pc_04 10 2008
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
APRIL 10, 2008
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
Troy Laha
Jerry Meyer
Lucas Hargraves
Jeff Yates
Chauncey Taylor
Darrin Williams
J. T. Ferstl
Obray Nunnley, Jr.
Bill Rector
Valerie Pruitt
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the February 28, 2008 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
APRIL 10, 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. Z-5683-C Little Rock Montessori School Expansion – Conditional
Use Permit
11701 Pleasant Forest Drive
E. Z-7980-A Entergy Substation – Revised Conditional Use Permit
14250 Colonel Glenn Road
F. MSP07-04 University Avenue Design Standard Modifications
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. Z-8322 Salaam Day Care Family Home – Special Use Permit
1224 S. Pulaski Street
2. Z-4336-GG Children’s Hospital Rezonings from Various Districts
to O-2
Generally South of West 8th Street, North of Daisy
Bates Drive, West of M.L.K. Drive, and East of Schiller
Street
3. LU08-19-01 A Land Use Plan Amendment in the Chenal Planning
District from Multi Family to Neighborhood Commercial
and Community Shopping located at the southwest
corner of Champagnolle and Rahling Roads
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
3.1 Z-4807-I Rezoning from R-2 and MF-24 to C-1 and C-2; and O-2
to OS
Along Champagnolle Drive, west of the future extension
of Rahling Road
4. Z-8320 Rezoning from R-2 to C-3
Southeast corner of Mabelvale Cut-Off and Chicot Road
5. Z-8321 Rezoning from R-2 to C-3
18018 Kanis Road
6. Z-3895-C Francis Allen School – Revised Conditional Use Permit
816 N. Tyler Street
7. Z-8317 Davidson Accessory Dwelling – Conditional Use Permit
1601 – 1601 ½ Dennison Street
8. Z-8318 Schock Accessory Dwelling – Conditional Use Permit
1711 N. Palm Street
9. Z-8319 Ultimate Detail Truck Rental and Car Wash –
Conditional Use Permit
7101 Colonel Glenn Road
10. Z-8323 KATV Tower Conditional Use Permit
Two Towers Road
11. Z-8324 True Light Ministries Church and Day Care Center –
Conditional Use Permit
5120 West 65th Street
12. G-25-200 Bowman Plaza Drive – Street Name Change to
Colonel Glenn Plaza Drive and Colonel Glenn Plaza
Loop
13. A-315/Z-8325 Welspun Annexation/Zoning to I-3
Parts of Sections 22, 23, 26 and 27, T-1-N, R-11-W
West of Arkansas River, East and South of Thibault
Road and Frazier Pike.
April 10, 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
Abutting Uses and Ownerships:
Champlin Drive is currently built and platted for a length of approximately 660 feet
south of Rahling Road. It appears an undeveloped, C-1 zoned tract owned by Deltic
Farm and Timber is the sole abutting property on the west side. An undeveloped,
C-1 zoned tract owned by River City Energy abuts the east side of the street at the
SE corner of Champlin and Rahling. An MF-18 zoned apartment development
owned by USA Carrington Park, LLC also abuts the east side of the street.
Neighborhood Effect:
At this point, only the residents of the 220 unit Carrington Park Apartments have an
address on Champlin Drive. The applicant has proposed and Public Works staff has
approved a plan whereby the driveway entering the apartment complex would be
named Champlin Drive, thus allowing the residents of that complex to retain their
current address. From the south terminus of the current Champlin Drive to the north
terminus of the current Kirk Road, the new street connecting the two is under
construction and has not been accepted by the City or final platted. The street name
is not set until the final plat.
Neighborhood Position:
At the time of this writing, it appears that area property owners are not in total
agreement on the proposed name change. A representative of Deltic Timber has
voiced reservations about the name change and the ownership of the Carrington
Park Apartments has voiced opposition. Other area property owners, including
Rivercity Energy, the Whisenhunts, Chenal Valley Church, the Hortons and
Fellowship Bible Church have voiced support for the name change.
Abutting property owners were notified of the Commission hearing. Notice was also
sent to the Villages of Wellington Neighborhood Association.
April 10, 2008
ITEM NO.: A (Cont.) FILE NO.: G-25-198
2
Effect on Public Services:
No opposition has been voiced by any reviewing agency. One street name sign will
need to be changed.
STAFF ANALYSIS:
Whisenhunt Investments and other area property owners are requesting that the
name of Champlin Drive be changed to Kirk Road. Champlin Drive currently
exists and is platted for approximately 660 feet south of Rahling Road. Kirk
Road extends north of Chenal Parkway. A connection between the two is
currently under construction. One proposal has been to implement the change
from Kirk Road to Champlin Drive at a round-about to be constructed at the Kirk
Road/Arkansas Systems/Wellington Hills intersection with Kirk Road being south
of the round-about and Champlin being north. Under this application, the entire
road, from Chenal Parkway to Rahling Road, would be named Kirk Road.
Currently only one property on the affected portion of street is developed.
Carrington Park Apartments are located on the east side of Champlin Drive.
There are 220 apartments in the complex. The applicant has proposed and
Public Works staff has supported, naming the entrance drive into the apartments
Champlin Drive. This will allow the residents of that complex to maintain their
current address. The other properties abutting the street are undeveloped.
Area property owners appear to be divided on the name change proposal. The
applicant is continuing to work with area property owners to address their
concerns staff will withhold a recommendation until additional responses are
received.
STAFF RECOMMENDATION:
Staff’s recommendation is forthcoming.
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.
April 10, 2008
ITEM NO.: A (Cont.) FILE NO.: G-25-198
3
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.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicants were present. There were no objectors present. Staff informed the
Commission that they had received a letter from the owners of the Carrington
Park apartments indicating their support for the street name change. The
driveway to the apartments is to be named Champlin Drive and the residents of
the apartments will not have an address change. There was no further
discussion. The item was placed on the consent agenda and approved by a vote
of 11 ayes, 0 noes and 0 absent.
April 10, 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
April 10, 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 be 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 ft 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.
April 10, 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 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 10 ft. vertical retaining wall the
width of the terrace must also be 10 ft. and for a 15 ft. vertical
retaining wall the width of the terrace must not exceed 10 ft.
One of the applicant retaining walls is 16 ft. vertical and the
terrace is 9 ft. wide and another retaining wall is 12 ft. vertical
and the terrace is 5 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.
April 10, 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 nearly
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.
H. STAFF UPDATE:
On February 20, 2008, staff was given a letter from James C. Clark, Jr.,
attorney at law, representing Deltic Timber Cooperation the owner of the
property to the east of the retaining wall where the fill material was placed.
April 10, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0020
5
Mr. Clark states in his letter that Deltic Timber’s objection to the wall
heights and filling on there property has not been resolved.
The applicant is requesting the following variances from the Land
Alteration Regulations:
1. To exceed the maximum vertical wall height by 1 ft. The code allows
15 ft. tall and the applicant is requesting the wall to remain at 16 ft tall;
2. To exceed the total vertical height of the terrace walls by 6 ft. The
code allows 30 ft. tall and the applicant is requesting the total vertical
height of the terrace walls to be 36 ft tall;
3. To exceed the maximum slope of the terrace walls. The code requires
the terracing width to be at a ratio of at least one (1) ft. of horizontal
terrace for every one (1) ft. of vertical height, up to a maximum of ten
(10) ft. The applicant is requesting the ratio of the slope to be steeper
than at least one (1) ft. of horizontal terrace for every one (1) ft. of
vertical height, up to a maximum of ten (10) ft;
4. To landscape the terraces as explained in Paragraph F, Staff Analysis.
The code requires 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 requesting a landscape
design that appears to meet landscaping requirements except for the
planting of trees on each terrace.
The structural integrity of the walls has been questioned. During review of
building permits staff does not examine the design or integrity of terrace
walls on private property. Per the Land Alteration Regulations, staff only
looks at the total terrace height; individual wall height; materials; slopes;
and plantings.
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. The code also states the Planning
Commission may impose conditions on the approval of variances.
Per Sec. 29-187(d), appeals from the variance decision of the Planning
Commission shall be filed with the appropriate court of jurisdiction within
thirty (30) days of the decision of the Planning Commission.
April 10, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0020
6
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
Staff informed the Commission that the applicant had requested deferral of the
item. There was no further discussion. The item was placed on the consent
agenda and deferred to the January 17, 2008 agenda. The vote was 11 ayes,
0 noes and 0 absent.
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.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The item was introduced to the Commission by Mike Hood of Public Works. An
introduction of the application was given by the applicant ending with the
applicant requesting deferral of the item. The Commission was informed this
item could no longer be deferred by the applicant per the Planning Commission
By-Laws. Hearing the applicant reasoning, Commissioner Nunnley requested
the Commission to consider deferring the item to May 22, 2008 agenda so the
applicant could meet with Deltic Timber and its representatives. Mr. James Clark
representing Deltic Timber was questioned if he agreed with the deferral and he
replied that he was agreeable.
April 10, 2008
ITEM NO.: B (Cont.) FILE NO.: LA-0020
7
The chairman placed the item before the Commission for vote to defer the item to
the May 22, 2008 Planning Commission agenda. A motion to that effect was
made. The motion passed by a vote of 6 ayes, 5 nays and 0 absent.
April 10, 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.
April 10, 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.
April 10, 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.
April 10, 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.
April 10, 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.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
Bill Spivey and Tim Daters were present, representing the application. There
were seven persons present in opposition. Staff presented the application and
noted that the applicant had revised the application to increase the proposed OS
zoning along the east side of the Aberdeen neighborhood to 8.09 acres with a
minimum width of 200 feet, and to have the west 100 feet of the proposed MF-12
zoning be an undisturbed buffer area. Staff supported the revised application,
noting that the Aberdeen Neighborhood Association had submitted a letter also
supporting the revised application.
Bill Spivey addressed the Commission in support of the application. He noted
that he had met with the Aberdeen and Bayonne Neighborhood Associations.
He noted that Aberdeen was supportive of the revised application but he was
unable to satisfy Bayonne’s objection.
April 10, 2008
ITEM NO: C (Cont.) FILE NO.: Z-5097-K
6
Frank Pholkamp, of the Bayonne POA, spoke in opposition. He explained that
the proposed MF-12 was different from what Deltic Timber had presented for the
property in the past. He requested deferral until the issue is resolved.
Mr. Spivey noted that Deltic’s future plan maps for the Chenal area showed this
area as multifamily. He explained that there are no pending development plans
for the property.
Commissioner Rector asked how much MF-12 zoning currently existed at this
location. Tim Daters explained that there was approximately 32 acres of MF-12
and it would be reduced to approximately 26 acres.
Commissioner Rector explained that the existing MF-12 zoning was being
reduced by six (6) acres and that he supported the application. Commissioner
Hargraves concurred with Mr. Rector, noting that the applicant had worked with
the Aberdeen Neighborhood and addressed their concerns.
There was a motion to approve the revised application as recommended by staff.
The motion passed by a vote of 11 ayes and 0 nays. The revised application
was approved.
April 10, 2008
ITEM NO.: D 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
April 10, 2008
ITEM NO.: D (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.
April 10, 2008
ITEM NO.: D (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.
April 10, 2008
ITEM NO.: D (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.
April 10, 2008
ITEM NO.: D (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.
April 10, 2008
ITEM NO.: D (Cont.) FILE NO.: Z-5683-C
6
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicants were present. There were no objectors present. There were
40+/- registered supporters present. Numerous letters of support and opposition
had been distributed to the Commission. Staff presented the item and a
recommendation of denial. It was noted that Traffic Engineering had determined
there were no traffic concerns.
The applicant, Ken King, explained the proposal and stated it would not result in
an erosion of the neighborhood. He stated the school was committed to not
asking for any further expansion.
Linn Siems, administrator of the school, stated she felt the school had a positive
influence on the neighborhood. She explained the Montessori program and
philosophy.
Randolph Polk, of 12 Mont Blac Cove Maumelle, stated he had a child in the
school. He discussed the value of a Montessori education.
Mr. King asked all those present in support of the school to stand. 40+/- persons
stood. Mr. King noted there were no persons present in opposition.
Commissioner Adcock asked how many of those present in support actually lived
in the neighborhood. Two-three persons stood.
In response to a question from Commissioner Nunnley, Mr. King reiterated his
promise that the school would never ask to expand beyond the current
application area.
In response to questions from Commissioners Rector and Pruitt, staff stated the
Traffic Engineer had determined the proposed expansion would not have a
negative impact of traffic on the street, in part because some of the expanded
numbers would involve siblings, not necessarily 40 new vehicles coming to the
site.
In response to a question from Commissioner Williams, Mr. King stated they
were beginning the process of pursuing and amendment to the bill of assurance.
In response to questions from Vice-Chair Yates, Mr. King addressed some
specifics of the site plan.
A motion was made to approve the application, including all staff comments and
conditions excluding the recommendation of denial. The motion was approved by
a vote of 10 ayes, 0 noes and 1 absent.
April 10, 2008
ITEM NO.: E 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.
April 10, 2008
ITEM NO.: E (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
April 10, 2008
ITEM NO.: E (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.
April 10, 2008
ITEM NO.: E (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.
April 10, 2008
ITEM NO.: E (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.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicants were not present. There were no objectors present. Staff informed
the Commission that, on April 2, 2008, the applicants had requested deferral of
the item to the May 22, 2008 agenda. There was no further discussion. The item
was placed on the consent agenda and deferred to the May 22, 2008 agenda.
The vote was 11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: F FILE NO.: MSP07-04
Name: Master Street Plan Amendment University Avenue Design Standard
Location: University Avenue from Markham to Cantrell Road
Request: Alternate Design Standards
Source: Staff
On November 13, 2007 it was requested to defer this item to the January 17,
2008 Hearing of the Little Rock Planning Commission.
PLANNING COMMISSION ACTION: (DECEMBER 6, 2007)
The applicant requested the item be deferred to January 17, 2008. The item was
placed on consent agenda for deferral. By a vote of 11 for, 0 against the consent
agenda was approved.
STAFF UPDATE:
The applicant requested that the item be deferred to February 28, 2008 hearing
of the Little Rock Planning Commission.
PLANNING COMMISSION ACTION: (JANUARY 17, 2008)
The item was placed on consent agenda for deferral to April 10, 2008. By a vote
of 10 for, 0 against the consent agenda was approved.
STAFF UPDATE:
The applicant requested that the item be deferred to May 22, 2008, hearing of
the Little Rock Planning Commission.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
At the request of Staff in order to further review the item, it was placed on the
consent agenda for deferral to May 22, 2008. By a vote of 11 for and 0 against
the consent agenda was approved.
April 10, 2008
ITEM NO.: 1 FILE NO.: Z-8322
NAME: Salaam Day Care Family Home – Special Use Permit
LOCATION: 1224 S. Pulaski Street
APPLICANT/ OWNER: Shahidah Salaam
PROPOSAL: A Special Use Permit is requested to allow a Day
Care Family Home to be operated in the single-family
residence located on the R-4 zoned property at
1224 S. Pulaski Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Downtown and Central
High Neighborhood Associations were notified of the public hearing.
B. Public Works Issues: No Comments.
C. Staff Analysis:
1224 S. Pulaski Street is located at the northwest corner of S. Pulaski and
West 13th Streets. The properties to the north and west are zoned R-4
and contain residences. There is an old, vacant commercial building on
the R-4 zoned property across S. Pulaski Street to the east. There is a
church facility across West 13th Street to the south.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has noted
that she will have no employees. She will have two (2) persons who will
help her, on an as needed basis, if she has to be out of the house for a
short time.
There is a two-car wide driveway from S. Pulaski Street, with parking for
four (4) vehicles including the carport. Staff feels that this will allow
sufficient space for drop-off and pick-up of children. On inspection of the
site, staff observed no vehicles parked on unpaved areas. Staff also
observed no vehicles on the site, which were not operational.
The applicant is currently caring for no children at this residence. She is in
the process of being licensed by the State for up to ten (10) children.
April 10, 2008
ITEM NO: 1 (Cont.) FILE NO.: Z-8322
2
The principal use of the property will remain single family residential. No
signage beyond that allowed in single-family zones will be permitted. The
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1822. The Bill of Assurance is not legible and likely
contains no use issues.
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes
the site and location criteria for day care family homes as follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
April 10, 2008
ITEM NO: 1 (Cont.) FILE NO.: Z-8322
3
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issue associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
D. SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008)
Shahidah Salaam was present, representing the application. Staff
presented the proposed special use permit request. Staff noted that
inspection of the site revealed no violation of the ordinance requirements
for day care family homes.
Commissioner Laha asked Ms. Salaam if she would accept vouchers from
the State. She stated that she would accept both private pay and
vouchers.
Commissioner Yates asked if the site was under enforcement. Staff
explained that it was not and that there was no current day care use on
the property.
There being no further issues for discussion, the Committee forwarded the
application to the full Commission for final action.
E. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 1224 S. Pulaski Street, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
April 10, 2008
ITEM NO: 1 (Cont.) FILE NO.: Z-8322
4
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
Shahidah Salaam was present, representing the application. There were no
objectors present. Staff presented the application with a recommendation of
approval.
Shahidah Salaam addressed the Commission in support of the application.
The issues of vehicles parked on the site and employees was briefly discussed.
Ms. Salaam noted that if a child had special needs, a tutor or therapist may come
to the site from time to time.
Commissioner Nunnley asked how long Ms. Salaam had lived at this location.
Ms. Salaam noted that she had lived there for one (1) year. In response to
additional questions, Ms. Salaam noted that she had two (2) children of her own
and that the State would determine the age range of children she could care for.
Issues of vouchers and other day care uses in the area were discussed. Staff
noted that there were no other day care family homes or centers within 300 feet
of the site.
Commissioner Laha asked how many children Ms. Salaam would be able to care
for. Ms. Salaam noted that the State would determine that number. Chairman
Taylor noted that Ms. Salaam had requested the special use permit prior to
operation of the day care use.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 10 ayes and 1 nay. The application was approved.
April 10, 2008
ITEM NO.: 2 FILE NO.: Z-4336-GG
Owner: Arkansas Children’s Hospital
Applicant: Brian Tinnel, McClelland Consulting Engineers
Location: Various lots located primarily within an area
bounded by Maryland Avenue, Daisy Bates
Drive, Schiller Street and Martin Luther King
Drive.
Area: 10.71 Acres total
Request: Rezone from Various Districts to O-2
Purpose: Future Arkansas Children’s Hospital facilities
Existing Use: Various uses and structures
A. PUBLIC WORKS COMMENTS:
1. Martin Luther King Drive, Daisy L. Gatson Bates Drive, and Battery
Street are classified on the Master Street Plan as collector streets. A
dedication of right-of-way 30 feet from centerline will be required.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Maryland, 12th, 13th, 10th, 11th and 8th Streets for the
frontage of this property must meet commercial street standards.
Dedicate right-of-way to 30 feet from centerline.
3. Due to the proposed use of the property, the Master Street Plan
specifies that Schiller, Summit, Bishop, and Wolfe Streets for the
frontage of this property must meet commercial street standards.
Dedicate right-of-way to 30 feet from centerline.
4. A 20 foot radial dedication of right-of-way is required at all the
intersections adjacent to properties being rezoned by this application.
B. PUBLIC TRANSPORTATION ELEMENT:
CATA Bus Route #3 (Baptist Medical Center Route) runs along Battery
and West 12th Streets, within the west one-half of the Children’s Hospital
Campus. CATA Bus Route #11 (M. L. King Jr. Route) runs on Martin
Luther King Drive, along the east boundary of the hospital facility.
April 10, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-4336-GG
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 Central High, Downtown
and Capitol Hill Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Central City Planning District. The Land Use
Plan shows Public Institutional and Mixed Office Commercial for this
property. The applicant has applied for a rezoning from Various Districts
to O-2 Office and Institutional District for future Children’s Hospital
expansion.
There are two areas shown as residential on the Plan; however, at this
time staff does not feel there is need for a Land Use Plan change. As part
of a future clean up, this can be handled.
Master Street Plan:
Daisy Gatson Bates Drive, Battery, and Martin Luther King Drive are shown
as Collectors. The primary function of a Collector Street is to provide a
connection from Local Streets to Arterials. Schiller, 8th Street and the other
streets in this vicinity 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:
Class II routes are shown along Daisy Gatson Bates and Martin Luther
King Drive. 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.
Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
April 10, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-4336-GG
3
E. STAFF ANALYSIS:
Arkansas Children’s Hospital, owner of the fourteen (14) parcels of land
located primarily within an area bounded by Maryland Avenue, Daisy
Bates Drive, Schiller Street and Martin Luther King Drive, is requesting to
rezone the parcels from Various Districts to “O-2” Office and Institutional
District. The rezoning is proposed for future development of facilities for
Arkansas Children’s Hospital. The fourteen (14) parcels proposed for
rezoning are as follow (please refer to the attached zoning map for
labeling of tracts):
TRACT A – R3 & R4 TO O2
Lots 7-10, Block 6, Marshall and Wolfe’s Addition, to the City of Little Rock
being 0.45 Acres±: Northwest corner of Maryland Avenue and Schiller
Street.
TRACT B – C3 TO O2
North ½ Lots 1-3, Block 412, Compton’s Addition, to the City of Little Rock
being 0.26 Acres±: Southwest corner of West 8th Street and M.L.K. Drive.
TRACT C – R3 TO O2
Lot 10, Block 9, Marshall and Wolfe’s Addition, to the City of Little Rock
being 0.17 Acres±: West side of S. Battery Street, between Maryland
Avenue and West 10th Street.
TRACT D – C3 TO O2
Lot 1, Block 4, Fitzgerald’s Addition, to the City of Little Rock being 0.19
Acres±: Southwest corner of Maryland Avenue and Bishop Street.
TRACT E – R3, R4, C3, I2 TO O2
All of Block 15, Marshall and Wolfe’s Addition to the City of Little Rock,
being 2.11 Acres±: Block bounded by S. Schiller, S. Summit, West 10th
and West 11th Streets.
TRACT F – O1 TO O2
East 50 feet of the West 100 feet of Lots 1-3, Block 14, Marshall and
Wolfe’s Addition to the City of Little Rock, being 0.18 Acres±:” South side
of West 10th Street, between S. Summit and S. Battery Streets.
TRACT G – O3 TO O2
Lots 1-3, Block 12, Marshall and Wolfe’s Addition to the City of Little Rock,
being 0.53 Acres±: Southeast corner of S. Wolfe and West 10th Streets.
April 10, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-4336-GG
4
TRACT H – C3, R4, O1 TO O2
East 50 feet of Lots 1-3, all of Lots 4-7, Block 405, Lincoln’s Addition to the
City of Little Rock, being 0.86 Acres±: Northeast corner of M.L.K. Drive
and West 11th Street.
TRACT I – R3, R4, R5, C3 TO O2
All of Block 18, Marshall and Wolfe’s Addition to the City of Little Rock,
being 2.16 Acres±: Block bounded by S. Schiller, S. Summit, West 11th
and West 12th Streets.
TRACT J – R3 & R4 TO O2
West 100 feet of Lots 5 and 6, Block 19, Marshall and Wolfe’s Addition to
the City of Little Rock, being 0.23 Acres±: Northeast corner of S. Summit
and West 12th Streets.
TRACT K – O3 TO O2
The South ½ of Lot 4, all of Lots 5-6, Block 409, Lincoln’s Addition to the
City of Little Rock, being 0.57 Acres±: Northeast corner of S. Bishop and
West 12th Streets.
TRACT L – C3, O3 TO O2
Lots 1-5 and the West ½ of the former alley between Lots 1-3 and Lots 10-
12, Block 5, Centennial Addition, to the City of Little Rock being 0.80
Acres±: Southeast corner of S. Battery and West 12th Streets.
TRACT M – O3, C3 TO O2
Lots 1-6 and 9-12, Block 2, Centennial Addition to the City of Little Rock,
being 1.55 Acres±: Northeast corner of S. Bishop and West 13th Streets.
TRACT N – R3 TO O2
Lots 1-4, Block 9, Centennial Addition to the City of Little Rock, being
0.65±: Southeast corner of S. Battery and West 13th Streets.
The general area is made up of a variety of uses and zoning. The majority
of the property within the area bounded by Maryland Avenue, Daisy Bates
Drive, Schiller Street and Martin Luther King Drive is occupied by
Arkansas Children’s Hospital facilities and zoned O-2. The existing
condition of the parcels proposed for rezoning are as follows:
TRACT A – Vacant and grass covered
TRACT B – Vacant and grass covered
TRACT C – Single family residential structure fronting S. Battery Street.
April 10, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-4336-GG
5
TRACT D – Paved parking lot serving Children’s Hospital facilities.
TRACT E – North ½ of the block is paved parking for Children’s, with the
South ½ being vacant and grass covered.
TRACT F – Vacant and grass covered
TRACT G – Ronald McDonald House and parking
TRACT H – Commercial building (previously PC Hardware) fronting
M.L.K. Drive, two (2) residential structures fronting West 11th Street, and a
vacant commercial building fronting West 10th Street.
TRACT I – Vacant and grass covered
TRACT J – Vacant and grass covered
TRACT K – Two (2) office buildings (Children’s) fronting Bishop Street
TRACT L – Commercial building (Children’s grounds-keeping facility)
fronting West 12th Street, with vacant lots to its south.
TRACT M – Two (2) office buildings (Children’s) fronting Bishop Street,
with vacant lots fronting M.L.K. Drive.
TRACT N – Single-family structure fronting West 13th Street, with
remaining lots being vacant and grass covered.
The City’s Future Land Use Plan designates all of the parcels as Public
Institutional and Mixed Office Commercial, with the exception of two (2)
parcels. Tract A is designated as Single Family and Tract N is designated
as Low Density Residential. Staff will not require a Land Use Plan
Amendment at this time since the two (2) parcels are only small fractions
of a block. Land Use Plan Amendments for these two (2) parcels can be
handled at a later date with a clean-up issue for this general area.
Staff is supportive of the requested rezoning. All of the parcels proposed
for rezoning are primarily located within the boundary of Arkansas
Children’s Hospital’s overall master plan. Staff feels the proposed
rezoning of these parcels to O-2 for future Children’s Hospital facilities is
appropriate and should have no adverse impact on the surrounding
properties and the general area. Staff has instructed Children’s to request
O-2 zoning for all of their property ownership as it is acquired. The O-2
April 10, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-4336-GG
6
zoning district is a site plan review district, with the requirement that
development plans be reviewed and approved by the Planning
Commission. Any issues associated with the individual parcels, such as
landscaping, buffers, building height, drainage, etc., can be addressed
during the site plan review process.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-2 rezonings.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
Brian Tinnel and Kent Taylor were present, representing the application. There
were three (3) persons present with concerns. Staff presented the application
with a recommendation of approval.
Brian Tinnel addressed the Commission in support of the application. He
explained that the O-2 zoning would allow the property to be developed for future
Children’s Hospital facilities with site plan review.
James Farmer informed the Commission that he had no comments. Ray Mathis
stated that Muskie Harris represented him.
Muskie Harris addressed the Commission with concerns. He explained that
Children’s Hospital had not been a good neighbor. He noted that Children’s
facilities were encroaching into the neighborhood. He also noted that more
commercial uses were needed in the area. He asked the Commission not to
approve the application until Children’s had a master plan that helped the
neighborhood.
Kent Taylor addressed the Commission in support of the application. He
explained that the proposed O-2 zoning required with plan review approval by the
Commission and was a more restrictive zoning than some of the existing zoning.
There was a discussion of the City’s Land Use Plan for this general area. There
was additional discussion related to the neighborhood action plan that the
Central High Neighborhood Association had been working on. Staff noted that
there was no adopted neighborhood action plan for Central High.
The issue of Children’s Hospital Master Plan was discussed. It was noted that
Children’s had a neighborhood outreach program.
Commissioner Rector explained that since Children’s Hospital was such a major
player in the area, they should work with the neighborhood to address concerns
April 10, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-4336-GG
7
other than the hospital’s mission. Mr. Taylor noted that long range plans
included facilities to serve the neighborhood as well as Children’s Hospital.
Mr. Taylor noted that Tract G. was not owned by Children’s Hospital. Staff noted
that Tract G. needed to be removed from the application since Children’s
Hospital did not own it nor had authorization to rezone.
There was a motion to approve the application (except Tract G.) as
recommended by staff. The motion passed by a vote of 11 ayes and 0 nays.
The rezoning was approved for all tracts except Tract G.
April 10, 2008
ITEM NO.: 3 FILE NO.: LU08-19-01
Name: Land Use Plan Amendment - Chenal Planning District
Location: Along Champagnolle Drive, west of the future extension of Rahling
Road
Request: Multi Family to Neighborhood Commercial and Community
Shopping
Source: Tim Daters, White-Daters and Associates
PROPOSAL / REQUEST:
Staff suggested to the applicant that this application be deferred to allow staff
additional time to review the proposed Land Use Plan Amendment. The
applicant has agreed to the deferral. Therefore, Staff recommends this
application be deferred to the May 22, 2008 Planning Commission agenda.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
At the request of Staff in order to further review the item, it was placed on the
consent agenda for deferral to May 22, 2008. By a vote of 11 for and 0 against
the consent agenda was approved.
April 10, 2008
ITEM NO.: 3.1 FILE NO.: Z-4807-I
Owner: Deltic Timber Corp.
Applicant: Tim Daters, White-Daters and Associates
Location: Along Champagnolle Drive, west of the future
extension of Rahling Road.
Area: 14.46 Acres and 1.604 Acres
Request: Rezonings from R-2 and MF-24 to C-1 and
C-2; and from O-2 to OS
Purpose: Future development (proposed C-1 and C-2)
and Open Space (proposed OS)
Existing Use: Undeveloped
STAFF UPDATE:
Staff suggested to the applicant that this application be deferred to allow staff
additional time to review the proposed Land Use Plan Amendment. The
applicant has agreed to a deferral. Therefore, Staff recommends this application
be deferred to the May 22, 2008 Planning Commission Agenda.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
Staff informed the Commission that the applicant agreed to defer the application
to the May 22, 2008 Agenda to allow staff additional time to review the Land Use
Plan Amendment associated with the rezoning request. Staff supported the
deferral request.
The chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the May 22, 2008 Agenda. A motion to that effect
was made. The motion passed by a vote of 11 ayes and 0 nays.
April 10, 2008
ITEM NO.: 4 FILE NO.: Z-8320
Owner: Jay Brainard
Applicant: Ed McClain, Thomas Engineering Co.
Location: Southeast corner of Mabelvale Cut-Off and
Chicot Road
Area: 4.29 Acres
Request: Rezone from R-2 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Convenience store and car wash; undeveloped property (YMCA)
across Mabelvale Cut-Off; zoned C-3 and R-2
South – Two single family residences and undeveloped property;
zoned R-2
East – Two commercial buildings; zoned C-3
West – Vacant commercial building, undeveloped property and cell tower
(across Chicot Road); zoned C-3
A. PUBLIC WORKS COMMENTS:
1. Chicot Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required.
2. Mabelvale Cut-Off is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
3. Per the Master Street Plan, where principal arterial streets intersect
minor arterial streets the applicant shall dedicate an additional 10 ft. of
right-of-way for a future right turn lane. The additional right-of-way
shall normally be 250 ft. in length measured from the intersecting right-
of-way.
4. A 20 foot radial dedication of right-of-way is required at the intersection
of Chicot Road and Mabelvale Cut-Off.
April 10, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8320
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located near CATA Bus Routes. Route 17 (Mabelvale-
Downtown) and 17A (Mabelvale-UALR) run along Chicot Road to the
north and Mabelvale Cut-Off to the west.
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, West Baseline, Chicot, Rob Roy Way and Legion Hut
Neighborhood Associations were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for a rezoning from R-2 Single Family District to C-3 General
Commercial District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Chicot 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
Chicot since it is a Principal Arterial. Mabelvale Cut-Off 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 Cut-Off since it is a Minor
Arterial.
These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
There are no bike routes shown in this area.
Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
April 10, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8320
3
E. STAFF ANALYSIS:
Jay Brainard, owner of the 4.29 acre property located at the southeast
corner of Mabelvale Cut-Off and Chicot Road, is requesting to rezone the
property from “R-2” Single Family District to “C-3” General Commercial
District. The rezoning is proposed for future commercial development of
the site.
The property is currently undeveloped and covered with grass and brush.
The site contains few mature trees. There is one (1) old accessory
building located along the north property line.
There is a convenience store with car wash and undeveloped property
(YMCA building and fields) located across Mabelvale Cut-Off to the north.
Undeveloped commercial property, which is currently being used as a
staging/storage area for Mabelvale Cut-Off road construction, is located to
the northwest. There are two (2) residential structures, undeveloped
property and a fire station located to the south. Two (2) commercial
buildings and single family residences are located to the east. The C-3
zoned property across Chicot Road to the west contains a vacant
commercial building and cell tower. There is a church facility to the
southwest.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-3 zoning does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-3 rezoning. Staff views the request
as reasonable, given the current surrounding uses and zoning. There are
existing commercial zoned properties to the north, east and west. The
YMCA property across Mabelvale Cut-Off to the north is designated as
Public Institutional on the Future Land Use Plan. The property
immediately south, between this property and the fire station is shown as
Commercial on the Land Use Plan. There is also C-3 zoned property to
the northwest, at the northwest corner of Mabelvale Cut-Off and Chicot
Road. Staff believes a future C-3 commercial development of this
property will be appropriate and will have no adverse impact on the
adjacent properties on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
April 10, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8320
4
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
Staff noted that the applicant had revised the application to eliminate the
following as permitted uses within the proposed C-3 zoning:
• Bar, lounge or tavern
• Convenience food store with gas pumps
• Multifamily dwellings (as per the R-5 district)
• Pawnshop
• Recycling facility, automated
Staff recommended approval of the revised application.
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 11 ayes and 0 nays.
April 10, 2008
ITEM NO.: 5 FILE NO.: Z-8321
Owner: Jim and Mandy Moore
Applicant: Deltic Timber Corp.
c/o Tim Daters, White-Daters and Associates
Location: 18018 Kanis Road
Area: 5.5 Acres
Request: Rezone from R-2 to C-3
Purpose: Future commercial development
Existing Use: Single family residence
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2 and MF-24
South – Undeveloped property (across Kanis Road); zoned R-2
East – Undeveloped property; zoned C-3
West – Two (2) commercial buildings; zoned C-3
A. PUBLIC WORKS COMMENTS:
1. West 12th Street (Kanis Road) is classified on the Master Street Plan
as a minor arterial. A dedication of right-of-way 45 feet from centerline
will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Bascom Place,
Champagnolle Court and Witry Court Neighborhood Associations were
notified of the public hearing.
April 10, 2008
ITEM NO: 5 (Cont.) FILE NO.: Z-8321
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for a
rezoning from R-2 Single Family to C-3 General Commercial District.
Staff conducted an extensive review of the Land Use Plan for this area in
2006. This location was amended to commercial as a result of this study
and Ordinance 19,722. Therefore, this request does not require a change
to the Land Use Plan.
Master Street Plan:
To the east of this site is Rahling Road, which 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 Rahling since it is a Principal
Arterial. Kanis 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
Kanis since it is a Minor Arterial. These streets may require dedication of
right-of-way and may require street improvements for entrances and exits to
the site.
Bicycle Plan:
A Class I route is shown along Kanis 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:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Jim and Mandy Moore, owners of the 5.5 acre property located at 18018
Kanis Road, are requesting to rezone the property from “R-2” Single
Family District to “C-3” General Commercial District. The rezoning is
proposed for future commercial development of the site.
April 10, 2008
ITEM NO: 5 (Cont.) FILE NO.: Z-8321
3
The property currently contains a one-story frame single-family structure
and accessory building. The remainder of the property is mostly
grass-covered. There are few mature trees on the site.
There is undeveloped property located north, south (across Kanis Road)
and east of the site. There is currently clearing taking place on the
property to the east for the future extension of Rahling Road to align with
Edswood Road. The C-3 zoned property immediately to the west contains
two (2) commercial buildings.
The City’s Future Land Use Plan designates this property as commercial.
The requested C-3 zoning does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-3 rezoning. Staff views the request
as reasonable, given the current surrounding uses, zoning and future plan
designation. The properties immediately east and west of this site are
currently zoned C-3, with commercial designations on the Land Use Plan.
The property to the south across Kanis Road is currently zoned R-2 but
has a future plan designation of commercial. Additionally, the owner of
the property to the north has submitted on application for rezoning to C-1
and C-2. Staff believes future C-3 commercial development of this
property will be appropriate and will have no adverse input on the adjacent
properties or general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (APRIL 10, 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 11 ayes and 0 nays.
April 10, 2008
ITEM NO.: 6 FILE NO.: Z-3895-C
NAME: Francis Allen School – Revised Conditional
Use Permit
LOCATION: 816 N. Tyler Street
OWNER/APPLICANT: Francis Allen School/Brad Chilcote, WD & D
PROPOSAL: A conditional use permit is requested to allow for
expansion of this existing school. The property is
zoned R-3. This same proposal was approved by the
Planning Commission on October 30, 2003. The
three-year time frame for implementation has expired.
1. SITE LOCATION:
The site occupies the properties on the west side of N. Tyler Street,
between “G” and “H” Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The school has been a part of this neighborhood for many years.
Although the surrounding neighborhood is primarily single family in nature,
there are other institutional uses within proximity of the site. The Holy
Souls School and Church occupy over two blocks located directly across
“H” Street to the north. Fair Park Elementary School is located two blocks
to the south. Woodlawn Baptist Church and Mt. Saint Mary’s School are
located two blocks to the southwest and northeast respectively. Single
family residences are located adjacent to the south, west and across Tyler
Street to the east. The proposed expansion will result in a minor increase
in student enrollment and the addition of much-needed on-site parking.
The proposed expansion should be compatible with uses in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Hillcrest Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The school currently has 3 on-site parking spaces and a drop-off/pick-up
driveway. Eleven additional spaces are located in a parking lot at the
northwest corner of “G” Street and Tyler Street. The proposed expansion
will result in 22 additional students and 6 additional employees, requiring
8 more parking spaces. The proposed plan shows the construction of a
new 12-space parking lot and retention of 10 spaces in the “G” Street lot
April 10, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-3895-C
2
for a total of 22 parking spaces. A new drop-off/pick-up area that will
accommodate 8 vehicles is proposed in front of the Tyler Street entrance.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
5. PUBLIC WORKS COMMENTS:
1. Right-of-way dedications were waived with approval of the previous
application in 2003.
2. At time of building permit, improve corner curb radius to 25 feet radius
at the intersections of Polk and H Streets; H and Tyler Streets; and
Tyler and G Streets.
3. 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.
4. At time of development, storm water detention ordinance applies to this
property. Show the proposed location of storm water detention
facilities on the plan.
5. At time of development, the paved alley through the development
should be repaved to a width of eighteen (18) feet.
6. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. The width of
driveways must not exceed 36 feet.
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 and fire sprinklers may be required.
Contact Fire Marshall’s office at 918-3710.
April 10, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-3895-C
3
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff asked the applicant to confirm that the current
proposal was the same as the previous approval regarding building design. Staff
commented that although the property was within the Hillcrest Design Overlay
District, it was not clear that the overlay standards applied to residential
properties with a conditional use permit. Staff stated the project should meet the
spirit of the overlay.
Landscape, Public Works and Utility Comments were discussed. It was noted
that the right-of-way dedication requirement on abutting streets was waived
under the previous approval. Staff stated they would support a similar waiver, if
the corner radii were improved to 25 feet radius.
The applicant was advised to respond to staff issues by March 26, 2008. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
A Conditional Use Permit application has been filed for the proposed expansion
of the Francis Allen School for Exceptional Children located at 824 North Tyler
Street. Founded in 1958, the Allen School provides inclusive pre-school
programs and therapy services for developmentally handicapped children
ages 1 thru 4. The school is currently licensed to provide services for up to
62 children and operates with a staff of 25 teachers, therapists and administrative
personnel. The existing building has been home to the school since 1970, but is
no longer adequate to meet its needs. Therefore, the school’s Board of Directors
is submitting this application to allow for the construction of an approximate
12,000 sq. ft. building expansion, the relocation of an existing outdoor play
space, and the development of additional on-site parking. Please note that an
identical proposal was approved (File Z-3895-B) by the Planning Commission on
October 30, 2003. That approval subsequently lapsed due to inactivity.
The proposed one-story expansion will include new classroom space to better
accommodate the school’s current enrollment and upgraded food service
facilities as well as two additional classrooms to provide for the anticipated needs
of the community. The expanded facility will be able to provide services for up to
April 10, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-3895-C
4
84 children with a staff of 31. The current 6,300 sq. ft. building will be renovated
to accommodate administrative and therapy needs. The existing outdoor play
yard located west of the current facility adjacent to “H” Street will be relocated to
an enclosed, shaded courtyard to the rear of the proposed new structure.
On-site parking will be provided by an existing lot located at the northwest corner
of Tyler and “G” Streets, and a proposed new parking lot situated on the former
play yard site adjacent to “H” Street. A new loading/unloading area is proposed
for the Tyler Street entrance and service functions and trash pick-up will be
accessed via the existing alley.
On March 26, 2008, the applicant submitted responses to issues raised at
Subdivision Committee, including confirmation that there are no changes from
the 2003 approval other than a slight expansion of the addition from 11,000
square feet to 12,000 square feet. It is anticipated that the exterior finish of the
structure will be residential in character. The exterior walls will be a combination
of brick and stone. The residential character will be further enhanced by a low
eave height and broad overhang. The Tyler Street façade will have offsets to
visually break the horizontal scale of the structure. No ground-mounted sign is
proposed. A new, non-lighted wall sign will be placed on the building’s east
façade near the entrance. Any site lighting will comply with the Hillcrest Overlay
District standards. The building will have multiple roof sections to break up the
building mass. The highest top of ridge height will be 36 feet above the average
grade plan. This is a sloped site and the average grade plane is approximately
9 feet below the finished floor elevation at the south end of the building. The
required screening fencing will be constructed of wood pickets and will not
exceed 6 feet in height other than for the 8-foot screen at the dumpster. A
canopy will be constructed over a portion of the Tyler Street drop-off lane. The
canopy will extend to the front property line and will have a setback from the
Tyler Street traffic lane of 7-8 feet. Dumpster pick-up will be limited to the site’s
normal business hours.
Required radial dedication has been shown on all corners. Under the previous
application, additional right-of-way dedication for the abutting streets was waived.
Staff supports a similar waiver for this application, allowing the streets to maintain
their existing character. The property is not covered by a valid bill of assurance.
Staff is supportive of the residential C.U.P. with attention given to proper
screening and landscaping, the proposed use should continue to be compatible
with the neighborhood. Staff believes the applicant has done a good job of
designing the project to be sensitive to the spirit of the Hillcrest Overlay District,
although it is not apparent that the overlay regulations specifically apply to a
development of this nature.
April 10, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-3895-C
5
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of a continued waiver of right-of-way dedication on
abutting streets other than for the required radial dedication at the intersections.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to any conditions noted in the
“staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff. The vote
was 11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: 7 FILE NO.: Z-8317
NAME: Davidson Accessory Dwellling – Conditional
Use Permit
LOCATION: 1601 – 1601 ½ Dennison Street
OWNER/APPLICANT: Felicia Davidson
PROPOSAL: A conditional use permit is requested to recognize an
existing situation, to allow an accessory dwelling on
this R-3 zoned lot.
1. SITE LOCATION:
The site is located at the southeast corner of West 16th and Dennison
Streets, south of Central High School.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the residential neighborhood which
surrounds Central High School. The school campus is located across
West 16th Street to the north. Zonings and uses in the immediate area are
mixed. The residential properties in the area contain a variety of homes
ranging from single family to duplex in use and well maintained to vacant
and boarded in condition. There are properties in this same block which
contain similar accessory dwellings. The applicant is requesting approval
of a C.U.P. to recognize an accessory dwelling which has existed for
many years. Staff believes the proposal is 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 Central High Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The Code requires one on-site parking space for each dwelling. A
concrete paved parking area adequate for three vehicles is located at the
rear of site, taking access off of the alley. Additional on-street parking is
located on Dennison Street at the front of the property.
4. SCREENING AND BUFFERS:
No comments on this single family residential application.
April 10, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8317
2
5. PUBLIC WORKS COMMENTS:
No Comments.
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: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008)
The applicant was present. Staff presented the item and noted little additional
information was needed. Staff asked the applicant to provide a copy of the
existing bill of assurance. In response to a question from staff, the applicant
stated some of the utilities to the accessory structure were separate and some
were extended from the house. She stated no changes were proposed in the
configuration of utilities.
Utility Comments were noted.
The Committee determined there were no other issues and forwarded the item to
the Commissioners. The applicant was advised to submit responses to staff by
March 26, 2008.
STAFF ANALYSIS:
The R-3 zoned lot located at the southeast corner of West 16th and Dennison
Streets is occupied by a two-story, brick and frame single family residence and a
April 10, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8317
3
story and a half, frame accessory dwelling. The buildings are addressed as 1601
and 1601 ½ Dennison Street respectively. Both structures match the age and
character of the general neighborhood.
The applicant purchased the property 14 years ago with both dwellings in place.
She has continued to occupy the main residence and to rent the accessory
dwelling. The accessory dwelling is nonconforming. During a recent attempt to
refinance the mortgage on the property, the applicant was advised by her
appraiser to obtain a conditional use permit to “legitimize” the accessory dwelling.
The utilities are partially split with some being separate to the accessory dwelling
and some being shared with the principal dwelling. No changes are proposed.
The site has paved parking for 3 vehicles with on-street parking available as well.
The 1889 bill of assurance for Park Addition does not address use issues. The
applicant acknowledged at Subdivision Committee the code requirement that the
property owner reside in one of the dwellings as a condition of approval of the
conditional use permit.
To staff’s knowledge, there are no issues. The applicant is proposing no new
construction as both structures are existing.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. to recognize the existing accessory
dwelling subject to compliance with the provision of Section 36-252(a)(3) of the
Code which requires that one of the dwellings be occupied by the landowner.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to any conditions noted in the
“staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff. The vote
was 11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: 8 FILE NO.: Z-8318
NAME: Shock Accessory Dwelling – Conditional Use Permit
LOCATION: 1705 – 1711 N. Palm Street
OWNER/APPLICANT: Ethan and Lara Schock/George Wittenberg
PROPOSAL: A conditional use permit is requested to allow
temporary use of an existing residence as an
accessory dwelling. The property is zoned R-2.
1. SITE LOCATION:
The property is located on the east side of N. Palm Street, south of
Cantrell Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is exclusively single family in
zoning and use. No doubt, other properties in the area have accessory
dwellings or guest quarters. In so much as the applicant’s request is
temporary in nature and is created by an ordinance technicality that
occurs when the main dwelling is expanded across the property line, staff
believes the use 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 Heights Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The principal dwelling and accessory dwelling are required to have one
on-site parking space each. The principal dwelling (1711 N. Palm) will
have a three-car, front loading garage during phase 1. The accessory
dwelling (1705 N. Palm) has a separate driveway and parking area on the
south side of the house. When the house at 1705 N. Palm is removed,
the driveway for 1711 will be moved to the south and the garage
converted to side loading.
4. SCREENING AND BUFFERS:
No comments on this single family residential application.
April 10, 2008
ITEM NO.: 8 (Cont.) FILE NO.: Z-8318
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing sewer main located under existing garage at
1711 N. Palm. Contact Little Rock Wastewater 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. CAW wishes to abandon the old galvanized
water main in the rear of these residences. A new 3-inch PVC main
was installed in front of these homes and we are encouraging all
residents in this area to have their meters moved to the front of their
property. We hope these customers will plan to do that in conjunction
with this project. CAW does not charge to relocate the meters. They
would have to have their plumber tie their houseline(s) into the new
meter location(s).
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008)
The applicant was present. Staff presented the item and noted little additional
information was needed. The applicant was advised to provide details
concerning the connection between the house and proposed new garage. It was
explained that a heated and cooled connection would make the house and
garage one structure as opposed to a house and detached accessory structure.
Staff explained that the setback requirements would be determined by the nature
of the structure. The applicant responded that the connection was, in fact,
heated and cooled.
Utility and Public Works Comments were noted.
April 10, 2008
ITEM NO.: 8 (Cont.) FILE NO.: Z-8318
3
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 1711 N. Palm Street (Lots 21, 22 and 23,
Cliffewood Addition) is occupied by a two-story, brick and frame, single family
residence and a detached one-story, brick and frame accessory structure. The
R-2 zoned property located adjacent at 1705 N. Palm Street (Lot 20, Cliffewood)
is occupied by a one-story, brick and frame, single family residence and a
detached one-story, stucco accessory structure. Both properties are owned by
the applicants who reside at 1711 N. Palm and rent-out the residence at 1705 N.
Palm.
The applicants are proposing to remodel and expand their residence at 1711 N.
Palm Street. During the remodeling, they will reside at 1705 N. Palm. One
aspect of the remodeling project at 1711 involves the removal of the detached
accessory building and the construction of a new three-car garage in its place.
The new garage will be part of the house at 1711 since it will be attached by a
heated and cooled connection. The new garage addition will extend across the
property line onto the property at 1705 N. Palm by 3-4 feet creating a “zoning lot”
with two dwellings on it. Once the remodeling of 1711 N. Palm is complete, the
applicants will move back into that residence. The residence at 1705 N. Palm
will remain for 2-3 years as a rental unit. The residence at 1705 N. Palm will then
be removed, leaving just the one residence on all 4 lots. It is during this interim
period, when both residences will exist on one single “zoning lot”, that a
conditional use permit to allow an accessory dwelling is required.
The existing detached accessory structure on 1711 N. Palm Street has a rear
yard setback of 3.4 – 4.4 feet. The new, two story garage addition will have a
rear yard setback of 8.5 feet. The portion of the garage addition that extends
onto the adjacent lot will have a rear yard setback of 5 feet. This involves only a
foot or two of the structure. Although the rear yard setback is greater than the
existing accessory structure, since the garage will be part of the principal
dwelling, the setback requirement changes to 25 feet. Staff is supportive of the
variance to allow a reduced rear yard setback since the garage addition replaces
an existing structure and the garage would be allowed by-right if it did not have
the heated and cooled “breezeway” connection to the house.
Staff is supportive of the requested C.U.P. to allow a “temporary” accessory
dwelling. To staff’s knowledge, there are no outstanding issues. The 1924 Bill of
Assurance for Cliffewood Addition does not address use issues.
April 10, 2008
ITEM NO.: 8 (Cont.) FILE NO.: Z-8318
4
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. to allow use of the residence at
1705 N. Palm Street as an accessory dwelling to the principal dwelling located at
1711 N. Palm Street subject to compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Section 6 of the
agenda staff report.
2. The residence and accessory structure located at 1705 N. Palm Street (Lot
20, Cliffewood Addition) are to be removed within three (3) years of a
certificate of occupancy being issued for the remodeled residence at 1711 N.
Palm Street.
3. One of the dwellings must be occupied by the property owner.
Staff recommends approval of a variance to allow a reduced rear yard setback
for the new garage additions.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There were no objectors present. Staff informed the
Commission that the applicant desired to have the item deferred to the May 22,
2008 agenda to allow an opportunity to meet with neighbors to try to address
their concerns. There was no further discussion. A motion was made and
approved to waive the bylaws to allow the late request for deferral. The vote was
11 ayes, 0 noes and 0 absent. A motion was made and approved to defer the
item to the May 22, 2008 agenda. That motion was approved by a vote of
11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: 9 FILE NO.: Z-8319
NAME: Ultimate Detail Truck Detail and Car Wash
– Conditional Use Permit
LOCATION: 7101 Colonel Glenn Road
OWNER/APPLICANT: Jack Pate/Telly Noel
PROPOSAL: A conditional use permit is requested to allow
rehabilitation of an existing self-serve car wash and
addition of truck rental to the existing detail shop
located on this C-3 zoned lot.
STAFF UPDATE AND RECOMMENDATION:
On March 19, 2008, the applicant requested that this item be deferred to the
May 22, 2008 Commission meeting. Staff recommends approval of the deferral
request.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was not present. There was one objector present. Staff informed the
Commission that, on March 19, 2008, the applicant had requested that the item be
deferred to the May 22, 2008 agenda. There was no further discussion. The item
was placed on the consent agenda and approved for deferral to the May 22, 2008
agenda. The vote was 11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: 10 FILE NO.: Z-8323
NAME: KATV Tower – Conditional Use Permit
LOCATION: Two Towers Road
OWNER/APPLICANT: Deltic Timber Corp./White-Daters
PROPOSAL: A conditional use permit is requested to allow for
construction of a 1,269 foot tall communication tower
on this R-2 zoned tract.
1. SITE LOCATION:
The site is located on the south side of Two Towers Road, west of Gordon
Road; on Shinall Mountain.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The proposed tower is to be located on Shinall Mountain, outside of the
city limits but within the City’s extraterritorial jurisdiction. Many other
towers are located on the mountain, including some that are of similar
height. The properties immediately around the towers are mostly wooded
and undeveloped. The proposed tower is compatible with uses in the
immediate area.
All owners of property located within 200 feet of the tower site were
notified of the request. There are no residents within 300 feet to notify.
There is no neighborhood association in the area.
3. ON SITE DRIVES AND PARKING:
Two Towers Road is accessed from Gordon Road, off of Denny Road. A
single driveway will provide access to the tower site. The site will contain
a 10-space parking lot. The parking should be sufficient to accommodate
employees working in the transmitter building or servicing the tower.
4. SCREENING AND BUFFERS:
No comments. The site is located within a “tower farm” and is adjacent to
similar uses.
5. PUBLIC WORKS COMMENTS:
No Comments.
April 10, 2008
ITEM NO.: 10 (Cont.) FILE NO.: Z-8323
2
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: No objection. No water is available.
Fire Department: Fire hydrant may be required. Site is located outside of
City Limits. Provide approval from Fire Department which provides
service to this area. Contact Fire Marshall’s office at 918-3710.
County Planning: No comments received.
CATA: Site is outside service area.
SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008)
The applicant was not present. Staff presented the item and noted any
comments would be forwarded to the applicant. Staff noted additional
information was needed to justify the proposed height of the tower. Staff stated
the applicant would be asked if the tower would accommodate additional users
and to locate any fencing on the site plan. Staff stated FAA approval would be
required prior to construction of the tower.
Public Works, Utility and Landscape Comments were noted.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
KATV, a Little Rock television station, is requesting approval of a conditional use
permit to allow for construction of a 1,269 foot tall transmission tower on Two
Towers Road, on Shinall Mountain. The tower is to replace a tower located at
Redfield which recently collapsed.
The proposed tower is a guyed, triangular, non-insulated, open face structure.
Multiple antennae and dishes will be located at various heights on the tower.
April 10, 2008
ITEM NO.: 10 (Cont.) FILE NO.: Z-8323
3
Guy wires will extend out 600 feet from the tower at three points. Anchors will be
installed at the mid-points and ends of each guy wire. A 40’ X 90’ transmitter
building and a 10-space parking lot will be located on the tower site. Security
fencing will be located around the tower site, encompassing the transmitter
building, parking area and tower base. Fencing will also be located around each
of the six anchor points. Fencing will be 10-foot high chain link with razor wire
atop.
The tower site and surrounding properties, including the guy wire locations, are
owned by Deltic Timber. The site will be leased to KATV. The tower will be
designed to accommodate other uses. KATV has stated that the proposed tower
height is necessary to achieve service to the station’s licensed coverage area.
The tower height is compatible with similar structures in the area. KATV is aware
that FAA approval will be required prior to construction and is in the process of
filing for approval with the FAA.
To staff’s knowledge, there are no outstanding issues. The applicant responded
to issues raised at Subdivision Committee as reflected in the analysis above.
There is no bill of assurance covering this acreage tract. Staff believes the
proposed use is compatible with the uses in the vicinity. Staff is supportive of the
requested C.U.P.
Due to the remote nature of the site and the sensitive nature of the television
transmitter, staff supports a fence height variance to allow the 10-foot tall chain
link fence with razor wire.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to FAA and Fire
Department approval being obtained prior to construction commencing on the
tower.
Staff recommends approval of the requested fence height variance.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There was one objector present. Staff presented the
item and a recommendation of approval subject to the conditions noted in the
“staff recommendation” above.
Tim Daters and KATV’s Director of Engineering Alan Finney addressed the
Commission and stated they would answer any questions in response to issues
raised by the objector. In response to a question from staff, Mr. Daters stated the
tower was designed to collapse in an area within one-half of its height.
April 10, 2008
ITEM NO.: 10 (Cont.) FILE NO.: Z-8323
4
Richard Brittain, of 6105 Father Tribou Street, stated there was an FCC
requirement that KATV maintain its transmitter at Redfield and the FCC would
have to approve moving it. He asked why the Shinall Mountain area had not
been zoned for towers. He expressed concern that the tower could fall on a
residence.
Mr. Daters responded that they were aware that FCC and FAA approval were
needed. He stated the tower was 1,200 feet tall and the nearest residence was
2,000 +/- feet away. In response to a question from the Commission, Mr. Finney
stated there were currently 3 towers over 1,000 feet tall on the mountain, 12 in
the 200-300 foot range and 6-8 under 100 feet tall.
Dana Carney, of the Planning Staff, explained that it was not necessary to
change the zoning of the property to address the tower issue since the towers
were approved either by-right or through the C.U.P. process.
A motion was made to approve the application, subject to all staff comments and
conditions. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent.
April 10, 2008
ITEM NO.: 11 FILE NO.: Z-8364
NAME: True Light Ministries Church and Day Care Center –
Conditional Use Permit
LOCATION: 5120 West 65th Street
OWNER/APPLICANT: Davis Family Trust/Charles Thomas
PROPOSAL: A conditional use permit is requested to allow use of
this existing building for a church and day care center.
The property is zoned C-4.
1. SITE LOCATION:
The site is located at the northeast corner of West 65th Street and
Lancaster Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within an area of mixed uses and zoning. A variety of
commercial, industrial and multifamily uses are located in the general
area. A buffer of mature trees and dense undergrowth on the northern
portion of the site provides buffering for the residential properties adjacent
to the north. Allowing use of this existing building for a day care center,
church and related activities appears to be compatible with uses in the
area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Wakefield and SWLR
United for Progress Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
Access to the site is via single driveways onto West 65th Street and
Lancaster Road. The site contains a 28-space paved parking lot. The
church will have a seating capacity of 55-65 persons in the worship area,
requiring 16 parking spaces. The day care is proposed to have an
enrollment of 28 children with 5 employees, requiring 7 parking spaces. A
fire extinguisher company occupies the remainder of the building.
Because the principal hours of the church do not conflict with the day care
and fire extinguisher company business hours, the existing parking should
be sufficient for the uses.
April 10, 2008
ITEM NO.: 11 (Cont.) FILE NO.: Z-8364
2
4. SCREENING AND BUFFERS:
No comments on this use-only issue. All improvements are existing. If a
playground is proposed, screening must be installed where the site is
adjacent to residential property.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Lancaster Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty (30)
feet from centerline for the entire length of the property.
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: No objection to using existing building for church and day care.
Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Fire sprinklers may be required. Contact Fire Marshall’s
office at 918-3710.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008)
The applicants were present. Staff presented the item and noted additional
information was needed regarding seating capacity of the church worship area,
days and hours of operation of the church and day care center, enrollment of the
day care and number of employees, signage and dumpster location. The
applicants were advised to indicate on the site plan if there would be a
playground.
April 10, 2008
ITEM NO.: 11 (Cont.) FILE NO.: Z-8364
3
Public Works, Utility and Landscape Comments were presented. Staff explained
the need for a small amount of right-of-way on Lancaster. It was determined that
the right-of-way on 65th Street was sufficient to meet MSP standards. Staff
stated screening would be required between the playground and abutting
residential property.
The applicants were advised to respond to staff issues by March 26, 2008. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The C-4 zoned property located at 5120 West 65th Street is occupied by a 14,000
square foot, one-story, brick and frame commercial building and a 28-space
paved parking lot. The majority of the building is occupied by a fire extinguisher
service company with offices in the front of the building and a service area
located in the rear of the building. A conditional use permit is requested to allow
for approximately 4,000 square feet of the building to be occupied by a church
and day care center.
Currently, the church hours are projected to be on Sundays from 10:00 a.m. –
2:00 p.m. and on Wednesdays from 6:00 p.m. – 8:30 p.m. The worship area will
seat 55-65 persons. The day care center to be operated by the church is
proposed to have hours of 6:00 a.m. – 6:00 p.m., Monday through Friday. The
day care will have an enrollment of 28 children, with 5 employees. The day care
will provide service to children ages 6 weeks to 5 years old with before and after
school care for children ages 5-14 years old.
A small playground area will be created directly north of the building. A buffer of
mature trees and dense undergrowth located on the north perimeter of the site
provides a buffer between the proposed playground and the adjacent residence.
Signage will consist of wall signs on the south and east facades. No new
dumpster or site lighting will be added.
In conjunction with the church use, the applicant also proposes to have an “event
center”. The proposed is to allow use of the worship area for “church type”
special events on days and hours outside of the church use times. Staff believes
the addition of the event center may be appropriate with hours being limited not
to extend past 10:00 p.m.
To staff’s knowledge, there are no outstanding issues. The site is an appropriate
location for the proposed uses. The 1964 bill of assurance does not address use
issues.
April 10, 2008
ITEM NO.: 11 (Cont.) FILE NO.: Z-8364
4
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 must be shielded downward and into the site.
3. The playground area is to be limited to daylight hours of use.
4. The existing dumpster on the site is to be screened to comply with ordinance
requirements.
5. If it is determined by staff that the existing natural buffer area is inadequate to
screen the playground activities from the adjacent residential property,
additional screening in the form of a 6-foot wood fence or dense evergreen
plantings shall be installed.
6. The use of the event center activity is not to extend past 10:00 p.m.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to any conditions noted in the
“staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff. The vote
was 11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: 12 FILE NO.: G-25-200
Name: Bowman Plaza Drive Street Name
Location: Bowman Plaza Drive, off of David O Dodd,
south of Colonel Glenn Road
Petitioner: Glenn Ridge Crossing, LLC
Request: To change the name of Bowman Plaza Drive to
Colonel Glenn Plaza Loop
Abutting Uses and Ownerships:
Most of the properties abutting the street are currently undeveloped. The majority of
the properties are owned by two development groups, Glenn Ridge Crossing, LLC
and Colonel Glenn Development. One business, Playtime Pizza, is currently under
construction. Rave Theater has a rear yard relationship to the street but takes an
address from Colonel Glenn Plaza Drive. The Jaguar/Land Rover dealership also
abuts the street but takes a Colonel Glenn Plaza Drive address. Letters of support
for the name change have been submitted by all parties.
Neighborhood Effect:
There are currently no businesses that will be affected by the name change.
Neighborhood Position:
All parties have agreed to the name change. Notice was sent to SWLR United for
Progress. As of this writing, the association has voiced no opinion.
Effect on Public Services:
No objections have been voiced by any public services. Two street name signs will
be needed.
STAFF ANALYSIS:
The abutting property owners are requesting that the name of Bowman Plaza
Drive be changed to Colonel Glenn Plaza Loop. The street is located within a
larger commercial development south of Colonel Glenn, west of I-430. The
street will provide access to multiple commercial lots, including those within
Glenn Ridge Crossing. The developers believe there is some confusion since
the street does not have any relationship to Bowman Road which is located north
April 10, 2008
ITEM NO.: 12 (Cont.) FILE NO.: G-25-200
2
of Colonel Glenn Road. Another street in the commercial subdivision is named
Colonel Glenn Plaza Drive. It is believed that changing the name of Bowman
Plaza Drive to Colonel Glenn Plaza Loop will reduce confusion and will further
solidify the identity of the shopping area.
When the application was first filed, the applicant proposed splitting the name of
Bowman Plaza Drive into Colonel Glenn Plaza Loop and Colonel Glenn Plaza
Drive, at the Colonel Glenn Plaza Drive intersection. In response to concerns
raised by staff, the applicant agreed to request that the entire street be named
Colonel Glenn Plaza Loop. Staff supports the amended proposal.
STAFF RECOMMENDATION:
Staff recommends approval of the request to change the name of Bowman Plaza
Drive to Colonel Glenn Plaza Loop.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to any conditions noted in the
“staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff. The vote
was 11 ayes, 0 noes and 0 absent.
April 10, 2008
ITEM NO.: 13 FILE NO.: 315
NAME: Welspun Annexation & zoning
REQUEST: 801.56 acres plus or minus to the City
LOCATION: West of the Arkansas River, south and east of Frazier Pike &
Thibault Road
SOURCE: Jane Dikey, Agent for the Property Owners
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
March 4, 2008.
• The area requested for consideration is currently undeveloped.
• There is two tracts with one owner.
• The site is contiguous to the City of Little Rock along part of two sides.
• The annexation request is to obtain sewer service and other City services.
• The area in question is a larger area along the Arkansas river bank south
of the Little Rock Port and west beyond Frazier Pike some 1300 plus feet.
• Currently the property is not zoned.
• The property owners have indicated they intend to develop this land as an
industrial complex.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department has indicated they have no issues with the
annexation of this land.
Police: The Little Rock Police Department reports they have no issues with the
proposed annexation.
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
There is no regularly schedule bus route close to this site.
Parks and Recreation: No Comment Received.
April 10, 2008
ITEM NO.: 13 (Cont.) FILE NO.: 315
2
Public Works: Public Works Solid Waste indicated they have no issues and that
waste disposal would be by private contract. Public Works Engineering indicates
that the County is to make improvements to Thibault Road and Frazier Pike is to
be closed through the site. If this occurs there would be no maintenance issues
with Frazier Pike. There may be a need for an additional emergency siren to fully
cover the site.
Utilities:
Central Arkansas Water: Central Little Rock Water has no objection to the
annexation. All water service to existing or proposed structures will be borne by
the developer.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater Utility indicates they have no
objection to the annexation. However they note that Welspun must follow the
procedures of Ordinances 17,965, 19,647, and 19,895 as well as receive written
approval prior to connection to the Little Rock Wastewater System.
Southwestern Bell: No Comment Received.
Schools:
Little Rock: No Comment Received.
Pulaski County Special: No Comment Received.
ANALYSIS:
The 800 plus acres requesting annexation is low and has been used primarily for
agricultural uses in the past. There are industrial buildings under construction in
the southeast quadrant of the annexation area. There are no homes adjacent to
the annexation area. The lands surrounding the land under request are
agricultural to the south and west with industrial lands to the north. The Little
Rock Port Industrial Park is to the north and northwest of the site. The Arkansas
River is the eastern boundary of the site.
April 10, 2008
ITEM NO.: 13 (Cont.) FILE NO.: 315
3
The proposal is to construct and operate a large industrial development on this
land. The development would be industrial in nature, initial constructed drilling
equipment on site. The owner will use the port as well as rail and interstate
connections to receive and distribute materials related to the operation.
The Land Use Plan shows this land as Industrial. The City does not exercise
extra-territorial zoning in this area. Therefore this land and lands to the south,
west and immediate north are all not zoned. The land to the northwest and a
little further to the north is all zoned I-3, Heavy Industrial. This is part of the Little
Rock Industrial Port, with manufacturing, distribution and related businesses on
much of the zoned land.
Outside the current City Limits there are also some manufacturing and
distribution firms to the west of the site requesting annexation in areas not zoned.
The Little Rock Wastewater Utility has a major treatment facility to the immediate
north in an unzoned area. Most of the land to the south and east is agricultural in
nature. All this land is low and within the Flood Plain. There are a few homes on
this agricultural land.
The Little Rock Port Authority has made some initial indications that it may
expand into land to the east of this annexation area. The result of this action
would be additional industrial lands to the east. The existing agricultural lands
would be transformed into industrial sites.
There is a Central Arkansas Transit route that serves the Little Rock Port area. It
is Route 20 (College Station), however the closest the route gets to the
annexation site is the intersection of Fourche Dam Pike with Sloane-Frazier Pike.
This intersection is a mile or so to the northwest of the northern boundary of this
annexation. Currently Frazier Pike traverses the western part of the annexation
area, in a north-south direction. Frazier Pike is classified as a minor arterial and
is not constructed to standard. Additional right-of-way and paving width is
necessary to meet standard. It should be noted that the applicant has talked
with the County and City about making improvements to Thibault Road to the
west and closing Frazier Pike through their property. Preliminary work has
begun on and along Thibault Road to improve so that this might occur. This
change would also move the Minor Arterial designation to Thibault Road, which
is currently classified as a Collector.
There are existing 16-inch water lines both along Frazier Pike and Zeuber
Roads. The line along Frazier Pike stops just north of the annexation area. The
line along Zeuber Road is over half a mile to the west of the annexation area.
Extension of water service to this site would be at the cost of the developer. The
closest wastewater line is along Frazier Pike. Extension and connections would
be done at the cost of the developers.
April 10, 2008
ITEM NO.: 13 (Cont.) FILE NO.: 315
4
The closest fire station is located along Lindsey Road just west of Fourche Dam
Pike. This station is just over 1.5 miles from the northern boundary of the
annexation area. The Little Rock Fire Department has indicated they have
reviewed the request and have no issues with the annexation as filed.
The use appears to be consistent with the area. That is the industrialization of
lands along the Arkansas River and south of Interstate 440. Development of this
land takes advantage of the existing river, rail and highway access. The zoning
is consistent with the City’s adopted Land Use Plan for the area and compatible
with the uses in place and developing to the north and west.
The review of the annexation request has not turned up any agencies expressing
concern. The developers of the land have been working with both the City and
County to address infrastructure issues around the site. The development is
seen as a major economic plus to Little Rock and the Central Arkansas area.
Staff Recommendation:
Approval of the annexation and zoning of the land to I-3, Heavy industrial.
PLANNING COMMISSION ACTION: (APRIL 10, 2008)
The item was placed on the consent agenda for approval. By a vote of 11 for
and 0 against the consent agenda was approved.