pc_09 18 2008sub
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
SEPTEMBER 18, 2008
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eight (8) in number.
II. Members Present: Lucas Hargraves
J. T. Ferstl
Obray Nunnley, Jr.
Troy Laha
Jeff Yates
Jerry Meyer
William Rector
Chauncey Taylor
Members Absent: Pam Adcock
Darrin Williams
Valerie Pruitt
City Attorney: Cindy Dawson
III. Approval of the Minutes of the August 7, 2008 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
SEPTEMBER 18, 2008
OLD BUSINESS:
Item Number:
File Number:
Title:
A. S-1544-A Ventana Ridge Revised Preliminary Plat, located on the
South side of Lawson Road, approximately 1 mile West of
the David O Dodd Intersection.
B. S-867-
EEEEEEE
Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site
Plan Review, located on the Southwest corner of LaGrande
Drive and Rahling Road Extension.
C. Z-4807-J Lot 3, Tract 94 Chenal Valley Long-form PCD, located on
the Southwest corner of LaGrande Drive and Rahling Road
Extension.
D. Z-4807-K Lot 2, Tract 94 Chenal Valley Long-form PD-R, located on
the Southwest corner of LaGrande Drive and Rahling Road
Extension.
E. Z-4213-J The Look Out at Colonel Glenn Long-form PCD, located on
the Northwest corner of Colonel Glenn Road and Lawson
Road.
F. Z-7603-E Cantrell Falls Lot 1 Short-form PCD, located at 14910
Cantrell Road.
G. Z-8233-A Lot 25, Longleaf Cove Short-form POD, located on the West
side of South Katillus Road approximately 300 feet South of
Cantrell Road.
H. LU08-09-02 A Land Use Plan Amendment in the I-630 Planning District
located in the 3600 Block of West 11th Street from Single
Family to Mixed Use.
H.1. Z-8367 BCD Empowerment Center Short-form POD, located at
3604 West 12th Street.
Agenda, Page Two
NEW BUSINESS:
I. PRELIMINARY PLATS:
Item Number:
File Number:
Title:
1. S-289-B Brimer Subdivision Preliminary Plat, located on Mabelvale
Cut-off, North of Brimer Road.
II. PLANNED DEVELOPMENTS:
Item Number:
File Number:
Title:
2. Z-4509-A Levi Short-form PD-R, located at 100 Rice Street.
3A. LU08-11-02A A Land Use Plan Amendment in the I-430 Planning District
located at the southwest corner of Kanis and Shackleford
Roads.
3B. LU08-11-02B A Land Use Plan Amendment in the I-430 Planning District
located at the southeast corner of Kanis and Shackleford
Roads.
3.1. Z-4565-A Kanis/Shackleford Lot 2 Short-form PCD, located just West
of Kaufman Road in the 10700 Block of Kanis Road.
4A. LU08-04-02A A Land Use Plan Amendment in the Heights Hillcrest
Planning District located near Kavanaugh Boulevard and
Hillcrest Road from Single Family and Multi Family to Public
Institutional.
4B. LU08-04-02B A Land Use Plan Amendment in the Heights Hillcrest
Planning District located near Kavanaugh Boulevard
between J Street and I Street from Low Density Residential
to Multi Family and for other changes.
4.1. Z-6883-A Harp’s Quadplex Short-form PD-R, located at 5212 I Street.
Agenda, Page Three
II. PLANNED DEVELOPMENTS: (CONTINUED)
Item Number:
File Number:
Title:
5. LU08-29-01 A Land Use Plan Amendment in the Barrett Planning
District located at the north side of Highway 10 near
Morgan Cemetery Road from Transition to Mixed Office
Commercial.
5.1. Z-7948-B Morgan Lot 2 Short-form POD, located on the Northwest
corner of Cantrell Road and Morgan Cemetery Road.
6. Z-8293-A Price Short-form PD-R, located at 8405 Ferndale Cut-off.
7. Z-8380-A Childress Short-form PD-R, located at 4923 Woodlawn
Avenue.
8. Z-8385 2105 South Taylor Street Short-form PD-R, located at 2105
South Taylor Street.
9. Z-8386 Tract 2 Asbury Acres Short-form PD-R, located in the 800
Block of Kirby Road.
10. Z-8387 Hick’s Short-form POD, located at 209 North Pierce Street.
September 18, 2008
ITEM NO.: A FILE NO.: S-1544-A
NAME: Ventana Ridge Revised Preliminary Plat
LOCATION: Located on the South side of Lawson Road, approximately 1 mile
West of the David O Dodd Intersection
DEVELOPER:
Emprise, LLC
1 Sunset Lake Drive
Little Rock, AR 72210
ENGINEER:
Civil Design, Inc.
16623 Cantrell Road, Suite 2C
Little Rock, AR 72223
AREA: 212 acres NUMBER OF LOTS: 44 FT. NEW STREET: 10,657 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 21 – Burlingame Valley
CENSUS TRACT: 42.02
VARIANCES/WAIVERS REQUESTED:
1. A variance from the Master Street Plan to allow the construction of the
proposed Collector Street to County Collector Street standard which includes
the allowance of a variance for a maximum road grade for a collector street to
15 percent in-lieu of the 12 percent allowed by the City’s Master Street Plan.
BACKGROUND:
On October 26, 2006, the Little Rock Planning Commission approved a
preliminary plat to develop this 212 acres into 161 single-family lots with an
average lot size of one acre and a minimum lot size of 0.3 acres. An area along
Lawson Road was indicated in two tracts (Tract 1, 2.9 acres and Tract 2, 5.9
acres) for future development. The development was proposed in three phases;
Lots 1 – 131 in the first phase, Lots 132 – 161 in the second phase and the third
phase was identified on the proposed plat without a development plan.
According to the applicant, once development plans were secured, a revised
preliminary plat would be sought for approval for the proposed lot configuration.
A total of 17,700 linear feet of new public street was proposed, constructed to
Master Street Plan standard. The applicant proposed annexation to the City of
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
2
Little Rock to receive sanitary sewer service. The annexation has not been
approved and the applicant’s property remains in Pulaski County.
A. PROPOSAL/REQUEST:
The applicant is now proposing to subdivide this 212 acre tract of
residentially zoned property into forty-four (44) estate style residential lots.
The subdivision is proposed in four (4) phases. The lots will be developed
utilizing Central Arkansas Water and individual disposal permits by each
of the lot owners. All the lots are indicated in excess of three acres, which
exempts them from pre-approval perk testing by the Health Department.
The streets will be developed utilizing County Master Road Plan
standards, which will allow Ventana Ridge Drive to develop without curb,
gutter and sidewalk and utilizing open ditches for drainage. The
subdivision is proposed with platted building lines per the typical ordinance
standards.
B. EXISTING CONDITIONS:
The site is located south of Lawson Road outside the City limits but within
the City’s Extraterritorial Planning Jurisdiction. There are single-family
homes located in the area along Lawson Road. McHenry Creek is located
along the plat’s northern boundary. The site is located adjacent to the City
limits along the southeastern portion of the proposed plat area. The
Plantation Acres subdivision is located along the southwestern portion of
the proposed plat area. The site is wooded with varying degrees of
topography.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property
owners. All abutting property owners of the site along with Southwest
United for Progress were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Lawson Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
2. Street centerline horizontal and vertical alignments must meet the
Master Street Plan standards. The maximum centerline grade for
collector streets is 12%, the maximum centerline grade for residential
streets is 15%, and the maximum centerline grade for minor residential
streets is 16%. Ventana Ridge Drive (future collector) should have
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
3
superelevated curves per AASHTO standards and be constructed per
the Master Street Plan standards for a local-residential street with open
ditches. This type street has a 68 foot wide right-of-way; 24 feet of
pavement; and 6 foot paved shoulders. Contact Bill Henry of Traffic
Engineering at 379-1816 for additional information.
3. Submit a letter certified by a Professional Engineer registered in the
State of Arkansas stating that all streets will provide the required
intersection sight distance. Analysis must be done in accordance with
the 2004 Edition of the AASHTO Green Book. Avoid planting trees or
shrubs in line of sight that may cause sight obstruction.
4. Streetlights are required by Section 31-403 of the Little Rock code.
Provide plans for approval to Traffic Engineering. Streetlights must be
installed prior to platting/certificate of occupancy. Contact Traffic
Engineering 379-1813 (Steve Philpott) for more information.
5. The residential streets must be constructed per the Pulaski County
road standards.
6. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
7. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvements to Lawson
Road including 5-foot sidewalks with the planned development.
Lawson Road should be constructed with the back of curb placed
29.5 feet from centerline and the back of the sidewalk placed on the
property line.
8. Floodplain exists in the proposed subdivision. Contact Pulaski County
Planning Department for requirements pertaining to construction in the
floodplain.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: The site is located outside the current service boundary of
the City of Little Rock. Provide the means of wastewater disposal and a
certification from the appropriate agency concerning the proposed method
of treatment.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
4
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met. Water main
extensions will be required. This development will have minor impact on
the existing water distribution system. Proposed water facilities will be
sized to provide adequate pressure and fire protection.
Fire Department: Install and place fire hydrants per code. Contact the
Little Rock Fire Department for additional information.
County Planning: The plat will also be reviewed by the Pulaski County
Planning Board.
1. Show abutting property owners.
2. Place note on the plat and in the Bill of Assurance describing the
purpose of Tract 1, Phase 1.
3. Provide drainage plan (showing drainage on and off the property)
and provide a street plan and centerline profile.
4. Change the street name for West Ridge Road as it conflicts with an
existing County road.
5. Provide a note in the Bill of Assurance limiting access on Lot 13,
Phase 1.
6. Provide proof of fire protection.
7. Label Lots 13, 14, and 15 on Phase 1, Plate 1.
8. Show floodway, put notes and place the correct minimum floor
elevation information on the plat.
9. Show Plate 2 on the vicinity map.
10. Build and dedicate Ventana Ridge flush with the south property line.
Show contour index.
11. Verify site distance at all intersections.
12. Show details and provide No Adverse Impact on development in the
floodway.
13. Maximum grade on a collector (Ventana Ridge) is 15%.
14. Radius on the collector is short of the 300 feet required.
15. Correct the spelling of the surveyor’s name in the plat notes.
16. The pond should be removed from the public R-O-W (Lot 10).
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
5
17. Place note on the plat and in the Bill of Assurance limiting access to
one street per lot.
18. This project as designed is a health, safety and welfare issue
because its only means of ingress and egress crosses a floodway.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008)
Mr. James Dreher was present representing the request. Staff presented
an overview of the proposed development stating there were additional
items necessary to complete the review process. Staff requested the
applicant provide the zoning classification within the plat boundary and of
abutting properties. Staff also questioned if variances were being
requested to allow the street grades as indicated. Mr. James Dreher
stated the grades indicated were County standards and questioned if a
variance was necessary. Staff noted the City’s Master Street Plan did not
allow the grades indicated and a variance would be required to allow the
street to develop as indicated.
Public Works comments were addressed. Staff stated Lawson Road
would require dedication and street construction per the Master Street
Plan. Staff also stated there was concern with sight distances at
intersections within the proposed plat boundary. Staff requested
Mr. Dreher provide a Sight Distance Certification per AASHTO standard.
Staff noted streetlights would be required. Mr. Dreher stated provisions
would be made per Section 31-403(c)(1) of the Little Rock Code of
Ordinances. This section requires the developer provide facilities that will
enable standard lighting design to be installed at some future date, at no
additional cost. The facilities are to include power service to the point of
placement of poles and fixtures. Easements are required to allow the
future lighting plan. Staff stated they were supportive of allowing the rural
subdivision to develop utilizing County standards for street design.
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
6
Mr. Dreher stated he had contacted the State Health Department and in
their opinion lots in excess of three (3) acres were not considered a
subdivision. He stated the individual perk test and sanitary sewer disposal
placement would be the responsibility of the individual lot owners.
Pulaski County comments were addressed. Staff stated Ventana Ridge
was to be constructed flush with the southern property line. Staff also
stated they were concerned with only one access to the subdivision and
that access being located across a floodway. Staff stated they felt this
could become a health, safety and welfare issue if a disaster occurred.
Staff stated there was a possibility of the only access being blocked and
washed out by a flood and this would not allow any access for emergency
personnel. Mr. Dreher stated he would meet with the County and discuss
options to allow for the development of the subdivision and address staff’s
concerns related to the access.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
H. ANALYSIS:
Mr. Dreher submitted a revised preliminary plat addressing a number of
the issues raised at the July 17, 2008, Subdivision Committee meeting.
The applicant has provided the zoning classification within the plat
boundary and of the abutting properties and requested a variance from the
Master Street Plan to allow the collector street to be constructed to County
Master Road Plan standards. The plat indicates Ventana Ridge has been
designed to follow the ridge and if the plat is changed to allow a 90-degree
angle with the property line grades become an issue. The applicant has
indicated the road will be constructed flush with the south property line,
but will not be realigned to be at a 90-degree angle with the property line.
A total of 10,657 liner feet of new public street is proposed within the
subdivision. Staff is supportive of the design as proposed.
The development is proposed with forty-four (44) estate style residential
lots created from this 212 acre tract. The subdivision is proposed in four
(4) phases. Lots 1 – 18 will be developed in the first phase. The second
phase is proposed with the development of ten additional lots, Lots 19 -
28. Phase 3 includes Lots 29 – 35. The final phase is proposed with the
development of Lots 36 – 44. The lots will be developed utilizing Central
Arkansas Water and individual disposal permits by each of the lot owners.
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
7
All the lots are indicated in excess of three acres, which exempts them
from pre-approval perk testing by the Health Department. According to
the State Health Department lots in excess of three acres are not
considered a subdivision therefore do not require pre-approval of septic
systems.
The streets will be developed utilizing County Master Road Plan standards
and a design standard per the City’s Master Street plan which will allow
the streets to develop without curb, gutter and sidewalk and utilizing open
ditches for drainage. Ventana Ridge will be constructed per the City’s
Local – Industrial Street standard with open ditches. This design requires
a 68 foot right of way. Contained within the right of way is 28 feet of
paving, six foot paved shoulder, four foot green shoulder, ditch and a ten
foot utility easement. The street is proposed constructed to County
Master Road Plan standards which allows a 15 percent grade in-lieu of the
typical 12 percent grade allowed by the City’s Master Street Plan. The
remainder of the streets will be constructed per the Master Street Plan for
local residential streets with open drainage. The residential streets require
the placement of a 68-foot right of way. Contained within the right of way
is a 24 foot paved surface, six foot paved shoulder, six-foot drainage ditch
and a ten foot utility easement per the City’s standard.
The subdivision is proposed with platted building lines per the typical
ordinance standards. The building line proposed along Lawson Road is
35-feet. The building line proposed along the collector street, Ventana
Ridge is 30 feet and the building line proposed along the residential
streets is 25-feet.
The County has indicated a conditional support for allowing the single
access to the development. According to Pulaski County Department of
Planning the applicant is required to secure a letter of map revision from
the Corp of Engineers removing the proposed street entrance from the
floodway.
Staff is supportive of the request. The development is proposed with lot
sizes ranging from 3.01 acres to in excess of 5.0 acres. The average lot
size proposed is 4.42 acres. The development is proposed with a density
of 0.2 units per acre. To staff’s knowledge there are no outstanding
technical issues associated with the request. Staff feels the development
of the subdivision with estate type lots should not adversely impact on the
area.
September 18, 2008
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1544-A
8
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the
agenda staff report.
Staff recommends approval of the variance request from the Master Street
Plan to allow an increased street grade for the proposed collector street.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated July 31,
2008, requesting a deferral of this item to the September 18, 2008, public
hearing. Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for Deferral as recommended by
staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The applicant submitted a request dated September 8, 2008, requesting a
deferral of this item to the October 30, 2008, public hearing. Staff is supportive of
the deferral request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated
September 8, 2008, requesting a deferral of this item to the October 30, 2008,
public hearing. Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by
a vote of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: B FILE NO.: S-867-EEEEEEE
NAME: Lot 1 Tract 94 Chenal Valley Apartments Subdivision Site Plan Review
LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road
Extension
DEVELOPER:
Richland/Deltic Timber Company
7 Chenal Club Circle
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 22.7 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: MF-18
PLANNING DISTRICT: 19 – Chenal Planning District
CENSUS TRACT: 42.11
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated July 17, 2008, requesting a deferral of this item
to the September 18, 2008, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated July 17, 2008,
requesting a deferral of this item to the September 18, 2008, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for Deferral as recommended by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
September 18, 2008
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: S-867-EEEEEEE
2
STAFF UPDATE:
The applicant submitted a request dated September 9, 2008, requesting a deferral of
this item to the October 30, 2008, public hearing. Staff is supportive of the deferral
request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 9,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: C FILE NO.: Z-4807-J
NAME: Lot 3, Tract 94 Chenal Valley Long-form PCD
LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road
Extension
DEVELOPER:
Deltic Timber Company
7 Chenal Club Circle
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 8.38 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: MF-18
ALLOWED USES: Multi-family 18 units per acre
PROPOSED ZONING: PCD
PROPOSED USE: C-3, General Commercial District and O-3, General
Office District
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated July 17, 2008, requesting a deferral of this item
to the September 18, 2008, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated July 17, 2008,
requesting a deferral of this item to the September 18, 2008, public hearing. Staff
stated they were supportive of the deferral request.
September 18, 2008
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-4807-J
2
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for Deferral as recommended by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The applicant submitted a request dated September 9, 2008, requesting a deferral of
this item to the October 30, 2008, public hearing. Staff is supportive of the deferral
request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 9,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: D FILE NO.: Z-4807-K
NAME: Lot 2, Tract 94 Chenal Valley Long-form PD-R
LOCATION: Located on the Southwest corner of LaGrande Drive and Rahling Road
Extension
DEVELOPER:
Richland/Deltic Timber Company
7 Chenal Club Circle
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 8.02 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: POD, R-2, Single-family and MF-24
ALLOWED USES: Office, Single-family and Multi-family up to 24 units per acre
PROPOSED ZONING: PD-R
PROPOSED USE: Multi-family 13.97 units per acre
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated July 17, 2008, requesting a deferral of this item
to the September 18, 2008, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated July 17, 2008,
requesting a deferral of this item to the September 18, 2008, public hearing. Staff
stated they were supportive of the deferral request.
September 18, 2008
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-4807-K
2
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for Deferral as recommended by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The applicant submitted a request dated September 9, 2008, requesting a deferral of
this item to the October 30, 2008, public hearing. Staff is supportive of the deferral
request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 9,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: E FILE NO.: Z-4213-J
NAME: The Look Out at Colonel Glenn Long-form PCD
LOCATION: Located on the Northwest corner of Colonel Glenn Road and Lawson
Road
DEVELOPER:
R. Huckaby Development Company
30 Bretagne Circle
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 6.6 acres NUMBER OF LOTS: 3 FT. NEW STREET: 500 LF
CURRENT ZONING: O-3, General Office District
ALLOWED USES: General Office
PROPOSED ZONING: PCD
PROPOSED USE: O-3, General Office, C-1, Neighborhood Commercial
and C-3, General Commercial
VARIANCES/WAIVERS REQUESTED:
1. A variance from the Land Alteration Ordinance to allow grading of the three lots with
the construction of the first building.
2. A variance from the Master Street Plan to allow an increased vertical profile of an
arterial street.
3. A variance from the Master Street Plan to allow an increased vertical profile of a
minor commercial street.
4. A variance from the Master Street Plan to allow an increased intersection grade at
Huckaby Corporate Drive and Colonel Glenn Road.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
2
A. PROPOSAL/REQUEST:
The property is located at the Northwest corner of Lawson Road and Colonel
Glenn Road. The developer intends to subdivide the property into three (3) lots.
Lot 1 is proposed for future C-3, General Commercial District uses and Lot 2 is
proposed with a spec building with C-1, Neighborhood Commercial uses. Lot 3
is proposed with a seven story office building utilizing O-3, General Office District
uses and the allowance of accessory uses as defined in the O-3, General Office
Zoning District.
Lot 1 will contain 1.32 acres. Lot 2 will contain 1.24 acres and a 14,000 square
foot single story commercial building. The site plan indicates the placement of 55
parking spaces with a shared drive located on the property line of Lots 1 and 2
and accessed from Huckaby Corporate Drive. Lot 3 is proposed containing 2.32
acres and 195 parking spaces. Of the seven stories proposed for the office
building the first two levels are parking and the remaining levels contain 78,125
square feet of office space.
The request includes a variance from the Land Alteration Ordinance to allow
grading of the three lots with the construction of the first building. Variances from
the Master Street Plan to allow an increased vertical profile of an arterial street
and of a minor commercial street are being requested. The applicant is also
seeking a variance from the Master Street Plan to allow an increased intersection
grade at Huckaby Corporate Drive and Colonel Glenn Road.
B. EXISTING CONDITIONS:
The site was cleared with the construction of Bowman Plaza Subdivision located
to the east. The grade is such that the center of the site is approximately 60 feet
higher than the elevation at the eastern and southern boundaries. To the north is
a manufactured home park accessed from Bowman Road. South of the site is a
volunteer fire station and east is a parking lot serving the Bowman Plaza
Office/Warehouse development. The area is a commercial node containing a
convenience store, a neighborhood grocery, branch banks, a number of car
dealerships and a movie theater.
Colonel Glenn Road is a narrow unimproved road adjacent to the site with open
ditches for drainage. Adjacent to this site is a hard curve which is proposed for
reconstruction with the redevelopment of abutting properties.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property owners.
All property owners located within 200 feet of the site, all residents, who could be
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
3
identified, located within 300 feet and Southwest Little Rock United for Progress
were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Colonel Glenn Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way for a total width of 110 feet will be
required along the frontage of the subject property where the applicant owns
both sides of the Colonel Glenn Road per the realignment. In other words
the entire right-of-way width will be dedicated from the subject property not
just the northern half.
2. With site development, provide the design of street conforming to the
Master Street Plan. Construct full street improvements to Colonel Glenn
Road including 5-foot sidewalks with the planned development on the new
alignment. The full construction of the street for a principal arterial street,
which includes 59 feet from back of curb to back of curb should occur from
the west curb line of Lawson Road to the applicants west property line.
Transition areas should be provided on the east and west sides of the full
street construction. Resubmit plans reflecting these changes showing what
parts will be built by the applicant as part of this project.
3. Provide vertical profiles of Colonel Glenn Road, Huckaby Corporate Drive
and their intersection.
4. With site development, provide the design of street conforming to the
Master Street Plan. Construct street improvement to Huckaby Corporate
Drive including 5-foot sidewalks on both sides of the street with the planned
development.
5. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The east driveway should be
removed. The driveway spacing requirement on a principal arterial street is
a minimum of 300 feet.
6. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction.
7. Provide a Sketch Grading and Drainage Plan as required per Section 29-
186 (e). Show all proposed grades, retaining walls heights, slopes, and
terraces heights.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
4
8. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
9. Provide a letter prepared by a registered engineer certifying the intersection
sight distance complies with 2004 AASHTO Green Book standards.
10. Hauling of fill material on or off site over municipal streets and roads
requires approval prior to a grading permit being issued. Contact Public
Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis
Herbner) for more information.
11. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
12. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1805 (Travis Herbner).
13. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
14. Colonel Glenn Road must be constructed per the 2004 AASHTO Green
Book which requires Colonel Glenn Road to be superelevated to a
maximum slope of 4% per Exhibit 3-14 for a design speed of 45 mph.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements to serve the
proposed lots. Contact Little Rock Wastewater Utility for additional information.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Central Arkansas Water needs a 20-foot-wide
waterline easement centered over the existing 12-inch water main where public
right-of-way is being abandoned or else the 12-inch water main must be
relocated to the proposed public right-of-way at the expense of the developer.
Please submit plans for water facilities and/or fire protection system to Central
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
5
Arkansas Water for review. Contact Central Arkansas Water regarding
procedures for installation of water facilities and/or fire service. Approval of plans
by the Arkansas Department of Health Engineering Division and Little Rock Fire
Department is required. Fire sprinkler systems, which do not contain additives
such as antifreeze shall be isolated with a double detector check valve assembly.
If additives are used, a reduced pressure zone backflow preventer shall be
required.
Fire Department: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Ellis Mountain Planning District.
The Land Use Plan shows Mixed Office Commercial for this property. The
applicant has applied for a Short form Planned Commercial Development for a
mixed development of office and commercial uses.
The request does not require a change to the Land Use Plan.
Master Street Plan: Colonel Glenn Road is shown as a Principal Arterial. The
primary function of a Principal Arterial is to serve through traffic and to connect
major traffic generators or activity centers within urbanized areas. Entrances and
exits should be limited to minimize negative effects of traffic and pedestrians on
Colonel Glenn since it is a Principal Arterial. There is a proposed street on this
Planned Development, which would be a local street. The primary function of a
Local Street is to provide access to adjacent properties. Local Streets which are
abutted by non-residential zoning/use or more intensive zoning than duplexes
are considered as “Commercial Streets”. These streets have a design standard
the same as a Collector. These streets may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class I route is shown along Colonel Glenn Road. A Class I
bikeway is built separate from or alongside a road. Additional paving and right of
way may be required.
Neighborhood Action Plan: This area is not covered by a Neighborhood Action
Plan.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
6
Landscape:
1. The site plan must comply with the City’s landscape ordinance requirements.
2. The zoning buffer ordinance requires a minimum fifty foot wide (50’) land use
buffer along the northern property line. Seventy percent (70%) of which is to
be left undisturbed. Easements cannot count towards meeting this minimal
requirement.
3. The zoning buffer ordinance requires a minimum sixteen and one half foot
wide (16.5’) land use buffer along the western property line. Seventy percent
(70%) of which is to be left undisturbed. Easements cannot count towards
meeting this minimal requirement.
4. A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along the
northern and the western perimeters of the site. Credit towards fulfilling this
requirement can be given for existing trees and undergrowth that satisfies this
year-around requirement.
5. This site plan is being reviewed as an overall development, which will require
an automatic irrigation system to water landscaped areas on all lots at the
time of development.
6. This site plan is being reviewed as an overall development. 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.
7. The City Beautiful Commission recommends preserving as many existing
trees as feasible on tree covered sites. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6) inch
caliper or larger.
G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008)
Mr. Joe White was present representing the request. Staff presented the item
stating there were additional items necessary to complete the review process.
Staff stated details of the proposed signage plan were required including ground
mounted and building signage. Staff also stated site lighting was to be low level
and directional directed downward and into the site. Staff stated a minimum of
10 to 15 percent of the site was required to be designated as landscaped area.
Staff also requested Mr. White provide the percentage of building coverage, the
percentage of landscaping and the percentage of paved area in the general
notes section of the site plan.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
7
Public Works comments were addressed. Staff stated Colonel Glenn Road was
indicated as a principal arterial and would require dedication and street
construction per the Master Street Plan. Staff stated the design of Colonel Glenn
Road adjacent to the site included removal of the existing “hard curve” with the
entirety of the new road construction located on the applicant’s property. Staff
stated they would work with the developer to provide the transition with the
existing road and the new construction. Staff requested Mr. White provide the
vertical profile of Colonel Glenn Road and Huckaby Corporate Drive. Staff
questioned Mr. White concerning his plans for grading. Mr. White stated the
desire was to haul the excess dirt from this site to a site on Stagecoach Road.
He stated the fill site was a separate application request on the agenda the
Village at Hidden Creek Apartments Long-form PID (Z-8235-A). There was a
general discussion of what would be considered imminent construction on both
projects. Staff stated construction was required to begin within eight months of
clearing and grading to be considered imminent.
Landscaping comments were addressed. Staff stated the site plan proposed
along the northern boundary did not comply with the City’s Buffer Ordinance
requirements. Staff stated easements could not count in meeting the buffer
requirement and 70 percent of the buffer area was to remain undisturbed. Staff
also stated since the site plan indicated in excess of 150 parking spaces the
interior landscape islands would need to be 300 square feet in area. Mr. White
stated the individual lots did not contain in excess of 150 spaces. He stated
based on the number of spaces on each of the lots the lots should be allowed the
lesser 150 square foot interior islands. Staff stated the interior landscaping
would be based on the individual lot development. Staff noted screening would
be required on the lots abutting residentially zoned and used property.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
Mr. White provided staff with an updated site plan addressing most of the issues
raised at the July 17, 2008, Subdivision Committee meeting. The revised plan
indicates the proposed signage plan, a note concerning the site lighting and the
percentage of building coverage, the percentage of landscaping and the
percentage of paved area in the general notes section of the site plan. The drive
on Colonel Glenn has been removed. The applicant has met with staff
concerning the street alignment and street construction of Colonel Glenn Road
along the property’s frontage.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
8
The development is proposed with three (3) lots. A new public street will be
extended from Colonel Glenn Road with all access drives on the new street. The
street is proposed with 500 linear feet and constructed with 31 feet of pavement
in a 60 foot right of way. A sidewalk will be placed along the east side of the
street. As the property to the west is developed the additional sidewalk will be
added in this area by the future development to comply with the Master Street
Plan.
Lot 1 is proposed for future C-3, General Commercial District uses and has not
been indicated with a development plan. According to the applicant at the time of
development the building footprint and parking areas will be submitted to the City
for approval through a revision to the PCD. Lot 1 will contain 1.32 acres.
Lot 2 is proposed containing 1.24 acres developed with a spec building utilizing
C-1, Neighborhood Commercial uses as allowable uses. The building is
proposed containing 14,000 square feet. A total of 55 parking spaces are
indicated on the site plan. The parking required for a commercial development is
one space per 300 gross square feet. Based on the square footage proposed a
total of 46 spaces would typically be required. Building signage is proposed
along the front of the building. The building signage will comply with signage
allowed in commercial zones or a maximum of 10 percent of the front façade
area. A single ground mounted monument style sign is proposed within the front
yard area. The sign is proposed with a maximum height of six feet and a total
sign area of 120 square feet. The maximum building height is 35 feet. The lot
coverage for Lot 2 is 26 percent. The paved area is 42.5 percent and the
landscaped and open space area is 31.5 percent.
Lot 3 is proposed with a seven-story office building utilizing O-3, General Office
District uses and the allowance of accessory uses as defined in the O-3, General
Office Zoning District. The lot will contain 2.32 acres. The office building will
total 78,125 square feet and 195 parking spaces. Of the seven stories proposed
the first two levels are parking with the remaining levels being office space. The
parking required for an office development based on the above square footage
would be 195 spaces. The maximum building height is 95 feet. Lot 3 has
15.5 percent of building coverage, 33.6 percent paved area and 50.9 percent
landscape and open space area. Building signage is proposed along the front of
the building. The building signage will comply with signage allowed in office
zones or a maximum of 10 percent of the front façade area. A single ground
mounted monument style sign is proposed within the front yard area. The sign is
proposed with a maximum height of six feet and a total sign area of 120 square
feet.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
9
The hours of operation for the retail and office is 6:30 am to 10:00 pm seven
days per week. The hours of operation for a restaurant use is 6:30 am to
11:00 pm seven days per week. The dumpster service hours are limited to
6:30 am to 10:00 pm seven days per week. All site lighting is to be low level and
directional, directed downward and into the site.
The request includes a variance from the Land Alteration Ordinance. The excess
fill from this site will be used on a site located on Stagecoach Road near the
County line. The fill site is a separate item on this agenda, the Village at Hidden
Creek Apartments Long-form PID (Z-8235-A). The trigger for the grading would
be when a building permit is pulled for either of the two sites. The entirety of this
site would be “brought down” and Tract E and Lots 1 – 6 of the Stagecoach Road
site will be filled.
Variances from the Master Street Plan to allow an increased vertical profile of an
arterial street and of a minor commercial street are being requested. The
applicant is also seeking a variance from the Master Street Plan to allow an
increased intersection grade at Huckaby Corporate Drive and Colonel Glenn
Road.
Staff is supportive of the request. The site is indicated as Mixed Office
Commercial on the City’s Future Land Use Plan. The development as proposed
is a mixed use development of office and commercial uses and is consistent with
the City’s plan for the area. To staff’s knowledge there are no outstanding
technical issues associated with the request. Although there are variances from
the Master Street Plan and the Land Alteration Ordinance staff does not feel
these variances will significantly impact the development or the area.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request from the Land Alteration
Ordinance to allow grading of the three lots with the issuance of a building permit
for this site or for the site located on Stagecoach Road, the Village at Hidden
Creek Long-form PID.
Staff recommends approval of the variance request from the Master Street Plan
to allow an increased vertical profile of an arterial street.
Staff recommends approval of the variance request from the Master Street Plan
to allow an increased vertical profile of a minor commercial street.
September 18, 2008
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-4213-J
10
Staff recommends approval of the variance request from the Master Street Plan
to allow an increased intersection grade at Huckaby Corporate Drive and Colonel
Glenn Road.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
Staff presented the item with a recommendation of deferral of the item to the
September 18, 2008, public hearing to allow staff and the applicant time to meet with an
adjoining property owner to address their concerns related to the site grading and the
retaining wall height.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for Deferral as recommended by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
There are no changes proposed from the previous agenda write-up. Staff continues to
support the request and the associated land alteration ordinance variance request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 16,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated the deferral request would require a waiver of the Commission’s By-laws with
regard to the late deferral request. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion for the
waiver of the Commission’s By-laws with regard to the late deferral request. The motion
carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: F FILE NO.: Z-7603-E
NAME: Cantrell Falls Lot 1 Short-form PCD
LOCATION: Located at 14910 Cantrell Road
DEVELOPER:
FRP Cantrell, LLC
11500 North Rodney Parham Road, Suite 3
Little Rock, AR 72212
ENGINEER:
The Holloway Firm, Inc.
Mr. Bob Holloway
200 Casey Drive
Maumelle, AR 72113
AREA: 1.15 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: O-3, General Office District and C-3, General Commercial District
PROPOSED ZONING: Revised PCD
PROPOSED USE: O-3, General Office District and C-3, General Commercial District –
A revision to allow a commercial ground-mounted sign within the landscape area
on Lot 1.
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
A request to rezone a portion of this site from R-2, Single-family to POD was filed and
withdrawn from consideration prior to the June 3, 2004, Planning Commission Public
Hearing. The applicant proposed a development to include office and commercial
activities on 3.6 acres located along the western portion of this site. (Z-7603)
Ordinance No. 19,314 adopted by the Little Rock Board of Directors on April 19, 2005,
established PDC Company Short-form POD. The request included the development of
a 3.6 acre parcel as a Planned Office Development with a restaurant facility on one of
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
2
the proposed lots and an office building on the second lot. Lot 1 would develop with a
restaurant without drive-through service containing 4,500 square feet and Lot 2 would
develop with 29,200 square foot of office space. The overall percent for each use on
the site was eighty-seven percent office and thirteen percent commercial. The approval
established the hours of operation from 6 am to midnight seven days per week. The
development has not been constructed. (Z-7603-A)
On June 22, 2006, the Little Rock Planning Commission denied a request to allow
14910 Cantrell Road and the PDC Company Short-form POD to be rezoned from R-2,
Single-family and POD to PCD to allow a four-lot subdivision with a combination of sit-
down and drive-through restaurants. The lots varied in size from 1.3 acres to 2.5 acres.
Restaurant sizes range from 4,100 square feet to 7,200 square feet. A cul-de-sac
would be constructed as a public street from Highway 10 through the middle of the lots
to provide public street frontage for each lot. The developer requested the flexibility to
shift lot area and restaurant size within the development to accommodate a variety of
tenants.
A 40-foot access and utility easement was proposed from the cul-de-sac to a property
located to the east of the site. The site was approved as a PCD to allow the
construction of a strip retail center with no parking or access located along the rear of
the building. According to the applicant access to the site to the east would allow
circulation between developments and limit the need for vehicles to access Cantrell
Road from the development site. Placement of the access easement would allow
vehicles from as far west as Regions Bank to access the existing traffic signal for
protected left turns. (Z-7603-B)
On February 6, 2007, the Little Rock Board of Directors approved Ordinance No. 19,694
rezoning 14910 Cantrell Road from R-2, Single-family to PCD which allowed the
development of 4.2 acres as a two lot development. The site plan indicated two
buildings would be constructed on the site. A building containing 7,200 square feet and
107 parking spaces was proposed on the lot fronting Cantrell Road and a second
building containing 6,300 square feet and 110 parking spaces was proposed for the rear
lot. A maximum of 13,000 square feet of restaurant space was approved. A selected
list of commercial uses was approved for the site other than a restaurant. The hours of
operation for a restaurant facility were limited to 10:00 am to midnight seven days per
week. The lots were proposed each containing in excess of two acres. Access to the
development was proposed through a 24-foot drive located along the western perimeter
of the site and was to be shared with the property approved for PDC Short-form POD
located to the west proposed for future development with office and commercial uses.
The following uses were approved as allowable uses for the development: Bank or
savings and loan, Book and stationary store, Camera shop, Clinic (medical, dental or
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
3
optical), Clothing store, Eating place without drive-in service, Florist shop, Furniture
store, Hardware or sporting goods store, Health studio or spa, Jewelry store, Laundry,
domestic cleaning, Office (general and professional), Optical shop, Photography studio,
Retail uses not listed (enclosed).
A definition of a “sit down restaurant” was also approved. A “sit down restaurant” is a
type of restaurant, which provides tables where one sits down to eat a meal, typically
served by wait staff. Historically called simply restaurants, following the rise of fast food
restaurants, a retronym for the older “standard” restaurant was created. Most
commonly, “sit down restaurant” refers to a casual dining restaurant with table service
rather than a fast food service where one orders food at a counter. Sit down
restaurants are often further categorized as “family style” or “formal”. (Z-7603-C)
Ordinance No. 19,946 adopted by the Little Rock Board of Directors on April 1, 2008,
allowed a revision to the previously approved PCD. The approval allowed two separate
approvals, a POD and a PCD, to be combined into a single development. The
development contained four lots titled Cantrell Falls Long-form PCD. The approval
allowed a 3,400 square foot drive-through restaurant on Lot 1, a 29,180 square foot
office building on Lot 2, including a banking facility with drive-through service, a
6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a
11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of
operation for the development are proposed from 6 am to midnight seven days per
week. A single development sign serving the four (4) lots was approved. (Z-7603-D)
A. PROPOSAL/REQUEST:
The applicant is seeking a revision to the previously approved site plan to allow
the placement of a commercial ground-mounted sign located within the
landscape front yard area of Lot 1. The sign is proposed with a maximum height
of six feet and a maximum sign area of seventy-two square feet. The sign is
proposed with the company’s logo, lettering spelling out the company name and
a LED reader board. There are no other changes or modifications proposed for
the site plan from the previous approval.
B. EXISTING CONDITIONS:
The site is a grass covered tract with a scattering of trees. To the east of the site
is the Wal-Greens development, a strip retail center and Catfish City is located
further east. The area to the north is vacant and undeveloped; currently zoned
R-2, Single-family. To the west of the site is a branch bank adjacent to Cantrell
Road and a dentist office and medical office are located in the rear of the site on
separate lots. To the south of the site are vacant properties zoned R-2, Single-
family.
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
4
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents concerning the proposed request. All residents who could be identified
located within 300-feet of the site, the Westchester/Heatherbrae, the Secluded
Hills, the Westbury and the Pinnacle Valley Neighborhood Associations, the
Coalition of West Little Rock Neighborhoods and all owners of property located
within 200-feet of the site were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. All public improvements must be constructed as previously approved. All
comments apply on previous application for construction of streets, sidewalks,
and drainage.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Contact Central Arkansas
Water Works regarding the size and location of the water meter(s). A Capital
Investment Charge based on the size of connection(s) will apply to this project in
addition to normal charges. Provisions need to be taken to provide water service
and fire protection to the property in the rear. Easements will be needed outside
the paved area to allow for installation of meter(s) and fire hydrant(s).
Fire Department: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #25 - the Highway 10 Express
Route.
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
5
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the River Mountain Planning
District. The Land Use Plan shows Mixed Use for this property. The applicant
has applied for a revised Planned Commercial Development for a commercial
use.
The request does not require a change to the Land Use Plan.
Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of
a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits should
be limited to minimize negative effects of traffic and pedestrians on Cantrell since
it is a Principal Arterial. The street may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes in the immediate vicinity.
Neighborhood Action Plan: This area is covered by the River Mountain
Neighborhood Action Plan. The Sustainable Natural Environment Goal states:
“Promote vigorous enforcement of Landscaping & Excavation Ordinance.”
Landscape: No comment concerning the proposed signage request.
G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008)
The applicant was present. Staff presented an overview of the development
stating the request was for individual lot signage for Lot 1 of the Cantrell Falls
Subdivision. Staff stated there were no other modifications proposed. Staff
stated there were no site plan issues in need of addressing.
The applicant stated the desire was for the allowance of an individual tenant sign
located on their lot. He stated Burger King desired the sign to allow a message
reader board to identify products, sales promotions and/or hours. He stated the
sign would comply with the height and area allowed per the overlay. He stated
the sign would be a brick base monument sign with a simple logo, the name of
the business and a small reader board complying with the City’s standards
regarding electronic message reader boards.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
6
H. ANALYSIS:
There were no outstanding technical issues associated with the request in need
of addressing raised at the July 17, 2008, Subdivision Committee meeting. The
request is to allow a revision to the previously approved site plan for placement
of a commercial ground-mounted sign located within the landscape front yard
area of the proposed Burger King located on Lot 1 of the Cantrell Falls
Subdivision. The sign is proposed with a maximum height of six feet and a
maximum sign area of seventy-two square feet. The sign is proposed with the
company’s logo, lettering spelling out the company name and a LED reader
board.
Section 36-346(f)(2) of the Little Rock Code of Ordinances Site design and
development standards - Commercial building signage states each separate
commercial building will be allowed a single monument ground-mounted sign
located on the building site or in the landscaped front yard of the commercial
development. The sign shall be a maximum of six (6) feet in height and
seventy-two (72) square feet in area. Per Section 36-347 of the Little Rock Code
of Ordinances - Commercial developments and multiple building sites states in
the case of a commercial development or other development involving multiple
building sites, whether on one (1) or more platted lots, the regulations shall apply
to the development as an entire tract rather than to each platted lot. The
approval of the PCD for Cantrell Falls allowed the placement of a single ground
mounted monument commercial development sign. The sign is proposed
located within the front yard landscape area along Highway 10. The exact
location has not been determined but the site plan indicates the sign on this lot or
across the drive on proposed Lot 4. Section 36-346(f)(1) of the Little Rock Code
of Ordinances states signage identifying the commercial development shall not
exceed ten (10) feet in height and one hundred (100) square feet in area. All
signs that are ground-mounted shall be of a monument type design. These signs
may be installed in the landscaped area of the front and side yards.
There are no other changes or modifications proposed for the site plan from the
previous approval.
Staff is not supportive of the request. The purpose and intent section of the
Highway 10 Design Overlay District states a desire to protect and enhance the
scenic quality of the corridor by providing for sensitive development which will
maximize the natural foliage and terrain while also providing platted buffer and
landscaped areas. The ordinance also states the desire to create standards for
signage and parking lot lighting which are in keeping with the intent of the article.
Staff feels the development center signage and the building signage previously
approved allow for adequate signage to serve the development and the center.
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
7
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated August 6, 2008,
requesting a deferral of the item to the September 18, 2008, public hearing. Staff stated
the applicant’s representative had indicated the need for the deferral was related to
military duty. Staff stated the deferral request would require a waiver of the
Commission’s By-laws with regard to the late deferral request. Staff presented a
recommendation of approval of the deferral.
There was no further discussion of the item. The Chair entertained a motion for a
By-law waiver with regard to the deferral request. The motion carried by a vote of
9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item
on the Consent Agenda for Deferral as recommended by staff. The motion carried by a
vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
There are no changes to the proposed development. Staff continues to recommend
denial of the request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
Mr. Dominick Flis and Mr. David Flis were present. There were registered objectors
present. Staff presented the item with a recommendation of denial.
Mr. David Flis stated he was a resident of Arkansas for 30 plus years and picked
Arkansas to be his home. He stated presently he had three stores in Little Rock. He
stated he did not desire to build in Little Rock because of the development regulations
the City imposed. He stated he purchased the property for $700,000. He had building
cost of $800,000 and FFE of $400,000. He stated he wanted assurance he could
recoup the money expended by exercising his landowner rights and the placement of a
sign within the landscaped area of his site. He stated the parcel was a separate lot and
he should be allowed a sign to identify his business separate from the development
signage proposed.
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
8
Dominick Flis presented the Commission with photos of the area and other signage
located along the corridor. He stated there were a number of developments which had
multiple signs and he desired to be treated the same as these developments. He stated
the sign proposed for the development was 300 feet from the nearest sign located at
Taylor Loop Road and Cantrell Road. He stated the sign proposed for Burger King was
100 feet from the development sign for Cantrell Falls. He stated this would not create
visual clutter as indicated by staff. He stated the Center at 10 was allowed three signs
and the Sonic located in the Kroger shopping center was also allowed individual
signage. He also stated the Bank of Little Rock and Little Rock Mortgage Company
also had individual signs.
Ms. Celia Martin of the Westchester Neighborhood addressed the Commission in
opposition. She stated this was not a case of the sign placement or the design or style
of the sign. She stated the neighborhood desired the Commission to uphold the
Highway 10 Plan. She stated in April the Commission approved the PCD for this
development. She stated at the August 7th Planning Commission meeting staff told the
Commission they did not set prescient by approving or denying an item and that each
item was judged on its individual merits. She stated this applicant was not the applicant
of the April approval but the applicant should have know what they were buying and
what could and could not be done on the property.
Mr. Mike Sarr, President of the Westchester Neighborhood Association, addressed the
Commission in opposition. He stated the neighborhood encouraged compliance with
the overlay and requested the Commission deny the request.
Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition.
She stated the League had been long standing supporters of the Overlay. She stated
the Commission had typically been consistent supporters of setbacks and signage and
very seldom allowed variation. She stated it was not time for a change. She stated an
experienced businessman should have known what he could and could not do on a
piece of property.
Commissioner Nunnley questioned staff why this site was different than the others
Mr. Flis had indicated. Staff stated the signage plan for the developments provided by
Mr. Flis were part of the originally approved site plan through the planned development
process. Staff stated the developers of Cantrell Falls ask for a single sign to serve the
development and that was what was approved.
There was a general discussion of the Commission stating the site was the same
development. The Commissioners stated although this was this developers first trip to
the Commission it did not change the fact Cantrell Falls PCD was a long hard fought
battle. The Commissioners stated the site was not recognized for commercial
September 18, 2008
SUBDIVISION
ITEM NO.: F (Cont.) FILE NO.: Z-7603-E
9
development and to allow the commercial activity on the site was a negotiation process
of give and take. The Commissioners stated there were restrictions placed on the
future development of the property in order to get the commercial zoning. The
Commission stated there were additional restrictions on this property that may not be on
other parcels. The Commission stated this was all a part of the approval.
There was no further discussion of the item. The chair entertained a motion for
approval of the item. The motion failed by a vote of 3 ayes, 4 noes, 3 absent and
1 abstention (Commissioner JT Ferstl).
September 18, 2008
ITEM NO.: G FILE NO.: Z-8233-A
NAME: Lot 25, Longleaf Cove Short-form POD
LOCATION: Located on the West side of South Katillus Road approximately 300 feet
South of Cantrell Road
DEVELOPER:
Katillus Court LLC
13503 Kanis Road
Little Rock, AR 72211
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 4.9 acres NUMBER OF LOTS: 25 FT. NEW STREET: 730 LF
CURRENT ZONING: PD-R
ALLOWED USES: Single-family residential
PROPOSED ZONING: POD
PROPOSED USE: General and Professional Office
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 19,794 adopted by the Little Rock Board of Directors on August 6, 2007,
rezoned the site from R-2 Single-family to PD-R. The property contained approximately
4.9 acres and was proposed for subdivision into 25 single-family lots. The lots were
approved with an average size of 50-feet by 115-feet or 5,750 square feet. The
approval allowed an overall density of 5.1 units per acre. The plan indicated the
placement of a 20-foot front building line for the lots abutting Long-leaf Cove and a five
(5) foot side yard setback. The front building line proposed along Katillus Road was
25-feet. All lots were proposed with a 25-foot rear yard setback.
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
2
A. PROPOSAL/REQUEST:
The applicant is now seeking to rezone the site from PD-R to POD to allow the
construction of a new general and professional office building on the site. The
construction is proposed to be single-family in appearance. The office use is
intended to serve the owner’s construction and real estate business. The site
plan indicates the construction of a 3,200 square foot single story structure.
There are 10 parking spaces proposed within the rear yard of the new building.
The maximum building height proposed is 25-feet. The alternative uses
proposed for the structure are those listed in the O-1, Quiet Office zoning district.
The hours of operation are from 7 am to 6 pm daily.
The request includes a variation from the Zoning and Buffer Ordinance and the
Landscape Ordinance requirements. A drive is proposed along the northern
perimeter of the site located four feet from the property line. The building is
proposed five feet from the southern property line and the parking lot back out is
located four feet from the southern property line. The ordinances would typically
require the placement of a nine foot perimeter landscape strip along the northern
and southern perimeters.
B. EXISTING CONDITIONS:
The site is located south of Cantrell Road on the west side of Katillus Road. To
the east of the site is a newly developing subdivision, Montagne Court. To the
south of the site is a newly developing single-family subdivision. Further south
are single-family homes located on large lots accessed from Katillus Court.
There is a one acre tract located immediately north of the site containing a
single-family home with the remainder of the area to the north fronting Cantrell
Road and previously used as a non-conforming commercial business.
The site has been cleared and a new street has been constructed. There are
new single-family homes currently under construction. Johnson Creek is located
to the west of the site. Further west is a large parcel with a single home on the
parcel accessed from Drew Drive.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property owners.
All property owners located within 200 feet of the site, all residents could be
identified located within 300 feet of the site along with the Coalition of West Little
Rock Neighborhoods and the Montagne Court Property Owners Association
were notified of the Public Hearing.
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
South Katillus Road for the frontage of this property must meet commercial
street standards. Dedicate right-of-way to 30 feet from centerline.
2. Street improvements are in place. No additional street improvements will be
required.
3. All driveways shall be concrete aprons per City Ordinance. The aprons shall
be constructed per Public Works standards with driveway flairs or radiuses.
Little Rock Code requires driveways to be placed 100 feet from property lines.
The driveway should be located in the center of the lot.
4. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
5. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
6. Storm water detention will not apply to the proposed development.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Contact Central Arkansas
Water Works regarding the size and location of the water meter(s). A Capital
Investment Charge based on the size of metered connection(s) will apply to this
project in addition to normal charges. The Little Rock Fire Department may
require an additional public fire hydrant in conjunction with this development. The
fire hydrant could be installed by Central Arkansas Water's forces at Developer's
expense, but would need to be coordinated with the contractor for this project.
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
4
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the River Mountain District. The
request is at the boundary between Transition and Single Family. The applicant
has applied for a rezoning to Planned Office Development for a one-lot office
use.
Because the Future Land Use Plan is general, and this application is right on the
line between Transition and Single Family, this request does not require a
change to the Land Use Plan.
Master Street Plan: Katillus Road is shown as a Local Street. The primary
function of a Local Street is to provide access to adjacent properties. Local
Streets which are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. These streets have a
design standard the same as a Collector.
Bicycle Plan: There are no bike routes shown in the vicinity.
Neighborhood Action Plan: This area is not covered by a Neighborhood Action
Plan.
Landscape:
1. The zoning buffer ordinance requires a nine-foot wide (9’) land use buffer
along both the northern and southern property lines. Seventy percent (70%)
of this area is to remain undisturbed.
2. A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along the
northern and southern perimeters of the site. Credit towards fulfilling this
requirement can be given for existing trees and undergrowth that satisfies this
year-around requirement.
3. The landscape ordinance requires a nine-foot wide (9’) landscape strip along
the sites entirety. The proposed driveway and parking lot are encroaching
into this perimeter landscape area. A variance must be obtained from the
City Beautiful Commission prior to the issuance of a building permit.
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
5
4. The City Beautiful Commission recommends preserving as many existing
trees as feasible on tree covered sites. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6) inch
caliper or larger.
G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008)
Mr. Joe White was present representing the request. Staff stated the request
was a rezoning from PD-R to POD to allow a single use office on the site. Staff
stated a new structure constructed residential in character was being proposed.
Staff stated the request would require a variance from the City’s Zoning and
Buffer Ordinance requirements. Staff stated the northern and southern
landscape strip were less than the typical nine foot minimum required. Staff also
requested Mr. White provide the proposed signage plan and the proposed hours
of operation of future uses.
Public Works comments were addressed. Staff stated the drive should be
located in the center of the property. Staff also stated street improvements were
in place on Katillus Road so no additional street improvements would be
required. Staff stated the storm water detention ordinance would not apply to the
future development of the site since the site was less than one acre.
Landscaping comments were addressed. Staff stated screening would be
required along the perimeters of the site. Staff stated the City Beautiful
Commission recommended preserving as many trees as feasible on tree covered
sites.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant did not submit a revised site plan to staff addressing the comment
raised at the July 17, 2008, Subdivision Committee meeting. The applicant has
indicated the desire is to maintain the drive located along the northern property
and has stated placing the drive in the center does not allow for development of
the structure to be residential in character.
The request is to allow a rezoning from PD-R to POD to allow the construction of
a new general and professional office building on the site. The office use is
intended to serve the owner’s construction and real estate business. The
alternative uses proposed for the structure are those listed in the O-1, Quiet
Office zoning district. The site plan indicates the construction of a 3,200 square
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
6
foot single story structure. The construction is proposed to be single-family in
character. There are 10 parking spaces proposed within the rear yard of the new
building. The maximum building height proposed is 25-feet.
The hours of operation are from 7 am to 6 pm daily. There are no dumpster
facilities proposed for the site.
The request includes a variation from the Zoning and Buffer Ordinance and the
Landscape Ordinance requirements. A drive is proposed along the northern
perimeter of the site located four feet from the property line. The building is
proposed five feet from the southern property line and the parking lot back out is
located four feet from the southern property line. The ordinances would typically
require the placement of a nine-foot perimeter landscape strip along the northern
and southern perimeters.
Signage has not been provided. Staff would recommend if signage is approved,
signage be limited to signage allowed in residential zones or a maximum of six
feet in height and not to exceed one square foot in sign area.
Parking proposed for the site is ten spaces. Based on the ordinance
requirements for an office development containing 3,200 square feet eight
spaces are required.
Staff has concerns with the site plan as proposed. The plan as indicated does
not include the typical landscape strip per the Landscape Ordinance nor the
zoning buffer both typically required at a minimum of nine feet. Staff also has
concerns with the proposed uses listed as alternative uses for the site. Although
the site is indicated as O-1, Quiet Office uses, there are a number of office uses
which are allowed in the zoning district which generate a great deal of traffic. A
medical office for instance would potentially generate a number of customers
whereas a general and professional office may not generate a great number of
vehicles visiting the site. Although the Land Use Plan is general in nature staff
feels the rezoning of the site for an office use is eroding into the single-family
uses located to the east and south of this site.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated August 6, 2008,
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
7
requesting a deferral of this item to the September 18, 2008, public hearing. Staff
stated the applicant was requesting the deferral to allow time to meet with the area
residents and staff to address concerns related to the site plan. Staff sated the deferral
request would require a waiver of the Commission’s By-laws with regard to the late
deferral request. Staff stated they were supportive of the deferral.
There was no further discussion of the item. The Chair entertained a motion for a
By-law waiver with regard to the deferral request. The motion carried by a vote of
9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item
on the Consent Agenda for Deferral as recommended by staff. The motion carried by a
vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
There are no changes to the proposed request. Staff continues to recommend denial of
the request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
Mr. Graham Smith was present representing the request. There were registered
objectors present. Staff presented the item with a recommendation of denial.
Mr. Smith stated the subdivision was developed with 25 residential lots with 24 lots
within the subdivision and the 25th lot fronting Katillus Road. He stated approximately
300 feet north of the site was Cantrell Road. He stated based on the City’s Future Land
Use Plan and the current development pattern of Highway 10 the property to the north
of his site would most likely be developed as office or commercial. He stated if allowed
to build an office on Lot 25 this would act as a buffer for the resident development to the
south and the future commercial uses to the north. He stated with the development of
the Longleaf Subdivision a conservation easement was left to also provide a buffer to
the residential uses to the south. He stated he felt it unfortunate his property fell on the
wrong side of the 300 foot line.
Mr. Smith stated he was willing to limit the use of the site to General and Professional
office uses. He stated his understanding of this classification would allow quiet office
uses such as a real estate office, a CPA or a lawyers office. He stated he understood
staff’s concerns related to a medical office on the site.
Mr. John Hill addressed the Commission in opposition of the request. He stated he was
a resident of the Montagne Subdivision and the proposed office use was located across
from the entrance to the subdivision. He stated Katillus Road was a residential street.
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
8
He stated the road was a narrow road and did not lend itself to commercial
development.
Mr. Lawrence McKellips addressed the Commission in opposition. He stated he bought
his home in 1970. He stated he had seen a number of changes along Highway 10. He
stated the previous approval required the placement of a six foot fence along the
property line between his property and Lot 25. He stated according to the minute record
the good side of the fence was to be facing outward. He stated he originally bought 3.5
acres and had since sold off 2.5 acres maintaining his home on one acre. He stated he
was against a business even alight business located next door to his home.
Mr. Don Smith addressed the Commission in opposition of the request. He stated he
was the president of the Montagne Court POA. He stated there were 51 homes in the
subdivision, 49 were occupied and a petition had been provided to the Commission with
46 signatures in opposition of the request. He stated the neighborhood had also written
letters in opposition of the request as well. He stated on the south side of Cantrell Road
there was a mixture of housing types including patio homes and homes on large lots
and acreage with the retail limited to Chenonceau Boulevard. He stated north of
Cantrell Road was different. He stated in this area there was retail and office
developments. He stated the site was located 300 feet south of Cantrell Road in the
heart of the neighborhood. He stated the neighborhood had concerns with noise,
lighting and non-residential activities taking place within the residential area.
Ms. Elli McKellips addressed the Commission in opposition of the request. She stated
her home was located adjacent to Lot 25. She stated Katillus Road was primarily
residential with Valley Falls Estates located south of the site and the Montagne Court
Subdivision located to the east. She stated the driveway proposed to serve the office
was located 45 feet from the south wall of her home and in this area there were two
bedrooms. She stated there were a number of office uses located in the area many of
which had vacancies.
Ms. Judy Smith addressed the Commission in opposition. She stated she was at the
hearing last year representing her parents when the development was approved. She
stated the fencing was to be installed with the good side facing outward which had not
been done. She also stated the home on Lot 25 was to be constructed with a pool in
the rear yard area. She stated the construction of an office use would increase the
noise in the area. She stated lighting was also a concern. She stated there was a great
deal of traffic in the area along Cantrell Road and it was difficult to exit Katillus Road.
Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition. She
stated an office development within a residential area was inappropriate. She stated
the approval was for a PD-R 13 months ago and now the developers was requesting to
allow the development of the property as an office use rather than a new home. She
stated she felt this too was inappropriate.
September 18, 2008
SUBDIVISION
ITEM NO.: G (Cont.) FILE NO.: Z-8233-A
9
Mr. Smith stated he was going to do something to Lot 25. He stated either build a home
or an office use. He stated his experience was when a home was constructed adjacent
to commercial uses the home was devalued in eight to ten years. He stated the office
he proposed for construction was residential in style and character. He provided the
Commission with a plan that would allow for development of the site adhering to the
landscape and buffer ordinance requirements. He stated with the plan the parking was
located in the front yard and the site looked and felt like an office development. He
stated by placing the parking in the rear the building took on a residential character. He
stated he felt this office use a good transition between the non-residential uses which
were likely to occur along Cantrell Road and the new single-family subdivision he was
developing to the south.
The Commission questioned Mr. Smith as to the proposed uses of the building. He
stated he was amending his application to limit the uses to general and professional
office uses. The Commission questioned signage. Mr. Smith stated he intended to
construct a brick structure within the front yard area and place his address within a
precast of the sign. Staff stated this was considered signage. Mr. Smith stated the sign
would be a three by three sign. The Commission questioned building signage.
Mr. Smith stated the name of the company would be placed on the door.
There was a general discussion by the Commission. A few indicated they felt the
proposed buffering was a good ideal but felt the proposal to rezone the site for an office
use was premature.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as amended to include limits of signage to three feet by three feet
and limit the allowed uses to general and professional office uses. The motion failed by
a vote of 1 aye, 7 noes and 3 absent.
September 18, 2008
ITEM NO.: H FILE NO.: LU08-09-02
Name: Land Use Plan Amendment - I-630 Planning District
Location: 3604 West 12th Street
Request: Single Family to Mixed Use
Source: Frank Riggins, Crafton Tull Sparks
PROPOSAL / REQUEST:
The applicant has requested that this item be deferred until the August 21
hearing. This deferral is an effort to have all the issues heard at one time: land
use plan amendment, planned development application and conditional use
permit. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The item was placed on consent for deferral to the September 18, 2008 hearing
at the request of Staff. By a vote of 9 for, 0 against the consent agenda was
approved.
PROPOSAL / REQUEST:
A Land Use Plan amendment in the I-630 Planning District from Single Family to
Mixed Use along 11th Street from Maple to Valentine. Mixed Use represents a
mixture of residential, office and commercial uses with a required Planned
Zoning District if the use is not entirely residential. The applicant is proposing a
rezoning to a Planned Development to allow an Empowerment Center with
dorms, office and training facilities on site.
EXISTING LAND USE AND ZONING:
This property is zoned R-3 and R-4. It is currently developed with single family
residences and a few empty lots. To the north, west and east is also zoned R-3
for single family residences, the Florence Crittenden Home, and a nonconforming
Kentucky Fried Chicken on the northwest corner of 12th and Maple. South of this
property is zoned R-5 for Will’s House group quarters. Southeast is zoned C-3
General Commercial for Associated Plumbing at the corner of Valmar and 12th
Street. The majority of the land in this general area is zoned R-3.
September 18, 2008
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: LU08-09-02
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment area is shown as Single Family on the Future Plan. The
southern half of this block fronts 12th Street and is shown as Mixed Use. North of
this amendment is shown as Public Institutional. West and east are shown as
Single Family. Southwest is shown as Commercial along 12th Street west of
Maple Street.
MASTER STREET PLAN:
12th Street is a Minor Arterial. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance
travel within the urbanized area. Valentine and Maple Streets are both 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. Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on 12th Street 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 in this immediate vicinity.
PARKS:
According to the Master Parks Plan, this area is within eight city blocks of a park
or open space. To the northwest there are two playgrounds associated with
churches.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the Stephens Neighborhood Plan. Their Housing Goal
states: “Make use of vacant houses” and “Force houses to be fixed or sold.”
Several of the houses in this proposed development are unsafe and vacant.
September 18, 2008
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: LU08-09-02
3
ANALYSIS:
This amendment was filed in response to a rezoning request for a Planned Office
Development (POD). The proposed POD is for an Empowerment Center which
would serve as dorms and offices. This proposal would remove all houses and
structures from the block bounded by West 12th Street on the south, West 11th
Street on the north, South Valentine Street on the east and Maple Street on the
west. The southern half of this block is already shown as Mixed Use on the
Future Land Use plan, and the applicant has filed an amendment to change the
north half from Single Family to Mixed Use to accommodate this new
development.
Immediately north of this application is the Florence Crittendon Home for
children. It is shown as Public Institutional on the Future Land Use Plan and has
been at this location for many years. Immediately south of this amendment is a
small group quarter’s facility called Will’s House. The other surrounding areas
are still largely residential in nature with the exception of the 12th Street Corridor.
While these two uses are located within the neighborhood, they are relatively
small facilities. Will’s House is set back off of 12th Street in an effort to blend in
with the surrounding neighborhood. The Florence Crittendon Home is a large
building, but it is situated in the center of a city block and is surrounded by grass
and trees. The proposed development between 12th and 11th Streets is going to
be comprised of very large buildings. These buildings do not appear to fit with
this neighborhood in terms of bulk and massing.
This single family neighborhood has been in place for many years. The area
between Interstate 630 and 12th Street is composed of single family and two
family residences. This neighborhood needs to be preserved as Single Family
on the Future Land Use plan to prevent futher loss of housing stock. This
amendment would result in a loss of eight residences and three vacant lots. This
is still a viable neighborhood and needs to be protected as such. The Land Use
Plan calls for keeping the non-single family uses on 12th Street as well as
oriented to 12th Street. 11th Street is to be a single family residential street,
neighborhood street. The Plan changes at mid-block on either side of 12th Street
at this location to re-enforce this pattern.
12th Street is shown as a Minor Arterial and is lined with a variety of different
businesses, types of residences and public uses like the Willie Hinton Center and
Will’s House. The City of Little Rock has hired a consultant to study the 12th
Street Corridor in an effort to revitalize the area. This study is expected to take a
year to complete. The study is to look at use as well as design and make
recommendation for future development in the corridor.
September 18, 2008
SUBDIVISION
ITEM NO.: H (Cont.) FILE NO.: LU08-09-02
4
11th Street is a Local Street on the Master Street Plan and is lined with single
family residences. This area has been a residential neighborhood for decades
and the majority of the houses along this street are in good condition. Staff feels
that this street should remain single family in nature and that more intense uses
like this POD should be confined to the arterial streets like 12th Street.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Central High
Neighborhood Association, Capitol Hill Neighborhood Association, Pine to
Woodrow N.A., Stephens Area Faith N.A., Forest Hills N.A. and Hope N.A. Staff
has received two comments from area residents and both were opposed to the
change.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
Walter Malone, Planning Staff, reviewed the use pattern in the vicinity, with
several institutional uses and a concentration of commercial at the Pine-Cedar
intersections with 12th Street. Other than along 12th Street, this is a single-family
neighborhood. To the north is a small residential area and staff does not feel the
conversion of a block from single-family homes is positive for the neighborhood.
Donna James, Planning Staff, followed with a description of the related Planned
Zoning District application. In the comment period several individuals
commented about the desire to keep single-family homes. However most of the
discussion was about the related Planned Zoning District application. See item
H.1: Z-8367, BCD Empowerment Center POD, for a complete minute record of
the item.
Speakers questioned whether the applicant had ownership of the full application
area. After discussion, Staff recommended to the Commission that both items be
deferred in order to verify the ownership record. By a vote of 8 for, 0 against the
item was deferred to the October 30 Planning Commission Hearing.
September 18, 2008
ITEM NO.: H.1 FILE NO.: Z-8367
NAME: BCD Empowerment Center Short-form POD
LOCATION: Located at 3604 West 12th Street
DEVELOPER:
Black Community Developers, Inc.
3805 West 12th Street
Little Rock, AR 72204
ENGINEER:
Crafton Tull and Sparks
10825 Financial Center Parkway
Little Rock, AR 72211-3554
AREA: 1.65 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: R-3, Single-family and R-4, Two-family
ALLOWED USES: Single-family residential and duplex housing
PROPOSED ZONING: POD
PROPOSED USE: Residential alcohol and drug treatment
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The project will occupy all but one lot of an entire block in the Coy’s
Addition to the City of Little Rock. The plan is to remove all the existing
structures and build the proposed Empowerment Center. The idea behind
the overall layout and architecture is to maintain the neighborhood feel
and curb appeal with pedestrian friendly front façade and porch with all the
vehicular traffic being located in the rear. The developers have located all
dumpster and service areas adjacent to the commercial uses along the
west, and the main office parking area with entry court is located on the
northeast corner of the site. Additional screening of the parking area is
provided by the installation of a 3 ½ foot screening fence on the north side
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
2
of the parking lot. There will also be an outdoor courtyard and activity
area in the center of the site between the dormitory buildings. This area
will be fenced with a 6’-8” privacy fence for control, security and privacy of
the patients within the facility.
The Empowerment Center is proposed as a state of the art, living and
learning center. One of the programs of the Empowerment Center will be
to provide residential alcohol and drug treatment services. Not only will
the program provide certified cutting edge prevention, intervention and
treatment services, but also comprehensive life skills training designed to
empower residents to succeed in all aspects of their life.
The mission of the Empowerment Center is to be a highly customized
living and learning program providing independent living skills, vocational
training with a focus on the green environment and social integration. The
entire community will benefit from continued and additional
comprehensive programs that include support services, research,
education, prevention, intervention and treatment. The vision for the
Empowerment Center is to be a cognitive behavioral therapeutic program
implemented in a premier facility providing empowerment programs for the
community. The Empowerment Center will be a unique facility which will
provide a holistic approach to living.
The Empowerment Center will serve as a national model for faith and
community based organizations. The Center will provide hands-on
training to interested nonprofits, church groups and educational institutions
from across the nation. In addition, the Empowerment Center staff with
shared expertise through consultation with other faith based programs and
the production of conferences and training seminars for the community at
large.
The Empowerment Center will provide the following space: administrative
office space, office space for (4) potential partners, computer lab, wellness
center, community rooms, commercial kitchen, auditorium/dining room
with seating capacity of 100, fitness room, classroom/training center, male
dormitory (24 beds), female dormitory (24 beds) and lounge.
B. EXISTING CONDITIONS:
The site contains a number of single-family homes most of which are
occupied. The area along West 12th Street is predominately commercial
and institutional while the areas off West 12th Street are primarily
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
3
residential. To the north of the site is a facility providing services to
juveniles. South of the site is Will’s House, a facility providing housing for
persons recently released from treatment facilities. West of the site is the
Willie Hinton center and further west is the sales store for a non-profit
service provider.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls
and a number of calls in opposition of the request from area property
owners. All property owners located within 200 feet of the site, all
residents who could be identified, located within 300 feet of the site, along
with the Capitol Hill, the Central High, the Hope, the Forest Hills, the
Stephens Area Faith and the Pine to Woodrow Neighborhood
Associations were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Maple Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
2. Due to the proposed use of the property, the Master Street Plan
specifies that 11th Street 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 Valentine Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
4. 12th Street is classified on the Master Street Plan as a minor arterial
with special design standards. A dedication of right-of-way 35 feet
from centerline will be required.
5. A 20-foot radial dedication of right-of-way is required at all
intersections.
6. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to Maple
Street including 5-foot sidewalks with the planned development. The
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
4
new back of curb should be 18 feet from centerline. The intersection
curb radius at Maple Street and 11th Street should be improved to a
30-foot radius as shown on plan.
7. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to 11th
Street including 5-foot sidewalks with the planned development. The
new back of curb should be located 18 feet from centerline or as
shown on plan. The intersection curb radius at 11th Street and
Valentine Street should be a 30-foot radius as shown on plan.
8. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Valentine Street including 5-foot sidewalks with the planned
development. The new back of curb should be located 18 feet from
centerline.
9. The intersection curb radius at West 12th and Maple Streets should
be constructed to a 30-foot radius.
10. Sidewalk easements should be platted where the sidewalk is outside
of the new right-of-way.
11. The sidewalk on Valentine Street should extend to the property in line
with the remainder of the sidewalk and then turn toward Valentine
Street.
12. The curb should be extended to the property line in line with the
remaining curb and then turn toward the existing street.
13. All old curb cuts should be closed with curbing.
14. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
15. A grading permit in accordance with Section 29-186 (c) and (d) will
be required prior to any land clearing or grading activities at the site.
Other than residential subdivisions, site grading and drainage plans
must be submitted and approved prior to the start of work.
16. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
17. Plans of all work in right-of-way shall be submitted for approval prior
to start of work. Obtain barricade permit prior to doing any work in
the right-of-way from Traffic Engineering at (501) 379-1805 (Travis
Herbner).
18. If disturbed area is one (1) or more acres, obtain a NPDES storm
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
5
water permit from the Arkansas Department of Environmental Quality
prior to the start of construction.
19. On site striping and signage plans should be forwarded to Public
Works, Traffic Engineering for approval with the site development
package.
20. Obtain permits prior to doing any street cuts or curb cuts. Obtain
barricade permit prior to doing any work in the right-of-way. Contact
Traffic Engineering at (501) 379-1805 (Travis Herbner) for more
information.
21. Per Section 29-189(d), groups of trees and individual trees that are
not to be removed or are located within required undisturbed buffer
areas shall be protected during construction by protective fencing
and shall not be used for material storage or for a any other purpose.
22. Streetlights are required by Section 31-403 of the Little Rock code.
Provide plans for approval to Traffic Engineering. Streetlights must
be installed prior to platting/certificate of occupancy. Contact Traffic
Engineering 379-1813 (Steve Philpott) for more information.
23. The driveways should be constructed with maximum 15-foot
radiuses.
24. Remove parallel parking spaces from Maple Street due to lack of
sight distance for drivers trying to access Maple Street from the
parking area. This will allow the back of sidewalk to be moved to the
property line.
25. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the vehicle parking in the right-of-way.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met. Contact
Central Arkansas Water Works regarding the size and location of the
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
6
water meter(s). If buildings are have a fire sprinkler system, please submit
plans for water facilities and/or fire protection system to Central Arkansas
Water for review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required. Fire sprinkler systems which do not contain
additives such as antifreeze shall be isolated with a double detector check
valve assembly. If additives are used, a reduced pressure zone backflow
preventer shall be required.
Fire Department: Install and place fire hydrants per code. Contact the
Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is not located on CATA Bus Route #3 – the Baptist
Medical.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-630 Planning District.
The Land Use Plan shows Single Family and Mixed Use for this property.
The applicant has applied for a Planned Office Development for a
residential/training facility.
A Land Use Plan Amendment from Single Family to Mixed Use is a
separate item on this agenda (LU08-09-02).
Master Street Plan: 12th Street is a Minor Arterial. A Minor Arterial
provides connections to and through an urban area and their primary
function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on 12th Street since it is a Minor Arterial. Maple
Street, West 11th Street and Valentine Street are 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: There are no bike routes in the immediate vicinity.
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
7
Neighborhood Action Plan: This area is covered by the Stephens
Neighborhood Action Plan. The Public Safety goal states: “Remove
unsafe housing from the neighborhood.” This application would remove
several vacant/unsafe buildings from this City block in the neighborhood.
Landscape:
1. The site plan must comply with the City’s landscape ordinance
requirements.
2. An automatic irrigation system to water landscaped areas will be
required.
3. 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.
4. The City Beautiful Commission recommends preserving as many
existing trees as feasible on tree covered sites. Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving
trees of six (6) inch caliper or larger.
G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008)
Mr. Barry Williams was present representing the request. Staff presented
an overview of the proposed development stating there were a few
technical issues in need of addressing which had been raised. Staff
stated a minimum of ten to fifteen percent of the site was to be designated
as landscaping. Staff requested the applicant provide the percentage
designated for landscape. Staff also requested Mr. Williams provide the
percentage of building coverage proposed. Staff stated site lighting was
to be directional, directed downward and into the site.
Public Works comments were addressed. Staff stated dedication of right
of way for Maple, 11th, and Valentine would be required to 30 feet from
centerline. Staff stated a right of way dedication of 35-feet from centerline
would be required along West 12th Street. Staff also stated a 20-foot
radial dedication would be required at all the intersections. Staff stated
the intersecting curb of Maple and West 12th Street should be constructed
to a 30-foot radius. Staff stated the proposed parking along Maple Street
should be removed due to sight distance concerns.
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
8
Landscaping comments were addressed. Staff stated the street buffer
around the sites entirety was to be 18 feet and in no case less than
one-half. Staff stated an automatic irrigation system was required and
prior to the issuance of a building permit a stamped landscape plan
prepared by a landscape architect would be required. Staff stated street
trees were encouraged.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
issues raised at the July 17, 2008, Subdivision Committee meeting. The
applicant has indicated right of way dedications, radial dedications and
street buffering per the typical ordinance standards. The applicant has
also provided the percentage of building coverage and the percentage of
landscape area in the general notes section of the site plan.
The site is being reviewed as an establishment for care of alcoholic,
narcotic or psychiatric patients. According to the definition section of the
zoning ordinance this use is defined as an establishment offering
residence for outpatient treatment to alcoholic, narcotic or psychiatric
patients. The use is an allowable use under the O-1, Quiet Office Zoning
District. The activities are currently taking place at Hoover Place located
at Hoover Methodist Church just a few blocks west of this site.
The center will provide on-site living accommodations through dormitory
style housing offering 24 beds for females and 24 beds for male clients.
Other activities on the site include office space for (4) potential partners,
computer lab, wellness center, community rooms, commercial kitchen,
auditorium/dining room with seating capacity of 100, fitness room,
classroom/training center. The residential treatment portion of the facility
will operate 24 hours per day. The office portion of the development will
operate during normal business hours with activities such as graduations
or community meetings taking place during non-typical business hours.
These activities will be limited and no schedule has been created for these
activities. Most activities take place on weekends and most nightly
activity should conclude before 9:00 pm.
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
9
The site plan includes 22,000 square feet of building space,
22,143 square feet of hardscape area and 24,029 square feet of green
space area. The total square footage designated for green space area
represents 35.25 percent of the site. The site plan also includes an
outdoor courtyard and recreation area and, within the building,
recreational areas will be provided.
44 on-site parking spaces are indicated on the site plan. The developer
also has indicated paving will be added along 11th Street to provide nine
additional parking spaces. Based on typical ordinance requirements the
required parking for the facility would be 51 spaces. The residential
portion of the development would require the placement of 24 parking
spaces and the office portion 27 parking spaces. Staff does not feel the
lesser number of parking spaces will adversely impact the development or
the area. Typically the residents will not be driving.
The building is proposed with a 25-foot front yard setback and an 80-foot
(+) rear yard setback. The western setback is proposed as 17.35 feet
from the property line and the eastern setback is proposed as 16.74 feet.
The site plan indicates the sidewalk located within the property boundary
along the northern, eastern and western perimeters. The developer is
requesting to place the sidewalks as proposed to allow for the addition of
street parking in the future without relocating the sidewalk. A street buffer
averaging eighteen feet in width is typically required around the site’s
perimeter and in no case less than nine feet or one-half the buffer
requirement. The site plan indicates the placement of a 12-foot landscape
strip, the sidewalk and an additional 17 feet of landscaping along the
western perimeter, a 10 to 12-foot landscape strip along the northern
perimeter with the sidewalk located south of the proposed decorative
screening fence and a 8-foot landscape strip a 6-foot sidewalk and a
12-foot landscape strip along the eastern perimeter. Staff is supportive of
the sidewalks and street buffer as proposed. The sidewalks will be
located within a sidewalk easement. Although, the buffering does not meet
the typical ordinance standards, staff feels the buffering as proposed will
provide adequate landscaping to enhance the site and the area.
The site plan indicates the placement of a screening wall located along the
northern perimeter between the proposed parking area and 11th Street.
The wall is proposed as protection to the nearby residents and to screen
the parking lot and to provide a shield for the automobile headlights
utilizing these stalls. The site plan indicates the placement of a six-foot
opaque privacy fence along the eastern perimeter where adjacent to an
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
10
existing single-family home, which is to remain. Site lighting is to be low
level and directional, directed downward and into the site.
The dumpster has been located along Maple Street. The dumpster has
been located near the non-residential activities along West 12th Street.
The dumpster hours of service have not been limited. Staff recommends
the hours of service be limited to daylight hours to lessen the impact on
the nearby neighborhoods.
The maximum building height proposed is 50 feet from the finished floor
elevation. The building is proposed as a multi-story building and
constructed with a hipped roof. The building design is proposed in a
residential style with the building being constructed with architectural
elements to break the massing of the facades. Signage is proposed
consistent with signage allowed in office zones or a maximum of six feet in
height and sixty-four square feet in area.
The developers hope to construct the entire project in a single phase but
have requested a phasing plan for the development of the site. According
to the applicant, the center will be constructed as funding becomes
available. Phase I of the development will consist of one of the dormitory
buildings and about one-half of the parking most closely associated with it.
The courtyard space will also be constructed and a wood privacy fence
will be installed to delineate the courtyard area. The second phase will be
one of two options, the beginning of the administration building to the
south or the erection of the second dormitory building. Regardless, phase
two will include the completion of the parking lot to the north. Phase III will
be the completion of the portion of the administration or dormitory areas
that have not been completed. According to the applicant, the site will be
developed in three phases but there is potential for five phases depending
upon how the administration building is constructed. The operation of
Phase I includes several options including a temporary kitchen within or
beside the dormitory itself, or the existing kitchen and dining hall at the
Hoover House will be used for meal preparation.
The request includes the phasing of street improvements as well. The
street improvements to Maple Street would be constructed with the first
building and as the second building comes on-line the improvements
nearest the construction will be completed. The improvements to West
12th Street will be completed at the time of the construction of the
administration building. The developer has indicated with the phasing of
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
11
the street improvements this will allow the cost to be spread over three
phases reducing the burden of cost.
Staff has concerns with the development’s location and the proposed
phasing plan. Staff feels with a portion of the activities taking place at
Hoover House and the remaining activities taking place on this site there
is potential for a saturation of this type of institutional activities within the
neighborhood. To the south of this site is a similar type use, Will’s House,
which provides transitional housing for men recently released from
treatment. There are also a number of activities and uses in the area
geared to the youth of the community. North of the site is the Florence
Crittenden House and west of the site is the Willie Hinton Neighborhood
Resource Center. Although, staff feels the activities and undertakings
provided by the Hoover Methodist Church and the Hoover House are
valuable to the community staff questions if this is the appropriate location
for the use. Based on these concerns staff cannot support the request.
I. STAFF RECOMMENDATIONS:
Staff is not supportive of the request.
PLANNING COMMISSION ACTION: (AUGUST 7, 2008)
The applicant was present. There were no registered objectors present. Staff
stated upon further review, based upon meeting with the applicant and staff, it
had been determined that the proposed facility did not fall under the definition of
a correctional facility. Staff stated as such, no separate Conditional Use Permit
was required. Staff stated the applicant may proceed forward through the
process, as filed. Staff presented a recommendation of deferral of this site to the
September 18, 2008, agenda. Staff stated new notice would be given to all
parties as was done for the initial filing.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for Deferral as recommended by
staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
Mr. Barry Williams and a number of representatives of the Black Community
Developers were present representing the request. There were registered
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
12
objectors and supporters present. Staff presented the item with a
recommendation of non-support.
Mr. Williams addressed the Commission on the merits and technical aspects of
the development. Reverend Robinson addressed the Commission on the goals
of the Black Community Developers.
Reverend Robinson stated there had been a lot of activity along the 12th Street
Corridor. He stated the BCD wanted to be a part of the new activity and new
development in the area. He stated the City was considering a new police
substation and reviewing efforts for revitalizing the area and the BCD wanted to
share and be a part of the efforts. He stated the BCD had met weekly to ensure
a quality development. He stated he appreciated all who had come to speak in
support of the development and those who came to speak in opposition. He
stated the care provided by BCD needed to take place in the City not in the
County or on the outskirts of the Community.
Mr. Williams stated the activities were currently taking place at Hoover United
Methodist Church. He stated the facility currently housed 24 men. He stated the
center served 12 women also but the women were housed elsewhere. He stated
there were currently eight structures on the block and three were occupied.
Mr. Williams stated the BCD had under contract or had already purchased all the
properties proposed for rezoning. He stated the parking would be placed in the
rear and the structure pulled to the street to have the look and feel of a
residential structure. He stated the building would be constructed of brick and
siding with a front porch along 12th Street. He stated the new facility would be a
5 million dollar investment into the neighborhood. He stated one of the property
owners did not desire to sell and the center would provide buffering and
screening around his home and the office uses would be located within this area
to protect the homeowner.
Mr. Williams stated the BCD had revised their proposed phasing plan due to
concerns raised by staff. He stated the original phasing plan allowed bringing on
line one dormitory at a time which would then leave a portion of the activities at
Hoover United Methodist Church. He stated with the revised plan both dorms
would come on-line in the first phase. He stated the current clients served would
not be increased and the additional space would be used as a temporary kitchen
and office space. He stated once the administrative offices were completed the
addition dormitory space would be completed and the additional 12 women
clients would be added. He stated all street construction would be completed in
the first phase. He stated the entire site design package would also be
completed with the first phase. Mr. Williams stated the relocation of the
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
13
treatment aspect of the BCD activities would allow for a City funded youth
program currently taking place at Hoover United Methodist Church to be
separated.
Reverend John Hammond addressed the Commission in opposition. He stated
there were a number of questions in need of addressing before the Commission
reviewed the request. He questioned the number of patients, the number of
employees, if the patients were local or from other areas of the state or even
nationally. He questioned the success rate of the program. He questioned how
the center would embrace the community. He questioned the age ranges of the
residents. He stated his desire was to see the neighborhood improve but felt this
would detract from the area.
Ms. Nancy Robinson addressed the commission addressed the Commission in
opposition. She stated she was a resident of 824 Johnson Street. She stated
she was opposed to the decision of constructing this facility within a
neighborhood. She stated the value of homes would go down. She stated she
wanted to keep the value of homes up in the area. She stated the neighborhood
was drug infested and the residents could not go out at night because of the
area. She stated she was raising children in the area and the site was located
near her grandchildren’s daycare. She stated the 5 million dollars could go to a
better cause and be of better benefit than construction of a rehab center within
the neighborhood.
Mr. Ted Atkins addressed the Commission in opposition of the request. He
stated he had lived in the neighborhood for 30 plus years. He stated there were
two school bus stops located within the area proposed for rezoning. He stated
children walked to school through this area. He stated this was not the location
for a rehab center. He stated he did not want to go out his front door and/or take
his children to the bus stop and be forced to see drug, alcohol or psychiatric
patients.
Ms. Ruth Bell, League of Women Voters, addressed the Commission in
opposition of the request. She stated the League felt this site was inappropriate
for this type facility to be located within a residential neighborhood. She stated
she was aware of the daycare because a number of residents had come down
and spoke at the public hearing addressing the need for the daycare facility. She
stated if BCD was only using one-half of the block with the activities taking place
along 12th Street then the League would be more supportive of the development
in this area. She stated a structure this intense did not belong in a residential
setting.
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
14
Ms. Jeanette Booth addressed the Commission in opposition. She stated she
was the past president of the Pine to Woodrow neighborhood association. She
stated for a number of years she worked to better the community and lost
finances doing so. She stated the desire of the neighborhood was to add value
to the area. She stated the residents took pride in their neighborhood even
though the area was drug infested. She stated she was opposed to a mega
rehab facility within the residential neighborhood. She stated the BCD was
saying a dormitory would add pride and value to the neighborhood and she was
here to tell the Commission no. She stated property values would decrease and
more drug dealers would move to the area. She stated the BCD was not looking
at the big picture but at the inside of the building. She stated a number of the
patients recovered but a number fell back into the previous life. She requested
the Commission vote with the people and the property owners not the building
and the drug use.
Ms. Lorena Bush addressed the Commission in opposition. She stated she had
lived in the neighborhood for 38 years and lived one-half block from the proposed
facility. She stated she was very opposed to the rezoning.
Ms. Maudella Morehead addressed the Commission in opposition. She stated
she represented Hope Neighborhood Association. She stated the anchor of a
neighborhood should be strong and family oriented. She stated the BCD had
opened the doors to recurring substance abusers and housed a substance abuse
living center within crack alley. She stated 12th Street was the central corridor of
the City and after a number of years the City now recognized this. She stated
work was progressing with the Mayor and City leaders to add vitality back to the
area. She stated her desire was to add residential units to the area. She stated
the neighborhood was looking at plans to add walking paths, open spaces,
restaurants and business to the area. She stated Mid-town was not the place for
this center. She stated the center needed to be on the outskirts of town.
Ms. Quentilla Jones addressed the Commission in opposition of the request.
She stated she lived in the area and her home was one of the homes proposed
for removal. She stated she did not want to move. She stated she had raised
her children in this home and was not ready to sell and move away from the
area.
Mr. William Oldham addressed the Commission in opposition. He provided the
Commission with a petition containing 140 names in opposition of the request.
Ms. Debbie Stripling, Director of the Florence Crittenden Youth home addressed
the Commission in opposition of the request. She stated the youth center
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
15
provided services to children whose parents were ordered to treatment centers
for rehab. She stated the court typically did not allow the youth and parents to
have contact. She stated there was a potential for the youth to be housed across
the street from the parents within the treatment program. She stated this could
cause a difficult situation.
Mr. Williams stated Ms. Jones property was under contract and BCD could
provide a copy of the contract but did not have the contract with them this
evening. Mr. Charles Vann addressed the Commission stating the agreement
was for BCD to construct Ms. Jones a new home on Oak Street. He stated
Ms. Jones had recently visited the site of her new home with the Reverend and
himself as little as three weeks ago.
Mr. Williams stated the BCD had served a diverse clientele from various
backgrounds and income levels. He stated the success rate was 92 percent. He
stated the new development would add value to the area. He stated with the
new center a courtyard would be constructed for both the patients and the
residents. He stated currently when the men took breaks they were forced to
hang out on the sidewalk. He stated with the new center the private courtyard
would allow the men to take their break within this area. He stated the new
center would have better security and security cameras. He stated the front of
the building would be designed to add to the community. He stated if school bus
stops needed to be moved then the BCD would work with the school district to
move the stops.
Ms. Deborah Bell addressed the Commission. She stated the BCD had a
number of partners and offered a number of programs for the residents. She
stated the center was not just a rehab but provided a holistic approach to
rehabilitation. She stated the BCD had constructed 24 new homes in the area
and many of the homeowner had completed the rehab program offered by BCD.
Reverend Robinson stated he had lived in the neighborhood for 39 years and his
mother and grandmother had also lived in the community.
Mr. Robert Webb addressed the Commission in support of the request. He
stated the BCD was an asset to the Community and the City. He stated the City
and the police department did not respond to calls within the area. He stated
911 calls were slow to be answered and when residents placed limbs on the curb
for collection the piles would lay for a long time before the City came to pick up
the debris. He stated a vote against BCD was a vote against the neighborhood.
September 18, 2008
SUBDIVISION
ITEM NO.: H.1 (Cont.) FILE NO.: Z-8367
16
George Jean Allen addressed the Commission. She stated she was working
with the Pine to Woodrow Neighborhood association and had seen the
neighborhood decline. She stated the area had a number of boarded homes and
felt the new construction would be an asset to the community. She stated the
Commission needed to think about what was good for the community. She
stated crime was in the neighborhood. She stated the facility would help to deter
crime.
Raven Gregory addressed the Commission in support. She stated she had lived
in the neighborhood for four years and seen the crime in a state of change. She
stated the BCD was there to help the community. She stated a recovery center
would help everyone. She stated the community needed to help each other.
Reverend Robinson stated the BCD was a part of the longevity of the community.
He stated the 24 new homes constructed by the BCD were done so to add to the
community. He questioned why the BCD would do anything to take away from
the area it was trying so hard to revitalize.
Deputy City Attorney Cindy Dawson stated if the BCD could not provide a copy of
the contract or an affidavit with Ms. Jones’ signature then the Commission had
no ground to hear the item. She stated the code was very specific and
Ms. Jones had stated in the public hearing BCD did not have authorization to
rezone her property.
There was a general discussion by the Commission concerning what was
acceptable proof for rezoning. Staff stated an executed affidavit by the property
owner or a contract which included language regarding rezoning.
A motion was made to defer the item to the October 30, 2008, public hearing.
The motion carried by a vote of 8 ayes, 0 noes and 3 absent.
September 18, 2008
ITEM NO.: 1 FILE NO.: S-289-B
NAME: Brimer Subdivision Preliminary Plat
LOCATION: Located on Mabelvale Cut-off, North of Brimer Road
DEVELOPER:
Mystery Properties Inc.
P.O. Box 56403
Little Rock, AR 72215
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Court, Suite A
Little Rock, AR 72210
AREA: 1.65 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 15 – Geyer Springs West
CENSUS TRACT: 41.05
VARIANCES/WAIVERS REQUESTED: A variance request to allow a reduced lot depth
for Lot 1 (Section 31-232(a)).
BACKGROUND:
On July 13, 1982, the Planning Commission approved a two-lot plat (and a CUP for a
Church on Lot A) for the Light House Baptist Temple Lots A and B. The plat was final
platted and recorded December 1, 1982. The current proposal includes the land area of
Lot A, which has not developed. (Lot B was replatted into Courtney Subdivision.)
On February 20, 2003, the Little Rock Planning Commission approved an eight lot
preliminary plat for this site. The lots had street frontage on Mabelvale Cut-off and
Brimer Road. The lots averaged 7,020 square feet and a 35-foot platted building line
was located adjacent to Mabelvale Cut-off with a 25-foot platted building line adjacent to
Brimer Road as required by the Subdivision Ordinance.
September 18, 2008
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-289-B
2
Section 31-94(e) states a preliminary plat approved by the Planning Commission shall
be effective and binding upon the Commission for two years from the date of approval
or as long as work is actively progressing at the end of which time the final plat
application for the subdivision must have been submitted to the planning staff. Any plat
not receiving final approval within the period of time set forth herein or otherwise
conforming to the requirements of the Subdivision Ordinance shall be null and void, and
the developer shall be required to submit a new plat of the property for preliminary
approval subject to all zoning restrictions and the Subdivision Ordinance. The time
period for approval of the previously approved preliminary plat has expired and the
applicant did not request a time extension as set forth by the Subdivision Ordinance.
A. PROPOSAL/REQUEST:
The previously approved preliminary plat has expired and the applicant desires to
re-establish the plat with the exact lot configuration as was approved on February
20, 2003. The plat will contain eight lots with three lots fronting Mabelvale Cut-off
and five lots fronting Brimer Road. The preliminary plat indicates the placement
of a 35-foot platted building line along Mabelvale Cut-off and a 25-foot platted
building line along Brimer Road. The average lot size proposed is 7,020 square
feet.
The plat is indicated with a variance from the Subdivision Ordinance to allow a
reduced lot depth for proposed Lot 1. The lot depth proposed along the western
perimeter is 44 feet, which is less than the typically required 100 feet.
B. EXISTING CONDITIONS:
The site is vacant with a scattering of trees. Brimer Road is a narrow
unimproved (no sidewalk) roadway with open ditches for drainage. Mabelvale
Cut-off has been completed to Master Street Standard for a minor arterial
through a public project.
There are single-family residences located in the immediate area with the homes
south of Mabelvale Cut-off being on large lots. The homes north of Mabelvale
Cut-off, in the Woodbridge Subdivision, are located on similar sized lots as the
lots proposed. There is a relatively new single-family home located immediately
west of the site.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one phone call in opposition of the request.
All abutting property owners of the site along with Southwest United for Progress
and the Legion Hut Neighborhood Association were notified of the Public
Hearing.
September 18, 2008
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-289-B
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Mabelvale Cutoff is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
2. With site development, provide the design of the street conforming to the
Master Street Plan. Construct one-half street improvements to Brimer Road
including 5-foot sidewalks with the planned development. The new back of
curb should be located 13 feet from the centerline.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
4. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
5. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
6. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
7. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements for Lots 1, 2 and 3.
Contact Little Rock Wastewater Utility for additional information.
Entergy: Approved as submitted.
Center-Point Energy: No comment received.
September 18, 2008
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-289-B
4
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Contact Central Arkansas
Water Works regarding the location of water meter(s). A Capital Investment
Charge based on the size of the meter connection(s) will apply to this project in
addition to normal charges. Contact Central Arkansas Water for additional
information.
Fire Department: Place and install fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located on CATA Bus Route #17, Mabelvale-Downtown and
#17A, Mabelvale-UALR.
G. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
Mr. Pat McGetrick, McGetrick and McGetrick Engineers, was present
representing the application. Staff gave an overview of the proposed
development to the Subdivision Committee indicating there were additional items
necessary on the proposed preliminary plat. Staff requested Mr. McGetrick
provide the source of title in the general notes section of the preliminary plat.
Staff stated there were previously concerns with three driveway locations onto
Mabelvale Cut-off. Staff stated the previous approval limited the approval to two
driveway locations. Lots 2 and 3 shared a driveway on the lot line and Lot 1’s
driveway was to be located as far as feasible away from this break as possible.
Staff stated the driveway locations had been identified on the proposed
preliminary plat. Staff stated there were previously concerns of the buildability of
Lot 1. Staff stated the proposed plat indicated the buildable area of Lot 1.
Staff noted comments from Central Arkansas Water and Little Rock Wastewater
requesting Mr. McGetrick contact these agencies for additional information.
There being no further issues for discussion, the Committee then forwarded the
item to the full Commission for final action.
September 18, 2008
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-289-B
5
H. ANALYSIS:
The applicant submitted a revised preliminary plat to Staff addressing most of the
issues raised by staff and the Subdivision Committee. The applicant has
indicated in the General Notes section the source of title of the landowner.
The applicant has indicated on the preliminary plat the proposed dedication of
right-of-way to both streets, Brimer Road and Mabelvale Cut-off, and indicated
street improvements will be made to Brimer Road.
The proposed lots meet the minimum requirements of the Subdivision Ordinance,
being greater than 60-feet in width and more than 7,000 square feet in area, as
required for R-2, Single-family zoning. There is a variance to allow a reduced lot
depth for Lot 1. The ordinance typically requires a minimum lot depth of
100-feet. The lot is proposed with a lot depth along the western perimeter of
44 feet. The applicant has provided staff with a building envelope indicating the
buildability of Lot 1 with a new residence. Staff feels the building envelope is
adequate for new construction without requiring setback variances at the time of
development.
Staff is supportive of the proposed preliminary plat. Although, the lots are
somewhat smaller than the land area of homes located around the site, the lots
average 7,020 square feet comparable to the lots to the north of the site in the
Woodbridge Subdivision. Although there is a variance to allow a reduced lot
depth for Lot 1 staff does not feel the variance significantly impacts the
developability of the lot. The applicant has indicated the buildable area for Lot 1
and in that area it appears that a 1,800 – 2,000 single-story home could be
constructed. To Staff’s knowledge, there are no outstanding issues associated
with the proposed preliminary plat.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request to allow the creation of Lot 1
with less than the typically required lot depth of 100-feet.
September 18, 2008
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-289-B
6
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 2 FILE NO.: Z-4509-A
NAME: Levi Short-form PD-R
LOCATION: Located at 100 Rice Street
DEVELOPER:
The C Street Group LLC
P.O. Box 25176
Little Rock, AR 72225
ENGINEER:
Brooks Surveying Inc
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-3, Single-family
ALLOWED USES: Single-family residences
PROPOSED ZONING: PD-R
PROPOSED USE: Four Unit Apartment
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On August 27, 1985, the Little Rock Planning Commission denied a request to rezone
the site from R-3, Single-family to R-5, Urban Residence. The request was the result of
an enforcement case. The site had a history of a non-conforming triplex. At some
point, there was a fire that heavily damaged the building. When the owner rebuilt the
interior, he converted the attic into a fourth unit, thus, expanding the non-conforming
structure without first trying to obtain the necessary zoning. The City became aware of
the fourth unit when the owner tried to obtain the fourth utility meter thus necessitating
the rezoning request.
September 18, 2008
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A
2
A. PROPOSAL/REQUEST:
The applicant is seeking a rezoning of the site from R-3, Single-family to PD-R to
allow the use of this existing structure as a four-plex. According to the applicant
the site has a history of four residential units. A letter provided by the applicant
from Center-Point Entergy indicates utility billing service was provided to the
structure with four separate meters as far back as 1997 with the most recent date
of service June 15, 2007. The letter does not indicate the number of units served
during this time period. Staff contacted Entergy, which stated four utility meters
had served the site but it appeared the fourth meter was disconnected in 2004 or
2005 and the site had been served by one utility meter since at least 2006.
According to information provided by the Pulaski County Assessor’s office, for
taxation purposes, the site is considered a duplex.
If the site had any established non-conforming status this status has been lost
since the site has not been four residential units within the last year. The current
zoning of the property would allow for a single-family residence and with the
approval of a conditional use permit a duplex would be allowed.
B. EXISTING CONDITIONS:
The lot is located on the south side of West Markham Street across from the
Schools for the Deaf and Blind. The structure is a two-story frame structure.
Renovations have begun on the structure. The alley located behind the home is
a functioning alley. The immediate neighborhood is made up of primarily single-
family units, but there are also some two and three unit structures. The zoning is
R-3, Single-family with a few lots zoned R4, Two-family and R-5, Urban
Residence within a block of the property. Further to the east, approximately two
blocks away, the area includes more R-5, Urban Residence and R-6, High Rise
Apartment zoned properties but they do not appear to have undergone the
amount of reinvestment in the homes as the neighborhood around Rice Street.
Some land east of Barton Street is still vacant and is close to the MOPAC
Railroad Tracks.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet and the Capitol View
Stifft’s Station Neighborhood Association were notified of the Public Hearing.
September 18, 2008
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
A 20-foot radial dedication of right-of-way is required at the intersection of Rice
Street and West Markham Street.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer service available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required.
Fire Department: Approved as submitted.
County Planning: No comment.
CATA: The site is located near CATA Bus Route # 1, Pulaski Heights and #8,
Rodney Parham.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights Hillcrest Planning
District. The Land Use Plan shows Single Family for this property. The applicant
has applied for a rezoning from R-3, Single-family to Planned Residential
Development to allow the use of this existing structure as a four-plex.
While the Land Use Plan does show Single Family for this area, this house is
already an existing three-plex. The existing structures will be used and the
review is using the Planned Zoning District process to assure compatibility. The
request does not require a change to the Land Use Plan.
Master Street Plan: West Markham Street 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
September 18, 2008
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A
4
and exits should be limited to minimize negative effects of traffic and pedestrians
on West Markham Street since it is a Minor Arterial. Rice Street is shown as a
Local Street. The primary function of a Local Street is to provide access to
adjacent properties. Local Streets, which are abutted by non-residential
zoning/use or more intensive zoning than duplexes, are considered as
“Commercial Streets.” These streets have a design standard the same as a
Collector. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan: A Class III is shown along West Markham Street. A Class III
bikeway is a signed route on a street shared with traffic. No additional paving or
right-of-way is required. Class III bicycle route signage may be required.
Neighborhood Action Plan: This area is covered by the Capitol View/Stifft Station
Neighborhood Action Plan. The Community Preservation Goal states: “Preserve
housing stock in the neighborhood” and “Encourage new architecturally
compatible residential construction.”
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any/all new parking areas must comply with the City’s landscape and buffer
ordinances.
3. The zoning buffer ordinance requires an eight-foot (8’) wide street buffer
along Rice Street.
4. The zoning buffer ordinance requires a six foot nine inch wide (6’-9”) street
buffer along West Markham Street.
5. The zoning buffer ordinance requires a six foot nine inch wide (6’-9”) land use
buffer along the southern property line. Seventy percent (70%) of this area
must remain undisturbed.
6. The property to the south 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 southern perimeter
of the site.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
Mr. Lance Levi was present representing the request. Staff presented an
overview of the proposed development stating there were few outstanding
technical issues associated with the request. Staff requested Mr. Levi provide
September 18, 2008
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A
5
the proposed parking plan. Staff stated based on typical ordinance standards a
four unit multi-family development would require the placement of six on-site
parking spaces. Staff questioned if any signage was proposed. Staff also
requested Mr. Levi provide details of any existing or proposed fencing located on
the site.
Public Works comments were addressed. Staff stated a 20-foot radial dedication
was required at the intersection of Rice and West Markham Streets.
Landscaping comments were addressed. Staff stated landscaping would be
required with any new on-site parking areas. Staff stated a land use buffer and
screening was required along the southern perimeter. Staff stated street trees
were encouraged along West Markham Street.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
Mr. Levi provided staff with a revised site plan addressing most of the issues
raised at the August 28, 2008, Subdivision Committee meeting. The applicant
has not provided the proposed parking plan. The applicant has indicated no
signage is proposed. The revised site plan indicates the placement of a 20-foot
radial dedication as required by Public Works comments.
Staff feels based on the lot dimensions and depth of the rear yard area four
parking spaces may be constructed in the rear yard of the site in two different
configurations. If the spaces are constructed to pull into the site with the
headlights facing West Markham Street four spaces will fit but this configuration
does not allow for the typically required 6’9” landscape strip along the northern
and southern perimeters. If the spaces pull into the site with the headlights
facing the rear of the structure four spaces may be constructed and the typical
6’9” landscape strip can be provided along the northern and southern property
lines.
The parking will be accessed via the alley, which extends from 2nd Street. No
alley access is allowed from West Markham Street. If the site is developed with
four units, six on-site parking spaces would typically be required. Street parking
is available to provide the remaining spaces.
The applicant is requesting a deferral of the screening requirement along the
southern perimeter. There is an existing six-foot wood fence located in the rear
yard area owned by the adjoining property owner. Since the screening is
required of the more intense use the applicant is seeking a deferral of the
September 18, 2008
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: Z-4509-A
6
screening until the adjacent property owner removes the existing fence and at
such time the applicant would install the required screening. The applicant is
seeking a waiver of the screening requirement in the area the two structures are
adjacent. There is an existing sidewalk located on the property line and is
shared between the two property owners. The applicant has indicated a desire
to maintain the existing characteristics of the area and not “wall in” the site. Staff
is supportive of the screening as proposed.
Staff is not supportive of the request to allow four units. The parking plan does
not support four units. In addition, the area has undergone a transformation in
recent years by converting multiple unit structures back to single-family homes.
Staff recognizes the structure has a history of multiple units but feels the
previously recognized three units should not be exceeded. In 1985, the site
was considered for a rezoning to allow four units on the site, which was not
supported by staff or the Planning Commission. Staff feels the intensification to
allow four units at this time is less desirable than 20 years ago with the recent
reinvestment in the neighborhood and housing stock. The redevelopment of the
site as two units is the most desirable but staff accepts the site has a history of
three units and would recommend at most the site be allowed to redevelop with
three units.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 11,
2008, requesting this item be withdrawn from consideration, without prejudice. Staff
stated they were supportive of the withdrawal request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for withdrawal. The motion carried by a
vote of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 3A FILE NO.: LU08-11-02A
Name: Land Use Plan Amendment - I-430 Planning District
Location: The southwest corner of Kanis and Shackleford Roads
Request: Community Shopping to Office and Commercial
Source: Staff
PROPOSAL / REQUEST:
Prompted by the Land Use Amendment request at the southeast corner of Kanis and
Shackleford, the Planning Staff expanded the area of review to include the area at the
southwest corner of this same intersection. Staff is now proposing a Land Use Plan
amendment in the I-430 Planning District from Office to Commercial. This site did not
develop as Community Shopping. The Office and Commercial categories would better
represent the services that are now being provided at this site.
The applicant has requested the related zoning and land use items be deferred until the
October 30, 2008 meeting. Staff is supportive of this request and recommends this item
for deferral until that time.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
This item was placed on the consent agenda for deferral to the October 30, 2008
hearing at the request of the applicant. By a vote of 6 for and 0 against the consent
agenda was approved.
September 18, 2008
ITEM NO.: 3B FILE NO.: LU08-11-02B
Name: Land Use Plan Amendment - I-430 Planning District
Location: The southeast corner of Kanis and Shackleford Roads
Request: Office to Commercial
Source: Joe White, White-Daters
PROPOSAL / REQUEST:
The applicant has requested this item be deferred until the October 30, 2008
meeting. Staff is supportive of this request.
A Land Use Plan amendment in the I-430 Planning District from Office to
Commercial. Commercial represents a broad range of retail and wholesale
services. The applicant has filed for a Planned Commercial Development to
allow a restaurant use on this site. Prompted by this Land Use Amendment
request, the Planning Staff expanded the area of review to include area
immediately west of the application site. With these changes, the existing
commercial site at the southeast corner of Kanis and Shackleford would be
amended to recognize existing uses. It is thought that the additional area would
make the boundaries more logical.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
This item was placed on the consent agenda for deferral to the October 30, 2008
hearing at the request of the applicant. By a vote of 6 for and 0 against the
consent agenda was approved.
September 18, 2008
ITEM NO.: 3.1 FILE NO.: Z-4565-A
NAME: Kanis/Shackleford Lot 2 Short-form PCD
LOCATION: Located just West of Kaufman Road in the 10700 Block of Kanis Road
DEVELOPER:
Taco Bueno Restaurants, LP
1605 LBJ Freeway, Suite 800
Farmers Branch, TX 75234
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.0 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-3, General Office District
ALLOWED USES: General Office
PROPOSED ZONING: PCD
PROPOSED USE: Restaurant with drive-through service
VARIANCES/WAIVERS REQUESTED: A variance to allow reduced driveway spacing.
The applicant submitted a request dated August 28, 2008, requesting a deferral of this
item to the October 30, 2008, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated August 28,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
September 18, 2008
SUBDIVISION
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-4565-A
2
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 4A FILE NO.: LU08-04-02A
Name: Land Use Plan Amendment - Heights/Hillcrest Planning District
Location: Hillcrest Street and Kavanaugh Boulevard
Request: Single Family and Multi Family to Public Institutional
Source: Staff
PROPOSAL / REQUEST:
Prompted by the Land Use Amendment request at I Street (LU08-04-02), the Planning
Staff expanded the area of review to include the area at the northeast corner of Hillcrest
Street and Kavanaugh Boulevard. Staff is now proposing a Land Use Plan amendment
in the Heights/Hillcrest Planning District from Single Family and Multi Family to Public
Institutional. Public Institutional represents services public and quasi-public facilities
that provide services to the surrounding community.
EXISTING LAND USE AND ZONING:
The property is currently zoned C-3 General Commercial and R-2 Single Family. The
amendment area is approximately 1.5 acres and is the site of the Grace Lutheran
Church and daycare facilities. Immediately south is zoned R-2 Single Family with a
Conditional Use Permit for the Mount Saint Mary Academy campus. To the west is
zoned C-3 General Commercial for two small shopping centers and an apartment
complex. To the north is zoned R-5 Urban Residence District for a large apartment
complex. The east is zoned R-2 Single Family for single family residences.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
There have not been any amendments in this vicinity in the past ten years. This area is
shown on the Land Use Plan as Single Family and Multi Family. The property to the
south is shown as Public Institutional. To the west and northwest is shown as
Commercial; to the north is shown as Multi Family; and to the east is shown as Single
Family.
MASTER STREET PLAN:
Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance travel
within the urbanized area. Hillcrest Street is a Local Street. The primary function of a
Local Street is to provide access to adjacent properties. Local Streets which are
abutted by non-residential zoning/use or more intensive zoning than duplexes are
September 18, 2008
SUBDIVISION
ITEM NO.: 4A (Cont.) FILE NO.: LU08-04-02A
2
considered as “Commercial Streets”. These streets have a design standard the same
as a Collector. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class III bike route is shown on Kavanaugh Boulevard. 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.
PARKS:
This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile
northeast of the amendment area. Prospect Terrace Park is about 1/8 mile northwest of
this area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The Hillcrest Neighborhood Plan covers this amendment area. Their zoning and land
use goal states: “revise the land use map for the neighborhood to reflect changes in
proposed land use and consolidation and elimination of certain land uses.” This
amendment would recognize existing uses.
ANALYSIS:
This application was initiated by City Planning Staff as a direct result of LU08-04-02
being filed for I Street in an effort to update the Future Land Use Plan for the area. This
amendment to the plan is considered by Staff to be a ‘clean up’ to recognize existing
conditions. The area was reviewed for conformance with the zoning and existing use
pattern. With this review, Staff feels this area should be amended to Public Institutional
on the plan to represent the existing use of the Grace Lutheran Church campus. This
amendment is designed to make the Future Land Use Plan a more suitable
representation of current and likely mid-term future uses for this area. Staff does not
believe that the existing use is likely to change, and the Future Land Use Plan would be
more reliable for all users if this school and church were recognized.
September 18, 2008
SUBDIVISION
ITEM NO.: 4A (Cont.) FILE NO.: LU08-04-02A
3
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association: Hillcrest. Staff has
received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
This item was placed on the consent agenda for deferral to the October 30, 2008
hearing at the request of the applicant. By a vote of 6 for and 0 against the consent
agenda was approved.
September 18, 2008
ITEM NO.: 4B FILE NO.: LU08-04-02B
Name: Land Use Plan Amendment - Heights/Hillcrest Planning District
Location: I Street and Kavanaugh
Request: Low Density Residential (LDR) to Multi Family (MF)
Source: Richard Harp, CAR Holdings, LLC
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Heights/Hillcrest Planning District from Low
Density Residential (LDR) to Multi Family (MF). Multi Family (MF) represents
residential developments of ten to thirty six units per acre. The applicant has
filed for a Planned Residential Development to allow 14 units on one-half of an
acre. Prompted by this Land Use Amendment request, the Planning Staff
expanded the area of review to include the area to the east between the
application and Kavanaugh Boulevard. It is thought that the additional area
would make the boundaries more logical.
EXISTING LAND USE AND ZONING:
The property is currently zoned for a Planned Residential Development (PRD)
with R-2 and R-4 zoning fronting Kavanaugh Boulevard. The residences fronting
Kavanaugh appear to be single family and the PRD has a duplex and two four-
plexes. The amendment area is one acre ± in size. To the east is zoned R-2
Single Family with a Conditional Use Permit for Mount Saint Mary Academy. The
south, west and northwest is also all zoned R-2 Single Family for single family
residences and Holy Souls Church and School, which has a Conditional Use
Permit. To the north of this amendment is zoned R-4 Two Family District for
single family residences and some duplexes.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
There have not been any amendments in this vicinity in the past ten years.
The amendment area is currently shown as Low Density Residential. The
property to the north and west is shown as Single Family and the east is shown
as Low Density Residential. The property on the south side of I Street is shown
as Single Family and Multi Family. The property on the east side of Kavanaugh
is shown as Public Institutional.
September 18, 2008
SUBDIVISION
ITEM NO.: 4B (Cont.) FILE NO.: LU08-04-02B
2
MASTER STREET PLAN:
Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial provides connections
to and through an urban area and their primary function is to provide short
distance travel within the urbanized area. I Street is a Local Street. The primary
function of a Local Street is to provide access to adjacent properties. Local
Streets which are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. These streets have a
design standard the same as a Collector. These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to
the site.
BICYCLE PLAN:
A Class III bike route is shown on Kavanaugh Boulevard. 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.
PARKS:
This area is within eight blocks of a city park. Allsopp Park is located abut ¼ mile
northeast of the amendment area. Prospect Terrace Park is about 1/8 mile
northwest of this area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This amendment is covered by the Hillcrest Neighborhood Plan. The Housing
Goal states: “Pursue establishing an overlay district that protects the eclectic
architectural character of the Hillcrest Neighborhood without imposing
unreasonable restrictions on property owners' rights to remodel of otherwise alter
their property.” The Hillcrest Design Overlay District has been implemented and
the applicant has filed a Planned Development, which is a separate item on this
agenda.
ANALYSIS:
The applicant’s property is already zoned for a Planned Residential Development
(PRD). The original PRD was filed in August of 2000 and a land use plan
September 18, 2008
SUBDIVISION
ITEM NO.: 4B (Cont.) FILE NO.: LU08-04-02B
3
amendment for the area was also filed at that time. The PRD was approved at
that time, but the land use plan amendment from Low Density Residential to Multi
Family was denied. With the approval of that PRD, this site was allowed to have
10 units on half an acre, with is 20 units per acre. The Multi Family land use
category is for residential developments of 10 to 36 units per acre. The applicant
is now proposing to add two more units, which would increase the density to 12
units, or 24 units per acre. Staff has reviewed this area and increased the
amendment site to include the residences between this PRD and Kavanaugh
Boulvard. This would bring the Multi Family category east all the way to
Kavanaugh, which would make the plan more logical.
The section of the Hillcrest Neighborhood is characterized by the balance
between houses, duplexes and apartments. Small single family houses near
Harrison Street and small duplexes located near Kavanaugh are typical
examples of the surrounding neighborhood. There are small apartment buildings
of varying size along Kavanaugh south of this amendment area. This
amendment would increase the density of dwelling units located on the property,
which is already a very dense development. There does not appear to be a
demand for more intensity in this area. Several houses on I Street and in the
surrounding neighborhood are former duplexes that have been converted back to
single family residences. There is a balance of single family and multi family
residences in Hillcrest, and adding more density at this time could disturb this
balance.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association: Hillcrest. Staff has
received one positive comment from an adjacent property owner.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
This item was placed on the consent agenda for deferral to the October 30, 2008
hearing at the request of the applicant. By a vote of 6 for and 0 against the
consent agenda was approved.
September 18, 2008
ITEM NO.: 4.1 FILE NO.: Z-6883-A
NAME: Harp’s Quadplex Short-form PD-R
LOCATION: Located at 5212 I Street
DEVELOPER:
CARD Holdings, LLC
Mr. Richard Harp
17200 Chenal Parkway, Suite 300
Little Rock, AR 72223
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.19 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
CURRENT ZONING: PRD
ALLOWED USES: Duplex, Four-plex and a Six-plex
PROPOSED ZONING: Revised PD-R
PROPOSED USE: 2-Four-plex Buildings and a Six-plex Building
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On August 3, 2000, the Little Rock Planning Commission approved a request to rezone
the site from R-2, Single-family and R-4, Two-family to PRD to allow a single-family
residence located at 5215 J Street to be removed and a new four-plex constructed in its
location. The existing parking was to be upgraded with the construction of a new
parking area behind the six-unit apartment building containing a total of 16 surface
parking spaces accessed from J Street. The six-plex had four garage parking spaces
accessed from J Street. The Board of Directors adopted Ordinance No. 18,379 on
October 17, 2000, rezoning the site to PRD. A land use plan amendment was also filed
to change the site from Single Family and Low Density Residential to Multi-family. This
September 18, 2008
SUBDIVISION
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A
2
application request was denied by the Planning Commission and was not appealed to
the Board of Directors.
A. PROPOSAL/REQUEST:
The request is to revise the previously approved PRD to allow an existing duplex
structure to be removed from the site and a new four-unit apartment building
constructed within this area. According to the applicant, the duplex building is
beyond cost effective repair, remodel or updating. The applicant has applied for
and received a demolition permit for the structure.
The duplex is located adjacent to a vacant lot. The site plan submitted indicates
a staggered 4-plex, town home style, to occupy both the lots currently occupied
by the duplex and the vacant lot. Parking upgrades will be provided to the rear of
the structure accessed from J Street.
B. EXISTING CONDITIONS:
There are three residential structures on this site, a four-unit apartment building,
a six-unit apartment building and a duplex building currently undergoing
extensive renovations/demolition. There are single-family residential structures
to the east, west, south across I Street and north across J Street. A number of
the residential structures in this area contain more than one dwelling unit but the
area along I Street appears to be single-family. Mount St. Mary’s School is
located further east across Kavanaugh Boulevard and Holy Souls School is
located further west across Harrison Street.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several calls from persons expressing
concern with the proposed development. All property owners located within 200
feet of the site, all residents, who could be identified, located within 300 feet and
the Hillcrest Residence Neighborhood Association were notified of the Public
Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. The parking lots should be redesigned for sufficient vehicle maneuvering.
September 18, 2008
SUBDIVISION
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A
3
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required. 3/4" is the largest meter size available off
the existing 2" water main.
Fire Department: Place and install fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is located on dedicated CATA Bus Route #1, Pulaski Height.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights/Hillcrest Planning
District. The Land Use Plan shows Low Density Residential for this property.
The applicant has applied for a rezoning to revise a previously approved Planned
Residential Development to allow a new fourplex.
A Land Use Plan amendment is a separate item on this agenda (LU08-04-02) a
change from Single Family and Low Density Residential to Multi Family.
Master Street Plan: Kavanaugh Boulevard is a Minor Arterial. A Minor Arterial
provides connections to and through an urban area and their primary function is
to provide short distance travel within the urbanized area. I Street is a Local
Street. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets, which are abutted by non-residential zoning/use or
more intensive zoning than duplexes, are considered as “Commercial Streets”.
These streets have a design standard the same as a Collector. These streets
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
September 18, 2008
SUBDIVISION
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A
4
Bicycle Plan: A Class III bike route is shown on Kavanaugh Boulevard. A Class
III bikeway is a signed route on a street shared with traffic. No additional paving
or right-of-way is required. Class III bicycle route signage may be required.
Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood
Plan. The housing goal states: “Recommend the creation of an Overlay District
that would require Planned Unit Development (PUD) for reclassification of land
use, density, or other infrastructure improvements.” The Hillcrest Design Overlay
has been implemented. The Overlay requires the use of a Planned Unit
Development for the redevelopment of this property.
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any/all new parking associated with this project must comply with both the
landscape and buffer ordinances.
3. It appears that part of the proposed parking is located within the required
buffer area and the required perimeter landscape strip. A minimal strip of six
feet nine inches (6’-9”) is required to meet both ordinance requirements.
Variances from the Landscape Ordinance requirement must be approved by
the City Beautiful Commission prior to the issuance of a building permit.
4. The properties to the east and west are 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 eastern
and western perimeters of the site.
5. A street buffer averaging six percent of the depth of the entire property is
required along I Street. The street buffer required is to average 10.54 feet
and in no case less than nine feet.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
Mr. Richard Harp was present representing the request. Staff presented an
overview of the proposed development stating there were additional items
necessary to complete the review process. Staff requested the developer
provide the necessary elements to allow staff to review the item per the Hillcrest
Design Overlay District. Staff requested the grade plane and building coverage
be provided. Staff also requested details of any proposed signage, the building
height and any proposed fencing. Staff stated site lighting was to be low level
and directed downward and into the site and not overspill the adjacent residential
properties.
September 18, 2008
SUBDIVISION
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A
5
Public Works comments were addressed. Staff stated the parking lot should be
redesigned to allow sufficient vehicle maneuvering. Staff also stated any broken
curb, gutter or sidewalk was to be repaired prior to the issuance of the
certification of occupancy.
Landscaping comments were addressed. Staff stated any new paving would
require the placement of landscaping per the Landscape Ordinance. Staff also
stated the property to the east and west were zoned residentially therefore
screening was required along these perimeters.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
Mr. Harp provided staff with a revised site plan addressing a number of the
issues raised at the August 28, 2008, Subdivision Committee meeting. The
revised site plan indicates no signage is proposed with the new development, the
grade plane for the new structure is zero and provided the building coverage.
The maximum building height proposed is 30-feet. The proposed fencing has not
been noted on the site plan. Screening will be provided via a six foot wood fence
or dense evergreen plantings to be determined at the time of building permit.
The site contains an existing dumpster facility located within the parking lot area.
The dumpster is proposed to be relocated from the existing location but will
remain within the parking area. The hours of dumpster service have not been
limited. Staff recommends the hours of service be limited to daylight hours.
The site is proposed containing a total of 14 units. The new construction
proposed is the removal of an existing duplex structure and construction of a new
building containing four units. The site is located in the Hillcrest Design Overlay
District. The typical parking required for a multi-family development containing
14 units would be 21 spaces; the DOD allows a 50% reduction resulting in
10 spaces being required with the minimum established being the maximum
allowed. Street parking is also allowed to serve as the required spaces. Along
J Street 10 spaces are provided and along I Street 8 spaces are provided. The
development contains four garage spaces and 12 on-site spaces for a total of
16 on-site parking spaces.
The purpose and intent section of the Hillcrest Design Overlay District states the
purpose of the Overlay is to help maintain the built environment in a
neighborhood that is rich in history and architectural character and consists of
both a vital residential area and a thriving commercial sector. In order to preserve
and enhance those qualities, compatible design and scale of buildings, parking
areas, signage, landscaping, streetscapes, and street furnishings are required
September 18, 2008
SUBDIVISION
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A
6
such that the friendly, pedestrian-oriented, "small-town" nature of the
neighborhood is continued. Through additional guidelines for buildings, the
district intends to prevent incompatible and poorly planned projects from having a
negative impact on Hillcrest's unique character and its living and working
environment. Such incompatible construction has the potential to destroy the
very attributes that have attracted people to the neighborhood since its beginning
as Little Rock's first "suburb" in the 1890s, and more recently during its
resurgence since the 1960s.
The Hillcrest Design Overlay District does not regulate building design or
construction materials. The Overlay desires new construction and additions to
respect the prevailing styles of the neighborhood. According to the Overlay the
compatible design of housing contributes to the richness of the history and
architectural character of Hillcrest. The developer has indicated the new
construction will match the construction of the four-plex located along I Street
both in building design and construction materials.
The maximum building height proposed for the new structure is 30-feet. Per the
Hillcrest Design Overlay District the building height and ridgeline elevations are
to be a maximum of thirty-nine (39) feet or two and one-half (2 1/2) stories,
measured from the "grade plane" to the ridgeline of the highest roof surface. In
addition, new buildings and additions shall be constructed to an elevation that is
within one story of the adjacent residential structures. The buildings as proposed
comply with this typical Overlay standard.
The Hillcrest Design Overlay District regulates the floor area ratio. The floor area
ratio is defined as the total area of all floors of the principal structure as
measured to the outside surfaces of the exterior walls and including halls,
stairways, elevator shafts, and attached garages divided by the area of the lot.
The floor area ratio for the new construction is 0.71 or 3,600/5,086. The floor
area ratio for all three buildings is 15,828 square feet of building area and a lot
area of 21,936 square feet. For residential structures with one floor, the floor
area ration must not exceed 0.37 percent and for residential structures with two
floors, the floor area ration must not exceed 0.50 percent. The existing buildings
are two story and the new construction is also two story. The floor area ratio as
proposed exceeds the typical standards established by the Overlay.
Per the Hillcrest Design Overlay District the lot coverage for all structures under
roof must not exceed 50 percent. For lots less than 4,500 square feet the
maximum lot coverage for all structures must not exceed 60 percent. The total
lot coverage of the development is 36.5 percent, a total of 8,007 square feet of
building area and a total lot area of 21,936 square feet. The lot coverage as
proposed complies with the typical standards established by the Overlay.
Staff is not supportive of the request. Although, the site does comply with a
number of the typical Overlay standards, with the exception of the floor area ratio
September 18, 2008
SUBDIVISION
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-6883-A
7
requirement, in staff’s opinion the proposed new construction does not meet the
purpose and intent section of the Hillcrest Design Overlay. In addition, the area
proposed for new construction is located along I Street, which appears from a
windshield survey, to be predominately single-family. Staff has a concern with
the addition of four units onto this street and the possible impacts. The Overlay
does not regulate building design or construction materials. The Overlay does
state a desire for new construction and additions to be compatible design with
the area to contribute to the richness of the history and architectural character of
the neighborhood. In staff’s opinion, the building proposed for construction does
not meet this desired intent. Also staff has concerns with the massing of the new
construction proposed. In staff’s opinion, the new construction does not appear
to be compatible with the existing architecture within the neighborhood. Staff
feels the existing density should be maintained with the rehabilitation of the
existing duplex structure.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 11,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 5 FILE NO.: LU08-29-01
Name: Land Use Plan Amendment - Barrett Planning District
Location: The northwest corner of Morgan Cemetery Road and Highway 10
Request: Transition to Mixed Office Commercial
Source: Tim Daters, White-Daters
PROPOSAL / REQUEST:
The applicant has requested this item be deferred to the October 30, 2008
agenda. Staff is supportive of this request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
This item was placed on the consent agenda for deferral to the October 30, 2008
hearing at the request of the applicant. By a vote of 6 for and 0 against the
consent agenda was approved.
September 18, 2008
ITEM NO.: 5.1 FILE NO.: Z-7948-B
NAME: Morgan Lot 2 Short-form POD
LOCATION: Located on the Northwest corner of Cantrell Road and
Morgan Cemetery Road
DEVELOPER:
Lasiter Family Limited Partnership
C/o Ranch Properties, Inc.
900 South Shackleford Road
Little Rock, AR 72211
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 2.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family Residential
PROPOSED ZONING: POD
PROPOSED USE: Mixed use development containing O-3, General Office District uses
and C-3, General Commercial District uses
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated September 8, 2008, requesting a deferral of
this item to the October 30, 2008, public hearing. Staff is supportive of the deferral
request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 8,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated they were supportive of the deferral request.
September 18, 2008
SUBDIVISION
ITEM NO.: 5.1 (Cont.) FILE NO.: Z-7948-B
2
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 6 FILE NO.: Z-8293-A
NAME: Price Short-form PD-R
LOCATION: Located at 8405 Ferndale Cut-off
DEVELOPER:
Rebekah Price
4500 Skyhawk Circle
Little Rock, AR 72223
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.35 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Three residential units – Existing single-family residence with the
addition of a duplex
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The applicant is proposing a rezoning of the site from R-2, Single-family to PD-R
to allow the placement of three residential units on the site; the existing single-
family home and the construction of a new duplex. The new structure will be
placed with setbacks as typically required by the zoning ordinance for R-2,
Single-family development.
The site plan indicates the placement of a building envelope of 30 feet by 70 feet.
The applicant has also indicated a desire to add covered parking and storage
buildings as typically allowed per the R-2, Single-family zoning district.
September 18, 2008
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A
2
B. EXISTING CONDITIONS:
The site contains a single-family home with a few outbuildings. The area has
developed with homes on large tracts and acreage. The area is predominately
residential with a few non-conforming commercial uses. The property to the
north appears to have a number of uses taking place including residential and
non-residential uses. On the northern site there are a number of structures
including site built and manufactured housing. Across from this site are
residential units both single-family and multi-family.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property owners.
All property owners located within 200 feet of the site, all residents, who could be
identified, located within 300 feet and the Coalition of West Little Rock
Neighborhoods were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Ferndale Cutoff at this location is classified on the Master Street Plan as a
principal arterial. Dedication of right-of-way to 55 feet from centerline is
required. Since the existing structure and pump house are only 50 feet from
the centerline, a dedication of right-of-way 48 feet from centerline is required.
2. This property shows to be located in the 100-year floodplain. Contact Pulaski
County Planning Department for more information pertaining to construction
in the floodplain at this location.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Property outside the service boundary. Provide the means of
wastewater disposal.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Contact Central Arkansas
Water if larger and/or additional water meter(s) are required. If a larger and/or
September 18, 2008
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A
3
additional meter is needed, a Capital Investment Charge based on the size of the
meter connection(s) will apply to this project in addition to normal charges.
Fire Department: Fire hydrants maybe required. The site is located outside the
City limits of Little Rock but within the Extraterritorial Planning Jurisdiction.
Provide approval from the area volunteer fire department indicating their
knowledge of the project and their ability to serve the development.
County Planning: Establish the appropriate base flood elevation, fill to one foot
above the established elevation and obtain a flood development permit from
Pulaski County Planning.
CATA: The site is not located on a CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Chenal Planning District. The
Land Use Plan shows Single Family for this property. The applicant has applied
for a rezoning from R-2 Single-family to Planned Residential Development to
allow a duplex to be constructed on a site containing an existing single family
home.
This application is on a large tract of land, and the resulting density would be
consistent with that of the Land Use Plan. The request does not require a
change to the Land Use Plan.
Master Street Plan: Ferndale Cutoff is 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 Ferndale
Cutoff since it is a Principal Arterial. This street may require dedication of right-
of-way and may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class III is shown along Ferndale Cutoff. A Class III bikeway is a
signed route on a street shared with traffic. No additional paving or right-of-way
is required. Class III bicycle route signage may be required.
Neighborhood Action Plan: The property under review is not located in an area
covered by a City of Little Rock recognized neighborhood action plan.
September 18, 2008
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A
4
Landscape:
1. A small amount of landscaping will be required in conjunction with this
development.
2. The zoning buffer ordinance requires a fifteen-foot wide (15’) land use buffer
along the eastern property line. Seventy percent (70%) of this area is to
remain undisturbed.
3. The zoning buffer ordinance requires a twelve-foot wide (12’) land use buffer
along both the northern and the southern property lines. Seventy percent
(70%) of this area is to remain undisturbed.
4. The zoning buffer ordinance requires an average fifteen foot wide (15’) street
buffer and in no case less than half, along the western property line next to
the street.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
The applicant was not present. Staff presented an overview of the site plan
stating the Committee had previously reviewed the exact site plan. Staff stated
the applicant had filed the request, which was later withdrawn without prejudice,
because the applicant did not desire to move forward with the request. Staff
stated they had met with the applicant and the applicant was working to secure
the items remaining in need of addressing. There was no further discussion of
the item. The Committee then forwarded the item to the full Commission for final
action.
H. ANALYSIS:
There were no items raised at the August 28, 2008, Subdivision Committee
meeting in need of addressing with a revised site plan. The applicant has
provided staff with a letter from the area volunteer fire department indicating their
knowledge of the project and their ability to serve the development. The site is
located outside the City limits of the City of Little Rock therefore a septic system
will be required to handle the wastewater needs.
The request is to allow the construction of a new duplex on this site, which
presently contains a single-family home. The home will remain resulting the
three residential units on the property. The building footprint for the duplex is
proposed as 30-feet by 70-feet containing a total of 2,100 square feet. The
allowance of covered parking in the future should the need arise is being
requested. Storage buildings may also be added to the site in the future. All
structures will be placed as typically allowed in the R-2, Single-family Residential
zoning district. Fencing is not proposed with the proposed construction of the
new duplex. If fencing is added, the fencing will be added consistent with fencing
allowed in residential zones.
September 18, 2008
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8293-A
5
The site plan indicates there is not a need for a dumpster facility. No signage is
proposed for the development. The site is located adjacent to the 100-year
floodplain. All new construction is to be reviewed by the County prior to
development of the site. The site will be developed in residential style and
character and a small amount of landscaping will be added within the front yard
area.
Staff is supportive of the request. The area contains a number of uses including
conforming and non-conforming residential and non-residential. Across Ferndale
Cut-off is a small apartment development and north of the site is what appears to
be a sawmill operation. To staff’s knowledge there are no outstanding technical
issues associated with the request. Staff does not feel the addition of the duplex
on this 1.35 acre site will significantly impact the development or the area.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 7 FILE NO.: Z-8380-A
NAME: Childress Short-form PD-R
LOCATION: Located at 4923 Woodlawn Avenue
DEVELOPER:
Pamela Childress
10702 Crestdale
Little Rock, AR 72212
SURVEYOR:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.20 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family Residential
PROPOSED ZONING: PD-R
PROPOSED USE: Single-family residential – proposed one story addition with a
reduced setback which is inconsistent with the Hillcrest Design Overlay District
VARIANCES/WAIVERS REQUESTED: None requested.
The applicant submitted a request dated August 28, 2008, requesting this item be
withdrawn from consideration, without prejudice. Staff is supportive of the withdrawal
request.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated August 28,
2008, requesting this item be withdrawn from consideration, without prejudice. Staff
stated they were supportive of the withdrawal request.
September 18, 2008
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-8380-A
2
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for withdrawal. The motion carried by a
vote of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 8 FILE NO.: Z-8385
NAME: 2105 South Taylor Street Short-form PD-R
LOCATION: Located at 2105 South Taylor Street
DEVELOPER:
George Dumbrava
2000 Central Avenue
Hot Springs, AR 71901
ENGINEER:
Laha Engineering
6602 Baseline Road, Suite E
Little Rock, AR 72209
AREA: 0.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: R-3, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Duplex and Garage apartment
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The applicant is requesting to rezone the site from R-3, Single-family to PD-R to
allow three residential units on the site with individual utility meters. The
applicant is proposing two units within the main structure and the third unit within
a garage apartment located in the rear yard area. Parking for the units is
proposed within the front yard area and two spaces off the alley.
B. EXISTING CONDITIONS:
The structure is currently undergoing renovations. To the north is a vacant lot
and to the south a single-family home. The alley is a functioning alley with a
September 18, 2008
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8385
2
number of the homes taking rear access from the alley to parking pads and
garages located behind the primary structure. The area is predominately
single-family. South of the site is the UALR campus.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet and the Oak Forest
Neighborhood Association were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. South Taylor Street is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25 feet from centerline will be required.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer is available to this property.
Entergy: Approved as submitted.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required.
Fire Department: Place and install fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-630 Planning District. The
Land Use Plan shows Single Family for this property. The applicant has applied
for a rezoning from R-3, Single-family to Planned Residential Development to
September 18, 2008
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8385
3
allow the existing structure to become a triplex utilizing individual utility meters for
the units.
The Land Use Plan for this area was just reviewed for the Oak Forest
Neighborhood Action Plan Update, and this is just one lot of higher density
surrounded by single family. The review is using the Planned Zoning District
process to assure compatibility. This request does not require a change to the
Land Use Plan.
Master Street Plan: South Taylor and West 21st Streets are shown as Local
Streets. The primary function of a Local Street is to provide access to adjacent
properties. Local Streets, which are abutted by non-residential zoning/use or
more intensive zoning than duplexes, are considered as “Commercial Streets”.
These streets have a design standard the same as a Collector.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Neighborhood Action Plan: This area is covered by the Oak Forest Neighborhood
Plan. One objective of the Housing Goal section states: “Promote Oak Forest
neighborhoods as residential neighborhoods to UALR staff and students, local
businesses, and governmental agencies.” This application would provide more
housing for the community.
Landscape:
1. The site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any/all parking areas must comply with the City’s landscape and buffer
ordinances.
3. The zoning buffer ordinance requires a minimum of six foot, nine inch (6’-9”)
wide land use buffer along the northern and southern property lines. Seventy
percent (70%) of this area is to remain undisturbed.
4. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape
strip along the property lines where parking is proposed. A variance from the
City Beautiful Commission must be granted for any reduction and must be
approved prior to the issuance of a building permit.
5. The property to the north and south are 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 both the
southern and the northern perimeters of the site.
September 18, 2008
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8385
4
6. The zoning buffer ordinance requires the placement of a street buffer with a
minimum width of nine feet along South Taylor Street.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
The applicant was present. Staff presented an overview of the development
stating there were few outstanding technical issues associated with the request.
Staff requested the applicant provide the proposed parking plan. Staff also
stated the City did not have a case file indicating a history of the site being more
than one unit. Staff requested the applicant provide documentation indicating
multiple units if the site had a previous history as a duplex or triplex.
Public Works comments were addressed. Staff stated a right of way dedication
of 25 feet from centerline would be required.
Landscaping comments were addressed. Staff stated landscaping of any new
parking areas would be required consistent with the Landscape Ordinance
requirements. Staff also stated screening would be required along the northern
and southern perimeters.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the August 28, 2008, Subdivision Committee meeting. A total of four
parking spaces have been indicated on the site plan. The applicant has not
provided staff with documentation of the site’s history as a multi-unit structure.
The applicant is seeking a rezoning of this site from R-3, Single-family to PD-R to
allow an existing single-family residence to be converted into a duplex and an
existing structure located off the alley to be converted into a garage apartment
resulting in three units on this lot. The site plan indicates the placement of four
parking spaces on the site. Two of the spaces are located within the front yard
area and two accessed from the alley. The stalls located on the alley are less
than the 20 foot typical stall depth and have been indicated for compact
automobiles. A screening fence is proposed between the proposed parking and
the adjacent single-family house located to the south. No other screening is
proposed.
Staff is not supportive of the request. Staff does not feel three units is
appropriate for this site. The applicant has indicated the site has a history of
multiple units but staff cannot find any indication the structure was used for
September 18, 2008
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-8385
5
anything other than single-family in the past. The area is predominately
single-family with the more intense zoning and uses located south of West 28th
Street. Staff feels the home should remain single-family.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
Mr. George Dumbrava was present representing the request. There were registered
objectors present. The Chair informed Mr. Dumbrava that the Commission’s policy was
when there were eight or fewer Commissioners present the applicant was offered a
deferral of the item to a future meeting. Chairman Taylor stated the reason was an item
took six affirmative votes to move the item forward with a positive recommendation. He
stated of the Commissioners present Commissioner Laha was going to recuse because
of his involvement with the site plan. The Chair stated there were seven voting
Commissioners present with Commissioner Laha recusing.
Mr. Dumbrava stated he wished to defer. Staff stated the date of public hearing would
be October 30, 2008.
There was no further discussion of the item. The chair entertained a motion for deferral
of the item to the October 30, 2008, public hearing. The motion carried by a vote of
7 ayes, 0 noes 3 absent and 1 recusal (Commissioner Laha).
September 18, 2008
ITEM NO.: 9 FILE NO.: Z-8386
NAME: Tract 2 Asbury Acres Short-form PD-R
LOCATION: Located in the 800 Block of Kirby Road
DEVELOPER:
Randy James
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 0.93 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-R
PROPOSED USE: Patio home single-family subdivision
VARIANCES/WAIVERS REQUESTED: A variance from the Subdivision Ordinance to
allow a 25-foot front building line along Kirby Road.
A. PROPOSAL/REQUEST:
The project consists of 0.93 acres, located on the east side of Kirby Road, just
north of Kanis Road. The development is proposed as a residential subdivision
containing five lots and one tract with an average lot size of 6,210 square feet.
The residential lots are proposed with a five-foot side yard setback and 15-foot
rear yard setback. The developer is requesting a 25-foot setback adjacent to
Kirby Road. This is a variance from the Subdivision Ordinance, which typically
requires the placement of a 30-foot building line adjacent to a collector street
(Section 36-256(1)). The development will be accessed via a 45-foot access and
utility easement extending from Kirby Road with the Tract containing a
September 18, 2008
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8386
2
turn-around for services and emergency vehicles. The development is proposed
with a six-foot brick and wood fence located along Kirby Road.
The homes are proposed as single story homes. Two building footprints are
proposed. One footprint contains 1,800 square feet and the second
2,200 square feet. Both footprints include 400 square feet designated for
garages.
B. EXISTING CONDITIONS:
Kirby Road is a narrow two-lane road with open ditches for drainage. The site is
wooded and appears to be relatively flat. South of the site is a warehouse
building and north of the site is Chenal Adult Daycare facility. East of the site is
vacant property zoned PRD, which has expired, and was approved for a patio
home single-family residential development. The area is predominately
single-family with a few churches located north of the site. The area south of the
site at the intersection with Kanis Road on the east side was recently approved
for an office, commercial and mini-warehouse development and on the west side
a convenience store was recently approved by the Courts.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area property owners.
All property owners located within 200 feet of the site, all residents, who could be
identified, located within 300 feet, the Parkway Place Neighborhood Association
and the Spring Valley Manor Property Owners Association were notified of the
Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Kirby Road is classified on the Master Street Plan as a collector street. A
dedication of right-of-way 30 feet from centerline will be required.
2. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvement to Kirby Road including
5-foot sidewalks with the planned development. The new back of curb should
be located 18 feet from the centerline.
3. All driveways shall be concrete aprons per City ordinance.
4. Storm water detention will not apply to the proposed development since the
site is less than one acre.
September 18, 2008
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8386
3
5. Measures to control additional storm water drainage should be implemented
to not cause damage onto adjacent property from the increased impervious
surface.
6. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
7. No residential waste collection service will be provided on private streets
unless the property owners association provides a waiver of damage claims
for operations on private property.
8. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Traffic Engineering 379-1813
(Steve Philpott) for more information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements. Contact Little
Rock Wastewater Utility for additional information.
Entergy: Approved as submitted.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A water main extension and
fire hydrant will be required in order to provide service to this property. A Capital
Investment Charge based on the size of connection(s) will apply to this project in
addition to normal charges.
Fire Department: Place and install fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
September 18, 2008
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8386
4
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Ellis Mountain Planning District.
The Land Use Plan shows Single Family for this property. The applicant has
applied for a rezoning from R-2, Single-family to Planned Residential
Development to allow five patio style single family homes.
The application is within the recommended density of the Land Use Plan and is
single family construction. The request does not require a change to the Land
Use Plan.
Master Street Plan: Kirby Road is shown as a Collector. The primary function of
a Collector Street is to provide a connection from Local Streets to Arterials. This
street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan: A Class III bike route is shown along Kirby Road. A Class III
bikeway is a signed route on a street shared with traffic. No additional paving or
right-of-way is required. Class III bicycle route signage may be required.
Neighborhood Action Plan: This area is covered by the Rock Creek
Neighborhood Plan. The Residential and Community Goal states: “Support a
continuous progression of intensity from single-family and multi-family in newly
developing areas, placing the multi-family as a buffer between single-family and
non-residential uses.” It also states: “Encourage large lot single family
development in the area.”
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
Mr. Pat McGetrick was present. Staff presented an overview of the development
stating there were additional items necessary to complete the review process.
Staff requested Mr. McGetrick provide details of the proposed signage. Staff
also requested Mr. McGetrick provide details of the proposed construction
materials and building elevations. Staff stated if trash collection was to take
place along Kirby Road the site plan should include the location along with an
easement.
Public Works comments were addressed. Staff stated dedication of right of way
30 feet from centerline was required along Kirby Road. Staff also stated street
improvements to Kirby Road were required per the Master Street Plan. Staff
September 18, 2008
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8386
5
stated the storm water detention ordinance would not apply to development of
the site but requested the developer take measures to not cause damage to
adjacent properties. Staff stated a grading permit was required prior to any site
grading or tree clearing on the site.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
Mr. McGetrick provided staff with a revised site plan addressing most of the
issues raised at the August 28, 2008, Subdivision Committee meeting.
Mr. McGetrick has provided details of the proposed signage, construction
materials and building elevations. The plan also indicates garbage collection will
be provided at each individual lot and the property owners association will sign
the required waiver to allow for collection on this private drive.
The lots are proposed as 45-feet in width and 137.8 feet in depth for an average
lot size of 6,201 square feet. The lots are indicated with a five-foot side yard
setback and a fifteen-foot rear yard setback. The private drive is included within
the front building setback. The homes will be constructed with a 47.5-foot front
building line from the northern property line resulting in a 7.5 foot building line
from the proposed private street.
A private drive is proposed to serve the new homes extending from Kirby Road.
The drive is proposed as 25-feet in width with a “hammerhead” turn-around
located on the eastern most parcel identified as Tract A. The site plan states
garbage collection will be provided at each unit. A waiver of damage claims will
be provided to allow operation of City owned vehicles on private streets.
Tract A contains an area identified as common open space. This common open
space area contains 2,100 square feet or 19 percent of the total site area. Each
of the individual lots contains 2,000 square feet of private one space or
32 percent of the total lot area. Open space requirements contained within the
development standards of the PZD ordinance states a minimum of ten (10) to
fifteen (15) percent of gross planned residential district (PRD) areas are to be
designated as common usable open space. In addition, single-family, duplex,
zero-lot-line and townhouse developments must have a minimum of five hundred
(500) square feet of usable private open space per unit.
The homes are proposed to be constructed of brick with some siding. The roof
pitch proposed is a maximum of 12/12. The site plan indicates the homes will be
single story with the option of a basement. The homes will range in size from
1,800 to 2,200 square feet including 400 square feet for a garage. Interior
fencing is proposed consistent with fencing typically allowed in single-family
residential zones. A perimeter fence is not proposed. Fencing is proposed along
Kirby Road. The material of the fence is wood with brick columns.
September 18, 2008
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-8386
6
Subdivision signage is proposed to identify the proposed development. The sign
is proposed consistent with signage typically allowed in residential zones. The
sign will be placed within the fence and will not exceed thirty-two square feet in
area as typically allowed in residential zones. Signage will be placed on each
side of the drive. One sign location is typical allowed.
The development is a single-family patio home development constructed
consistent with densities allowed in single-family zones. Staff is supportive of the
request. Staff feels the development offers a housing style different than is
readily available in the nearby neighborhoods. To staff’s knowledge there are no
outstanding issues associated with the request. Staff does not feel the
construction of five new single-family homes at this location will adversely impact
the area.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request from the Subdivision
Ordinance to allow a 25-foot front building line adjacent to Kirby Road.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated September 16,
2008, requesting a deferral of this item to the October 30, 2008, public hearing. Staff
stated the deferral request would require a waiver of the Commission’s by-laws with
regard to the late deferral request. Staff stated they were supportive of the deferral
request.
There was no further discussion of the item. The chair entertained a motion for the
waiver of the Commission’s by-laws with regard to the late deferral request. The motion
carried by a vote of 6 ayes, 0 noes and 5 absent. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 6 ayes, 0 noes and 5 absent.
September 18, 2008
ITEM NO.: 10 FILE NO.: Z-8387
NAME: Hick’s Short-form POD
LOCATION: Located at 209 North Pierce Street
DEVELOPER:
Andrew Hicks Architects
P.O. Box 2597
Little Rock, AR 72221
SURVEYOR:
Donald Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72095
AREA: 0.18 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-3, General Office District
ALLOWED USES: General Office
PROPOSED ZONING: POD
PROPOSED USE: O-3, General Office District and Single-family
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The request is to rezone the site from O-3, General Office District to POD to
allow a mixed use residential and office use on the site. The existing building
was originally constructed in 1982 as a single story 1,100 square foot
single-family residence on a residential lot measuring 50 feet by 162.5 feet
containing 8,125 square feet. The property was subsequently rezoned to O-3,
General Office District and the rear yard was paved to provide a parking lot for an
office use. The applicant is proposing an addition to the existing home with a
maximum area of 1,800 square feet. A portion of the 2nd floor will span over an
open parking area for 3 cars, a “carport”. The addition will be at the rear of the
property and will observe the four-foot side yard setback and the 25-foot rear
September 18, 2008
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-8387
2
yard setback required adjacent to residential per the Mid-town Overlay. The new
development will provide one building with a maximum of 2,900 square feet. The
ratio of building to land will be at most 2.9/8.125.
The applicant proposes the continued use of the driveway and rear parking lot.
Some small portion of the paving will be removed or added as required to
conform to the new addition. Landscaping will be added to meet the
requirements of the Mid-town Overlay.
The existing building being very flat featured will also have a small addition at the
front to create a new entry feature and to make the building more appealing from
the street. The one vehicle entry and exit to the site will remain on the southwest
corner of the site, onto North Pierce Street.
The developer is requesting the placement of a six-foot wood fencing at the rear
of the property along the original alley side and along the north and south sides
to approximately 25 feet from the right of way. Portions of an existing chain link
fence will be maintained for security at the rear. Two mature trees located at the
rear of the property will be removed to make way for the addition. The remaining
trees on the site will be maintained.
B. EXISTING CONDITIONS:
There are a mixture of uses in the area including commercial, office, single-family
residential and multi-family. East, North and South of this site are multi-unit
apartment developments. West of the site is the Mid-Town shopping center.
At the intersection of North Pierce Street and West Markham is a retirement
center.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area
property owners. All property owners located within 200 feet of the site, all
residents, who could be identified, located within 300 feet and the Hillcrest
Residents Association were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
North Pierce Street for the frontage of this property must meet commercial
street standards. Dedicate right-of-way to 30 feet from centerline.
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2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
3. All driveways shall be concrete aprons per City ordinance and constructed
per Public Works details PW-33 or PW-34. The current driveway obstructs
the storm water drainage in the gutter.
4. Measures to control additional storm water drainage should be implemented
to not cause damage onto adjacent property from the increased impervious
surface.
5. Plans of all work in right-of-way shall be submitted for approval prior to start of
work. Obtain barricade permit prior to doing any work in the right-of-way from
Traffic Engineering at (501) 379-1805 (Travis Herbner).
6. Storm water detention will not apply to the proposed development.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: Contact Central Arkansas Water if larger and/or
additional water meter(s) are required.
Fire Department: Place and install fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights/Hillcrest Planning
District. The Land Use Plan shows Multi Family for this property. The applicant
has applied for a rezoning from O-3, General Office District to Planned Office
District to allow the existing structure as a residence and an office for the
applicant’s use.
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ITEM NO.: 10 (Cont.) FILE NO.: Z-8387
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The request does not require a change to the Land Use Plan.
Master Street Plan: North Pierce Street is a Local Street. The primary function
of a Local Street is to provide access to adjacent properties. Local Streets,
which are abutted by non-residential zoning/use or more intensive zoning than
duplexes, are considered as “Commercial Streets”. These streets have a design
standard the same as a Collector.
Bicycle Plan: There are no bike routes in the immediate vicinity.
Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood
Plan. Their zoning and land use goal states: ” Adopt a plan of action to stop the
degradation, to reverse its course, and to recreate a neighborhood that is one
again a pleasant place to work and live. This includes no net loss of residential
units by demolition or conversion to other uses.” This rezoning would allow for a
new office use while preserving the single-family use.
Landscape:
1. The zoning buffer ordinance requires a minimum of six foot, nine inch (6’-9”)
wide land use buffer between this site and property to the east. Seventy
percent (70%) of this area is to remain undisturbed.
2. The landscape ordinance requires a six foot nine inch wide (6’-9”) landscape
strip along the northern and southern perimeters of the site. The City
Beautiful Commission must approve any variation to the landscape ordinance
requirements prior to the issuance of a building permit.
3. The property to the east is zoned residential; therefore, a six (6) foot high
opaque screen, either a wooden fence with its face side directed outward, a
wall, or dense evergreen plantings, is required along the eastern perimeter of
the site.
4. The zoning buffer ordinance requires the placement of a street buffer along
North Pierce Street 9.75 feet from the new property line.
G. SUBDIVISION COMMITTEE COMMENT: (August 28, 2008)
Mr. Andrew Hicks was present. Staff presented an overview of the development
stating there were few outstanding technical issues associated with the request.
Staff requested Mr. Hicks provide the proposed building elevation for the new
structure. Staff also questioned if the new eastern most building would be one or
two story. Staff stated the site was located within the Mid-town Design Overlay
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ITEM NO.: 10 (Cont.) FILE NO.: Z-8387
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District. Staff stated the signage typically allowed per the Overlay was a
maximum height of six feet and a total sign area of 24 square feet.
Public Works comments were addressed. Staff stated a right of way dedication
of 30 feet from centerline was required with the proposed development. Staff
also stated all driveways were to be concrete aprons per city ordinance. Staff
stated the current driveway obstructed the storm water drainage in the gutter and
was to be reconstructed to eliminate this impediment. Staff stated all curb and
gutter or sidewalk that was damaged was required to be replaced prior to the
issuance of the certificate of occupancy.
Landscaping comments were addressed. Staff stated the zoning buffer
ordinance required the placement of a land use buffer along the eastern
perimeter a minimum of six feet nine inches. Staff also stated the landscape
ordinance required the placement of a six foot nine inch landscape strip along the
northern and southern perimeters where adjacent to the drive or parking. Staff
stated the current paving along the south extended to the property line. Staff
stated for this to remain, a variance from the City Beautiful Commission was
required.
Staff noted comments from the various other reporting departments and
agencies. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the August 28, 2008, public hearing. The applicant has provided the
proposed building elevation, the proposed signage plan and the right of way
dedication for North Pierce Street. The applicant has also indicated a variance
from the City Beautiful Commission will be sought to allow a variation from the
Landscape Ordinance requirements.
The applicant is proposing utilization of the existing structure as an office and the
addition of 1,800 square feet of living space, a portion of which is to be
constructed over a parking pad. The new residence will be attached at roof level
and will be connected via an unenclosed breezeway.
The revised plan indicates three parking spaces located within the rear yard
area. The office use will utilize 1,100 square feet of the total square footage of
the building. The site is located within the Mid-town Design Overlay District
which addresses parking. The maximum parking allowed per the Overlay is the
minimum established by Article VIII of the Zoning Ordinance. The site would
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typically be required two spaces for the office and one space for the residence.
The parking as proposed is consistent with the typical Overlay standards.
The structure is proposed as two-story with a maximum building height of
35-feet. All site lighting is to be low level and directional, directed downward and
into the site. There will not be a dumpster utilized on the site. The hours of
operation are typical office hours or from 8:00 am to 6:00 pm daily.
The signage is proposed consistent with signage allowed in the Overlay. The
sign is proposed within the front yard landscaped area. The sign will be a
maximum of six feet in height and twenty-four square feet in area.
The proposed building setback along the northern perimeter will match the
existing residence. The rear yard setback is proposed 25 feet from the eastern
property line as established by the Mid-town Design Overlay District ordinance.
The site plan indicates a note concerning fencing. A six-foot wood fence will be
added along the southern and eastern property lines. Screening will be placed
along the northern perimeter as required.
The request includes a variation from the City’s typical buffer ordinance
requirements. Along the southern perimeter, the site is paved to the property
line. This area is the existing drive accessing the rear yard parking area. The
applicant is requesting to maintain this existing paving eliminating the landscape
and buffer strip in this area. Based on the location of the existing home there is
not sufficient area to remove the paving to provide the typical landscape strip of
six feet nine inches required by both the buffer and landscape ordinance and
maintain rear yard access. Staff is supportive of the reduced buffer. The
applicant must seek approval from the City Beautiful Commission to allow the
reduced landscape strip in this area.
Along the northern perimeter the applicant is also requesting a reduction in the
landscape strip. The applicant is proposing to remove the existing paving
adjacent to the proposed parking area and provide a four-foot landscape strip.
The proposed strip is not adequate to meet the typical ordinance standards of the
buffer or landscape ordinance. Staff is supportive of the applicant’s proposal to
allow a reduced buffer in this area. The City Beautiful Commission must approve
a reduction in the typical standard established by the Landscape Ordinance prior
to the Board of Directors acting on this request.
Staff is supportive of the request. The site is located within an area covered by
the Midtown Design Overlay District, which is intended to encourage compatible
residential and non-residential uses. The Overlay primarily deals with new
construction. The site is the utilization of an existing structure with an addition to
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7
the rear of the new structure. The entryway of the existing home will be
reworked to add visual interest along the street side. No other modifications are
proposed within the front yard area. The site is currently zoned O-3, General
Office District which does not allow the residential component. The rezoning to
POD will allow the architectural office to occupy a portion of the space and the
residential component to occupy the remaining square footage. The request
includes the allowance of O-3, General Office District uses as alternative
allowable uses for the property. To staff’s knowledge there are no outstanding
technical issues associated with the request. Staff feels the utilization of this site
with a mixed-use office and residential development will not significantly impact
the development or the area.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the reduction in the buffer ordinance requirements
along the northern and southern perimeters.
Staff recommends the landscape ordinance variances be reviewed by the City
Beautiful Commission prior to the item being forward to the Board of Directors for
final action.
PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff also presented a recommendation of approval for a
reduction in the buffer ordinance requirements along the northern and southern
perimeters. Staff presented a recommendation the landscape ordinance variance
request be reviewed by the City Beautiful Commission prior to the item being forward to
the Board of Directors for final action.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for approval. The motion carried by a
vote of 6 ayes, 0 noes and 5 absent.