pc_02 15 2007_reconvened hearing
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
FEBRUARY 15, 2007
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eight (8) in number.
II. Members Present: Gary Langlais
Chauncey Taylor
Troy Laha
Jerry Meyer
Jeff Yates
Lucas Hargraves
Darrin Williams
Pam Adcock
Members Absent: Mizan Rahman
Fred Allen, Jr.
Robert Stebbins
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 21, 2006 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
FEBRUARY 15, 2007
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-8101 Rezoning from R-3 and O-3 to O-2 and C-3
1311 and 1401 Bishop Street
B. LU06-19-08 A Land Use Plan Amendment in the Chenal Planning
District changing from Single Family, Low Density
Residential and Suburban Office to Mixed Office
Commercial south of State Highway 10 at State
Highway 300.
C. Z-4457-B Verizon Wireless Tower Use Permit
14000 Otter Creek Parkway
D. LU06-19-07 A Land Use Plan Amendment in the Chenal Planning
District from Single Family to Neighborhood Commercial,
either side of Kanis Road east of Denny Road.
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. Z-8154 Whitmore Day Care Family Home – Special Use Permit
9104 Woodford Drive
2. Z-8153 Rezoning from R-2 to C-3
12024 Chicot Road
3. Z-8155 Rezoning from R-2 to C-3
6919/6921 Geyer Springs Road
4. Z-8156 Rezoning from R-2 to I-2 and M
Southeast and southwest corners of Arch Street and
West 65th Street
5. Z-8157 Rezoning from R-2 and O-1 to I-2
East 9th Street at Carson Street
Agenda, Page Two
Item Number:
File Number:
Title
6. LU07-09-01 A Land Use Plan Amendment in the I-630 Planning
District south of West 29th Street and west of Peyton
Street from Multifamily to Commercial.
6.1 Z-8163 Rezoning from R-3 to C-3
4403 West 29th Street
7. Z-3879-B Chicot Elementary School – Revised Conditional
Use Permit
11,100 Chicot Road
8. Z-4740-A Bethel Freewill Baptist Church – Revised Conditional
Use Permit
12,611 Chicot Road
9. Z-6814-D Otter Creek Elementary School – Revised Conditional
Use Permit
16,000 Otter Creek Parkway
10. Z-7310-A Pilgrim Rest Baptist Church – Conditional Use Permit
3801 Springer Blvd.
11. Z-8164 Korean Disciple Church of Arkansas – Conditional
Use Permit
600 Kirby Drive
12. Z-8165 West Little Rock School – Conditional Use Permit
Southeast side of Rahling Road; south of Pebble Beach
13. Z-6828-B Hilton Garden Inn – Conditional Use Permit Time
Extension
Peachtree and Centerview
14. Revision of the Midtown Overlay, changes and additions to the required
design standards for the district.
February 15, 2007
ITEM NO.: A FILE NO.: Z-8101
Owner: William and Ron Woods
Applicant: Ron Woods
Location: 1311 and 1401 Bishop Street
Area: 0.48 Acre and 0.16 Acre
Request: Rezone from O-3 to C-3 and R-3 to O-2
Purpose: Future Development
Existing Use: Single family residential structures
SURROUNDING LAND USE AND ZONING
North – Arkansas Children’s Hospital uses; zoned O-3 and O-2
South – Single family residences; zoned R-3 and R-4
East – Undeveloped property and commercial uses; zoned C-3
West – Undeveloped property and single family residential structures;
zoned O-2, POD and R-3
A. PUBLIC WORKS COMMENTS:
1. A 20 foot radial dedication of right-of-way is required at the intersection
of S. Bishop Street and West 14th Street.
2. A 20 foot radial dedication of right-of-way at the intersection of alley
and 14th Street.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Bus Route #11 (M. L. King
Route) runs along Martin Luther King Drive to the east.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Central High and
Downtown Neighborhood Associations were notified of the public hearing.
February 15, 2007
ITEM NO: A (Cont.) FILE NO.: Z-8101
2
D. LAND USE ELEMENT:
This request is located in the Central City Planning District. The Land Use
Plan shows Single Family and Mixed Use for this property. The applicant
has applied for a rezoning from O-3 General Office District to C-3 General
Commercial District and from R-3 Single Family District to O-2 Office
Institutional District.
A land use plan amendment for a change to Office and Neighborhood
Commercial is a separate item on this agenda.
Master Street Plan:
Bishop Street is shown as a Local Street on the Master Street Plan. The
primary function of a Local Street is to provide access to adjacent
properties. Local Streets which area 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.
Daisy Gaston Bates Drive is shown as a Collector on the Master Street
Plan. The primary function of a Collector Street is to provide a connection
from Local Streets to Arterials. These streets may require dedication of
right-of-way and may require street improvements.
Bicycle Plan:
A Class II route is shown along Daisy Gaston Bates Drive. A Class II
bikeway is located on the street as either a 5’ shoulder or six foot marked
bike lane. Additional paving and right-of-way may be required.
City Recognized Neighborhood Action Plan:
The area is not covered by a city recognized Neighborhood Action Plan.
E. STAFF ANALYSIS:
William and Ron Woods, owners of the 0.48 acre property at the northeast
corner of Bishop Street and Daisy Bates Drive and the 0.16 acre property at
the southeast corner of the same intersection, are requesting to rezone the
properties from O-3 to C-3 and R-3 to O-2 respectively. The rezoning is
proposed for future development. The property at the northeast corner of
Bishop Street and Daisy Bates Drive is comprised of three (3) platted lots
(Lots 4-6, Block 12, Centennial Addition). The property at the southeast
corner of the intersection is one (1) platted lot.
The property at the northeast corner of Bishop Street and Daisy Bates Drive
is occupied by three (3) single family residential structures. The lot at the
February 15, 2007
ITEM NO: A (Cont.) FILE NO.: Z-8101
3
southeast corner is occupied by a brick and stucco single family residence.
There are platted alley rights-of-way along the east side of both properties.
There is a mixture of uses and zoning in this general area. Arkansas
Children’s Hospital property is located immediately north and west of the
larger property. There is undeveloped C-3 zoned property and various
commercial uses to the east. Single family residential structures and vacant
lots are located to the south and southwest.
The City’s Future Land Use Plan designates the property at the northeast
corner of Bishop Street and Daisy Bates Drive as Mixed Use (MX). The lot
at the southeast corner of the intersection is shown as Single Family (SF).
A Land Use Plan amendment for changes from MX to Neighborhood
Commercial and SF to Office is a separate item on this agenda (LU06-08-
04).
Staff is not supportive of the requested C-3 and O-2 rezoning. The property
at the northeast corner of Bishop Street and Daisy Bates Drive is shown on
MX on the Future Land Use Plan. The MX designation requires a Planned
Zoning Development (PZD) for any non-residential development of the
property, which includes site plan review. Staff believes that site plan
review for this property is very important. The property immediately to the
west is zoned O-2 and recently received site plan review approval for an
Arkansas Children’s Hospital facility. Additionally, this property is along the
main entry drive to the Central High School area. Staff feels that building
design, building setbacks, parking design and orientation and other various
site plan criteria should be addressed by the Commission with development
of this property.
With respect to the lot at the southeast corner of Bishop Street and Daisy
Bates Drive, staff believes the zoning should remain single family
residential. With the exception of the POD zoning immediately west, the
properties south of Daisy Bates Drive and west of the C-3 zoned property at
the southwest corner of M. L. King Drive and Daisy Bates Drive contain
single family/two-family residences and are zoned R-3 and R-4. There are
also a number of vacant lots in this area. Staff believes that new home
construction could take place in this area in the near future, with renewed
interest in the Central High area of Little Rock.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 and O-2 rezonings.
February 15, 2007
ITEM NO: A (Cont.) FILE NO.: Z-8101
4
PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006)
Staff informed the Commission that the applicant submitted a letter on
September 26, 2006 requesting the application be deferred to the November 9,
2006 Agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their
bylaws and accept the deferral request being less than five (5) days prior to the
public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the November 9, 2006 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
Staff informed the Commission that the applicant contacted staff on November 1,
2006 requesting the application be deferred to the December 21, 2006 Agenda.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 21, 2006 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Staff informed the Commission that the applicant submitted a letter on
December 12, 2006 requesting the application be deferred to the February 1,
2007 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 1, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
Staff informed the Commission that the applicant requested the application be
deferred to the March 15, 2007 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
February 15, 2007
ITEM NO.: B FILE NO.: LU06-19-08
Name: Land Use Plan Amendment - Chenal Planning District
Location: South of Cantrell Road, east of Joe T. Robinson school
Request: Low Density Residential, Suburban Office, and Single Family to Mixed
Office Commercial
Source: Tim Daters, White-Daters & Associates, Inc.
PROPOSAL / REQUEST:
The applicant has requested that this item be deferred to the December 21, 2006
agenda. Staff is supportive of this request.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
The item was placed on the consent agenda for deferral at the request of the applicant
to December 21, 2006. By a vote of 9 for, 0 against (Rahman, Allen absent) the
consent agenda was approved.
STAFF UPDATE:
The applicant has requested this item be deferred to the February 1, 2007 hearing to
give staff more time for review. Staff is supportive of the request.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The item was placed on consent agenda for deferral to February 1, 2007. By a vote of
11 for, 0 against the consent agenda was approved.
STAFF UPDATE:
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Low Density
Residential, Suburban Office, and Single Family to Mixed Office Commercial (MOC).
Mixed Office Commercial provides for a mixture of office and commercial uses to occur.
A Planned Zoning District is required in MOC. There is not a specific use proposed.
February 15, 2007
ITEM NO.: B (Cont.) FILE NO.: LU06-19-08
2
Staff is not expanding the application since the Land Use Plan in this area was reviewed
within eighteen months ago.
EXISTING LAND USE AND ZONING:
The property is rural and adjacent but outside of the city limits. It is currently zoned R-2
Residential and is 15.16 acres ± in size. To the north, south and west is all zoned R-2
Residential. To the west of this site is zoned R-2 with a Conditional Use Permit for the
Joe T. Robinson Middle School and High School. To the south is zoned R-2 for several
Chenal subdivisions. North of this site is zoned R-2 for future development and a
Conditional Use Permit for Winfield United Methodist Church. To the east is C-1
Commercial zoning and R-2, but the land is currently occupied by several manufactured
homes. Further east is the intersection of Cantrell Road and Chenal Parkway. This
whole intersection is zoned C-3 General Commercial. This intersection has been
partially developed with a gas station, a storage facility, and a Wal-Mart center. The
southwest corner of this intersection is still vacant and undeveloped. There is a
Planned Development—Office on the north side of Cantrell about half a mile west of the
application area. This PDO is for Gillum Photography Studio. There is also some O-2
and O-3 zoned land to the north and south of the Chenal/Cantrell intersection, and this
land is all undeveloped.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment area is currently shown as Single Family on the southern portion, Low
Density Residential on the western portion, and Suburban Office on the eastern portion.
To the west of the amendment area is planned Public Institutional, to the north of the
site is planned Single Family and Suburban Office, and to the east of the site is planned
Suburban Office. South and southeast of this area is more Single Family. There is also
a large Commercial node to the east of this area at the Chenal/Cantrell intersection with
some Office and Multi Family.
Ordinance 19577 on August 15, 2006 amended the area at the southeast corner of
Chenal Parkway and Arkansas Systems Drive from Office to Mixed Office Commercial.
This was to allow for the development of a bank and a three-story building with 31
percent commercial.
Ordinance 19581 on August 15, 2006 amended the area at the northwest corner of
Rahling Road and Chenal Valley Drive from Office to Mixed Use for future Planned
District development at this location.
Ordinance 19584 on August 15, 2006 amended the area at the southwest corner of
Rahling Road and Champlin Drive from Mixed Use to Neighborhood Commercial to
February 15, 2007
ITEM NO.: B (Cont.) FILE NO.: LU06-19-08
3
more accurately represent the zoning and allow future Planned District development for
this area.
Ordinance 19559 on June 27, 2006 amended the area on either side of Wellington Hills
Boulevard, east of Kirk Road from Office, Neighborhood Commercial and Low Density
Residential to Mixed Office Commercial to allow for future Planned District development
in this area.
Ordinance 19448 on December 5, 2005 at the intersection of Morgan Cemetery Road
and Cantrell was changed from Single Family to Transition to accommodate a proposed
development.
Ordinance 19292 on April 5, 2005 changed multiple areas in this region. This current
application site was changed from Public Institutional to Single Family and Low Density
Residential. At the intersection of Highway 300 and Cantrell, an area was changed
from Public Institutional, Neighborhood Commercial, and Single Family to Suburban
Office under this ordinance. On Chenonceau, an area was changed from Mixed Office
Commercial to Commercial. On Ranch Boulevard, one area was changed from Single
Family to Public Institutional and another area was changed from Mixed Office
Commercial to Commercial. The property at 5800 Ranch Drive was changed from
Mixed Office Commercial to Office. At the northeast corner of Katillus and Cantrell an
area was changed from Transition to Suburban Office. Further south on Katillus was
changed from Transition to Single Family. All four corners at the intersection of Chenal
and Cantrell were changed from Park/Open Space strips along the road to Commercial.
South of Cantrell on Chenal was changed from Park/Open Space to Single Family. At
the northeast corner of the intersection of Highway 300 and Cantrell a change was
made from Single Family to Office. These amendments were part of a review of the
Highway 10/Cantrell Corridor as requested by the Little Rock Board of Directors to
better reflect the future development pattern along Highway 10.
Ordinance 19097 on May 18, 2004 on the south side of Cantrell Road between
Chenonceau and west of the Chevaux residential subdivision was amended from Single
Family to Office for future development.
Ordinance 19053 on February 17, 2004 at the intersection of Chenal and Cantrell and
the surrounding areas made multiple changes. Most of the changes were to promote
this intersection for future commercial uses.
Ordinance 19042 on January 20, 2004 a change was made from Single Family to
Commercial west of Norton Road and north of Cantrell road to accommodate for more
commercial uses at the intersection of Chenal Parkway and Cantrell.
February 15, 2007
ITEM NO.: B (Cont.) FILE NO.: LU06-19-08
4
Ordinance 19039 on January 20, 2004 amended the Office at the southwest corner of
Rahling Road and Champlin and on the south side of Rahling Road approximately three
hundred feet east of Champlin to Mixed Use for future development.
Ordinance 18887 on June 17, 2003 amended multiple areas in the Chenal District. A
portion of the Office on the south side of Rahling Road at the intersection of Chenal
Valley Drive was changed to Multi Family. A portion of the Single Family and Multi
Family on the east side of the extension of Wellington Hills Road was changed to Low
Density Residential. The Single Family on the west side of Champlin Road/Wellington
Hills Road was amended to Multi Family. These changes were made for future multi
family developments and to recognize existing zoning.
Ordinance 18678 on June 4, 2002 amended the Single Family on the south side of
Cantrell Road on both sides of Drew Lane for approximately 400 feet west and
eastward to the Park/Open Space area to Suburban Office. The amendment was made
to allow for a new office development in this area.
Ordinance 18627 on January 2, 2002 amended the Single Family north and east of the
Northfield Road and Chenal Parkway to Commercial. The Single Family south and east
of the Northfield Road and Chenal Parkway up to and including the first electrical
transmission line easement was changed to Suburban Office. Also, the Single Family
along Chenal Parkway east of the before mentioned area and west of Aberdeen
Subdivision was amended to Park/Open Space. These changes were made to allow for
more future Office and Commercial development.
Ordinance 18561 on September 18, 2001 amended multiple areas in the Chenal
District. The Commercial on the southwest corner of the north intersection of Chenal
Valley Drive and Chenal Parkway was amended to Single Family. The Low Density
Residential and Public Institutional south of Taylor Loop Road and west of Hinson Road
was amended to Single Family. The Single Family at the northeast corner of Chenal
Valley Drive and Rahling Road was amended to Neighborhood Commercial and Office.
These changes were made because a developer wanted to expand a Single Family
Residential development.
Ordinance 18457 on April 17, 2001 at the southwest corner of Rahling Road and
Chenal Parkway was amended from Multi Family, Park/Open Space, Single Family and
Community Shopping to Community Shopping. These changes were made to return
the Land Use Plan to match the zoning after a PCD was revoked for this area.
MASTER STREET PLAN:
Cantrell Road is shown as a Principal Arterial on the plan. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic generators or
activity centers within urbanized areas. This street may require dedication of right-of-
February 15, 2007
ITEM NO.: B (Cont.) FILE NO.: LU06-19-08
5
way and may require street improvements. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Cantrell Road since it is a
Principal Arterial.
BICYCLE PLAN:
A Class II bike route is planned for Cantrell Road according to the Master Street Plan.
A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike
lane. Additional paving and right of way may be required.
PARKS:
According to the Master Parks Plan, this area is within eight blocks of a park or an open
space. The Joe T. Robinson Middle and High Schools are both adjacent to the
amendment property. The Master Parks Plan included all schools as part of their
buffering process to determine whether property is within eight blocks of a park. To the
south of this site is a Duquesne Place Property Owner’s Association Park, and to the
north of Highway 10 there are the Joe T. Robinson Elementary School recreation areas.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little Rock
recognized neighborhood action plan.
ANALYSIS:
The application area is just outside of Little Rock’s city limits. This site has been home
to the Joe T. Robinson School’s gymnasium and ballparks for many years. The vicinity
has been rural with single-family residences scattered along Highway 10 for many
years. Now, this area is very close to the growing subdivisions of western Little Rock
including the neighborhoods of Chenal Valley. The new residences have prompted
development in the form of churches and a new Wal-Mart. The major intersection of
Chenal Parkway and Cantrell Road has also experienced change in the past ten years.
Along with a Wal-Mart Super Center, this intersection now has a gas station, mini
storage facilities, and multi-family housing. While the Chenal/Cantrell intersection used
to be considered far from the City of Little Rock, the city limits have expanded west far
enough that this area now is within the current city limits.
Staff recently reviewed this general area (in 2005). As a result of that study, several
areas along Cantrell Road from east of Taylor Loop to the Joe T Robinson Schools,
February 15, 2007
ITEM NO.: B (Cont.) FILE NO.: LU06-19-08
6
including the current application area, were amended under Ordinance 19292. This
review and the City’s current policy is to maintain the ‘Node’ concept along Highway 10
(Cantrell Road), with commercial nodes at arterial-arterial intersections. The area is still
in the early stages of urban-suburban development with many areas undeveloped.
The applicant in support of the application provided Staff with a resolution from the
County School District support the future commercial use of the site in question. In
addition, the applicant has stated the due to the costs of site ‘clean-up’ from the
pervious public-quasi public use the site must be developed at a more intense use
(commercial).
The City of Little Rock’s Future Land Use Plan is designed to meet all of the needs of
an area’s residents: commercial, residential, recreational, etc. The Commercial, Office,
and other non-residential areas that are planned for the Chenal/Cantrell intersection
have been in place for many years in anticipation of new residential developments in
this area. The most recent review was completed in mid-2005, as part of a review of
the Highway 10/Cantrell Corridor requested by the Little Rock Board of Directors. The
application site had been shown for Public Institutional, and was changed to the current
Suburban Office, Low Density Residential, and Single Family as part of the review.
Also at this intersection a small Neighborhood Commercial area was changed to
Suburban Office since the intersection had been down graded to a Collector-Arterial
intersection an a large amount of Commercial and Office had been added to the Chenal
– Cantrell intersection a few years prior.
The former use of the application property was of a Public Institutional nature. A low
intensity institutional use would be seen as similar to the former use. This area is
immediately adjacent to a Single Family subdivision, and that needs to be taken into
consideration where this property is concerned. The Low Density Residential, which is
currently proposed on the plan for this area, would provide alternate housing options
and a good neighbor to the existing uses to the west and south.
There are various locations near the application area that are already zoned and
planned for office or commercial uses. The intersection of Chenal Parkway and Cantrell
Road is half a mile east of this application area. This is the major intersection with a
large area of Commercial use shown and currently zoned. There is a new Wal-Mart
Super Center at the intersection, but the rest of the Commercial at this location is vacant
and undeveloped. There is currently vacant undeveloped land zoned and planned for
Office at the intersection of Highway 300 and Chenal Parkway. An additional vacant
Office land located south of the Cantrell/Chenal intersection.
While there have been hundreds of permits issued for single family additions in the past
few years, very few have come through for office or commercial permits in this census
tract. Since 2002 there have only been five permits issued for office buildings within this
census tract and most were issued for banks. Since 2002 there have only been five
February 15, 2007
ITEM NO.: B (Cont.) FILE NO.: LU06-19-08
7
permits issued for commercial buildings in this census tract. Most of these permits were
for development at the Chenal/Cantrell Road intersection. Because there is still a large
amount of undeveloped Office and Commercial land available in the area, supply
appears to be adequate to meet the area’s needs in the coming years. The available
parcels of land as mentioned above are all focused around the intersection of Chenal
Parkway and Cantrell Road. This is an example of a node of development along
Cantrell Road and for the Land Use Plan done for Chenal Properties in the 1980s for
the areas to the south and southeast. As Cantrell has developed, the City has tried to
maintain the Node concept as the development pattern. The most intensive uses are
generally focused at major intersections such as the one at Chenal and Cantrell.
NEIGHBORHOOD COMMENTS:
Notice was sent to the following neighborhood association: Duquesne Place POA.
Staff has received no comments from area residents at this time.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. The information provided to support the
application does not show an increase in need to justify an intensification of use at this
time based on the conditions.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was not present, therefore the Commission moved to defer the item to
March 15, 2007. By a vote of 8 for, 0 against and 3 absent the item was deferred.
February 15, 2007
ITEM NO.: C FILE NO.: Z-4457-B
NAME: Verizon Wireless – Tower Use Permit
LOCATION: 14000 Otter Creek Parkway
OWNER/APPLICANT: Otter Creek Homeowner’s Association/
Bracewell-Giuliani
PROPOSAL: A tower use permit is requested to allow for
construction of a wireless communication facility with
a 150 foot tall support structure on this R-2 zoned,
40’ X 40’ tract.
1. SITE LOCATION:
The proposed tower site is located at the rear of the Otter Creek
Homeowners’ Association property, between the tennis courts and
Calleghan Branch.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The tower site is relatively hidden at the rear of the association property.
The property drops off from the tennis courts down to the level where the
tower is to be located. The tower is to be located adjacent to a
maintenance building. There are many mature trees around the tower
site, which will help to reduce the visual impact of the tower. It is 150±
feet from the base of the tower site to the rear property line of the
residences to the east and 300+ feet to the new subdivision developing
across Calleghan Branch to the north. Staff believes the tower site could
be made more compatible with the neighborhood by utilizing stealth
design and by planting fast-growing evergreen trees and shrubs around
portions of the site.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Otter Creek, Crystal Valley
and SWLR United for Progress Neighborhood Associations were notified
of this request.
3. ON SITE DRIVES AND PARKING:
Access to the site is from an existing, gravel service drive off of Otter
Creek Parkway. The driveway parallels the creek and extends to the
maintenance building. There is adequate parking on the site to
accommodate the occasional maintenance person who will visit the site.
February 15, 2007
ITEM NO.: C (Cont.) FILE NO.: Z-4457-B
2
4. SCREENING AND BUFFERS:
A variance is requested from the WCF landscape requirements, which are
as follows:
(1) All existing and new WCF shall be screened and landscaped as
follows:
a. All WCF subject to this section shall contain a permanent six-
foot landscape strip parallel with all sides of the primary use
area and outside of the opaque fence but within the lease area,
except for a space for ingress and egress to the primary use
area.
b. An eight-foot opaque fence shall be constructed, finished side
facing outward, around the primary use area to provide
screening and a background for required landscaping within the
six-foot landscape strip.
c. The opaque fence shall also satisfy the security fence
requirement of subsection (f).
d. The landscape strip on each side of the primary use area shall
be planted with two (2) trees of a two-inch caliper which will
grow to a spacing fifteen (15) feet which will grow to a minimum
twenty (20) feet in height at maturity. Each landscape strip shall
also be planted with evergreen shrubs of thirty (30) inches
height at planting, with a maximum spacing of forty-eight (48)
inches on center and which will grow to a minimum height of
sixty (60) inches at maturity.
(2) Existing mature trees shall be retained within the six-foot landscape
strip and all leased or owned areas outside the primary use area
except for reasonable ingress and egress.
(3) Existing vegetation within a WCF site may be used in lieu of required
landscaping when approved by the Planning Commission for TUP
applications or by staff in other WCF applications.
(4) The permanent six-foot landscape strip required by this section shall
be maintained in such a manner as to assure that vegetation grows to
mature height. Any planting within the strip shall be replaced if dead or
diseased. Replacement vegetation shall be the minimum number, type
and size required in this section.
February 15, 2007
ITEM NO.: C (Cont.) FILE NO.: Z-4457-B
3
5. PUBLIC WORKS COMMENTS:
1. The proposed location appears to be in the 100-year floodplain.
Provide survey showing the site in relation to the floodplain and
floodway delineations.
2. If site is in the floodplain, 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. Site grading, and drainage plans will need to be
submitted and approved prior to the start of construction.
3. If site is in the floodplain, a special Grading Permit for Flood Hazard
Areas will be required per Sec. 8-283 prior to construction.
4. If the site is in the floodplain, the finished floor of the building and
mechanical equipment must be constructed 1 foot above the base
flood elevation. The minimum finish floor elevation is required to be
shown on plat and grading plans.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main in close proximity to site. Contact Little Rock
Waste Water Utility prior to construction.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
AT&T (SBC): No Comments received.
Water: No objection.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (OCTOBER 19, 2006)
The applicant was present. Staff presented the item and noted there was little
additional information needed. Staff asked the applicant to clarify what type of
fencing was proposed on the perimeters of the site. Staff also noted the tower
February 15, 2007
ITEM NO.: C (Cont.) FILE NO.: Z-4457-B
4
would have to be designed to accommodate 2 more carriers. Staff noted the
requested variances for tower setbacks and perimeter screening and
landscaping. Public Works staff requested a survey showing the site in relation
to the floodplain and floodway. Utility and other agency comments were noted.
The applicant was advised to respond to staff issues by October 25, 2006. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Verizon Wireless is requesting approval of a Tower Use Permit to allow for
construction of a Wireless Communication Facility (WCF) consisting of a 150 foot
tall support structure (tower) and associated ground equipment within a 40 foot
by 40 foot parcel located at 14000 Otter Creek Parkway. The WCF is located
near the rear of the Homeowner’s Association property, between the tennis
courts and Callaghan Branch. The WCF is to be located adjacent to a
maintenance building. Several mature trees surround the site. From staff’s
inspection of the site, it appears only one or two smaller trees may need to be
removed to accommodate the WCF.
A tower use permit is necessary because there are variances associated with the
proposed WCF. The 40 foot by 40 foot lease area was actually deeded to the
Homeowners’ Association by Otter Creek Land Company under a separate deed.
The leased tract is zoned R-2 as is the surrounding property. Technically, the
150 foot tall tower should sit at least 150 feet away from the property line of the
abutting residentially zoned property. This is impossible since the tract measures
only 40’ X 40’. The tower is actually located 150± feet away from the
residentially occupied property adjacent to the west and 300+ feet from the
residential subdivision being developed to the north.
Because of the site’s location on a wooded area and due to security concerns,
the applicant is proposing to enclose the compound with a chain-link security
fence rather than a solid screening fence and to not install the ordinance dictated
landscaping. The applicant is willing to install screening shrubs on the west and
south perimeters of the site to help screen the compound. The typical landscape
and screening requirements for a WCF are as follow:
(1) All existing and new WCF shall be screened and landscaped as follows:
a. All WCF subject to this section shall contain a permanent six-foot
landscape strip parallel with all sides of the primary use area and outside
of the opaque fence but within the lease area, except for a space for
ingress and egress to the primary use area.
February 15, 2007
ITEM NO.: C (Cont.) FILE NO.: Z-4457-B
5
b. An eight-foot opaque fence shall be constructed, finished side facing
outward, around the primary use area to provide screening and a
background for required landscaping within the six-foot landscape strip.
c. The opaque fence shall also satisfy the security fence requirement of
subsection (f).
d. The landscape strip on each side of the primary use area shall be planted
with two (2) trees of a two-inch caliper which will grow to a spacing of
fifteen (15) feet which will grow to a minimum twenty (20) feet in height at
maturity. Each landscape strip shall also be planted with evergreen
shrubs of thirty (30) inches height at planting, with a maximum spacing of
forty-eight (48) inches on center and which will grow to a minimum height
of sixty (60) inches at maturity.
(2) Existing mature trees shall be retained within the six-foot landscape strip and
all leased or owned areas outside the primary use area except for reasonable
ingress and egress.
(3) Existing vegetation within a WCF site may be used in lieu of required
landscaping when approved by the Planning Commission for TUP
applications or by staff in other WCF applications.
(4) The permanent six-foot landscape strip required by this section shall be
maintained in such a manner as to assure that vegetation grows to mature
height. Any planting within the strip shall be replaced if dead or diseased.
Replacement vegetation shall be the minimum number, type and size
required in this section.
Staff is supportive of the requested TUP. Staff believes there are additional
conditions and modifications that should be applied to help lessen the visual
impact of the WCF.
The tower should be designed in “flagpole” style where the antennae array does
not extend cut beyond the body of the tower. Fast growing evergreen trees and
shrubs should be planted along the west, south and north perimeters of the WCF
site to help provide some degree of year-round screening. It is important to
protect and preserve as many of the mature trees around the site as possible.
Prior to removal of any trees, those to be removed should be marked and
confirmed by staff. The applicant should plant additional trees in the immediate
vicinity, beyond those required for screening, to replace any trees to be removed.
With these additional conditions, staff can support the TUP. To staff’s
knowledge, there are no outstanding issues. There is no bill of assurance issue
specifically pertinent to the WCF. The applicant submitted an updated survey
showing the WCF to be located out of the floodplain.
February 15, 2007
ITEM NO.: C (Cont.) FILE NO.: Z-4457-B
6
The tower is 150 feet tall, which complies with the Ordinance height limit. The
lightning rod extends another 10 feet, which is permitted under the definition of
WCF height.
Section 36-593(c)(6) of the Code establishes the criteria for the Planning
Commission to grant a deferral of the landscaping and screening requirements
for a WCF and states the Commission may modify the deferral or impose the
requirements if, in the future, a major change in circumstances occurs. A “major
change in circumstances” means:
1. The area within two hundred (200) feet of the boundaries of the WCF
tower site has developed to the point that there is a virtually
unobstructed view of the tower site from any adjoining occupiable
residential structure or from public property or right-of-way, and
2. The City has received a complaint from the owner of an occupiable
structure located within two hundred (200) feet of the tower site that
the site has insufficient landscaping or screening in place; and
3. The City has requested that the parties resolve the issue by agreeing
to certain screening or landscaping requirements consistent with
section 36-593 which be can be granted administratively by the
director of planning and development, but no agreement has been
reached, or sufficient additional space around the site has been
acquired to meet the landscaping, setback and screening requirements
of Section 36-593.
STAFF RECOMMENDATION:
Staff recommends approval of the requested TUP subject to compliance with the
following conditions:
1. Compliance with the comments and conditions in Sections 5 and 6 of the
agenda staff report.
2. Fast growing, evergreen trees and shrubs must be planted along the north,
south and west perimeters of the WCF site.
3. Prior to the removal of any trees, those to be removed must be marked and
confirmed by staff. Additional trees should be planted in the immediate
vicinity around the WCF site, beyond those required for screening, to replace
any trees that may be removed.
4. The support structure (tower) must be constructed in flagpole (stealth) style.
5. The support structure (tower) and lease area must be designed to
accommodate at least two additional carriers.
February 15, 2007
ITEM NO.: C (Cont.) FILE NO.: Z-4457-B
7
Staff recommends approval of the requested setback variance and a deferral of
the screening and landscaping provisions until a “major change in circumstance”
as defined by Section 36-593(c)(6).
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
The applicant was not present. There were no objectors present. Several letters
and e-mails of opposition had been received by staff. Staff informed the
Commission that, on November 7, 2006, the applicant had requested deferral of
the item to the February 1, 2007 meeting to allow for further meetings with the
neighborhood.
A motion was made to waive the bylaws to accept the late deferral request. The
motion was approved by a vote of 9 ayes, 0 noes and 2 absent. The item was
then placed on the Consent Agenda and approved for deferral to the February 1,
2007 Agenda with a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
On January 9, 2007, the applicant requested that this item be withdrawn. Staff
recommends approval of the withdrawal request.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested withdrawal of the item. There
was no further discussion. The item was placed on the consent agenda and
approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent.
February 15, 2007
ITEM NO.: D FILE NO.: LU06-19-07
Name: Land Use Plan Amendment - Chenal Planning District
Location: Either side of Kanis Rd, from Chenal Pkwy to Denny Road
Request: Single Family, Multifamily, Public Institutional & Neighborhood
Commercial to Single Family, Low Density Residential, Multifamily,
Suburban Office, Neighborhood Commercial and Commercial
Source: Staff
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Single Family,
Multifamily, Public Institutional & Neighborhood Commercial to Single Family,
Low Density Residential, Suburban Office, Neighborhood Commercial and
Commercial. Single Family provides for single-family homes at densities not to
exceed six units per acre. Low Density Residential accommodates a range of
housing types including single-family attached and detached, duplex,
townhomes, patio or garden homes and multifamily or a combination provided
the overall density is between six and ten dwelling units per acre. Suburban
Office provides for low intensity development of office or office parks in close
proximity of lower density residential areas to assure compatibility.
Neighborhood Commercial is limited to small-scale commercial development in
close proximity to a neighborhood, providing goods and services to that
neighborhood market. Commercial is a broad range of retail and wholesale sales
of products, personal and professional services, and general business activities.
This package of changes was generated as a result of a City Board of Director’s
instruction to review the Land Use Plan in the Kanis Road corridor from Chenal
Parkway to Stewart Road.
EXISTING LAND USE AND ZONING:
The properties involved in the amendment are mostly vacant either wooded or
pasture land. There are three businesses on the properties as well as two
homes. Of the approximately 78 acres included in the changes approximately 14
acres is zoned commercial (9.5 ‘C-1’ Neighborhood Commercial and 4.5 ‘C-3’
General Commercial); 6 acres is zoned office (‘O-2’ Office and Institutional); 19
acres multifamily (‘MF-24’ Multifamily District 24 units per acre) and 39 acres of
single-family (‘R-2’ Single Family). Northwest are single-family subdivisions and
the Chenal Country Club, most of this area is zoned ‘R-2” Single Family. To the
west and south are single-family homes generally in subdivisions of 5 to 10 acres
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
2
lots. The land is generally zoned ‘R-2’. Northeast of the area is zoned ‘C-2’
Shopping Center, ‘MF-24’ and ‘MF-18’ Multifamily zoning, ‘O-2’ Office and
Institutional. The closest tracts are wooded, however further to the northeast is
developed with office buildings, and commercial centers. To the east is ‘C-3’
General Commercial and ‘PCD’ Planned Commercial District. This land is
currently wooded or former pastureland. Further to the east along Chenal
Parkway are car dealerships; a shopping center and small commercial buildings
also zoned Planned Commercial District or ‘C-3’.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
August 15, 2006, Three Land Use Plan amendment packages were approved.
These amendments changed Single Family, Low Density Residential,
Multifamily, Mixed Use, Neighborhood Commercial and Office areas to Single
Family, Mixed Use, Office Neighborhood Commercial, Commercial and Mixed
Office/Commercial. The changes were in areas to the north and northeast of this
proposed amendment package continuing along Rahling Road. The changes
were made to allow for future development and some were related to
reclassifications of the land.
June 27, 2006 a change was made from Office, Neighborhood Commercial and
Low Density Residential to Mixed Office Commercial approximately a mile to the
northeast of this amendment package east of Kirk Road and north of Chenal
Parkway. The changes resulted from a Planned Commercial reclassification to
allow for future development.
May 18, 2004, a change from Single Family to Office, south of Cantrell Road
between Chenonceau and Chevaux, over two miles to the north of the site. This
change was made related to a Planned Office reclassification to allow for future
redevelopment of the land.
January 20, 2004, a change from Office to Mixed Use south of Rahling Road
either side of Champlin Drive, over a mile to the northeast of the application area.
This change was made to allow for future development of the land (no
reclassification was included).
June 17, 2003, changes from Office, Multifamily and Single Family to Multifamily
and Low Density Residential south of Chenal Parkway around Rahling Road,
north of the application area. These changes were made to reflect new zoning in
the area for future development.
June 4, 2002, a change from Single Family to Suburban Office south of Cantrell
Road either side of Drew, over two miles to the north of the site. This change
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
3
was made related to a Planned Office District reclassification to allow for future
redevelopment of the land.
The Land Use Plan in this area generally reflects the existing land use with only
minor changes. This is common for the areas outside the city limits. The Plan
shows a small amount of Commercial use at the proposed intersection of Kanis
Road with the ‘West Loop’. Multifamily is shown as a transition from this
Commercial to the Single Family surrounding. A large Public Institutional use
area is shown to the north of this use grouping. The proposal had been for a
hospital or school complex at this site. A second Public Institutional use area is
shown along Kanis just east of Rock Creek. This too was to have been a school
site. A small area of Neighborhood Commercial is also shown at the Stewart-
Kanis-Denny Roads intersection. To the south, west and northwest is shown for
Single Family. To the northeast across Rock Creek is generally shown for
intense development Commercial and Office with some Multifamily.
MASTER STREET PLAN:
Kanis Road, Denny Road, Stewart Road, and the Proposed West Loop (Rahling-
Edswood) are shown as Arterials on the plan. The primary purpose of an
Arterial is to move vehicles and goods in and through the area. Direct access to
these roads should be limited if provided at all. These roads are not currently
built to standard, additional right-of-way and pavement are likely to be required
with future developments.
BICYCLE PLAN:
A Class I Route is shown along Kanis Road, east of the West Loop and along the
West Loop. Class I routes have a separate paved area from the motorized traffic
and may parallel the street. If included with the sidewalk, the resulting pathway
must be wide enough for both uses on both sides of the roadway. A Class II
route is shown along Kanis Road, west of the West Loop. A Class II bikeway is
located on the street as either a 5-foot shoulder or six foot marked bike lane.
Additional paving and right of way may be required.
PARKS:
The Little Rock Parks and Recreation Master Plan indicates that most of the area
included in this amendment is within 8-blocks of a public or private outdoor
recreation area. It should be noted that there is a portion, which does not meet
this standard. Additional recreational and outdoor space opportunities in this
general area should be pursued based on the Plan.
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
4
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The initiative to review the Land Use Plan along Kanis Road from Chenal
Parkway to Stewart Road was at the request of the Little Rock Board of
Directors. This was made as the result of a Land Use Plan amendment just west
of Chenal Parkway on the north side of Kanis Road to Commercial from
Multifamily. Staff had been opposed to this change in part due to a concern it
could lead to further commercial requests along Kanis, making Kanis lined with
commercial from Chenal Parkway to at least the alignment of the proposed West
Loop. The Board of Directors recognized that even though they felt the
requested change should be made that Staff’s concerns should be addressed.
As a result, Staff was instructed to work with the Little Rock Planning
Commission to develop a revised Plan to address Staff’s concern about further
commercialization of Kanis Road.
Staff developed several options and presented these to the Plans Committee of
the Little Rock Planning Commission. Two options were developed to present to
the full Planning Commission. This was done at an Informal meeting of the Little
Rock Planning. About this time several requests were made to amend the Land
Use Plan in the vicinity, mostly to the north. The Planning Commission instructed
staff to work with the Plans Committee and review the impacts of the requested
changes with the corridor study underway. This was done and presentations on
the various Land Use Plan Amendments were made to the Commission and City
Board of Directors in the spring of 2006.
The Land Use Plan study recommendation was developed and distributed to the
affected property owners for comment. From this a final package was
developed, which is now presented to the Planning Commission for
consideration.
The amendment area is outside the city limits of Little Rock but adjacent to the
south and southwest. The major growth corridor of the City has been
immediately to the northeast of the amendment area. New subdivisions have
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
5
been built during the last ten years to the northwest and northeast within the city.
In addition, many large-lot (5 to 10 acre tract) subdivisions have been developed
to the south, west and southwest outside the City of Little Rock.
The overall development pattern has been set for the vicinity. That is moderate
density north of Kanis Road with lower density development south of Kanis
Road. Staff believes this is not just a current situation but also the likely future
development pattern for the area. South of Kanis the land has been subdivided
into tracts of five acres or more with large high-end homes constructed on each
lot. This investment means that a major change is not likely. To the north are
subdivisions of more suburban nature within the large ‘Chenal’ development.
Even with the possibility of annexation in the future only limited densification is
likely to the south of Kanis Road. Any change in use along Kanis Road with new
development should be done in a manner that is sensitive to this development
pattern both to the north and south of the road.
The Plans Committee indicated that with the difficulty of getting multifamily
development in many areas, areas already zoned for multifamily within the study
area should not be changed if at all possible. This along with the density issue
and the Board’s guidance to prevent a commercial ‘strip’ were the over arching
principles used to guide the study.
There are two large Public Institutional use areas shown on the Plan within the
study area. Neither is developed at this time. This is not the standard practice of
the City. That is the City only shows Public Institutional when the use exists or is
about to develop. These two areas were shown on a Plan done by a private
consultant for the City. Based on common practice of the City these two areas
were determined to be areas where changes should be proposed.
One Public Use area is east of Rock Creek along the south side of Kanis Road.
All of the remaining land east of Rock Creek on the Plan is Commercial or Mixed
Office Commercial. The zoning is currently Planned Commercial Districts, ‘R-2’
Single Family and a small area of ‘C-3’ General Commercial at the intersection
with Chenal Parkway. Remembering the density issue, Staff and the Plans
committee recommendation was for this area to be Suburban Office. This
recognizes that the areas east of the creek are non-residential while attempting
to ‘step-down’ in intensity as one moves west and south.
The second Public use area on the Plan within the study area is along the
alignment of the West Loop, likely to be Rahling Road extended, to the north of
Kanis Road. This land is mostly in one ownership and is zoned MF-24, MF-18
(both multifamily zonings: one 18-units per acre, the other 24-units per acre) with
some ‘O-2’ Office and Institutional zoning. The zoning pattern is based on the
proposed alignments of Rahling Road, La Grande Drive and Champagnolle
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
6
Drive. All are Collectors or Arterials on the City Master Street Plan. The zoning
pattern has been in place for approximately twenty years. Using the principle to
maintain existing Multifamily zoned areas and increased density north of Kanis
Road, the proposal became to change most of the area to Multifamily with a
small area changed to Suburban Office (the Champagnolle-Rahling intersection).
The commercial node at the intersection of Kanis Road with the West Loop was
designed to be small. The major commercial was and is to be at Rahling Road
and Chenal Parkway. When looking at the zoning and ownership pattern along
the south side of Kanis it was determined that only a minor change was possible.
This was to recognize the ownership with a large single-family home. Most of the
tract is shown for Single Family and there is a large home on the site. The
Multifamily had been shown as a transition from the commercial node to the
single-family. Keeping in mind the lower density guide, the proposal is to remove
the multifamily from the Plan for the southwest quadrant and show only Single
Family for this area.
On the north side of the ‘node’ the existing zoning and use goes beyond the
current Commercial area into the area shown for Multifamily. Thus a change to
expand the ‘node’ to more accurately display areas already committed to future
commercial uses is proposed. A large amount of Low Density Residential is
added to the northwest of the ‘node’. This is to provide a transition and reflect
the increase in density to the north of Kanis Road.
At the Denny-Kanis Road intersection is a Neighborhood Commercial Node. The
proposal is to enlarge the node along the north side of Denny. This expansion
more accurately reflects the already existing ‘C-1’ Neighborhood Commercial.
There is one commercial use already in place at this intersection within the area
proposed, which is only partially currently shown for Neighborhood Commercial.
Also at this node, at the southwest corner of Stewart and Kanis Road an area is
shown going to Single Family from Neighborhood Commercial. This reflects a
recent request to split a tract for two single-family homes.
In general, the package attempts to more accurately reflect the currently and
likely future use pattern based on the zoning and currently use pattern. In
addition the principals of maintaining existing zoned multifamily areas, removing
non-developed Public Use areas and protecting the low density single-family
areas to the south were used to develop an overall package for the corridor.
NEIGHBORHOOD COMMENTS:
Notices were sent to the Parkway Place Neighborhood Associations. Staff has
received no comments from area residents at the time of this writing.
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
7
STAFF RECOMMENDATIONS:
Staff believes the changes are appropriate.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
The item was placed on the consent agenda for deferral to December 21, 2006
to allow Staff time to review new information. By a vote of 9 for, 0 against
(Rahman, Allen absent) the consent agenda was approved.
STAFF UPDATE:
Mr. Elmer Tucker contacted Staff prior to the Public Hearing and requested that
his property at the southwest corner of Kanis and Stewart Roads not be changed
on the Land Use Plan. Since the proposed package of changes was designed to
more accurately reflect the existing and likely short-term future development
pattern, Staff agrees with removal of the site.
A property owner not within the areas suggested for changes, contact staff about
including their property in the package of changes before the Commission. In
order to accomplish this the item was deferred. Mr. Walter Murray provided staff
with information on his site and a neighbor to the south across Kanis Road.
These properties, 18520 and 18601 Kanis Road, are requesting Neighborhood
Commercial on the Land Use Plan. Both are current Single Family with homes
on them and a R-2 single-family zoning classification.
Staff presented the revised package to the Plans Committee at their November
29, 2006 meeting. At that time Staff reviewed the purpose of the Study and the
previously agreed to method for developing the package. The new changes
were discussed.
The addition is not consistent with the guidelines used for the Study: to prevent
strip commercialization of Kanis, and to reflect the existing zoning/use pattern
and the likely future development pattern for the area.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Walter Malone, Planning Staff, reviewed the area and reminded the Commission
that this effort started a year ago with a re-classification. Mr. Malone went over
each of the changes and the reasons for them. When staff sent out the notices
to surrounding residents (supplemental notice) a couple of property owners
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
8
asked to be included. This addition is a Single Family to Neighborhood
Commercial area just east of the Denny-Kanis split on both sides of Kanis
Road. Staff is not supportive of this change, since it could need to the
commercialization of Kanis Road, (one of the things the study was to prevent).
The Murray’s should explain the benefits to the change. Staff requested two
votes. One on the original request and a second on the added area.
Ms. Ruth Bell, League of Women Voters, addressed the Commission. She
indicated the League supported the original package of changes but did not
support the addition.
The Commission asked if the Murrays were present. No one responded from the
floor. After some discussion, the Commission decided it was appropriate to differ
the additional area to allow the Murrays to be present and address the
Commission, but not to hold up the entire package. A motion was made to differ
to February 1, 2007 the additional area. By a vote of 11 for, 0 against the motion
was approved. A second motion was made to approve the original package of
changes. By a vote of 11 for 0 against the package was approved.
STAFF UPDATE:
The Planning commission on December 21, 2006 deferred the request to add an
area of Neighborhood commercial either side of Kanis Road, east of the Denny
Road split. This was done to allow the property owners to attend the hearing and
present their reasons for amending the Plan from Single Family to Neighborhood
Commercial. Staff, at the meeting, indicated they could not support the request
due to concerns about the further commercialization of Kanis Road. No other
changes have occurred since the December 21 meeting.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
Walter Malone, Planning Staff, reviewed the request and reminded the
Commission of the original Kanis Land Use Plan review. Mr. Malone indicated
the changes in the amendment approved in December by the Commission and
stated those changes are awaiting the outcome of this item prior to presentation
to the Board of Directors. Since the concern was to prevent ‘strip commercial
along Kanis’, Staff can not support this expansion of the Neighborhood
Commercial Node at Denny-Kanis-Stewart.
Walter Murray, applicant, thanked the Commission for hearing their request.
Mr. Murray pointed out the large amount of C-1 zoning to the west of his property
and the Neighborhood Commercial designation. The area is changing and they
February 15, 2007
ITEM NO.: D (Cont.) FILE NO.: LU06-19-07
9
are not against the changes but it is no longer a single-family area. Mr. Murray
discussed all the commercial use to the east of the application area along Kanis
Road, discussing some of the actual uses. The four acres of Mr. Murray’s land
will not be developed single-family like that in Chenal. Since the area is
changing they are asking for Neighborhood Commercial now. Though they have
on specific plans for a new use, they wish to take this opportunity rather than ask
later. Mr. Murray assured the Commission that his property would not created
additional traffic problems. He then discussed the Pulaski Academy site on
Denny Road and the traffic that could be created from that development.
Ruth Bell, League of Women Voters, addressed the Commission. The concern
is ‘wall to wall’ commercial and quality of life for the residents of the City. Ms.
Bell reminded the Commission about the previous studies of Kanis Road (three).
The aim of these studies was to let development happen without losing the
charm of Kanis Road. Ms. Bell asked the Commission to honor Staff’s
recommendation and not line Kanis with Commercial use.
There was discussion about the Kanis-Denny-Stewart intersection design.
Mr. Mike Hood, Civil Engineer Manager reviewed some of the design options.
These have only been preliminary studied. Kanis Road is a Minor Arterial, which
is a five-lane section; current Kanis Road is a two-lanes with open ditches (rural
design).
A question about the remaining Single Family use area along Kanis was asked.
Mr. Malone reviewed the proposed Low Density Residential change to the east of
the site and the use changes south of Kanis Road. There would be very little
single-family along Kanis with or without this amendment. Most would be south
of the road and Mr. Malone reminded the Commission about the density change
the study had been based on, with large lot residential to the south and more
urban-suburban development to the north.
Commission Meyers expressed support of the request and the desirability of
commercial areas close to residential. Commission Williams moved approval
with Commissioner Meyer seconding. By a vote of 5 for, 4 against and 2 absent
the request was denied.
February 15, 2007
ITEM NO.: 1 FILE NO.: Z-8154
NAME: Whitmore Day Care Family Home –
Special Use Permit
LOCATION: 9104 Woodford Drive
OWNER: Walter Whitmore
APPLICANT: Carolyn Whitmore
PROPOSAL: A Special Use Permit is requested to allow a Day
Care Family Home to be operated in the single family
residence located on the R-2 zoned property at
9104 Woodford Drive.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the West Baseline and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
9104 Woodford Drive is located on the southwest corner of Woodford
Drive and Seymour Drive. All surrounding properties are zoned R-2 and
contain single-family residences.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 12:00 a.m. (midnight), seven (7) days per week. The
applicant has noted that she will have one (1) part-time employee, a nurse
who will visit the site daily.
There is a two-car wide driveway from Woodford Drive, with parking for
five (5) vehicles including the carport. Staff feels that this will allow
sufficient space for drop-off and pick-up of children. On inspection of the
site, staff observed one (1) vehicle parked on the grass in the front yard.
The applicant has noted that this situation has been corrected. Staff
observed no vehicles on the site which were non-operational.
The applicant is currently providing care for five (5) children at this
location. The applicant is in the process of being licensed by the State for
up to ten (10) children.
February 15, 2007
ITEM NO: 1 (Cont.) FILE NO.: Z-8154
2
The principal use of the property will remain single family residential. No
signage beyond that allowed in single family zones will be permitted. The
Bill of Assurance for this neighborhood was recorded in 1962 and appears
to still be in effect. The Bill of Assurance contains the following language:
“A. All of said lots shall be used as residential lots only, and
no structure shall be erected, altered or permitted to remain
other than one detached single-family dwelling not to exceed
one and a half stories in height, and a private garage and
servant’s quarters or storeroom.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes
the site and location criteria for day care family homes as follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
February 15, 2007
ITEM NO: 1 (Cont.) FILE NO.: Z-8154
3
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
According to information provided by the State Department of Health and
Human Services, the property at 9104 W oodford Drive is not located
within 300 feet of another licensed day care family home or day care
center. There was previously a licensed day care family home at 9009
Woodford Drive. However, the day care family home use at that address
has ceased, as confirmed by the State and site inspection by staff. There
are two (2) licensed day care family homes located within the southwest
portion of this subdivision on Crofton Circle.
To staff’s knowledge, the only outstanding issue associated with this
application concerns the proposed hours/days of operation. The applicant
proposes to operate the day care family home from 6:00 a.m. to 12:00
midnight, seven (7) days per week. Staff views the proposed hours/days
as excessive and out of character with this type of use in a residential
neighborhood. Staff feels the proposed hours/days of operation do not
meet the intent of the ordinance allowing this type of residential day care
use. Staff believes the excessive hours/days of operation as proposed will
have an adverse impact on the adjacent properties and the overall
neighborhood.
C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007)
Carolyn Whitmore was present, representing the application. Staff
presented the application.
Commissioner Taylor asked Ms. Whitmore if she lived on the property.
She responded that she did. Commissioner Taylor asked about the hours
of operation. Ms. Whitmore explained the hours and noted that she would
only have one (1) or two (2) children past 6:00 p.m. She noted that her
February 15, 2007
ITEM NO: 1 (Cont.) FILE NO.: Z-8154
4
part-time employee came in from 6:00 p.m. to 8:00 p.m. daily, and that the
last child was typically gone by 9:00 p.m.
Commissioner Langlais asked Ms. Whitmore if she had talked to her
neighbors. She stated that she had talked to some of them. She
explained that her husband works with her in caring for the children.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to allow a
day care family home at 9104 Woodford Drive.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
Staff informed the Commission that the applicant submitted a letter on
February 15, 2007 requesting the application be deferred to the March 15, 2007
Agenda. Staff supported the deferral request.
With a vote of 8 ayes, 0 nays and 3 absent, the Commission voted to waive their
bylaws and accept the deferral request being less than five (5) days prior to the
public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
February 15, 2007
ITEM NO.: 2 FILE NO.: Z-8153
Owner: The Estate of Bonnie Saunders
Applicant: Bill Saunders, Executor
Location: 12024 Chicot Road
Area: 1.28 Acres
Request: Rezone from R-2 to C-3
Purpose: Rent/Sell
Existing Use: Vacant commercial building
SURROUNDING LAND USE AND ZONING
North – Single family residence and commercial buildings; zoned
C-3 and R-2
South – Single family residences (across Hillsboro Road); zoned R-2
East – Single family residences (across Chicot Road); zoned R-2
West – Single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Chicot Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required.
2. Hillsborough 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.
3. A 20-foot radial dedication of right-of-way is required at the intersection
of Chicot Road and Hillsborough Road.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
February 15, 2007
ITEM NO: 2 (Cont.) FILE NO.: Z-8153
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Legion Hut, Oxford Valley,
Deer Meadow and SWLR United for Progress Neighborhood Associations
were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for a rezoning from R-2 Single Family to C-3 General Commercial.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Chicot Road is shown as a Principal Arterial on the Master Street Plan and
Hillsboro Road is shown as a Minor Arterial. These streets may require
dedication of right-of-way and may require street improvements. The
primary function of a Principal Arterial is to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
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 exists should be limited to minimize negative effects of
traffic and pedestrians on these streets since they are arterials.
Bicycle Plan:
A Class I is shown along Hillsboro Road and a Class III is shown on
Chicot Road. A Class I bikeway is built separate from or alongside a road.
Additional paving and right-of-way may be required. A Class III bikeway is
a signed route on a street shared with traffic. No additional paving or
right-of-way is required.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Chicot West
Neighborhood Action Plan. The Economic Development goal states a
need to recruit businesses to fill vacant buildings. This application is to
reuse an existing building.
E. STAFF ANALYSIS:
The Estate of Bonnie Saunders, owner of the 1.28 acre property located at
12024 Chicot Road, is requesting to rezone the property from “R-2” Single
February 15, 2007
ITEM NO: 2 (Cont.) FILE NO.: Z-8153
3
Family District to “C-3” General Commercial District. The rezoning is
proposed in order to rent or sell the property. The property is located at the
northwest corner of Chicot Road and Hillsboro Road.
There is a vacant commercial building located within the east half of the
property. A small single family type structure is located directly behind the
commercial building. There is a gravel parking area located between the
commercial building and Chicot Road. The rear/west portion of the property
is undeveloped and wooded. The commercial building previously housed a
boat and motor repair shop and welding shop, as the property has had a
nonconforming commercial status for some years.
There are single family residences located east, west and south of the site.
Undeveloped R-2 zoned property is located to the southeast, across Chicot
Road. A single family residence on C-3 zoned property is located
immediately to the north, with nonconforming commercial buildings located
further north along the west side of Chicot Road.
The City’s Future Land Use Plan designates this property as “Commercial”.
The requested C-3 zoning does not require an amendment to the Land Use
Plan.
Staff is supportive of the requested rezoning to C-3. Staff feels the request
is reasonable. The property is located at an arterial/arterial intersection.
Chicot Road is classified as a principal arterial on the City’s Master Street
Plan. Hillsboro Road is classified as a minor arterial, as the Master Street
Plan shows it aligning with Alexander Road (to the west) in the future and
tying into the future south loop. Additionally, the property immediately north
is currently zoned C-3, with commercial buildings further north along the
west side of Chicot Road. Given the current classifications of the adjacent
roadways, staff believes the requested C-3 rezoning is appropriate and will
have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved.
February 15, 2007
ITEM NO.: 3 FILE NO.: Z-8155
Owner: Positive Atmosphere Reaches Kids, Inc.
Applicant: Michael Woods, PARK
Location: 6919/6921 Geyer Springs Road
Area: 0.60 Acre
Request: Rezone from R-2 to C-3
Purpose: Parking lot
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Mixed office and commercial uses; zoned C-3
South – Undeveloped property and mixed commercial uses (across
Browning Road); zoned C-3
East – PARK facilities and single family residences; zoned PDO and R-2
West – Undeveloped property and mixed commercial and multifamily uses
(across Geyer Springs Road); zoned R-2, C-3 and I-2
A. PUBLIC WORKS COMMENTS:
1. Geyer Springs 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. The proposed land use would classify Browning Road on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
3. A 20-foot radial dedication of right-of-way is required at the intersection
of Geyer Springs and Browning Road.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA Bus Route #17A (Mabelvale-UALR Route).
February 15, 2007
ITEM NO: 3 (Cont.) FILE NO.: Z-8155
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Wakefield and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the 65th Street East Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from R-2 Single Family to C-3 General Commercial.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Geyer Springs is shown as a Minor Arterial on the Master Street Plan and
Browning Road is shown as a Local Street. These streets may require
dedication of right-of-way and may require street improvements. 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.
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:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan. The Geyer Springs
Wakefield Action Plan is currently under development, and one of their
goals is to “Encourage developers to use the Planned Zoning
Development form of zoning rather than straight zoning to ensure
appropriate businesses are brought into the neighborhood.”
E. STAFF ANALYSIS:
PARK (Positive Atmosphere Reaches Kids), owner of the 0.60 acre property
located at 6919/6921 Geyer Springs Road, is requesting to rezone the
property from “R-2” Single Family District to “C-3” General Commercial
February 15, 2007
ITEM NO: 3 (Cont.) FILE NO.: Z-8155
3
District. The rezoning is proposed to develop a parking lot to serve the
PARK facilities. The property is located at the northeast corner of Geyer
Springs Road and Browning Road.
The property is currently undeveloped and grass covered. Part of the PARK
use (playground area) is located immediately to the east, with single family
residences further east along Browning Road. Undeveloped C-3 zoned
property and mixed commercial uses are located to the south across
Browning Road. Mixed office and commercial uses are located to the north,
with the main PARK facility building to the northeast. There is additional
undeveloped property and mixed commercial and multifamily uses across
Geyer Springs Road to the west.
The City’s Future Land Use Plan designates this property as “Commercial”.
The requested C-3 zoning does not require an amendment to the Land Use
Plan.
Staff is supportive of the requested zoning. Staff views the request as
reasonable. Adjacent properties to the north, south and west are zoned
C-3. The properties across Geyer Springs Road to the west are designated
as “Industrial” on the City’s Future Land Use Plan. Staff believes rezoning
this 0.60 acre property to C-3 for development of a parking lot to serve an
adjacent use and continuing the commercial zoning pattern along Geyer
Springs Road will have no adverse impact on the adjacent properties or the
general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved.
February 15, 2007
ITEM NO.: 4 FILE NO.: Z-8156
Owner: Bernardi Family
Applicant: William W. Watt
Location: Southeast and southwest corners of Arch Street
and West 65th Street
Area: 5 Acres – west side of Arch Street
10 Acres – east side of Arch Street
Request: Rezone from R-2 to I-2 and M
Purpose: Industrial shop – west side of Arch Street
Future mining – east side of Arch Street
Existing Use: Two (2) single family residences – west side of
Arch Street
Undeveloped – east side of Arch Street
SURROUNDING LAND USE AND ZONING
North – Undeveloped property and mining operations; zoned M
South – Undeveloped property, single family residences and
nonconforming commercial/industrial buildings; zoned M and R-2
East – Undeveloped property; zoned M
West – Office warehouse type uses and undeveloped property; zoned I-2
A. PUBLIC WORKS COMMENTS:
1. Arch Street is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required.
2. 65th Street is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
3. A 20-foot radial dedication of right-of-way is required at the intersection
of Arch Street and 65th Street.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA Bus Route #15 (65th Street Route). The route
runs along 65th Street and Arch Street, north of 65th Street.
February 15, 2007
ITEM NO: 4 (Cont.) FILE NO.: Z-8156
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Upper Baseline and
SWLR United for Progress Neighborhood Associations were notified of the
public hearing.
D. LAND USE ELEMENT:
This request is located in the 65th Street East Planning District. The Land
Use Plan shows Industrial and Mining for this property. The applicant has
applied for a rezoning from R-2 Single Family to I-2 Industrial and Mining.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Arch Street Pike is shown as a Principal Arterial on the Master Street Plan.
West 65th Street is shown as a Minor Arterial. These streets may require
dedication of right-of-way and may require street improvements. The
primary function of a Principal Arterial is to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
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.
Bicycle Plan:
A Class I bike route is proposed just west of this site. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
The Bernardi Family, owner of the five (5) acre property and the 10-acre
property located along the east and west sides of Arch Street, at West 65th
Street, is requesting to rezone the five (5) acres from “R-2” Single Family
District to “I-2” Light Industrial District and the 10 acres from “R-2” Single
Family District to “M” Mining District. The rezoning is proposed in order to
develop an industrial shop-type use at the southwest corner of Arch Street
and West 65th Street, and for future mining operations along the east side of
February 15, 2007
ITEM NO: 4 (Cont.) FILE NO.: Z-8156
3
Arch Street. A small sliver of the property (approximately 0.4 acre) is
located on the north side of West 65th Street, as the roadway bisected the
overall ownership years ago.
The property on the west side of Arch Street is occupied by two (2) single
family residential structures and remnants of other older structures. The
sliver of property on the north side of West 65th Street is undeveloped. The
ten acres on the east side of Arch Street is undeveloped and wooded. The
property slopes upward from Arch Street to the east.
The general area contains a mixture of zoning and uses. The property to
the north is undeveloped, with mining operations to the northwest and
further north along Arch Street. There is additional undeveloped property to
the south (east side of Arch Street), with single family residences and
nonconforming commercial/industrial uses along the west side of Arch
Street. There are office warehouse-type uses across the railroad right-of-
way to the west on I-2 zoned property. There is undeveloped “M” zoned
property to the east.
The City’s Future Land Use Plan designates the property on the west side
of Arch Street as “I” Industrial, and the property on the east side of Arch
Street as “M” Mining. The requested I-2 and M zonings do not require an
amendment to the Land Use Plan.
Staff is supportive of the requested “M” zoning for the 10 acres on the east
side of Arch Street. The surrounding properties (north, east and south) are
currently zoned “M”. Staff believes the requested mining zoning is
appropriate and continues the zoning pattern along the east side of Arch
Street.
Staff is also supportive of the requested I-2 zoning for the property along the
west side of Arch Street, north and south of West 65th Street. Staff believes
I-2 zoning is appropriate for this property at the northwest and southwest
corners of Arch Street and West 65th Street. Staff feels enclosed industrial
uses along this side of Arch Street, especially south of 65th Street, will be
compatible with the adjacent land use to the west and south. Staff believes
the applicant can achieve the desired use of the property (enclosed
industrial shop-vehicle repair) with it being I-2. Staff views I-2 zoning as
having no adverse impact on adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-2 and M rezonings.
February 15, 2007
ITEM NO: 4 (Cont.) FILE NO.: Z-8156
4
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval. A motion to that effect was made. The motion
passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved.
February 15, 2007
ITEM NO.: 5 FILE NO.: Z-8157
Owner: Little Rock Municipal Airport Commission
Applicant: Garver Engineers
Location: East 9th Street at Carson Street
Area: 6.43 Acres
Request: Rezone from R-2 and O-1 to I-2
Purpose: Falcon Jet expansion
Existing Use: Single family and church
STAFF NOTE:
The applicant submitted a letter to staff on January 5, 2007 requesting the
application be withdrawn, without prejudice. Staff supports the withdrawal
request.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
Staff informed the Commission that the applicant submitted a letter on January 5,
2007 requesting the application be withdrawn, without prejudice. Staff supported
the withdrawal request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal, without prejudice. A motion to that effect was
made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
February 15, 2007
ITEM NO.: 6 FILE NO.: LU07-09-01
Name: Land Use Plan Amendment - I-630 Planning District
Location: 4403 West 29th Street
Request: Multi Family to Commercial
Source: Derrick Gunn
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-630 Planning District from Multi Family to
Commercial. The commercial category includes a broad range of retail and wholesale
sales of products, personal and professional services and general business activities.
Commercial activities vary in type and scale, depending on the trade area that they
serve. The proposed amendment is to allow C-3 General Commercial reclassification.
EXISTING LAND USE AND ZONING:
The property currently has two single family houses on it. The area is currently zoned
R-3 Single Family District and is 0.25 acres ± in size. The area to the immediate west
and north is also zoned R-3 Single Family and is being used for single family
residences. R-3 zoning is the predominant single family district north of Asher Avenue
and east of University. Directly east of the application area is zoned C-3 General
Commercial for the Gunn Funeral Home. This funeral home wants to convert the
existing single family houses at this location into a florist to serve the funeral home.
Further east of this area on the south side of 29th Street is zoned I-2 Light Industrial for
two paint and auto shops and vehicle storage. South and adjacent to the application
area is zoned C-4 Open Display Commercial for River City Auto Body. There is a large
strip of commercially zoned property south of this application following Asher Avenue.
This part of Asher has C-3 General Commercial, C-4 Open Display Commercial and I-2
Light Industrial uses which include several auto shops, two hair salons, ATR
Transmission, C&C Club, and a day care. Southwest of the application area is more I-2
Light Industrial which is used for Clark Power, an auto shop, a scrap yard and a
warehouse.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The application area is currently planned for Multi Family on the south side of W. 29th
Street between Peyton and Washington Streets. To the south, southeast, and east of
the area is planned for Commercial. Beyond the Commercial to the south is planned for
Industrial. West, north and northwest of the area is planned for Single Family, with
some Low Density Residential and Office to the northeast. There is another small
amount of Multi Family to the southwest.
February 15, 2007
ITEM NO.: 6 (Cont.) FILE NO.: LU07-09-01
2
Ordinance 18,373 was passed October 17, 2000. This ordinance amended the Future
Land Use Plan in many places near the application area. The changes include: the
Low Density Residential at the northeast corner of Peyton and 29th Streets was
amended to Office and Public Institutional, the Industrial on the south side of Asher at
Adams Street was amended to Commercial, and southwest of the application area was
amended from Light Industrial, Industrial and Office to Commercial along Asher. These
changes were the result of the Asher Corridor Study as requested by the Planning
Commission. This study attempted to keep the industrial south of Asher avenue, with
commercial uses along and north of Asher.
MASTER STREET PLAN:
West 29th Street is shown as a Collector on the plan. The primary function of a
Collector Street is to provide a connection from Local Streets to Arterials. Peyton Street
is shown as a Local Street on the plan. The primary function of a Local Street is to
provide access to adjacent properties.
BICYCLE PLAN:
A Class II bike route is shown along West 29th Street. A Class II bikeway is located on
the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and
right of way may be required.
PARKS:
According to the Master Parks Plan, this area is within eight blocks of a park or open
space. To the northwest of the application area is Curran Conway Park.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The Oak Forest Neighborhood Action Plan covers this area. The plan states in the
Housing Goal: “enhance and maintain all housing stock.”
ANALYSIS:
The Gunn Funeral Home is located on the southeast corner of Peyton and West 29th
Streets. The funeral home has purchased the lot on the southwest corner of Peyton
and 29th and is proposing to convert two single family homes into a florist to serve their
existing funeral home. A separate proposal would change this area to C-3 General
February 15, 2007
ITEM NO.: 6 (Cont.) FILE NO.: LU07-09-01
3
Commercial zoning, which would allow many other uses other than a florist. The two
houses on the application site seem to be in good repair. The surrounding areas to the
north, west and northeast are filled with single family houses. This neighborhood is
completely built out and has been for many years. The areas to the south and
southeast along Asher Avenue are mostly used for Commercial and Industrial uses.
The Commercial uses are mostly limited to the Asher corridor.
The application area is currently planned for Multi Family. In this location, the Multi
Family was intended to serve as a buffer to protect the neighborhood’s Single Family to
the north from the mostly Commercial area along Asher Avenue. Land use buffers have
been used throughout the city. This application would introduce Commercial uses into a
block of single family residences with front to front relationships. The houses in this
area are in relatively good condition and they are for the most part occupied. During
2006, there were forty-six single family renovation permits issued for Census tract 19,
which includes this application area. This shows that the neighborhood is being
improved upon with the assumption that the land use is going to stay single family.
The introduction of a different, more intense use like Commercial would have a serious
impact on the surrounding single family residences. Commercial uses and especially
those found in the C-3 zoning category would introduce retail-oriented traffic further into
the neighborhood. Besides heavier traffic, commercial uses would also require special
parking, parking lot lighting, various hours of operation and a dumpster. None of these
things would fit in well with the existing neighborhood. While there is not much vacant
land planned for Commercial in this immediate area, there seems to be a demand for
both single family and commercial in the general area. There is one vacant commercial
building just south of the application area along Asher Avenue. The application area is
part of a viable neighborhood and it needs to be protected as such.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Curran-Conway, Midway
and Love. Staff has received no comments from area residents
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant request this item be deferred to April 12, 2007. The item was placed on
consent agenda to for deferral. By a vote of 8 for, 0 against and 3 absent the consent
agenda was approved.
February 15, 2007
ITEM NO.: 6.1 FILE NO.: Z-8163
Owner: Derrick Gunn
Applicant: Derrick Gunn
Location: 4403 West 29th Street
Area: 0.15 Acre
Request: Rezone from R-3 to C-3
Purpose: Floral arrangement workshop
Existing Use: Two (2) single family residences
SURROUNDING LAND USE AND ZONING
North – Single family residences (across West 29th Street); zoned R-3
South – Auto body shop; zoned C-4
East – Funeral home (across Peyton Street); zoned C-3
West – Single family residences; zoned R-3
A. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify West 29th Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
2. The proposed land use would classify Peyton Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
3. A 20-foot radial dedication of right-of-way is required at the intersection
of West 29th and Peyton Street.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #14 (Rosedale
Route) runs along Asher Avenue to the south and Route #15 (UALR
Route) runs along West 29th and Washington Streets to the west.
February 15, 2007
ITEM NO: 6.1 (Cont.) FILE NO.: Z-8163
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Midway, Curran-Conway
and LOVE Neighborhood Associations were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the I-630 Planning District. The Land Use Plan
shows Multifamily for this property. The applicant has applied for a
rezoning from R-3 Single Family to C-3 General Commercial.
A Land Use Plan Amendment is a separate item on this agenda.
Master Street Plan:
West 29th Street is shown as a Collector on the plan. The primary function
of a Collector Street is to provide a connection from Local Streets to
Arterials. Peyton Street is shown as a Local Street on the plan. The
primary function of a Local Street is to provide access to adjacent
properties.
Bicycle Plan:
A Class II bike route is shown along West 29th Street. A Class II bikeway
is located on the street as either a 5’ shoulder or six foot marked bike lane.
Additional paving and right-of-way may be required.
City Recognized Neighborhood Action Plan:
This area is covered by the Oak Forest Neighborhood Action Plan. The
plan states in the Housing Goal: “Improve commercial areas and services
so that area residents have a variety of shopping/service opportunities
within their community.”
E. STAFF ANALYSIS:
Derrick Gunn, owner of the 0.15 acre property located at 4403 West 29th
Street, is requesting to rezone the property from “R-3” Single Family District
to “C-3” General Commercial District. The rezoning is proposed to utilize
the existing structure(s) as a floral arrangement workshop to serve the
existing funeral home located across Peyton Street to the east. The
property is located at the southwest corner of West 29th and Peyton Streets.
There are currently two (2) one story frame single family residential
structures located within the north half of the property. There is a one-story
February 15, 2007
ITEM NO: 6.1 (Cont.) FILE NO.: Z-8163
3
frame accessory structure located in the rear yard along the south property
line. A partially paved alley right-of-way is located immediately south of the
property.
The general area contains a mixture of uses and zoning. There are single
family residences on R-3 zoned property across West 29th Street to the
north. An auto body shop is located across the alley to the south, with
mixed commercial uses further south along Asher Avenue. Single family
residences are located to the west along West 29th Street. A funeral home
is located across Peyton Street to the east, with additional commercial uses
further east.
The City’s Future Land Use Plan designates this property as “Multifamily”.
A proposed Land Use Plan Amendment to “Commercial” is a separate item
on this agenda.
Staff is not supportive of the requested rezoning. The property in question
is only 6,600 square feet in area. Section 36-301(d)(4) of the City’s Zoning
Ordinance requires a minimum lot area of 14,000 square feet for C-3
zoning. The existing structures on the property would also not conform to
the minimum front, side, street side or rear setbacks as required in C-3
zoning. Given the fact that the applicant wishes to utilize the existing
structure(s) as a floral arrangement workshop to support the existing funeral
home use to the east, staff recommends the applicant file for a “PZD”
Planned Zoning Development. Staff feels that site plan issues such as
maintaining the residential appearance of the property, parking, lighting,
signage, etc. should be addressed with the property’s proposed change in
use. Other issues as limiting the use of the property to a support use for the
funeral home and tying it to this specific property owner can also be
addressed through the “PZD” process. Staff believes rezoning this one (1)
residential lot to C-3 could have as adverse impact on the adjacent
residential property.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
Staff informed the Commission that the applicant requested the application be
deferred to the April 26, 2007 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 26, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays, and 3 absent.
February 15, 2007
ITEM NO.: 7 FILE NO.: Z-3879-B
NAME: Chicot Elementary School – Revised Conditional
Use Permit
LOCATION: 11,100 Chicot Road
OWNER/APPLICANT: Little Rock School District/Peters and Associates
PROPOSAL: A revision to the previously approved conditional use
permit for this elementary school is requested to allow
for the addition of a bus lane. The property is zoned
R-2.
STAFF UPDATE:
On January 10, 2007, the applicant requested that this item be deferred to the
March 15, 2007 Agenda. Staff recommends approval of the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff informed the
Commission of the applicant’s request to have the item deferred. There was no
further discussion. The item was placed on the consent agenda and approved
for deferral to the March 15, 2007 agenda. The vote was 8 ayes, 0 noes and
3 absent.
February 15, 2007
ITEM NO.: 8 FILE NO.: Z-4740-A
NAME: Bethel Freewill Baptist Church – Revised Conditional
Use Permit
LOCATION: 12,611 Chicot Road
OWNER/APPLICANT: Bethel Freewill Baptist Church/Jim Baker
PROPOSAL: A revision to the previously approved conditional use
permit for this existing church is requested to allow for
placement of a 2007 model, 16’ X 80’ manufactured
home to serve as the church parsonage. The
property is zoned R-2.
1. SITE LOCATION:
The site is located on the east side of the far south end of Chicot road; at
the city limits.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The city limits form the property’s south and east boundary. The property
to the south and east is undeveloped and flood prone. Undeveloped and
wooded C-2 property is located across Chicot Road. On January 18,
2007, the Commission reviewed a proposal to rezone a portion of that C-2
site to PD-R. A single-family residence is located on the front portion of
the R-2 zoned tract to the north. There are other manufactured and
mobile homes in the general area; including 6 single-wides and 1 double-
wide on Bunch Road, a single-wide on Hillsboro and a large mobile home
park on Chicot Road. Allowing placement of the proposed manufactured
home on the rear portion of the site should have no effect on the
neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the SWLR United for Progress
and Deer Meadow Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
A single driveway provides access from Chicot Road. A 52-space parking
lot wraps around the west and south sides of the church building. The 164
seat sanctuary requires 32 parking spaces (built prior to 1988). There is
adequate parking to serve the proposed parsonage.
February 15, 2007
ITEM NO.: 8 (Cont.) FILE NO.: Z-4740-A
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
Replacement of any dead, diseased, damaged, or missing vegetation is
required per the landscape plan.
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 perimeter of the site next to the residentially zoned property.
Credit towards fulfilling this requirement can be given for existing trees
and undergrowth that satisfies this year-around requirement.
5. PUBLIC WORKS COMMENTS:
1. Chicot Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required.
2. The property shows to be in the 100 year floodplain. The proposed
manufactured home must be installed in compliance with Section 13-
59 of the Little Rock Code. The structure must be elevated on a
permanent foundation such that the lowest floor of the structure is
elevated one (1) foot above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement. Prior to permitting, provide
proof prepared by a professional engineer of the adequacy of the
foundation to meet City code.
3. At the time of permitting, a Special Grading Permit for Flood Hazard
areas will be required per Section 8-283 prior to construction.
4. Revise the plan to show the base flood elevation and the proposed
minimum floor elevation of the structure.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No construction allowed within existing fifteen foot sanitary
sewer easement. Manufactured Home must be located outside of
sewer easement.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
February 15, 2007
ITEM NO.: 8 (Cont.) FILE NO.: Z-4740-A
3
AT&T (SBC): No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. If larger and/or additional water meter(s) are
required a Capital Investment Charge based on the size of the meter
connection(s) will apply in addition to normal charges.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007)
The applicant’s wife was present. Staff presented the item and noted there were
a few issues to be resolved. Staff requested additional information on the
proposed manufactured home; exterior finish and roof materials. Mrs. Baker
responded that the home would have vinyl siding and a shingled, pitched roof.
Public Works Staff commented that the required right-of-way appeared to be in
place. Staff noted that the property was in the 100 year flood plain and the home
would have to be sited in compliance with Section 15-59 of the Code regarding
foundation construction and minimum floor elevation. Staff noted a special
grading permit for flood hazard areas would be required.
Staff noted the home was proposed to be located over a wastewater easement
and the home would need to be relocated out of the easement.
Staff discussed the landscape/buffer requirements and noted the requirement of
screening along the north perimeter. The applicant stated she felt the adjacent
neighbor would not want screening between the properties. Staff stated they
would verify what screening currently existed along the common property line.
The applicant was advised to respond to staff issues by January 17, 2007. The
Committee determined there were no other issues and forwarded the item to the
full Commission.
STAFF ANALYSIS:
Bethel Freewill Baptist Church is located on the R-2 zoned, 2.5 acre tract at
12611 Chicot Road. The city limits form the southern boundary of the site. In
1986, a conditional use permit was approved to allow for construction of a 164
seat sanctuary addition and 52 parking spaces. In 1998, approval was given for
February 15, 2007
ITEM NO.: 8 (Cont.) FILE NO.: Z-4740-A
4
removal of the old sanctuary and education/fellowship buildings and construction
of a 2,800 square foot education/fellowship building in their place.
The church is now requesting approval of a conditional use permit to allow for
placement of a 16’ X 80’ manufactured home on the rear portion of the site to
serve as the church parsonage. The 2007 model home will have vinyl siding and
a pitched, shingled roof. Porch and deck additions will be constructed onto the
front and rear of the home.
The proposed home will be screened by the church buildings and woods. One
single family residence is adjacent to the north. That residence is located on the
front portion of a deep tract and there is screening between the two properties.
When the 1998 addition was approved, screening was installed along the north
property line of the church. That screening consists of mature crepe myrtles and
Burford Hollies from the front of the property to the rear of the parking lot. Staff
would recommend extending that screening to a point past where the
manufactured home is proposed to be placed. Otherwise, to staff’s knowledge,
there are no outstanding issues. There is no bill of assurance for this acreage
tract.
STAFF RECOMMENDATION:
Staff recommends approval of the revised C.U.P. subject to compliance with the
following conditions:
1. Compliance with the staff comments and conditions outlined in Sections 4, 5
and 6 of the agenda staff report.
2. Compliance with the following siting criteria from Section 36-254(d)(5) of the
Code:
• A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
• Removal of all transport elements.
• Permanent foundation.
• Exterior wall finished so as to be compatible with the neighborhood.
• Orientation compatible with placement of adjacent structures.
• Underpinning with permanent materials.
• Off-street parking per single-family dwelling standard.
3. The screening on the north perimeter of the site is to be extended to a point
past where the manufactured home is sited.
February 15, 2007
ITEM NO.: 8 (Cont.) FILE NO.: Z-4740-A
5
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “staff recommendation” above. There was no further
discussion. The item was placed on the consent agenda and approved as
recommended by staff. The vote was 8 ayes, 0 noes and 3 absent.
February 15, 2007
ITEM NO.: 9 FILE NO.: Z-6814-D
NAME: Otter Creek Elementary School – Revised Conditional
Use Permit
LOCATION: 16,000 Otter Creek Parkway
OWNER/APPLICANT: Little Rock School District/Peters and Associates
PROPOSAL: A revision to the previously approved conditional use
permit for this existing school is requested to allow for
the construction of additional parking. The property is
zoned R-2.
1. SITE LOCATION:
The property is located on the east side of Otter Creek Parkway, in the
Otter Creek Neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The school is located within a single family residential neighborhood.
Single family residences on R-2 zoned lots are adjacent to the north, east
and across the Parkway to the west. The homeowner’s association
recreation facility is adjacent to the south. The addition of the proposed
parking will not affect the school’s compatibility with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Otter Creek and
SWLR United for Progress Neighborhood Associations were notified of
this request.
3. ON SITE DRIVES AND PARKING:
Access to the proposed 24 space parking lot will be off of the
southernmost, existing driveway. There will be no new driveway onto
Otter Creek Parkway. The parking lot will have one-way circulation and
will tie into the existing driveway in front of the school.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
An additional interior landscape island is needed along the southernmost
row of parking per the landscape ordinance to satisfy the “evenly
distributed” portion.
February 15, 2007
ITEM NO.: 9 (Cont.) FILE NO.: Z-6814-D
2
Unless existing vegetation will screen the parking lot along the
southernmost perimeter then additional landscaping will be required.
An automatic irrigation system to water the landscaped areas is required.
The City Beautiful Commission recommends preserving as many existing
trees as feasible. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS COMMENTS:
No comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
AT&T (SBC): No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007)
The applicant was present. Staff presented the item and noted there were few
comments on the application. It was noted that additional interior landscaping
was needed. The applicant responded that the plan would be revised to reflect
the required landscaping.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
February 15, 2007
ITEM NO.: 9 (Cont.) FILE NO.: Z-6814-D
3
The applicant was advised to submit a revised plan by January 17, 2007.
STAFF ANALYSIS:
Otter Creek Elementary School is located on the R-2 zoned property at 16,000
Otter Creek Parkway. A conditional use permit is requested to allow for the
expansion of the parking lot by the addition of 24 parking spaces. Access to the
expanded parking lot will be off of an existing driveway. There will be no new
curb-cut onto Otter Creek Parkway. The parking lot will have one-way circulation
and will tie onto the existing driveways and parking areas. The parking lot will be
landscaped to comply with City Code.
On January 17, 2007, the applicant submitted a revised site plan addressing the
issues raised at Subdivision Committee. An additional landscape island has
been provided within the southern row of parking spaces. Hose bibs for irrigation
have been located within 75 feet of the landscape areas. Existing vegetation
provides screening along the southern perimeter of the site.
To staff’s knowledge there are no outstanding issues. There is no bill of
assurance issue.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P subject to compliance with
the City’s Landscape Ordinance.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, subject to compliance with the City’s
Landscape Ordinance. There was no further discussion. The item was placed
on the consent agenda and approved as recommended by staff. The vote was
8 ayes, 0 noes and 3 absent.
February 15, 2007
ITEM NO.: 10 FILE NO.: Z-7310-A
NAME: Pilgrim Rest Baptist Church – Conditional Use Permit
LOCATION: 3801 Springer Blvd.
OWNER/APPLICANT: Pilgrim Rest Baptist Church/Ron Woods
PROPOSAL: A conditional use permit is requested to allow for
removal of the existing church and construction of a
new church building on this R-2 zoned property.
1. SITE LOCATION:
The property is located on the southeast corner of Springer Blvd. and East
38th Street, in the Granite Mountain Neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
Although the property fronts onto a State Highway, the church is located
within what is primarily a residential neighborhood. Single family homes
on R-2 zoned properties are located adjacent to the east and across East
38th and Springer to the north and west. A city park is adjacent to the
south. Farther to the north, an apartment complex is located on C-3
zoned property and the Watershed facility is located in a former R-2 zoned
school building. Single family homes and another park are located to the
south. With proper attention to screening and parking issues, there is no
reason the church cannot continue to be compatible with the
neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Granite
Mountain Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The church currently has 30 parking spaces, none of which are entirely on
the church’s property. The parking spaces on the north side of the church
are located partially in the oversized 80-foot right-of-way of East 38th
Street. The parking on the south side of the church is partially in a parking
lot that serves a city park. The City has had an arrangement for 40 years
that allows the shared parking. The Parks Department has submitted a
letter agreeing to allow the shared parking to continue. The existing
church has a total seating capacity of 300± persons. The new sanctuary
will seat a total of 349, requiring 87 parking spaces under the current
code. The applicant has previously stated that most of the church
members are from the immediate community and many walk to church.
February 15, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-7310-A
2
Under this proposal, 14 new parking spaces and a drop-off driveway will
be built resulting in an available total of 44± parking spaces. In light of the
relatively small increase in overall seating, staff supports a variance to
allow a reduced number of parking spaces, counting the existing parking
and the new spaces.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
The landscape ordinance and the street buffer ordinance requires a
minimum of six foot nine inches of landscaped area along 38th Street and
the parking area to the south. Current proposal does not allow for this
minimum requirement. A variance from this minimum requirement will
require approval from the City Beautiful Commission prior to the issuance
of a building permit.
The buffer ordinance requires an average of thirteen (13’) foot and in no
case less than half for the buffer along the east perimeter. Screening is
required between the church site and the adjacent residential property to
the east.
In conjunction with this project, the parking lot along 38th Street needs to
be redesigned allowing for the minimal landscape and buffer ordinance
requirements.
The City Beautiful Commission recommends preserving as many existing
trees as feasible. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS COMMENTS:
1. Springer Boulevard is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required. The proposed parking lot appears to encroach into the new
right-of-way.
2. A twenty (20) feet radial dedication of right-of-way is required at the
intersection of 38th Street and Springer Boulevard.
3. For information purposes at the time of building permit issuance, the
property will be subject to the Boundary Street ordinance. This
ordinance requires the adjacent streets and sidewalk to be improved to
February 15, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-7310-A
3
meet the Master Street Plan, which includes street widening, curb and
gutter installation, and sidewalk installation.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
AT&T (SBC): No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. If larger and/or additional water meter(s) are
required a Capital Investment Charge based on the size of the meter
connection(s) will apply in addition to normal charges.
Fire Department: Additional fire hydrant may be required, contact Fire
Marshall Dennis Free at 918-3710.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007)
The applicant was present. Staff presented the item and noted there was
additional information needed; including property owner authorization, bill of
assurance, cover letter, building design and height, building area and setbacks,
signage, typical days and hours of use, site lighting, dumpster location and
screening and seating capacity of the new sanctuary. Staff asked if any other
uses were proposed such as day care. Staff noted approval would need to be
provided from the Parks Department for use of the parking driveway and parking
area. Staff noted the property was located in the Granite Mountain Corridor
Design Overlay District and the following changes would need to be made or the
application would have to be refilled as a PZD:
(a) Ground mounted sign must be monument style; maximum of 6’ in
height and 30 square feet in area.
(b) Streetscape and paved bike path to comply with Section 36-434.6.
(c) Surface parking cannot be located between the building and Springer
Boulevard.
February 15, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-7310-A
4
(d) Lighting must conform to national accepted dark sky principals and
maximum height of light poles should be twenty (20) feet.
Public Works and Landscape Comments were discussed. The applicant stated
he would likely revise the plan to remove the parking from between the building
and Springer Blvd., which would address some of those concerns. He stated he
would provide the current and proposed seating capacity to see if the existing
parking would be sufficient. The applicant stated a variance would be requested
to allow the parking lot on East 38th Street to continue to be used in its current
state, as it is located in the right-of-way.
The applicant was advised to respond to staff issues by January 17, 2007. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Pilgrim Rest Baptist Church is located on the R-2 zoned property at 3801
Springer Blvd. The property contains a single-story, brick and frame church
building. Parking is located on the north and south sides of the building. The
parking on the north side is partially within the oversized right-of-way of East 38th
Street and the parking on the south side is partially on city parks property. In
2002, the Planning Commission approved a conditional use permit to expand the
building by adding onto the sanctuary, adding a second floor onto the
fellowship/education wing and constructing a parking lot between the building
and Springer Blvd. The expansion was to increase the church’s seating capacity
to 498 seats.
Since that date, the church has decided that it is more feasible to remove the
existing building and replace it with a new building. The new building will be one-
story in height with a standing seam metal roof. The building will have a height of
35’6” to the ridge line with a steeple extending 23’6” above the ridge. The
building will have a brick veneer on the north, south and west facades and a
veneer of either brick or metal on the east façade. The structure will be placed
on the site to comply with all required setbacks under the R-2 zoning district.
Total seating in the sanctuary, including congregation, choir loft and pulpit area,
is 349 seats. This represents an increase of 49 seats over the existing
sanctuary. The new building will have a total area of 9,930± square feet, an
increase of 1,500± square feet over the existing building.
No additional uses are proposed, such as day care of private school. Activities
will be those typically associated with a small church; Wednesday and Sunday
worship, with some activities throughout the week.
A drop-off driveway will be located on the south side of the church, with access
through the existing shared driveway/parking lot. A letter of approval has been
February 15, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-7310-A
5
provided by the City’s Park Department to allow continued shared use of the
driveway and parking lot. A new, 14-space parking lot is proposed. The original
submittal included a parking lot to be located between the building and Springer
Blvd. Under the Granite Mountain Corridor Design Overlay District, surface
parking cannot be located between the building and Springer Blvd. To comply
with the DOD, the parking was relocated to the rear of the building.
No new site lighting is currently proposed. If any is added later, it will comply
with nationally accepted dark sky principals with a maximum pole height of 20
feet, as required by the DOD. No dumpster is proposed. A single ground-
mounted, monument style sign is proposed. The sign will comply with the DOD
limits of 6 feet in height and 30 square feet in area.
Staff is supportive of the proposed C.U.P. The applicant submitted responses to
all issues raised at Subdivision Committee, as reflected in the analysis above.
There is no bill of assurance for this property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Compliance with the Granite Mountain Corridor Design Overlay District
Standards.
Staff recommends approval of buffer and parking variances to allow a reduction
in the number of required parking spaces and to allow continued use of the
existing parking lots located on the north and south sides of the property, as they
currently exist subject to the parking in the right-of-way being franchised through
the department of Public Works.
Staff recommends approval of a building line variance to allow the slight
encroachment across the building line along East 38th Street and the canopy
encroachment across the building line on the south side subject to a replat being
filed as required by Section 31-12.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, subject to compliance with the
comments and conditions outlined in the “staff recommendation” above. Staff
also recommended approval of the buffer, parking and building line variances as
noted in the staff recommendation. There was no further discussion. The item,
February 15, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-7310-A
6
including the variances, was placed on the consent agenda and approved as
recommended by staff. The vote was 8 ayes, 0 noes and 3 absent.
February 15, 2007
ITEM NO.: 11 FILE NO.: Z-8164
NAME: Korean Disciple Church of Arkansas –
Conditional Use Permit
LOCATION: 600 Kirby Road
OWNER/APPLICANT: Korean Disciple Church of Arkansas/Terry Burruss
PROPOSAL: A conditional use permit is requested to allow for
construction of a multipurpose building on this
existing, R-2 zoned church site.
1. SITE LOCATION:
The church is located on the southwest corner of Kirby Road and Sweet
Bay Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church is located within what is principally a residential neighborhood,
although several nonresidential uses are located nearby. Single family
homes are located to the east and west. Other churches are located
adjacent to the south and across Kirby to the northeast. The community
park and swimming pool are adjacent to the north, across Sweet Bay. A
City of Little Rock fire station is located north of the park. Further north is
the Kohl’s store on C-3 zoned property. With proper attention to screening
and buffers; the proposed multipurpose building addition should not affect
the church’s continued compatibility with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Parkway Place
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has single driveways onto Kirby Road and Sweet Bay Drive. A
43-space parking lot is located south of the existing building. The
sanctuary has a seating capacity of 172 persons. The church was
constructed in 1976. Churches built prior to 1988 have a parking
requirement of one space for every 5 seats. This church has a parking
requirement of 34 spaces. No changes are proposed to the sanctuary or
the existing parking lot and driveways.
February 15, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8164
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
The zoning buffer ordinance requires a twenty-four (24’) foot wide land
use buffer along the western perimeter of the site next to the residentially
zoned property. Seventy percent (70%) of this buffer is to remain
undisturbed. A variance from the City Beautiful Commission will be
required prior to the issuance of a building permit.
Current proposal encroaches into the land use buffer. The building needs
to be shifted east and measures taken to retain this buffer area.
Prior to the issuance of a building permit a landscape plan must be
approved and must obtain the seal of a licensed Landscape Architect.
An automatic irrigation system to water the landscaped areas is required.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving trees
of six (6) inch caliper or larger.
5. PUBLIC WORKS COMMENTS:
1. Kirby Drive is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline will be required.
From the survey, it is uncertain the location of the existing property line
in relation to the street centerline.
2. The proposed land use would classify Sweet Bay Drive Street on the
Master Street Plan as a commercial street. Dedicate right-of-way to 30
feet from centerline. From the survey, it is uncertain the location of the
existing property line in relation to the street centerline.
3. A 20 feet radial dedication of right-of-way is required at the intersection
of Sweet Bay Drive and Kirby Drive.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comments received.
February 15, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8164
3
CenterPoint Energy: No Comments received.
AT&T (SBC): No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. Additional fire hydrant(s) will be required.
Contact the Little Rock Fire Department to obtain information regarding
the required placement of the hydrant(s) and contact Central Arkansas
Water regarding procedures for installation of the hydrant(s).
Fire Department: Install and place fire hydrants per code. Canopy shall
have clearance of no less than 13.5 feet. Contact Fire Marshall
Dennis Free at 918-3710.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007)
The applicant was present. Staff presented the item and noted additional
information was needed including; building design and height, building setbacks,
signage, site lighting, building use, dumpster location and screening, seating
capacity of the sanctuary, number of on-site parking spaces and the location of
any fencing. Staff asked if any other use was proposed such as day care. Staff
asked the applicant to relocate the building so as to provide a 25-foot rear yard
setback.
Public Works, Landscape, Utility and Fire Department comments were noted and
discussed. The applicant stated he would comply with those comments. Staff
advised the applicant to contact the outside reviewing agencies, if there were
questions related to their comments.
The applicant was advised to respond to staff issues by January 17, 2007. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The Korean Disciples Church of Arkansas is located on the R-2 zoned, 4± acre
site at 600 Kirby Road. The church was constructed in 1976; prior to the
requirement of a conditional use permit. Another congregation previously
occupied the church. The site contains a sanctuary/education building and a
43-space parking lot. Driveways provide access to Kirby Road and Sweet Bay
February 15, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8164
4
Drive. The property has two signs; one at the northeast corner of the property
and one nearer the driveway onto Kirby Road. Much of the site is wooded.
The church is proposing to construct a one-story, 5,000 square foot multipurpose
building/fellowship hall to the west of the existing church building. The new
building will tie onto a canopy that extends over the driveway; providing covered
access from the main building. The building will be constructed with a pre-
engineered steel frame with metal siding and roof. The building will have a
12-foot eave height and a maximum roof height of 20.5 feet. The building will be
utilized as a fellowship hall/meeting facility. It will not be constructed to allow its
use for basketball.
On January 17, 2007, the applicant submitted responses to issues raised at
Subdivision Committee. The building has been moved to provide a 25-foot
setback from the west property line, which also addresses the 24-foot buffer
requirement. At least 70% of that buffer will remain undisturbed. Although there
are trees and undergrowth in that area, the applicant has agreed to supplement
the buffer with additional evergreen plants. Existing signage consists of two
ground-mounted signs. No changes are proposed to signage. No additional use
is proposed for the site. The church conducts “typical” church-related activities
on the site; including Sunday and Wednesday worship services with occasional
activities throughout the week. Site lighting consists of two pole lights
overlooking the parking lot. No additional site lighting is proposed. There is no
additional fencing proposed for the site. There is some fencing along the south
and west perimeters which was installed by the adjacent residential property
owners. A future dumpster site and screening have been shown at the west end
of the parking. Although there are no current plans to install a dumpster, one is
shown on the plan in case one is ever needed.
Staff is supportive of the requested C.U.P. To staff’s knowledge, there are no
outstanding issues. There is no bill of assurance issue.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. subject to compliance with the
following conditions:
1. Compliance with the staff comments and conditions outlined in Sections 4, 5
and 6 of the agenda staff report.
2. Additional evergreen plantings are to be installed in the buffer behind the new
building as needed to provide screening.
3. No doors are to be located on the west (rear) façade of the building other than
those required for fire safety egress.
4. No lighting is to be installed on the west (rear) façade of the building other
than low wattage, wall park lighting that may be required over than exit door.
February 15, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8164
5
5. If a dumpster is ever installed, hours of service are to be limited to daylight
hours.
6. The metal siding and roof material are to be nonreflective and staff would
suggest that a color be chosen that will help the building blend in with the
woods so as to help reduce its visibility from nearby residences.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There was one objector present. Staff presented the
item and informed the Commission that the applicant had submitted an
amendment to the application in which he agreed to plant dense evergreen
planting (1.5 times the requirement) on the west side on the new building, that
there will be no windows or doors on the west side of the building and that the
color of the exterior metal siding of the new building will blend with the
surroundings (no bright colors). Staff recommended approval of the application,
as amended, subject to compliance with the comments and conditions outlined in
the “staff recommendation” above.
Terry Buruss, the applicant, restated his commitment to have no doors or
windows on the west side of the building. He stated he would reserve his time to
address any concerns raised by the opposition.
Stephanie O’Brien, of #1 South Sweet Bay Court, spoke in opposition. She
stated she was concerned about the hours of activity on the site. She stated
there was activity and traffic on the property at all hours of the night. She asked
if there would be restrictions placed on the hours of activity. Ms. O’Brien stated it
appeared to her that people were living in the building as there were people there
from early in the morning to late at night. She stated the noise and vehicle lights
were a disturbance.
Commissioner Williams commented to Ms. O’Brien that the new building would
actually help to screen her residence from the activities on the church site.
Michael Choy spoke on behalf of the church. He stated the church members
were not aware that their activities were negatively impacting the neighbors. He
apologized for any inconvenience and stated he would speak with the church
members.
In response to a question from Commissioner Meyer, Mr. Choy stated no one
was living at the church. He stated they did have a 5:30 a. m. prayer time and
occasionally had activities until 9:00 at night.
There was further discussion of the activities on the site.
February 15, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8164
6
In response to a question, Mr. Choy stated the church served lunch and dinner
on Sundays. Terry Burruss stated there was a exit-only door on the north side of
the building and full-access door on the south. In response to questions, the
applicant stated there were no outdoor bells or public address system and no
outdoor activities beyond use of the existing playground.
Ms. O’Brien asked again if the hours of activities could not be limited. Deputy
City Attorney Cindy Dawson cautioned the Commission against trying to limit the
hours of this religious use.
A motion was made to approve the application as recommended by staff. The
motion was approved by a vote of 9 ayes, 0 noes and 2 absent.
February 15, 2007
ITEM NO.: 12 FILE NO.: Z-8165
NAME: West Little Rock School – Conditional Use Permit
LOCATION: Southeast side of Rahling Road, south of Pebble
Beach
OWNER/APPLICANT: Agar Shuffield Joint Venture/Little Rock School District,
the Mehlburger Firm
PROPOSAL: A conditional use permit is requested to allow for
construction of a new Pre-K through 8th grade public
school on this MF-6 and R-2 zoned 74+ acre tract.
1. SITE LOCATION:
The site is located southeast of Rahling Road, ¼± mile south of Pebble
Beach Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located at the edge of several single family neighborhoods.
Wellington is located to the south. Belle Pointe, Hillsboro and Pebble
Beach are located to the east and north. Rahling Road, a minor arterial
street, is located to the west. Beyond Rahling is an area of undeveloped
R-2 property and an area of Open Space. An extension of the Wellington
Plantation collector street and a large area of green space will separate
the school site from the neighborhoods to the east and north. A buffer
with a minimum depth of 50 feet will be located along the south perimeter.
The school will provide a transition from the neighborhoods to the arterial
street and with appropriate screenings should be compatible with the
neighborhood.
All owners of properties located within 200 feet of the site, all residents
site, all residents within 300 feet who could be identified and the St.
Charles Neighborhood Association were notified of this request. An
informational public meeting was held on January 30, 2007 for any
interested parties.
3. ON SITE DRIVES AND PARKING:
Access to the campus will be off of an extension of Wellington Plantation
Drive. The main entrance driveway is located at the northern end of the
campus. This driveway will have two lanes entering and two lanes
exiting. A 103 space parking lot is located off of this driveway. The
driveway will widen by one lane around the parking lot to provide two
lanes of stacking space and one lane for access to the parking spaces
February 15, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8165
2
and to provide circulation. A smaller 77 space parking lot is located at the
south end of the campus. The designated bus driveway and drop-off is
located directly north of the school. A full breakdown of the number of
classrooms, students and employees is included in the analysis section of
this report. The parking, drop-off and stacking space appear adequate for
the proposed school.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
The proposed parking lots will need additional parking islands.
Prior to the issuance of a building permit a landscape plan must be
approved and must obtain the seal of a licensed Landscape Architect.
An automatic irrigation system to water the landscaped areas is required.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving trees
of six (6) inch caliper or larger.
Otherwise, areas set aside appear to meet minimum landscape standards.
5. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is classified on the Master Street Plan as a
collector street. A dedication of right-of-way 60 feet will be required.
An additional 15 feet of right-of-way will be required to be dedicated
measured from the centerline of Rahling Road near the intersection of
Wellington Plantation Drive and Rahling Road. This additional right-of-
way shall normally be 250 feet in length measured from the
intersecting right-of-way. The intersecting right-of-way lines shall
normally have a radius of 75 feet at arterial-collector intersections.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct street improvements to Wellington
Plantation Drive and Rahling Road including 5-foot sidewalks. Provide
a 250 foot right turn lane on Rahling Road with a 150 foot taper.
Provide a median cut in Rahling Road with a 250 foot left turn bay and
a 150 foot taper.
February 15, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8165
3
3. Provide a letter prepared by a registered engineer certifying the
stopping distance at the Rahling Road-Wellington Plantation Drive
intersection complies with 2004 AASHTO Green Book standards.
4. Provide a traffic study to show peak traffic generated by the site
including traffic on adjacent streets to determine if the traffic warrants a
signal installed at Wellington Plantation Drive and Rahling Road
intersection. For more information, contact Bill Henry, Traffic
Engineering at 379-1816.
5. To improve the internal traffic circulation, two (2) separate one way
drives should be provided for access to the southeast parking lot and
drop off area. This will allow more parking spaces to be provided and
keep vehicles from backing out of parking spaces into traffic circulation
lanes and interrupting circulation. For more information, contact Bill
Henry, Traffic Engineering at 379-1816.
6. The main driveway from the north should be 4 lanes instead of 3 lanes.
Parking spaces should not be provided on the main driveway.
Vehicles parking will disrupt internal traffic circulation. A parking area
should be provided for vehicles separate from the circulation lanes.
The steep slope will negatively affect parking along this access drive.
Parking spaces on the southern end of this drive should be separated
from circulation lanes. For more information, contact Bill Henry, Traffic
Engineering, at 379-1816.
7. There appears to be several dead end or cul de sac drives with few
access drives. Provide an internal circulation plan. For more
information, contact Bill Henry, Traffic Engineering, at 379-1816.
8. Sidewalks should be provided to allow pedestrian access from the
sidewalk along the street to sidewalks within the property.
9. Due to the steep slopes and grade changes, provide a sketch Grading
and Drainage Plan per Section 29-186(e) showing proposed slopes,
terraces, wall heights, and graded areas.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required with easements.
Entergy: No Comments received.
Centerpoint Energy: No Comments received.
AT&T (SBC): No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. A water main extension will be
February 15, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8165
4
required in order to provide service to this property. The cost for
required off-site improvements will be significant. These facilities will
be installed by the developer at its expense.
A Capital Investment Charge based on the size of the meter
connection(s) will apply to this project in addition to normal charges.
This fee will apply to all meter connections including any metered
connections off the private fire system.
Proposed water facilities will be sized and designed to provide
adequate pressure and fire protection.
Fire Department: Install and place Fire hydrants per Code. Contact Fire
Marshall Dennis Free at 918-3710.
County Planning: No Comments.
CATA: The site is not located on the CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007)
The applicants were present. Staff presented the item and noted additional
information was needed; including building height and design, signage, number
of classrooms by grade, number of employees and teachers, site lighting,
dumpster and screening, fencing and playground areas. Staff asked that the
areas to remain undisturbed be labeled as such.
Public Works Comments were discussed at length. The applicant was advised to
meet with Public Works Engineering staff to resolve concerns about circulation,
driveway design and street grade. Staff requested a traffic study to determine if
a traffic signal would be warranted at the intersection of Wellington Plantation
Drive and Rahling Road. Staff also requested a sketch grading and drainage
plan.
Landscape, Utility and Fire Department Comments were noted.
The applicant was advised to respond to staff comments by January 17, 2007.
The applicant stated many of the elements of the plan were conceptual in nature
and specific details would not be available. The applicant was advised to provide
as much information as was possible. The applicant noted a public meeting
would be held at 6:00 on January 30, 2007 at the public library on Rahling Circle
where interested parties could view the plans.
February 15, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8165
5
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The Little Rock School District is requesting approval of a conditional use permit
to allow for construction of a new, Pre-K through 8th grade school on this
undeveloped, wooded, 74± acre tract. The building will vary from a single level
to three stories with a footprint of 172,000 square feet and a total of 250,000
square feet. There will be a center administrative core, separate multi-story
academic zones for elementary and middle grades, a gymnasium and a
multi-story media center and cafeteria. The building materials will be masonry,
stone, pre-finished metal and exterior stucco. Due to the nature of the terrain
and the multi-story construction, a maximum building height of 85 feet is
anticipated.
Separate bus and vehicle driveways and parking will be constructed. The main
drop-off driveway provides over one-half mile of stacking space in dual lanes. All
bus and delivery traffic will be directed to utilize Rahling Road, entering the site
from the north on Wellington Plantation Drive. Wellington Plantation Drive will be
extended to intersect Rahling. The road will be constructed to collector street
standards. Improvements will be made to the intersection, including turn lanes
and signalization, if warranted. A sidewalk will be constructed on the west side of
Wellington Plantation Drive.
A separate service building and parking lot will be located north of the main
building. The bus lane will be gated during the school day to provide a hard
surface play area. Two terraced play areas will also be constructed north and
west of the building. An unlighted, soccer practice field will be located in the
northern portion of the campus. Fencing is proposed to consist only of some
chain-link fencing around a portion of the play areas.
A single, building mounted sign will be placed near the main entry into the
building. A monument style ground-mounted sign will be located in the
landscaped front yard adjacent to the front of the building and a monument
ground-mounted sign will be located at the northern end of the site, at the
Rahling Road/Wellington Plantation Drive intersection. Directional signage will
be placed at the individual driveways.
A designated 50-foot undisturbed buffer will be located around the entire
perimeter of the 74± acre tract, although much more of the site will be left as
green space. No development is proposed on the east side of Wellington
Plantation Drive or on the southwestern portion that extends toward Rahling
Road.
February 15, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8165
6
The specifics of the school population, classes and employees are as follow:
Core Classrooms By Grade: Other Academic Spaces:
Pre-Kindergarten 6 Special Education 12
Kindergarten 6 Art 3
1st – 5th Grades 5 each Music/Choir 4
6th – 8th Grades 5 each Workforce/FAC 3
TOTAL 52 Gymnasiums 2
Media Center 1
Student Population: Staff:
PreK – 5th Grades 895 Teachers 75
6th – 8th Grade 440 Admin/Aids 47
TOTAL 1335 Custodial/Kitchen/SRO 23
TOTAL 145
On January 17, 2007, the applicants submitted response to the issues raised at
Subdivision Committee. A sketch grading and drainage plan was submitted.
Some initial work on the requested traffic study has been completed by Peters
and Associates. Public Works Staff continues to work with the applicant on traffic
issues. Once completed, the final analysis will be presented to the Commission.
Staff anticipates all issues being addressed.
Public Works Staff has submitted the following updated comments based on the
plans and information submitted after Subdivision Committee:
Public Works has reviewed the revised site plan submitted for the LRSD, West
Little Rock School. At time of writing, a complete submittal of all requested
information has yet to be received. In particular, a traffic study must still be
provided. Staff understands this study is currently being prepared.
With this study, the applicant’s engineer will also provide the design of the
Rahling Road-Wellington Plantation Drive intersection to meet Master Street Plan
requirements and a letter certifying the stopping distance complies with 2004
AASHTO Green Book standards. The study will address if a signal is warranted
and the number of turn lanes.
The applicant’s engineer has attempted to address staff concerns over the
circulation of traffic within the school’s property by the addition of a 4 lane drive
accessing from the north and separation of parking areas from vehicle circulation
lanes. The drive will have no striping for adjacent parking. The outside lane of
this drive could be used for parking at special events. The drop off area
accessing from the south has also been revised to separate parking areas from
vehicle circulation lanes. This driveway must be designed with 3 lanes. At time
February 15, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8165
7
of writing, the applicant’s engineer has not provided staff with a letter certifying
the sight distance at the driveways meets 2004 AASHTO Green Book standards.
More detailed information pertaining to traffic circulation within the property is
expected to be provided by the traffic study.
The revised plan shows Wellington Plantation Drive, the proposed collector
street, to be built to the maximum collector street slope limit of 12%. The
engineer is still requesting a variance to build the collector to a 15% slope. Staff
can support the street slope variance to a maximum of 15%. But like all streets,
sufficient sight distance per the 2004 AASHTO Green Book standards must be
provided.
The proposed Wellington Plantation Drive will be constructed and striped with 3
lanes. Due to the expected traffic from dropping off/picking up students, some
portions of the street must be built with a right turn lane in addition to the 3 lanes.
Sidewalks will be provided on the west side of the road. A crosswalk and
additional sidewalk may have to be provided off the property. The length and
location of the right turn lanes will be determined by the traffic study.
As a result of the street construction, a variance is also requested to exceed the
maximum 30-foot cut/fill height limit. The engineer is proposing a cut of
approximately 45 ft. running along the eastern side of the road out of right-of-
way. The length of that cut is unknown. This cut will be supported by three 15 ft.
retaining walls.
Although there are issues waiting to be addressed, staff anticipates those can be
worked through. Staff’s final recommendation on the C.U.P. and any requested
variances will be presented once all information has been submitted and
analyzed.
STAFF RECOMMENDATION:
Staff’s final recommendation is forthcoming.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff informed the
Commission that the applicant had, on February 7, 2007, requested deferral of
the item to the March 15, 2007 meeting. There was no further discussion. The
item was placed on the consent agenda and approved for deferral to the
March 15 meeting by a vote of 8 ayes, 0 noes and 3 absent.
February 15, 2007
ITEM NO.: 13 FILE NO.: Z-6828-B
NAME: Hilton Garden Inn – Conditional Use Permit Time
Extension
LOCATION: NE corner of Peachtree and Centerview Drives
OWNER/APPLICANT: Area Hospitality of West Little Rock, LLC/
Hal Joseph Kemp, P.A.
PROPOSAL: A one-year extension of a previously approved
conditional use permit to allow for construction of a
hotel on this O-2 zoned, 5.0± acre tract.
STAFF REPORT:
On December 4, 2003, the Planning Commission approved a conditional use
permit to allow for construction of a hotel on this O-2 zoned, 5.0± acre tract.
Section 36-108(c) of the Code stated:
The maximum allowable time (for exercise of authorization) shall be
limited to three (3) years from the date of approval. Required
permits must be obtained within the allotted period.
Prior to expiration of the three (3) year period, the applicant submitted a request
for a one year extension.
A copy of the minutes from the Commission’s December 4, 2003 meeting are
attached for the Commission’s information. No changes are proposed.
STAFF RECOMMENDATION:
Staff recommends approval of the requested one year extension of the approved
conditional use permit, through December 4, 2007, subject to compliance with all
previously approved comments and conditions.
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval of a time extension through
December 4, 2007 subject to compliance with all previously approved comments
and conditions. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff. The vote was 8 ayes,
0 noes and 3 absent.
PREVIOUS WRITE-UP for
December 4, 2003
ITEM NO.: 19 FILE NO.: Z-6828-B
NAME: Hilton Garden Inn – Conditional Use Permit
LOCATION: NE corner Peachtree and Centerview Drives
OWNER/APPLICANT: Sidney Saleson/Frank Riggins; The Mehlburger Firm
PROPOSAL: A conditional use permit is requested to allow for
construction of a hotel on this O-2 zoned, 5.0± acre
tract.
1. SITE LOCATION:
The property is located at the northeast corner of Peachtree and
Centerview Drives in the Westlake Office Park.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This 5± acre tract is located on the southern edge of the large, Westlake
Office Park development. The properties to the north, east and northwest
are zoned O-1 and O-3 and are occupied by a number of large office
buildings. One small parcel of undeveloped, O-3 zoned property and the
I-430 right-of-way are located across Peachtree Drive, to the south. The
Sandpiper Subdivision is located to the west. The Subdivision’s pool and
clubhouse are located across Centerview Drive from the proposed hotel
site. There are elements of this proposal that make it more compatible
with the neighborhood than the approved 2000 hotel plan. The hotel has
been reduced from 4 stories to 3; the number of rooms has been reduced
from 167 to 120; and access to the site has been limited to Centerview
Drive.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Sandpiper and John
Barrow Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The hotel will contain 120 rooms requiring 132 on-site parking spaces; 1
per room plus an additional 10%. The site plan proposes a single point of
access off of Centerview Drive and 148 parking spaces. With some slight
modification of the driveway entrance, the proposed driveway and parking
comply with ordinance standards.
December 4, 2003
SUBDIVISION
ITEM NO.: 19 (Cont.) FILE NO.: Z-6828-B
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Areas set aside for buffers and landscaping meet with ordinance
requirements. The only exception to this, is the need to provide at least
one interior landscaping island within the middle of the row of proposed 39
space parking areas. The removal of one parking space to satisfy this
need should suffice.
An irrigation system to water landscaped areas will be required.
Prior to a building permit being issued, it will be necessary to provide
approved landscape plans stamped with the seal of a Registered
Landscape Architect.
5. PUBLIC WORKS COMMENTS:
1. Sidewalks with appropriate handicap ramps are required in accordance
with Section 31-175 of the Little Rock Code and the Master Street
Plan.
2. Repair or replace any curb and gutter that is damaged in the public
right-of-way prior to occupancy.
3. Reduce the drive throat width to 36’ adjacent to the right-of-way. The
drive can then flare out to an island further into the property if desired.
4. A grading permit is accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading and drainage plans will need to be submitted and approved
prior to the start of construction.
5. Storm water detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
6. As needed, provide an easement and details for spillway drainage from
the lake.
7. Provide critical cross section for the proposed terraces to demonstrate
compliance with the land alteration ordinance.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, Capacity Contribution Analysis required.
Contact Little Rock Wastewater Utility for details.
Entergy: Ten (10) foot easement required from pole to wherever 30 pad
MTD transformer is finally located.
December 4, 2003
SUBDIVISION
ITEM NO.: 19 (Cont.) FILE NO.: Z-6828-B
3
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in
addition to normal charges. This fee will apply to all meter connections
including any metered connections off the private fire system. Please
submit two copies of the plans for the private fire line to Central
Arkansas Water for review. Contact Central Arkansas Water regarding
procedures for installation of private fire line. Approval of plans by the
Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required. This development will have minor impact
on the existing water distribution system. Proposed water facilities will
be size to provide adequate pressure and fire protection.
Fire Department: Place a fire hydrant per code.
County Planning: No Comments.
CATA: No Comments received.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 6, 2003)
Frank Riggins, of the Mehlburger Firm, was present representing the application.
Staff introduced the item and noted more information was needed on the
proposed “small restaurant” and meeting room facilities. Staff asked for a
signage plan and requested details on the retaining walls, site lighting, fencing
and the dumpster location. Staff requested that any proposed drop-off canopy
and swimming pool area be indicated on the plan. Staff noted that large areas at
the northwest and southwest corners of the site could be left undisturbed and
asked the applicant to specify plans for those areas. Public Works, Landscape
and Utility Comments were presented. The applicant was advised to respond to
staff issues by November 12, 2003.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
December 4, 2003
SUBDIVISION
ITEM NO.: 19 (Cont.) FILE NO.: Z-6828-B
4
STAFF ANALYSIS:
On April 13, 2000, the Planning Commission approved a conditional use permit
to allow for construction of a 4-story, 167 room Hilton Hotel on this undeveloped,
5± acre, O-2 zoned acre tract. In addition to the 167 guest rooms, the proposal
included a small eating area and a small lounge, both designed primarily for use
by hotel guests. Access to the site was from driveways onto Peachtree Drive
and Centerview Drive. The plan was approved with 178 parking spaces, 5 less
than the 183 required for a hotel of that size. There was discussion between the
applicant and the Sandpiper Neighborhood which resulted in some agreements
outside of the Planning Commission action. Due to a misunderstanding, the
applicant was not aware that the conditional use permit expired on April 13,
2003. On October 16, 2003, the question of extending the Hilton Inn C.U.P. was
placed before the Commission in an agenda meeting. The Commission
determined that the C.U.P. had expired and a new application must be filed.
The applicant has now filed a new conditional use permit application to allow for
construction of a Hilton Garden Inn on this O-2 zoned site. The hotel will be 3
stories in height and will contain 120 rooms, a small restaurant mainly for guests
and small meeting room facilities. The hotel restaurant is a buffet style serving
line, seating approximately 50 persons and staffed by the hotel. There will be
two 1,500 square foot meeting rooms designed to seat up to 100 persons each.
The meeting rooms are designed to be divided in half, providing 4 smaller
meeting rooms, if needed. Access to the site is via a single driveway off of
Centerview Drive. Signage is proposed to consist of a single wall sign on the
front (Peachtree) façade a single wall sign on the side (Centerview) façade and a
single ground-mounted, monument style sign near the entrance driveway on
Centerview Drive. The wall signs will read “Hilton Garden Inn.” The ground-
mounted sign will be 6’6” tall and 13 feet long. The 6’6” height and 84.5 square
foot area of the ground sign are slightly larger than the 6 foot height and 72
square feet permitted in office zones. Staff is supportive of a variance to allow
the sign as proposed due to the larger size of the site. The dumpster will be
located in the loading dock area, on the back side of the hotel. No fencing is
proposed and there will be no exterior pool area. No bar or lounge has been
proposed.
A significant amount of natural area will be retained at the northwest and
southwest corners of the site. Cutting and filling of the site will be required, with
the cut being in the rear or north area of the property and filling be retained by
walls on the south side of the building. Two segmental block retaining walls will
be constructed ranging in the height from grade to 13± feet at the northeast
corner of the site. Public Works has reviewed the preliminary plans for the
retaining walls and the cut and has determined that no variances are required.
December 4, 2003
SUBDIVISION
ITEM NO.: 19 (Cont.) FILE NO.: Z-6828-B
5
Staff is supportive of the requested C.U.P. The proposal has been reduced in
scale and intensity from the 2000 plan. The proposed use should be compatible
with uses and zoning in the area. On November 12, 2003, the applicant
submitted responses to issued raised at Subdivision Committee and noted in the
analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with the staff comments outlined in Sections 4, 5 and 6 of the
staff report.
2. Signage is to be limited to a single wall sign on the front (Peachtree)
façade reading “Hilton Garden Inn”, a single wall sign on the side
(Centerview) façade reading “Hilton Garden Inn” and a monument style
ground-mounted sign to be located adjacent to the Centerview Drive
entrance not to exceed 6’6” in height and 84.5 square feet in area.
3. There is to be no separate bar or lounge within the hotel.
4. Areas of undisturbed natural area located at the southwest and northwest
corners, near Centerview Drive, are to be clearly labeled on the site plan
and protected during construction.
5. Site lighting is to be shielded and directed downward and inward to the
site.
Staff recommends approval of the variance to allow the single, monument style
ground-mounted sign not to exceed 6’6” in height and 84.5 square feet in area.
PLANNING COMMISSION ACTION: (DECEMBER 4, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 11 ayes, 0 noes and 0 absent.
February 15, 2007
ITEM NO.: 14
Name: Midtown Design Overlay District
Location: Along Markham and University Avenues
Request: Modifications to the Design Overlay District
Source: Staff, Midtown Redevelopment Advisory Board
PROPOSAL / REQUEST:
This is a request to update and revise the Midtown Design Overlay District as
the result of efforts related to the “Statement of Design and Programming
Expectation”. This document was developed by the Midtown Redevelopment
District #1 Advisory Board with a resolution of support by the Little Rock Board of
Directors (resolution 12,396 of December 5, 2006). The Midtown Advisory Board
working with Staff has reviewed the existing overlay regulations and suggests
changes in order to help implement the ‘Statement’.
The Midtown Design Overlay District was originally approved with Ordinance
19004 on December 2, 2003. This was after a several month process where a
group of interested citizens, taking the work done by the Urban Land Institute
(ULI) and presented in the Midtown report (2001), attempted to draft a Design
Overlay District as a tool to help implement the report. The creation of the
Midtown Redevelopment District #1 and the Advisory Board for the district were
other efforts of the adhoc group to implement the ULI report.
The Midtown Advisory Board wishes to assure that any new development or
redevelopment meets the vision presented in the ‘Statement of Design and
Programming Expectations’. They believe that this document is a further
refinement of the original ULI study. After some initial discussions, it was
decided that something additional was needed. Staff reviewed the various
proposals with the consultant (the Jamison Group) working with the Midtown
Advisory Board.
It was felt that a revision to the existing Midtown Design Overlay District was the
best approach. The consultant and staff developed suggested revisions to the
Overlay and presented these to the Midtown Advisory Board. The Board met
twice in January to discuss the Design Overlay District (DOD) issue – January 12
and January 26, 2007. These were both public meetings where citizens were
present.
Staff completed a mailing to all the potentially effected property owners in
mid-January, 2007. This was to notify over 227 owners of this meeting before
February 15, 2007
ITEM NO.: 14 (Cont.)
2
the Little Rock Planning Commission. The efforts to revise the DOD have been
made under a tight timeframe in order to meet the time constraints of a
moratorium placed on a large part of the existing overlay area. This moratorium
was enacted by the Little Rock Board of Directors to allow time for the
development of needed rules for future development and redevelopment of the
area.
On Friday January 12, 2007 the Midtown Advisory Board reviewed each section
of a revised Design Overlay District for the Midtown area. This review included
additions, deletions and modifications. From the comments made at that
meeting further revisions were made and presented to the Advisory Board at
their January 26, 2007 meeting. A few minor revisions were made at the meeting
and the Advisory Board voted unanimously to recommend the approval of the
changes to the Midtown Design Overlay District.
Copies of a ‘mark-up’ of the Midtown Design Overlay District were placed on the
City website on January 26, 2007 for property owners and others to review. This
same document is attached for the Planning Commission to see the proposed
changes to the Design Overlay District. In addition, the ‘Statement of Design and
Programming Exceptions’ is included for your assistance.
The changes to the Overlay are designed to make it responsive to the ‘Statement
of Design and Programming Expectations’ and to further refine it. The ‘large
building’ section of the Midtown DOD is removed with the requirements of that
sub-section placed on all buildings and sites. A bonus section for building height
has been added (based on the Urban Use classification). This is to encourage
mixed use and provide an incentive. The projections section and some
streetscape elements of the River Market DOD are added to the Midtown DOD
to further encourage pedestrian oriented development. Addition elements on
linkage and sidewalks are also added for this purpose.
A new section on lighting is included to make the overlay easier to use. The
boundaries of the DOD have been expanded to include the entire redevelopment
district. The current boundaries include only a portion of the redevelopment
district. Due to this addition along Markham and University, a sub-section for
‘small buildings’ was added. After some discussion the exception process was
changed for going to the Board of Adjustment to using a Planned Zoning District
(PZD). This is currently used by many of the existing DODs.
A new section ‘Development Process’ was added. This section requires a PZD
for any new development whether it meets the DOD standards or not. It also
requires any redevelopment that makes an addition of area of 50 percent or
more, or where the addition is more than 50 percent the replacement value use a
PZD. This is required even if the redevelopment meets the other requirements of
February 15, 2007
ITEM NO.: 14 (Cont.)
3
the DOD. (Interior alterations, maintenance and routine repairs are exempted)
This section also sets requirements for mixed developments, if the area added is
greater than 100,000 square feet.
STAFF RECOMMENDATION:
Approval
PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007)
Mr. Craig Berry, chairman of the Midtown Redevelopment District Board asked
that the item be deferred to discuss an issue with a major property owner. The
Item was deferred to March 1 by a vote of 7 for, 0 against, 1 recuse (Yates) and
3 absent (Allen, Rahman, Stebbins).