks are shown along Wright Avenue and Wright Avenue
Bypass (17th Street) and old curb cuts are shown to be closed and curbed.
The church is requesting a waiver of the requirement to dedicate additional right-
of-way for Wright Avenue located on the south side of the church site and of the
requirement to construct the street to commercial street standards. The right-of-
way is currently 40 feet. The Master Street Plan requires 60 feet for commercial
street; 50 feet for typical residential streets. Staff is supportive of the request.
The street in question has been in place for over 100 years and is typical of many
of the streets in the Original City of Little Rock. Most of the east-west traffic in
the immediate area utilizes 17th Street/Wright Avenue Bypass, located on the
north side of the church. The church has shown the construction of a 5-foot wide
sidewalk on the Wright Avenue frontage, with a setback of 2± feet from the curb
of the street.
A small portion of the parking lot intrudes into the required street
buffer/landscape area at the southeast corner of the block. There is adequate
February 28, 2008
ITEM NO.: 2 (Cont.) FILE NO.: Z-5615-A
5
width available for planting. If a minimum width of 4.5 feet cannot be provided at
this point, a variance will be required from the City Beautiful Commission.
To staff’s knowledge, there are no other issues. The Original City of Little Rock
bill of assurance does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. 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 must be shielded downward and into the site.
Staff recommends approval of a waiver of the right-of-way dedication and
boundary street ordinance requirements for Wright Avenue on the south side of
the church subject to a sidewalk being constructed and any old curb cuts being
closed with new curbing.
Staff recommends approval of a variance to allow a reduced street
buffer/landscape strip width at the southeast corner of the new parking lot.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: 3 FILE NO.: Z-5683-C
NAME: Little Rock Montessori School Expansion
– Conditional Use Permit
LOCATION: 11701 Pleasant Forest Drive
OWNER/APPLICANT: Little Rock Montessori/Kenneth King
PROPOSAL: A conditional use permit is requested to allow for
expansion of this existing Montessori School by
utilizing this R-2 zoned residential structure for
additional classrooms and library.
1. SITE LOCATION:
The property is located on the south side of Pleasant Forest Drive; west of
the Pleasant Forest/Woodland Heights/Rodney Parham intersection.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The school was existing at its current location when this area was
annexed in 1974. The property is located at the edge of a large
office/institutional node. Such uses are located to the south, north and
northeast. Single-family homes are located across Rodney Parham to the
southeast and directly adjacent to the west. Staff is concerned that the
current proposal extends the nonresidential use further into the residential
neighborhood. Staff believes the erosion of the residential use area by
even this one lot could have a negative effect on other single family
properties. Additionally, the school purposes to increase its enrollment
from 90 to 130, with a corresponding increase in employees. Staff also
has concerns abut the lack of adequate parking and stacking space, which
further impacts the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Pleasant Forest and
Pleasant Valley Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The school currently has a small drop-off area and parking lot containing
15 spaces located on the east side of the building. An additional drop-off
area with space for 4 vehicles is located along Pleasant Forest Drive. The
current enrollment is 90 students with 10 employees, requiring 19 parking
spaces. The proposal is to increase enrollment to 130 students and to
February 28, 2008
ITEM NO.: 3 (Cont.) FILE NO.: Z-5683-C
2
add 4 more employees. Depending on the ages or grades of students, at
least 6 and as many as 8 additional parking spaces are required. No
additional parking or drop-off areas are proposed.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
The zoning buffer ordinance requires a twenty-two foot (22’) wide land use
buffer next to the residentially zoned property to the west. Seventy
percent (70%) of this area is to remain undisturbed.
The property to the west is zoned residential, therefore, a six (6) foot high
opaque screen, either a wooden fence with its face side directed outward,
a wall, or dense evergreen plantings, is required along the western
perimeter of the site.
Any new parking must comply with the zoning buffer and the landscape
ordinance.
An automatic irrigation system to water landscaped areas will be required.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
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. With the current enrollment, vehicles stack onto Pleasant Forest Drive,
a public collector street, diminishing the carrying capacity of the public
street and creating a safety hazard. The latest traffic counts show
Pleasant Forest Drive to carry 4300 vehicles per day. The service
volumes expected on a collector street is 5000 vehicles per day. With
the increase in enrollment by approximately 40%, vehicle stacking will
increase. Provide a traffic circulation plan showing the projected
number of vehicles, lengths of stack, circulation of vehicles out of the
public street.
February 28, 2008
ITEM NO.: 3 (Cont.) FILE NO.: Z-5683-C
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
CenterPoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Fire hydrant may be required. Contact Captain Dennis
Free at Little Rock Fire Department; Phone #918-3757.
County Planning: No Comments.
CATA: The site is not located on or near a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008)
The applicant was present. Staff presented the item and noted additional
information was needed on the ages of children enrolled at the school and the
number of employees. Staff asked the applicant to locate and describe signage
and fencing. It was noted that the school proposed to increase enrollment from
90 students to 130. It was also noted that the subdivision’s bill of assurance
appeared to still be in force and prohibited the proposed use. In response to a
question from staff, the applicant stated there would be no outside activities on
the added site, other than a walkway from the building to the existing school
building.
Public Works and Landscape Comments were discussed. Public Works staff
expressed concern about vehicle stacking on Pleasant Forest Drive and asked
the applicant to provide a traffic circulation plan.
The Committee cautioned the applicant about the potential bill of assurance
issue.
After the advising the applicant to submit responses to staff issues by
February 13, 2008, the Committee forwarded the item to the full Commission.
February 28, 2008
ITEM NO.: 3 (Cont.) FILE NO.: Z-5683-C
4
STAFF ANALYSIS:
The Little Rock Montessori School is located on the R-2 zoned, 0.95 acre tract at
3704 Woodland Heights Road. The school was in existence when this area was
annexed to the City in 1974.
On June 1, 1993, the Planning Commission approved a conditional use permit to
allow for an addition onto the existing building. The addition was proposed to
provide a “nap room” for the smaller children and an extra room for after school
activities. A 13-space parking lot was located on the east side of the building.
The school had an enrollment of 85 children with 15 employees, requiring 24
parking spaces. No increase in enrollment was proposed. This addition was not
constructed and, after three years, the C.U.P. was no longer valid.
On July 23, 1998, the Commission approved a conditional use permit to allow for
construction of an addition onto the existing building. The addition was to be
smaller than that approved in 1993. Again, the use was nap room and after
school activity area. No increase in enrollment was proposed. The school
worked with the City on a redesign of the Woodland Heights/Rodney
Parham/Pleasant Forest intersection, resulting in the current parking lot design
on the east side of the building. A portion of the parking lot and driveway was
permitted to be in the right-of-way, resulting in 15 parking spaces. That addition
was constructed.
On September 30, 1999 a conditional use permit was approved to allow for
construction of a drop-off area off of Pleasant Forest Drive, on the north side of
the school. Again, no increase in enrollment or number of employees was
proposed. They remained at 85 and 15 respectively.
The School is now requesting approval of a conditional use permit to allow two
major changes. First, is to expand the school property by taking in the single
family residence located adjacent to the school at 11701 Pleasant Forest Drive.
The school proposes to remodel the residential structure to convert it into a two
classroom facility with library. Second, is to expand the school’s enrollment from
90 students to 130 and to expand employee numbers from the current number of
10 to 14 (Note: the school has previously had 15 employees.). The school
proposes to expand its curriculum to add grades 1 and 2. The ages of the
children currently range from 22 months to 5 years old. The exterior of the house
will remain as is with the exception of removing the garage door and installing
siding to match the rest of the house. The existing playground area will be
improved and a covered walkway will be constructed to connect the existing
school building with the structure at 11701 Pleasant Forest Drive. There will be
no outdoor activities on the new site. The existing driveway on the residential lot
will be utilized for parking of two teachers’ vehicles.
February 28, 2008
ITEM NO.: 3 (Cont.) FILE NO.: Z-5683-C
5
Staff is not supportive of the proposal. Since the school’s annexation into the
City, there have been three subsequent conditional use permit applications
reviewed by the Planning Commission. Two things have remained constant
throughout those reviews. The school campus did not expand and the
enrollment numbers remained the same. This current proposal expands the
school use area by taking in a single-family residence and converting it into
classroom and library space. Additionally, the school’s enrollment is to increase
by 40 students, a 44% increase. The curriculum is to expand with the addition of
grades 1 and 2. No changes are proposed to the current parking and drop-off
arrangements. Stacking for drop-off and pick-up is to continue on Pleasant
Forest Drive during peak hours. Public Works staff has reviewed the traffic
circulation plan submitted by the school and cannot support a proposal which
results in additional vehicle stacking on Pleasant Forest Drive.
The 1979 Bill of Assurance for Pleasant Forest Park Subdivision appears to still
be in force and contains the following statement, which is pertinent to the current
issue:
“No lot which is designated as a single family lot shall be used
except for single family residential purposes.”
The applicant states he is aware of that issue and is pursuing amending the bill
of assurance.
STAFF RECOMMENDATION:
Staff recommends denial of the C.U.P.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
February 26, 2008 requesting the application be deferred to the April 10, 2008
Agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays and 2 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 April 10, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: 4 FILE NO.: Z-5820-B
NAME: The Anthony School – Revised Conditional
Use Permit
LOCATION: 7700 Ohio Street
OWNER/APPLICANT: The Anthony School/Sharon Morgan
PROPOSAL: A conditional use permit is requested to allow for an
addition onto the existing private school located on
this R-2 zoned tract.
1. SITE LOCATION:
The site is located on the north side of Ohio Street; west of Mississippi
Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The Anthony School property is located near the fringe of what is primarily
a single-family neighborhood; at the area where uses transition from
single family to multifamily and more intensive uses. Single-family homes
are located to the immediate north, west and south. Several homes have
been removed from the lots to the south. An MF-12 zoned condominium
development is adjacent to the east. One block to the east and north are
multiple commercial uses fronting on Cantrell Road and Mississippi. The
school has existed at this site for many years and, under this proposal, is
not expanding beyond its current property boundary. The use should
continue to be compatible 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 Meriwether Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The school has 38 classrooms serving children ages 3 years to grade 8.
The school currently has 403 students with a facility capacity of 460-470
students. There are currently 46 employees with the planned addition of a
part-time school nurse. Access to the site is off of Ohio Street. 38 parking
spaces are located on-site, in front of and to the west side of the school
buildings. Stacking space is provided in the driveway that enters from
Ohio and extends along the west side, exiting onto Iowa Street. No
changes are proposed to either driveways or parking.
February 28, 2008
ITEM NO.: 4 (Cont.) FILE NO.: Z-5820-B
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
A small amount of building landscaping will be required between the
parking lot and this new building.
All dead/diseased plant material must be replaced in conjunction with this
request.
All fencing and dumpster enclosures should be in good repair or replaced
in conjunction with this request.
Street trees are recommended.
An automatic irrigations system to water landscaped areas will be
required.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Iowa Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Ohio Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
3. At time of dedication, obtain a franchise agreement from Public Works
(Bennie Nicolo, 371-4818) for the private improvements located in the
right-of-way.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Centerpoint Energy: No comment received.
February 28, 2008
ITEM NO.: 4 (Cont.) FILE NO.: Z-5820-B
3
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. 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 hydrant may be required. Contact Captain Dennis
Free at Little Rock Fire Department; Phone # 918-3757.
County Planning: No Comments.
CATA: The site is not located on or near a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008)
The applicants were present. Staff presented the item and noted additional
information was needed regarding existing and proposed enrollment, current and
proposed number of employees, number of classrooms by grade, fencing,
signage and site lighting. Staff asked the applicant to provide a description of the
proposed building construction and to provide a more detailed description of the
uses proposed for the addition. The applicants were asked to locate the
mechanical equipment. Staff asked if the building would be made available for
use by groups and organizations outside of The Anthony School.
Public Works, Utility and Landscape Comments were noted and discussed.
The applicants commented that there were no plans to increase grades or to
increase enrollment above the present level of 450 students. The applicants
stated a neighborhood meeting was scheduled for February 19 at the school.
After advising the applicants to respond to staff issues by February 13, 2008, the
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The Anthony School, a private school, is located on the R-2 zoned, 4.3± acre
tract. A revision to the previously approved conditional use permit is requested
to allow for construction of a 21,000 square foot cafeteria and general education
February 28, 2008
ITEM NO.: 4 (Cont.) FILE NO.: Z-5820-B
4
addition onto the rear of the existing school building. No expansion of the school
property is proposed.
The addition will be arranged on two levels to the north of the existing
gymnasium. The addition will be used for a variety of educational support,
classroom and food service uses by the school. The cafeteria addition will be
used as a secondary drop-off area for students, an after school care area, 3 and
4 year old skate area, theater and stage for recitals, food preparation and service
area and a stage area for educational events. Building height will be 38 feet and
the building will be constructed of brick and metal to match the existing school.
The standing seam metal roof will have a 2:12 pitch. Mechanical equipment will
be roof mounted, in a location to be determined. Site lighting will be limited to the
new addition. Any additional lighting will be determined at a later date. New
signage will consist of a small ground sign on the west side of the new addition
and wall signage on the west wall.
The school has allowed other groups to schedule use of its facilities. That will
continue. In the past, groups such as boy scouts, cub scouts, girl scouts, home
school organizations and athletic organizations have used The Anthony School
facilities.
The School currently has 403 students enrolled for the spring 2008 semester.
Projection for the 2008-2009 school year is approximately 27 to 30 new students.
The existing facility capacity is 460 to 470 students. There are currently 46
employees with the possible addition of a school nurse for the 2008-2009 school
year. Listed below is the number of classrooms by grade:
GRADE NUMBER OF
CLASSROOMS NUMBER OF
CLASSROOMS
3 Year 3 Physical Education 1
4 Year 4 Music 1
Kindergarten 3 Spanish 1
1st 3 Violin 1
2nd 2 Computer 2
3rd 2 Writing Lab 1
4th 2 Tutor Room 2
5th 2 Art 2
6th 2 Gym
7th 2 Cafeteria
8th 2
TOTAL
CLASSROOMS 38
February 28, 2008
ITEM NO.: 4 (Cont.) FILE NO.: Z-5820-B
5
The applicant submitted responses to Subdivision Comments as noted in the
analysis above. The school has stated they will comply with Public Works, Utility,
Fire Department and Landscape Comments. There is no bill of assurance for
this acreage tract.
To staff’s knowledge, there are no outstanding issues. Staff supports the
proposed C.U.P. to allow the classroom/education addition.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. 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 new site lighting is to be shielded downward and into the site.
3. The roof mounted mechanical equipment is to be screened from adjacent
residential property.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: 5 FILE NO.: Z-7980-A
NAME: Entergy Substation – Revised Conditional Use Permit
LOCATION: 14250 Colonel Glenn Road
OWNER/APPLICANT: Mintons, Koban, Young/Entergy
PROPOSAL: A conditional use permit is requested to allow for
revision of a previously approved C.U.P. to allow a
utility substation on this R-2 zoned property.
1. SITE LOCATION:
The site is located on the south side of Colonel Glenn Road; west of
Cooper Orbit Road. The property is located outside of the city limits but
within the City’s zoning jurisdiction.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area characterized primarily by single-family
residences on large tracts and large areas of undeveloped properties.
The substation was approved by the Commission on May 11, 2006 and
subsequently approved by the Board of Directors on February 20, 2007.
Relocating the access drive to the south, within the existing Entergy
transmission line right-of-way will not affect the substation’s compatibility
with the area in a negative manner.
All owners of properties located within 200 feet of the site and all residents
within 300 feet who could be identified were notified of this request.
3. ON SITE DRIVES AND PARKING:
The substation access drive will include a 15-foot concrete apron at the
intersection with Lawson Road. From the concrete apron, approximately
85 feet of the access drive will be paved with asphalt. The remainder of
the access drive and the area within the substation will be surfaced with
gravel. Parking area is available for service vehicles.
4. SCREENING AND BUFFERS:
Site must be developed to comply with the City’s landscape and buffer
ordinance.
February 28, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-7980-A
2
Buffer and screening are required where the site is adjacent to
residentially zoned or used property. Screening may be either a solid
fence or wall or dense evergreen plants.
5. PUBLIC WORKS COMMENTS:
1. Plat Requirements
a. Colonel Glenn Road is classified on the Master Street Plan as a
principal arterial. Dedication of right-of-way to fifty-five (55) feet
from centerline will be required.
b. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Colonel Glenn Road including 5-foot sidewalks with planned
development.
2. The property appears to be within the 100-year floodplain and is
beyond the City Limits. Contact Pulaski County Planning Department
pertaining to development requirements in the floodplain.
3. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersection of Lawson Road and the access easement
complies with 2004 AASHTO Green Book standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Property is outside of current service boundary. No
comment.
Entergy: No comment received.
CenterPoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Additional fire hydrant(s) may be required. Contact the Fire
Department having jurisdiction 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. Located outside Little Rock
City Limits. Provide approval and comment from local Volunteer Fire
Department.
County Planning: Access from Lawson Road appears to be located in the
Floodway and Floodplain. No fill allowed in the floodplain without a
February 28, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-7980-A
3
development permit from the County. No fill allowed in the floodway
without a no rise certificate or no adverse impact. Contact Pulaski
County Planning.
CATA: Outside service areas.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008)
The applicants were present. Staff presented the item and noted there were
some issues that needed to be addressed. In response to a question from staff,
the applicant stated the proposed new access road was located entirely within an
existing utility right-of-way easement. Staff asked if the new driveway would be
paved. The applicants were asked to locate and describe any fencing and gates
and to label areas to be cleared and to be left wooded. The applicants were
asked to provide a statement from the local volunteer fire department indicating
that the proposed new access was acceptable and sufficient to provide access to
the site.
In response to questions, the applicants stated the driveway was relocated to
avoid a tributary that crosses the site. They stated more trees could be
preserved on the north perimeter, reducing visibility of the site.
Public Works, Landscape, Utility and County Comments were discussed.
Pulaski County Planning Director Van McClendon was present and spoke about
flood plain/floodway concerns. The applicants were advised to address those
issues and provide responses to staff.
In response to a question, the applicants stated the lots had not been final
platted, due to an ongoing lawsuit, which objectors had filed over the City’s
approval of the plat and C.U.P.
The applicants were advised to respond to staff issues by February 13, 2008.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On May 11, 2006, the Planning Commission approved a conditional use permit to
allow construction of an Entergy Utility Substation on this R-2 zoned tract. A
preliminary plat was also approved, creating a 3-lot residential plat with a
variance to allow a lot without public street frontage. An access easement was
approved to provide access off of Colonel Glenn Road to the lot. It is on this lot
that the substation was approved. On February 20, 2007, the Board of Directors
upheld the Commission’s action, approving the plat and C.U.P. Objectors filed
suit, seeking to overturn the City’s action. That trial is pending.
February 28, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-7980-A
4
Entergy has filed a revision to the previously approved conditional use permit.
The utility proposes to take access from Lawson Road to the substation site,
rather than from the access easement onto Colonel Glenn Road. That access
easement, which was a part of the approved plat, will remain in place but will not
be used by Entergy. The access road to Lawson will be constructed entirely
within an existing Entergy transmission line right-of-way.
Under the presently approved C.U.P., access to the substation would extend
from Colonel Glenn Road, across Tract 1 of the 3-lot subdivision and across an
unnamed tributary of McHenry Creek. Taking access from Lawson Road will
make use of the existing utility right-of-way easement. This proposed access will
minimize the impact caused by access to the subdivided property and eliminate
the need for channelization work to the unnamed tributary. Also, the substation
has been reduced from a 3-transformer bay structure to a 2-bay structure and the
northern fence line has been revised to allow for less visibility from the north.
The site plan has been slightly modified to adjust to the boundary set by the court
as a result of a boundary dispute.
The substation will be enclosed by a 7-foot tall chain link fence topped by 3
strands of barbed wire, for a total height of 8 feet. Two gates will provide access
to the substation. An additional steel gate is proposed on the access drive itself,
approximately 100 feet off of Lawson Road. A letter of approval has been
provide by the Crystal Fire Protection District No. 24. Signage will include an
aluminum sign with Entergy name, logo and substation name. The sign will be
mounted on the south fence of the substation. Applicable warning signs will also
be included. A letter from an engineer certifying sight-distance for the driveway
onto Lawson Road has been provided to Public Works. The applicant is working
with Pulaski County Staff to comply with applicable development requirements in
the floodplain.
To staff’s knowledge, there are no outstanding issues. There is no bill of
assurance for this acreage, preliminarily platted tract.
STAFF RECOMMENDATION:
Staff recommends approval of the revised C.U.P. subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
February 28, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-7980-A
5
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
February 27, 2008 requesting the application be deferred to the April 10, 2008
Agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays and 2 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 April 10, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: 6 FILE NO.: Z-8311
NAME: Chenal Adult Day Services Adult Day Care Center
– Conditional Use Permit
LOCATION: 805 Kirby Road
OWNER/APPLICANT: Claire Bailey/Lynda Sikes
PROPOSAL: A conditional use permit is requested to allow use of
the residential structure on this R-2 zoned tract as an
adult day care center.
1. SITE LOCATION:
The property is located on the east side of Kirby Road; approximately
1,000 feet north of Kanis Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is principally single family in use
and zoning. Properties to the north, east and south are occupied by
varying types of single family residences on larger lots. The R-2 property
across Kirby Road to the west is undeveloped. An as-yet undeveloped
single family subdivision is proposed for the PRD zoned tract to the
southwest. More urban single family neighborhoods are located just to the
north and east. Two churches are located to the north.
This relatively small day care use could serve as a good transition
between the mixed office commercial development, which will occur at
some point to the south and the residential uses. The adult day care
center will not generate the type of outside activity typically associated
with a children’s day care. The use should be relatively quiet and low
impact in nature.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Parkway Place
Neighborhood Association were notified of this request.
February 28, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-8311
2
3. ON SITE DRIVES AND PARKING:
The site currently has a standard, residential, two-car driveway, with
access off of Kirby Road. The daycare is proposed to have an enrollment
of 20 clients with 5 employees, requiring 7 on-site parking spaces. The
applicants propose to construct 2 spaces off of the driveway in front of the
house. The driveway is proposed to extend to the rear yard where an
additional 6 spaces are to be constructed. The applicants are requesting
a 2-year deferral of the requirement to pave the new parking area.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
Any new parking must comply with the zoning parking ordinance, buffer
ordinance, and the landscape ordinance. Currently, it appears the parking
area is being proposed in the required landscape and buffer area; revise.
The zoning buffer ordinance requires an eight foot wide land use buffer
along both the northern and southern property line next to the residentially
zoned properties. Seventy percent (70%) of this area is to remain
undisturbed. Any/all trees located within this area must be preserved.
The zoning buffer ordinance requires a nineteen foot wide (19’) land use
buffer along the eastern property line next to the residentially zoned
property. Seventy percent (70%) of this area is to remain undisturbed.
Any/all trees located within this area must be preserved.
The zoning buffer ordinance requires an average nineteen foot wide (19’)
street buffer and in no case less than half along the western property line
next to the street.
The property to the north, south and east is zoned residential, therefore, a
six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the northern, southern, and eastern perimeters of the site.
5. PUBLIC WORKS COMMENTS:
1. Kirby Road is classified on the Master Street Plan as a collector street.
A dedication of right-of-way thirty (30) feet from centerline will be
required.
February 28, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-8311
3
2. Due to the new driveway, provide a letter prepared by a registered
engineer certifying the sight distance at the intersection of Kirby Road
and the driveway complies with 2004 AASHTO Green Book standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer not available to this property at this time. Little Rock
Wastewater is in the process of constructing sewer mains to serve this
area and project should be completed in 2008.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. If a larger and/or additional water meter(s) are
required, a Capitol Investment charge based on the size of
connection(s) will apply to this project in addition to normal charges. If
this development takes place, please contact Central Arkansas Water
to change this to a commercial class meter.
Fire Department: Fire hydrant may be required. Contact Captain Dennis
Free at Little Rock Fire Department; Phone # 918-3757.
County Planning: No Comments.
CATA: The site is not located on or near a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008)
The applicants were present. Staff presented the item and noted additional
information was needed regarding fencing, signage and site lighting. The
applicants were advised to provide a site plan showing a properly designed
parking lot. The applicants were advised that the parking and drives would need
to be paved or a variance approved. Staff noted the bill of assurance submitted
with the application. Staff questioned if the bill of assurance was correct and
advised the applicants to do further research at the county.
Public Works, Landscape and Utility Comments were discussed. Public Works
staff stated the proposed circular driveway would not be allowed unless a
registered Engineer certified sight distance in compliance with AASHTO Green
Book standards.
February 28, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-8311
4
The applicants were advised to respond to staff issues by February 13, 2008.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned, .92± acre tract located at 805 Kirby Road is occupied by a one-
story, brick and frame, single family residential structure. The applicants are
requesting approval of a conditional use permit to allow use of the structure as an
adult day care center. Eight parking spaces are proposed to be constructed on
the site; two in the front yard and six in the rear yard.
The day care is proposed to have an enrollment of 20 clients with 5 employees.
Days and hours of operation are proposed as Monday through Friday, 7:30 a.m.
to 5:30 p.m. The rear yard is currently enclosed with a 4-foot tall chain link fence.
Dense evergreen shrubs will be planted along the north, east and south
perimeters to provide screening. A small ground sign (4’ tall, 30” X 26” in area)
will be placed in the front yard. Pole mounted security lights are proposed in
both the front and rear yards, at the parking areas.
The day care is currently operated in an office building on Hardin Road. The
facility is licensed by the Arkansas Office of Long-Term Care. The applicants
desire to relocate the facility to a location that will provide a home-like
environment and will allow their clients to enjoy the outdoors during those times
of year when the weather permits.
Staff is supportive of the proposed use. The property is located at the edge of a
residential neighborhood. Other institutional type uses are located to the north.
The property is not a small lot in a dense urban neighborhood. Adjacent
properties are similar in size or larger than this 1.0± acre tract, providing
adequate separation between uses. The relatively small day care will not
generate traffic to a degree that will impact the street or the neighborhood.
The applicant is requesting a two-year deferral of the paving requirement for the
new parking spaces. Staff can support the deferral for the parking in the rear
yard. The new spaces in front should be paved with opening of the day care.
The applicant did respond to issues raised at Subdivision Committee as noted in
the analysis above. A proposed circular driveway has been removed from the
plan. The fire department has determined the site is within required distance
from an existing fire hydrant. The applicant has visited with the utility agencies
and has addressed their comments. The 1918 bill of assurance for Asbury Acres
is mostly illegible but likely does not address use issues.
February 28, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-8311
5
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of a two-year deferral of the paving requirement for
the new parking spaces located to the rear of the residence.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
Jeff and Lynda Sikes were present, representing the application. There was one
(1) person present with concerns and one (1) person present in support. Staff
presented the item with a recommendation of approval.
The Sikes addressed the Commission in support of the application. Jeff Sikes
expressed a desire to move the day care use from its current location to have a
more home-like environment. Lynda Sikes described the proposed day care use.
She explained that there was a desire to have a day care location with yard
space for the clients. She noted that additional landscaping would be installed
around the parking area in the rear yard. She stated that the height of the
proposed sign could be reduced. She also explained that the proposed day care
use was a quiet, low-key use.
Commissioner Nunnley asked about the maximum number clients. Ms. Sikes
stated that the maximum would be 20 clients.
Ross Phillips addressed the Commission in support of the application.
Grant Cox addressed the Commission with concerns on behalf of the Parkway
Place Neighborhood Association. He noted that his main concern was with the
proposed use, if approved, leading to other future changes in the residential
neighborhood. He expressed concern with traffic in the area. He noted that the
proposed sign needed to be lower than four (4) feet.
Lynda Sikes amended the application to have a maximum sign height of three (3)
feet and to install screening shrubs along the west side of the rear parking lot
(between the parking and the street).
There was a motion to approve the application as amended by the applicant and
recommended by staff. The motion passed by a vote of 10 ayes, 0 nays and
1 absent. The application was approved.
February 28, 2008
ITEM NO.: 7 FILE NO.: Z-8312
NAME: Glory Divine Christian Academy Day Care Center
– Conditional Use Permit
LOCATION: 2824 John Barrow Road
OWNER/APPLICANT: Chris Megee/Tom Megee, Felicia Hill, Fateema Smith
PROPOSAL: A conditional use permit is requested to allow use of
the existing building on this MF-24 zoned site for a
day care center.
1. SITE LOCATION:
The property is located on the west side of John Barrow Road, at
29th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property fronts onto John Barrow Road, an arterial street that bisects
the John Barrow neighborhood. The property is located at the northern
edge of the residential neighborhood and serves as a transition to the
more intensive uses located to the north. A recently approved PD-R for a
duplex residential development is located to the west. A Mixed Use PCD
development is proposed adjacent to the north. Six lots of MF-24 zoned
property (owned by this same property owner) separate the proposed day
care from the commercial component of the Mixed Use PCD. Vacant
residential property is located to the south and east. The proposed use is
appropriate for this site.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the John Barrow and Twin
Lakes Neighborhood Associations were notified of this proposal.
3. ON SITE DRIVES AND PARKING:
Gravel parking areas are located both in front and behind the building.
Access is off of John Barrow Road and West 29th Street. The applicants
are requesting a 24-month deferral of the paving requirement to allow
continued use of the gravel parking. Staff supports the deferral.
The day care is proposed to have an enrollment of 77 children with 10
employees, requiring 17 on-site parking spaces. The proposed site plan
indicates constructing new parking to replace the gravel parking areas.
February 28, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8312
2
The new parking lots will contain 18 spaces with additional room to add
more parking if needed.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
The zoning buffer ordinance requires an average thirteen foot (13’) wide
street buffer and in no case less than nine (9’) along both John Barrow
Road and Ludwig Streets.
The zoning buffer ordinance requires an average seventeen foot (17’)
wide street buffer and in no case less than nine foot (9’) along 29th Street.
The landscape ordinance requires a nine foot wide (9’) landscape
perimeter around the sites entirety. A variance from this minimal amount
will require a variance from the City Beautiful Commission prior to the
issuance of a building permit.
Street trees are recommended.
An automatic irrigation system to water landscaped areas will be required.
Upon paving of this site the parking lot must comply with the parking
ordinance, the buffer ordinance and the landscape ordinance.
5. PUBLIC WORKS COMMENTS:
1. John Barrow Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way forty-five (45) feet from centerline
will be required.
2. Due to the proposed use of the property, the Master Street Plan
specifies that W. 29th Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
3. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of John Barrow Road and W. 29th Street.
4. Per the Boundary Street Ordinance, if the property is redeveloped or
further developed in the future, construct one-half street improvements
to W. 29th Street including 5-foot sidewalks in conformance with the
Master Street Plan.
February 28, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8312
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: May require fire sprinklers and fire hydrant. Contact
Captain Dennis Free at Little Rock Fire Department; Phone
# 918-3757.
County Planning: No comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008)
The applicants were present. Staff presented the item and noted additional
information was needed regarding signage, fencing and site lighting. The
applicants had a “work in progress” site plan. They were advised to submit a
complete site plan to staff.
Public Works, Utility and Landscape Comments were discussed. The applicants
were advised to meet with those reviewing agencies if there were questions.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The MF-24 zoned property located at 2824 John Barrow Road is currently
occupied by a one-story, 4,000± square feet, frame, non-residential structure and
gravel parking areas. The building has a history of non-residential use and until
recently was occupied by a building contractor. The applicants are requesting
approval of a conditional use permit to allow use of the building for a day care
center. A deferral of the paving requirement is requested for 24 months to allow
continued use of the gravel parking areas.
February 28, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8312
4
The day care center is proposed to have an enrollment of 77 children, ages
6 weeks to 12 years. The business is proposed to have 10 employees. Days
and hours of operation are proposed as Monday through Friday, 6:00 a.m. to
12:00 a.m. A fenced playground is to be located adjacent to the north side of the
building. There will be lighting at the building’s entrances and any parking lot
lighting will be shielded downward and into the site. Signage will consist of wall
signs on the east and south facades and a single ground sign not to exceed 6
feet in height and 64 square feet in area. No dumpster is shown. Any dumpster
or trash area must be enclosed by screening and located to the rear of the
building.
The proposed site plan indicates parking lots in front of and behind the building.
Required landscape areas and right-of-way dedication have been indicated.
Existing natural vegetation should provide the required buffer on the west
perimeter. The day care is proposed to occupy the south 6 lots of this block.
The north 6 lots are owned by the same property owner. Although the required 9
foot landscape strip is provided along the north edge of the proposed parking
areas, the full buffer width of 17 feet is not met. Additionally, the playground area
is located within the buffer. Staff supports a reduction in the buffer in light of the
common ownership and the nonconforming status of both properties. When this
site is developed with the new parking and landscaping, a 6-foot wood privacy
fence should be installed along the north perimeter to provide screening.
To staff’s knowledge, there are no outstanding issues. The applicant responded
to issues raised at Subdivision Committee as reflected in the analysis above.
The 1907 bill of assurance for John Barrow Addition does not address use
issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. 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 dumpster/trash collection area is to be located behind the building and
screened to comply with code.
Staff recommends approval of the reduced buffer width subject to a 6-foot tall
opaque wood fence being installed along the north perimeter of the site at the
time the new parking and landscaping are installed.
Staff recommends approval of a 24-month deferral of the paving requirement to
allow continued use of the existing gravel parking areas.
February 28, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8312
5
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The applicant was present. The Chairman asked if there were any persons
present opposed to the application, having one (1) card in opposition. There
were no objectors present. Staff presented the item with a recommendation of
approval.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was
approved.
February 28, 2008
ITEM NO.: 8 FILE NO.: G-25-199
Name: Marshall Street – Street Name Change to
“Children’s Way”
Location: That portion of Marshall Street located
between West 7th Street and Daisy L. Gatson
Bates Drive (14th Street)
Petitioner: Arkansas Children’s Hospital
Request: To change the name of that portion of Marshall
Street between West 7th Street and Daisy L.
Gatson Bates Drive to “Children’s Way”.
Abutting Uses and Ownerships:
All properties along this affected section of Marshall are owned by Arkansas
Children’s Hospital, or by their controlled subsidiaries, except for:
• Interstate I-630 Right-of-Way, bridge and ramps, which encompasses the
whole length of Marshall between 7th and 8th, by the AHTD.
• Property at the SE corner of Marshall and 7th, the parking lot for the 1515
Building, owned by the State of Arkansas, Arkansas Building Authority.
There is no access or address onto Marshall to this property. The
applicant has spoken with Anne Laidlaw, Director of ABA. She states that
the State has no objection to the proposed renaming.
• The Westside Lofts apartment building, 1300 Marshall, owned and
operated by ARC of Arkansas. The management and tenants of this
building have been approached by ACH and offered assistance in change
of address, as noted separately.
ACH has also contacted the Acting Postmaster and Public Works naming office,
with no objections to the renaming from either.
All ACH mail is delivered to the main 800 Marshall address and distributed from
there. However, the many ACH-controlled facilities along Marshall represent a
vast number of entities and programs, and thousands of employees. A sampling
is included below:
February 28, 2008
ITEM NO.: 8 (Cont.) FILE NO.: G-25-199
2
700 Block
West Side
AHTD – I-630 ROW
East Side
State of Ark – 1515 Bldg. parking lot
800 Block
West Side
Main Hospital
• All patient beds, surgeries,
specialty treatment areas, over a
dozen clinics, plus offices.
East Side
Patient Parking Lot
‘Pulse Center’ simulation education cntr.
900 Block
West Side
Sturgis Building –
• Several clinics, Out-patient
Pharmacy, Physician and staff
offices, main Laboratory,
conference suite and main
Library.
East Side
Patient Parking Lot
1000 Block
West Side
Patient Parking Lot
ACH Energy Center
East Side
‘East Campus’ – Daycare Center,
Fitness Center, Nursing Offices, Campus
Security, ‘Children’s Hall’ Conference Center
1100 Block
West Side
Laundry Building (warehouse and shops)
Ark. Children’s Research Institute
Brandon Conference Center (7 story)
• Includes conference center, clinics,
the ACH Foundation
East Side
ACH Shuttle Parking lot
1200 Block
West Side
Arkansas Children’s Nutrition Ctr.
Ark. Children’s Research Institute Add’n
East Side
ACH Shuttle Parking lot
1300 Block
West Side
Westside Lofts
East Side
ACH ‘Circle of Friends’ Clinic
February 28, 2008
ITEM NO.: 8 (Cont.) FILE NO.: G-25-199
3
Report on tenant notifications at Westside Loft Apartments
Mr. Scott Allen, ACH Director of Community Outreach performed the following
contacts with the stated results.
January 17: Hand-delivered letters to all 33 apartments + Owner at Westside
Loft Apartments, asking for approval of street name change.
January 18: Knocked on doors as a follow-up and to ask for Signature of
Approval.
Results as of January 21:
• Ten people signed approval.
• Two people objected and did not sign.
• Two people objected in writing.
• Have not been able to contact the rest.
• Seven apartments appeared to be vacant.
• Steven Hitt, CEO of ‘The Arc Arkansas’ (building owner) gave verbal
approval and has followed up with a letter of approval.
The connected Dennis Development Center (not a Marshall addressee, but
attached to the Westside Lofts) sent an e-mail expressing their Approval of the
name change.
If received, further responses from tenants will be forwarded to City Planning
ASAP.
Neighborhood Effect:
Other than the effect of changing addresses, renaming the street should have no
effect on the neighborhood. By and large, the proposed name change affects the
area of Marshall Street located within the Hospital Campus. Two blocks of the street
(8th – 10th Streets) are no longer public right-of-way. That portion of Marshall was
abandoned in September 2006.
Neighborhood Position:
The position of those affected by the name change is noted above. The majority of
individuals/entities affected have agreed to the name change. Notice was also sent
to the Central High Neighborhood Association. As of this writing, the Association
has voiced no opinion.
February 28, 2008
ITEM NO.: 8 (Cont.) FILE NO.: G-25-199
4
Effect on Public Services:
No public services have objected to the proposal.
STAFF ANALYSIS:
Arkansas Children’s Hospital desires to rename Marshall Street to “Children’s
Way”, from 7th Street north of I-630, south to Daisy L. Gatson Bates Drive. This
includes the portion of Marshall Street between 8th and 10th, already abandoned
to ACH by Board action, but partly open to traffic as a private drive.
The purpose of the renaming is to facilitate campus wide Wayfinding
improvements, helping families and visitors find their way on campus. This
includes a consistent name and addressing scheme for major campus structures.
As Marshall Street is the consistent spine connecting buildings the public
commonly visit, it is logical to tie them together with a street name related to their
common purpose and ownership.
STAFF RECOMMENDATION:
Staff recommends approval of the street name change.
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
Staff noted that the applicant revised the application to be a street name change
south of West 8th Street to Daisy Bates Drive, eliminating the proposed name
change north of West 8th Street to West 7th Street.
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 9 ayes, 0 nays and 2 absent.
February 28, 2008
ITEM NO.: 9 FILE NO.: 314
NAME: Crackerbox Annexation
REQUEST: Accept 1.7 acres plus or minus to the City
LOCATION: Northwest of the Kirby-Kanis intersection
SOURCE: Carrie Holyfield, Agent for the Property Owners
GENERAL INFORMATION:
• The area requested for consideration is currently undeveloped.
• There is one tract with one owner.
• The site is contiguous to the City of Little Rock along two sides.
• The annexation request is to obtain sewer service and other City services.
• The area in question is trapezoid in shape, 364 feet along the east, 284
feet along the north, 182 feet along the west and 332 feet along the south.
• Currently the property is zoned C-1, Neighborhood Commercial.
• The property owners have indicated the intention to develop this land as a
convenience store with gas pumps.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department has indicated they have no real concerns
about the annexation of this land to the City of Little Rock.
Station 20 is a little over half a mile to the north of the annexation on Oak
Meadow Drive just west of Kirby Road. Trucks already pass by this site in order
to provide service to areas of Little Rock beyond this site to the southeast and
southwest.
Police: The Little Rock Police Department has indicated they have no concerns
or issues with the requested annexation.
Patrol vehicles already travel both Kirby and Kanis Roads to provide service to
other areas currently within the City.
February 28, 2008
ITEM NO.: 9 (Cont.) FILE NO.: 314
2
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
There is no regularly schedule bus route close to this site. The closest route is
the West Markham Route (Route 5). At its closest point this route is over a mile
to the northwest of the annexation area, Markham-Chenal intersection.
Parks and Recreation: No Comment Received.
The Little Rock Parks and Recreation Master Plan indicates that this site is within
8-blocks of an existing park or recreation area.
Public Works: The Public Works Solid Waste Division indicated they have no
issues with the annexation of this land. The Public Works Traffic Engineering
Division has indicated they have no issues with the annexation of this land. The
Public Works Department Civil Engineering indicates they have no issues with
the annexation of this land. At the time of development boundary street
improvements and street lights will be constructed by the developer.
Kanis Road is classified as a Minor Arterial and is not built to standard at this
location. Kirby Road is classified as a Collector and is not built to standard at this
location. As part of the development process required for this site’s
development, both of these streets would have to be constructed to Master
Street Plan Standard by the developer. The City would then have the
requirements of maintenance of the roads.
In addition to the road construction, drainage improvements would also be
required of the developer. In both the case of the road construction and drainage
improvements, the designs would have to be approved by the City Engineering
section of the Public Works Department. Since the proposed use is non-
residential, solid waste disposal would be by private contract and would not
increase demand on the City’s solid waste collection system.
Utilities:
Central Arkansas Water: No Comment Received.
There is a 12-inch line along Kirby Road and a 6-inch line along Kanis Road.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater Utility has indicated that they
have no objections to the requested annexation. The Utility is currently
February 28, 2008
ITEM NO.: 9 (Cont.) FILE NO.: 314
3
constructing mains in the area, which the property owner/developer should be
able to connect to later this year.
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 within the Pulaski Special School District. Baker
Elementary School is to the northwest (on Kanis Road) approximately a third of a
mile.
ANALYSIS:
This land is a mostly cleared site at the northwest corner of Kirby and Kanis
Roads. It is contiguous to the City Limits along its northern and eastern
boundaries. There is an approximate rise of 18 feet from Kanis Road north and
east. The high point is at the northeast corner of the property (on Kirby Road).
Neither Kirby nor Kanis have been improved both remain narrow two-lane county
roads with open-ditches.
There has been minimal development in the immediate vicinity over the last
several decades. Several subdivisions were developed to the north and east of
this area in the 1980s and early 1990s. More recently subdivisions have been
developed and are developing to the south (a quarter of a mile or so) and the
southwest (a quarter of a mile or so).
The City Land Use Plan has designated this intersection for non-residential use
for many decades. The land has been zoned C-1, Neighborhood Commercial for
a number of years. Kanis is shown on the City Master Street Plan as a Minor
Arterial (4 or 5 lane road), while Kirby is classified as a Collector (3-lane road).
The applicant has been to the Little Rock Planning Commission for approval of a
convenience store with gas pumps. This application after several public hearing
and some changes has now been approved for development. In order to
construct the proposed development, annexation is desirable for wastewater and
other services to the proposed new development.
This is vacant, undeveloped, land and with the development of this land street
and drainage improvements will be required of the private property owner. In
February 28, 2008
ITEM NO.: 9 (Cont.) FILE NO.: 314
4
addition with the development, connection to the various utilities would be done
at the cost of the developer. The Utilities and the City would only have future
maintenance costs.
There is development occurring to the northwest and southwest of this site. The
areas to the south are developing and areas to the north and east have
developed. While there are still areas in the immediate vicinity that have not
developed or redeveloped, this site is on the western edge of the development
within Little Rock. Suburban to urban development has already started further to
the west both to the north and south, thus this area is a natural location for
consideration of annexation to the City.
Staff Recommendation:
Approval
PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008)
The item was placed on the consent agenda for withdrawal. By a vote of 9 for
and 0 against the consent agenda was approved.