pc_04 26 2007
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
APRIL 26, 2007
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
Gary Langlais
Chauncey Taylor
Troy Laha
Jerry Meyer
Jeff Yates
Darrin Williams
Mizan Rahman
Robert Stebbins
Fred Allen, Jr.
Lucas Hargraves
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the March 15, 2007 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
APRIL 26, 2007
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-7934-A Isclaw Multisectional Manufactured Home –
Conditional Use Permit
18,501 Crystal Valley Road
B. Z-8176 Little Rock Bridge Club – Conditional Use Permit
7415 Indiana Street
C. Z-8163 Rezoning from R-3 to C-3
4403 West 29th Street
D. 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 Multi Family to Commercial.
E. LU07-18-01 A Land Use Plan Amendment in the Ellis Mountain
Planning District at the north side of Kanis Road
between Kirby and Asbury Roads from Mixed Office
Commercial to Service Trades District.
E.1 Z-6245-A ACME Self Storage Long-form PCD, located on the
Northeast corner of Kanis and Kirby Roads.
F. Z-5096-B Woodlands Edge Conceptual Long-form PCD, located
on the Southeast corner of Kanis and Kirby Roads.
G. LU07-18-02 A Land Use Plan Amendment in the Ellis Mountain
Planning District at the Northwest corner of Kanis and
Kirby Roads from Mixed Office Commercial to
Commercial.
G.1 Z-6933-A Crackerbox Short-form PCD, located at 14100 Kanis
Road.
H. Mid-Town Design Overlay District, located along West
Markham Street and University Avenue.
Agenda, Page Two
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. G-23-380 Polk Street – Right-of-Way Abandonment
Adjacent to 5505 Hawthorne Road
2. G-23-381 Alley Right-of-Way Abandonment
Block bounded by Main Street, Scott Street, East 10th
Street and I-630
3. G-23-382 Alley Right-of-Way Abandonment
Adjacent to 2208/2210 Marshall Street
4. G-23-383 Van Buren Street – Right-of-Way Abandonment
Adjacent to 5101 Hawthorne Road
5. G-23-384 First Tee Way – Right-of-Way Abandonment
Adjacent to 4520 S. University Avenue
6. Z-8199 Mayer House Bed and Breakfast – Special Use Permit
2016 S. Battery Street
7. Z-8132-A Rezoning from R-3 to O-2
800 Apperson Street
8. Z-8200 Rezoning from R-2 to C-4
6520 S. University Avenue
9. Z-4255-B Dreamland Academy Charter School – Conditional
Use Permit
5615 Geyer Springs Road
10. Z-8196 Parker Multisectional Manufactured Home –
Conditional Use Permit
2718 Center Street
11. Z-8197 Easter Seals Arkansas Multifamily –
Conditional Use Permit
1406 Charlotte Drive
Agenda, Page Three
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
12. Z-8198 Little Rock Expo Center – Conditional Use Permit
7400 Scott Hamilton
13. 2007 Island Annexation 4 Areas in Western Little Rock
14. LA-0017 Kinnaman Land Alteration Variance on Rock Creek at
the southeast corner of Chenal Parkway and Wellington
Hills Road.
April 26, 2007
ITEM NO.: A FILE NO.: Z-7934-A
NAME: Isclaw Multisectional Manufactured Home –
Conditional Use Permit
LOCATION: 18,501 Crystal Valley Road
OWNER/APPLICANT: Jason Isclaw/Steve Giles
PROPOSAL: A conditional use permit is requested to allow a
multisectional manufactured home on this R-2 zoned
tract.
1. SITE LOCATION:
The property is located on the northwest corner of Crystal Valley Road
and Posey Lane; ¼ mile south of Lawson Road. The site is outside of the
city limits but within the City’s extraterritorial jurisdiction.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The area is rural in nature and is characterized primarily by single-family
homes on large tracts. The single-family homes are in a variety of styles;
including site built and manufactured homes. There are several single-
wide manufactured homes in the area. A church and cemetery are
located north of the site, at the intersection of Crystal Valley and Lawson.
The proposed multisectional manufactured home is compatible with uses
and zoning in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Crystal Valley
and SWLR United for Progress Neighborhood Associations were notified
of this request.
3. ON SITE DRIVES AND PARKING:
One on-site parking space is required. The property has a concrete
driveway off of Posey Lane with space for parking six vehicles.
4. SCREENING AND BUFFERS:
No Comment.
April 26, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-7934-A
2
5. PUBLIC WORKS COMMENTS:
Crystal Valley Road is classified on the Master Street Plan as a principal
arterial. The right-of-way planned whenever future development takes
place is 55 feet from centerline. If the Master Street Plan right-of-way is
ever dedicated, under any circumstance, the property owner must move
the manufactured home to a point 25 feet behind the new right-of-way line;
a total of 80 feet from the centerline of Crystal Valley Road.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Outside service boundary. No comment.
Entergy: Approved as submitted.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. Contact Central Arkansas
Water regarding the size and location of the water meter.
Fire Department: A statement of approval was previously submitted by
the Crystal Fire Department.
County Planning: No Comment received.
CATA: Outside service area, no comment.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007)
The applicant was not present. Staff presented the item and noted there was no
additional information needed. Staff noted the Master Street Plan right-of-way
and the prior condition that the home be relocated if the right-of-way is ever
dedicated. Staff also noted the siting criteria of Section 36-254(d)(5).
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
April 26, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-7934-A
3
STAFF ANALYSIS:
In 2005, Jason Isclaw placed a multisectional manufactured home on the R-2
zoned, one acre tract located at 18501 Crystal Valley Road. He was not aware
that the site was within the City’s extraterritorial jurisdiction and a conditional use
permit was needed. After being advised of the violation, he applied for a C.U.P.
On October 13, 2005, the Planning Commission approved the C.U.P. with a vote
of 7 ayes, 2 noes and 2 absent. An objector appealed to the Board of Directors.
On December 5, 2005, the Board voted 4 ayes, 5 noes and 2 absent on the
C.U.P. The applicant subsequently filed with the Court to reverse the Board’s
action. In late 2006, the appeal was dismissed by the court based on a technical
issue. Since it had been more than a year since his denial, on January 16, 2007,
the applicant reapplied for approval of the C.U.P.
The home is a 1999 model, 28’ X 80’, vinyl siding home. The applicant proposed
to add covered decks on the front and rear. The home has been placed at the
end of an existing concrete driveway where a single-wide manufactured home
was previously located. Fencing and a storage building will be located on the
site to comply with R-2 district standards.
Staff is supportive of the proposed C.U.P. The home is compatible with uses in
the general area. The applicant has agreed to relocate the home to a point 25
feet behind the Crystal Valley Road right-of-way line if the right-of-way is ever
dedicated, under any circumstances, to 55 feet from centerline as required by the
Master Street Plan. There is no bill of assurance for this unplatted acreage tract.
To staff’s knowledge, there are no outstanding issues. There are numerous
manufactured homes located in the general area. A C.U.P. for a multisectional
manufactured home was approved on nearly Chicopee Trail in September 2006.
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. If the Master Street Plan right-of-way for Crystal Valley Road is ever
dedicated, under any circumstance, the property owner must move the
manufactured home to a point 25 feet behind the new right-of-way line; a total
of 80 feet from the centerline of Crystal Valley.
April 26, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-7934-A
4
3. The home must be placed on the property in compliance with the following
siting criteria from Section 36-254(d)(5) of the Code:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport elements.
c. Permanent foundation.
d. Exterior wall finished so as to be compatible with the neighborhood.
e. Orientation compatible with placement of adjacent structures.
f. Underpinning with permanent materials.
g. All homes shall be multisectional.
h. Off-street parking per single-family dwelling standard.
PLANNING COMMISSION ACTION: (MARCH 15, 2007)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item. There was
no further discussion.
The item was placed on the consent agenda and approved for deferral to the
April 26, 2007 agenda. The vote was 8 ayes, 0 noes and 3 absent.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present. There were no objectors present. One letter of
opposition and a petition of support with sixty-two (62) signatures had been
received by staff and forwarded to the Commission. Staff presented the item and
a recommendation of approval, subject to compliance with the comments and
conditions outlined in the “staff recommendation” above. There was no further
discussion.
The item was placed on the consent agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: B FILE NO.: Z-8176
NAME: Little Rock Bridge Club – Conditional Use Permit
LOCATION: 7415 Indiana Street
OWNER/APPLICANT: Highlands Baptist Church/Terry Burruss
PROPOSAL: A conditional use permit is requested to allow for
construction of a new building for the Little Rock
Bridge Club (private recreational use) and a reduction
in on-site parking for the existing church; all on R-2
zoned property.
1. SITE LOCATION:
The site is located on the south side of Indiana Street, east of Mississippi
Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located on the northern fringe of a single family neighborhood,
where uses transition from single family to denser residential and
multifamily. The proposed Bridge Club is to replace an existing building,
which is in the past, has been used for church functions. Staff has
concerns about the compatibility of the proposed use with the adjacent
neighborhood. The site has a rear yard relationship with single family
residences. The proposed Bridge Club is proposed to have activities
seven days a week, extending as late as 11:00 p.m. Staff is concerned
that the increase in activity on this site could negatively impact the
adjacent residences.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Meriwether Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The portion of the church site in question is comprised of six lots located
east of the church building. The six lots contain a 2,500 square foot
residential structure and a 64 space paved parking lot. Access to the
parking lot is via four curb cuts onto Indiana Avenue. Five of the six lots
are to be sold to the Bridge Club and will be developed with a 4,800
square foot structure and 57 parking spaces. Access will be via two curb
cuts; one on either side of the building. The sixth (western-most) lot will
be retained by the church and will contain 13 parking spaces with a
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
2
separate curb cut on to Indiana Avenue. A second, 26 space parking lot
is located south of the church building with access off of Illinois Street.
The church sanctuary has a seating capacity of 260 persons, requiring
52 on-site parking spaces. The church will have 39 on-site parking
spaces and a cross parking agreement will allow the church to use the
23 Bridge Club spaces west of the Bridge Club on Sundays.
4. SCREENING AND BUFFERS:
Site must comply with the City’s Landscaping and Buffer Ordinances. A
nine (9) foot wide landscape/land use buffer is required on the south
perimeter. A fifteen (15) foot wide land use buffer is required on the east
perimeter. As a component of each of these buffers, a six (6) foot tall,
opaque screen is required. The screen can be either a wood fence, wall
or dense, evergreen plantings.
No less that eight percent (8%) of the interior of the parking areas is to be
landscaped in islands. It appears the new parking area west of the
building falls below this requirement.
A water source is required to be located within seventy-five (75) feet of the
landscape areas.
5. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify Indiana Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to thirty (30)
feet from centerline.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3. If disturbed area is one or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
4. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
5. Storm water detention will not apply to the proposed development.
6. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. Minimum
driveway spacing on a commercial street is 250 feet. One of the
existing driveways on the east side of the club house should be
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
3
removed. An access easement must be provided thru the church’s
existing parking lot. The width of driveway must not exceed 36 feet.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: Approved as submitted.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. Additional fire hydrant(s) may
be required. Contact the Little Rock Fire Department to obtain
information regarding the required placement of the hydrant(s) and
contact Central Arkansas regarding procedures for installation of the
hydrant(s). Installation of a larger water main may be required.
Fire Department: Fire hydrants may be required. Contact Fire Marshall’s
Office.
County Planning: No Comments.
CATA: The site is not located on or near a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007)
The applicant was present. Staff presented the item and noted additional
information was needed regarding signage, days and hours of operation, site
lighting, dumpster location and fencing. Staff asked if the property was to be sold
to the Bridge Club. Staff noted sale of the site would require a redesign to
accommodate new perimeter landscaping and vehicle access. Staff requested a
copy of the bill of assurance and asked if there would be any church use of the
building. Staff noted the building as proposed required rear and front yard
setback variances.
Public Works, Landscape and outside agency comments were noted.
Staff questioned what impact there would be on the required parking for the
church. It was determined that selling the lots would likely create a variance for
the number of parking spaces remaining on-site for the church. Staff stated the
item should be deferred to address that issue.
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
4
Staff commented that the plan did not provide the required buffers on the south
and west perimeters. The applicant responded that the area was currently paved
and used for parking. He stated the plan actually provided for the addition of
landscaping in an area that was currently paved.
The applicant was advised to continue to work with staff to address the issues.
STAFF ANALYSIS:
The Little Rock Bridge Club proposes to construct a new facility on the R-2 zoned
property located at 7415 Indiana Street. The property is currently owned by
Highlands Baptist Church and is located behind (east) the church building. The
site in question consists of six lots which currently contain a 2,500 square foot
residential structure and 64 paved parking spaces. The property is paved
virtually property line to property line. The structure may have been used in the
past by the church for church related activities. A six foot tall wood fence is
located along the south and east perimeters of the property.
The Bridge Club proposes to purchase the eastern five lots, remove the
residential structure, refurbish the existing parking and build a new, 4,800 square
foot club house. The building is to be constructed in two phases. Phase I will
consist of 3,600 square feet and Phase II is to consist of a 1,200 square foot
addition to the rear. The structure will be one-story in height with an exterior of
stone veneer, EIFS and metal roof. Fifty-seven parking spaces will be located on
either side of the building. The eastern-most curb cut will be closed and a new
curb cut will be built west of the building. A five-foot landscape strip will be
placed at the eastern end of the site and additional landscaping will be placed
along the street perimeter and around the new building. The building will have a
front yard setback of 18’7” and a rear yard setback of 21 feet. The code typically
requires front and rear yard setbacks of 25 feet in the R-2 zoning district.
Days and hours of the Bridge Club are proposed as follows:
DAYS HOURS OF OPERATION
Monday 10:00 a.m. to 11:00 p.m.
Tuesday 6:00 p.m. to 11:00 p.m.
Wednesday 8:30 a.m. to 11:00 p.m.
Thursday 10:00 a.m. to 11:00 p.m.
Friday 6:00 p.m. to 11:00 p.m.
Saturday 11:30 a.m. to 4:30 p.m.
Sunday 12:30 p.m. to 5:30 p.m.
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
5
Any new site lighting will be shielded downward and into the site. No dumpster is
proposed. The existing fencing will be repaired as required. The church will not
use the facility but will have access to a portion of the parking.
The applicant has responded to the question of parking for the church. The
seating capacity in the church sanctuary is 260 persons, requiring 52 on-site
parking spaces (for churches built prior to 1988). Once the parking lot area is
sold to the Bridge Club, the church will have 39 on-site parking spaces; 13 in the
western-most lot behind the church along Indiana Street and 26 in the parking lot
south of the church on Illinois. A perpetual cross parking agreement will be
executed allowing the church use of the 23 Bridge Club parking spaces located
west of the Bridge Club building. The church currently has an average
attendance of approximately 50 persons on Sundays. With the cross parking
agreement, the church will have access to 62 parking spaces; 10 more than
required by code.
The building is proposed to have a front yard setback of 18’7 ”. That appears to
line up with the church building to the west and is comparable to the setback of
the existing residential structure which it is to replace. The proposed rear yard
setback of 21 feet is only slightly less than the 25 feet required by the code.
Although there is no buffer proposed for much of the southern portion of the site,
new landscaping and buffer will be placed behind the building and on the east
perimeter of the parking lot. The property is currently paved and the end result
will be a net increase in landscaped area. No perimeter landscape strip is
proposed along what will be the western perimeter of the Bridge Club site and
although the landscape buffer proposed on the eastern perimeter is only 5 feet in
width, there currently is no landscaping in that area.
Signage is to consist of a 64 square foot monument style sign in the front yard of
the Bridge Club property.
Although the applicant has done a fair job of addressing site plan related issues,
staff still has concerns about the proposed use. The site has been used as
parking for a church. The greatest impact on adjacent residences would typically
be limited to activities on Sundays and Wednesday evenings. The proposed
Bridge Club is to operate seven (7) days a week, at times up to 11:00 p.m. The
amount of traffic generated and intensity of activity on the site could be such that
adjacent residences will be negatively impacted. To accommodate the proposed
use, variances are requested to allow reduced building setbacks, reduced
perimeter landscape buffers and reduced on-site parking for the church. No bill
of assurance for the subdivision has been provided.
Staff is not able to recommend approval of the application.
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
6
STAFF RECOMMENDATION:
Staff recommends denial of the application.
STAFF REPORT:
On March 6, 2007, the applicant requested deferral of this item to allow staff and
the applicant to continue to study the issue. Staff supports deferral of the item to
the April 26, 2007 Agenda.
PLANNING COMMISSION ACTION: (MARCH 15, 2007)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item. There was
no further discussion.
The item was placed on the consent agenda and approved for deferral to the
April 26, 2007 agenda. The vote was 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
On April 5, 2007, the Subdivision Committee reviewed the issue specifically
related to the church parking. The applicant explained the parking availability
and the cross-parking agreement that would assure use of some of the Bridge
Club parking on Sundays. The applicant briefly discussed changes that had
been made to the plan to address some of staff’s concerns that were raised at
the initial Subdivision Committee meeting and reflected in the analysis above.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present. There were two (2) objectors present. Staff presented
the item and a recommendation of denial. Staff informed the Commission that the
applicant had located a copy of the bill of assurance which did not address use
issues.
Jim Hathaway addressed the Commission on behalf of the Bridge Club. He
stated the club was currently located in the Tanglewood shopping center but
had outgrown its current space. He stated the club desired to stay in the area.
Mr. Hathaway introduced the club members who were present and presented a
club roster to the Commission. He showed a presentation board drawing of the
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
7
existing and proposed improvements. Mr. Hathaway stated the site was
approximately 35,000 square feet in area; of which, 23,000 square feet were
paved, 2,700 square feet were occupied by the building and 7,000 square feet
were green space. He stated the new development would result in a 3,300
square foot building, 11,400 square feet of green area and a corresponding
reduction in paved area.. He showed a conceptual sketch of the building;
stating it would be one story in height and would be residential in character.
Mr. Hathaway stated the parking needs had been addressed for the church.
Mr. Hathaway addressed the issue of the variances. He stated the proposed front
yard setback was the same as the existing house and lined up with the adjacent
church building. He stated the phase I building more than met the required rear
yard setback and the phase II addition could be modified to provide the required
rear yard. He reiterated his statement that the new plan provided more green
space than currently exists. Mr. Hathaway stated a five (5) foot landscape strip
was being provided on the east perimeter and the bridge club would take up the
five (5) foot sidewalk along the south perimeter and replace it with a five (5) foot
landscape strip to provide more green area.
Mr. Hathaway provided a chart showing the scheduled game times within the
hours of operation; stating that there were not activities throughout the entire time
the facility was open. He stated there were twelve (12) – fourteen (14) tables in
use on Monday and Thursday mornings, with four (4) persons per table. At other
times, he stated, there would be six (6) – eight (8) tables in use. He presented a
roster of the club’s members and stated the club was a quiet use that would not
disrupt the neighborhood.
Clayton Johnson, of the Meriwether Neighborhood Association, spoke in
opposition. He stated the neighborhood was surrounded by numerous
non-residential uses that generated excessive traffic through the neighborhood.
Mr. Johnson stated several of those uses used the neighborhood streets for
access. He stated there would be noise on the club site late at night when
members were leaving. He asked the Commission not to approve any more
non-residential uses in the neighborhood.
Ruth Bell, of the League of Women Voters, spoke in opposition. She stated the
League had concerns about the late hours and the potential impact on adjacent
residences.
Mr. Hathaway asked the Commission to consider the proposed development in
contrast to what could be built on the site. He stated the club would have less
impact than if the site were developed as five (5), two-story residences. He
stated the new development would result in the removal of a dilapidated structure
and the addition of increased green area. Mr. Hathaway stated access to the
church parking lot was currently off of Indiana Street and there was no way to
April 26, 2007
ITEM NO.: B (Cont.) FILE NO.: Z-8176
8
change that since the church building was located between the parking lot and
Mississippi Ave. He stated the applicants had invited eighty-six (86) neighbors to
a meeting and seven (7) came. Mr. Hathaway stated he felt the immediate
neighbors were satisfied, as evidenced by the fact that none of them were
present in opposition.
In response to questions from Commissioner Yates, Mr. Hathaway stated all
site lighting would be directed downward and into the site and the lighting could
be timed to coincide with the facility’s hours of operation. Commissioner Yates
asked about gating the parking lot after hours to prevent illicit activities.
Mr. Hathaway responded that the site would be secure but he could not commit
to gating the driveways.
In response to a question from Commissioner Meyer, Director of Planning and
Development Tony Bozynski stated the site could be developed as single-family
residences or perhaps rezoned to accommodate a low-density residential use
such as condominiums. Mike Hood, of Public Works stated the traffic generated
by five (5) single family residences would be fifty (50) vehicle trips per day.
There was a discussion of the use and how it was determined that the use was
appropriate to consider as a conditional use.
Deputy City Attorney Cindy Dawson asked the applicant to clarify the various
amendments he had offered.
Mr. Hathaway stated the full front and rear yard setbacks would be provided and
a five (5) foot landscape strip would be provided on the south and east
perimeters.
Vice-chair Taylor asked if staff supported the application, as amended.
Tony Bozynski responded that staff was still opposed to the application.
A motion was made to approve the application as amended, including all staff
comments and conditions, except the recommendation of denial. The motion was
approved by a vote of 6 ayes, 5 noes and 0 absent.
April 26, 2007
ITEM NO.: C 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.
April 26, 2007
ITEM NO: C (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.
April 26, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8163
3
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
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.
April 26, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8163
4
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.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: D 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.
April 26, 2007
ITEM NO.: D (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
April 26, 2007
ITEM NO.: D (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.
April 26, 2007
ITEM NO.: D (Cont.) FILE NO.: LU07-09-01
4
STAFF UPDATE:
The applicant has requested this item be deferred until the April 26, 2007 agenda. Staff
is supportive of this request.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The Item was placed on consent agenda for deferral to April 26, 2007. By a vote of
10 for 0 against the consent agenda was approved.
STAFF UPDATE:
There have been no changes to this application.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The item was placed on the consent agenda for withdrawal at the request of the
applicant. By a vote of 10 for and 0 against the consent agenda was approved.
April 26, 2007
ITEM NO.: E FILE NO.: LU07-18-01
Name: Land Use Plan Amendment - Ellis Mountain Planning District
Location: the north side of Kanis Road between Kirby and Asbury Roads
Request: Mixed Office Commercial to Service Trades District
Source: Joe White, White-Daters
PROPOSAL / REQUEST:
The applicant has requested that this item be deferred to April 12, 2007.
PLANNING COMMISSION ACTION: (MARCH 1, 2007)
The applicant on February 15, 2007 requested this item be deferred to the April 12,
2007 Planning Commission Hearing. The item was placed on consent agenda for
deferral. The consent agenda was approved by a vote of 9 for, 0 against with 2 absent.
STAFF UPDATE:
The applicant has requested that this item be deferred until the April 26 agenda. Staff is
supportive of this request.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The Item was placed on consent agenda for deferral to April 26, 2007. By a vote of
10 for 0 against the consent agenda was approved.
STAFF UPDATE:
PROPOSAL / REQUEST:
Land Use Plan amendment in the Ellis Mountain Planning District from Mixed Office
Commercial to Service Trades District. Service Trades District represents a selection of
office, warehousing and industrial park activities. The applicant has proposed a self
storage facility for this site.
April 26, 2007
ITEM NO.: E (Cont.) FILE NO.: LU07-18-01
2
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 and C-1 and is 5.57 acres ± in size. The site has
three homes in good repair facing Kanis Road, a vacant commercial building on the
corner of Kanis and Kirby, two manufactured homes and several accessory buildings on
it. An area east and adjacent to this application was zoned PDO Planned Development-
Office in 2005 for a real estate office inside a single family house. To the east and north
is zoned R-2 Single Family and has been developed with single family subdivisions.
The intersection of Kanis and Cooper Orbit just west of this application is zoned C-1
Neighborhood Commercial and is currently undeveloped. To the southeast is a POD
Planned Office Development for single family homes, patio homes and offices, which is
in the construction phase. Directly south of this area is an expired Planned Residential
Development that included some non-residential use but has not developed.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The application area and the surrounding areas to the south and west are currently
planned for Mixed Office Commercial. Beyond the Mixed Office Commercial to the west
is Single Family. To the north is also planned for Single Family. To the east and
southeast is planned for Suburban Office. These areas were all amended in 1999
under Ordinance 17,951 in an effort to update the Kanis Corridor.
MASTER STREET PLAN:
Kanis Road is shown as a Minor Arterial on the plan. 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. Kirby Road is shown as a Collector. The
primary function of a Collector is to provide a connection from Local Streets to Arterials.
These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class III bike route is planned along Kirby Road and south across Kanis Road. A
Class III bikeway is a signed route on a street shared with traffic. No additional paving
or right-of-way is required. Class III bicycle route signage may be required.
PARKS:
According to the Master Parks Plan, the application area is within eight blocks of a park
or open space. This park area is along Rock Creek, which runs between the lanes of
Chenal Parkway.
April 26, 2007
ITEM NO.: E (Cont.) FILE NO.: LU07-18-01
3
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 covered under the Rock Creek Neighborhood Action Plan.
The Plan’s Office and Commercial goal states: “Adopt a policy of adhering to the Land
Use Plan. Amendments should be made very rarely, only with neighborhood input, and
only when it can be clearly demonstrated that the amendment will enhance the quality
of life in the Rock Creek Neighborhood.”
ANALYSIS:
The Land Use Plan along Kanis Road has been the subject of extensive study. This
area of Kanis is on the edge of development in the City of Little Rock. The last major
changes to take place along the Kanis corridor were the result of Ordinance 17,951 in
1999. This Ordinance changed most of the corridor to the categories that are now
shown. It has taken time, but these land use categories are beginning to be utilized with
the development of small offices and new residences. The Kanis area has emphasized
that lower intensity uses are the most desirable for the region. The Rock Creek
Neighborhood Action Plan specifically requested that the Future Land Use Plan be
adhered to more closely with very limited amendments.
This area has been growing almost continually over the past twenty years. The
changes made by Ordinance 17,951 have been in place for eight years. A change in
conditions should be identified for further modification of the plan. The application area
was changed under this ordinance from Transition and Neighborhood Commercial to
Mixed Office Commercial. Throughout this period of time, the use has remained mostly
single family with several Planned Office Developments for this section of Kanis. A
pattern of residential mixed with office uses is developing along Kanis. These land use
categories need to be used as a guide for the future development of the Kanis corridor.
The applicant has requested a change from Mixed Office Commercial to Service Trades
District to allow a mini storage facility. This would be an increase in the intensity of the
allowed uses for the site. Service Trades District provides for a selection of office,
warehousing and industrial park activities that are intended to serve other office, service
or industrial businesses. This land use category is ideally found near an industrial area
or a major intersection with access to the interstate. The application area is not near
any industrial or service businesses. The heavy truck traffic generally associated with a
Service Trades District is not desirable along Kanis Road. Any changes in development
along Kanis will have an impact on the amount of traffic. Service Trades District would
be better on a high traffic road in the area such as Chenal Parkway. The development
pattern to the north and west is predominately single family detached houses. Most of
April 26, 2007
ITEM NO.: E (Cont.) FILE NO.: LU07-18-01
4
the houses are of similar size and lot size, with a mix of large lot single family and
smaller lot subdivisions. To the east is planned for Suburban Office. There are
currently single family houses and single family houses that have been converted to
offices in this area. These buildings and any future Suburban Office or Single Family
buildings would all be on a similar scale. Service Trades District generally involves
large massive structures, and those large scale structures would overwhelm its
neighbors. This juxtaposition of opposing uses and massing can be detrimental to the
smaller scale residential homes.
This site is currently planned for Mixed Office Commercial. There are 24 acres of Mixed
Office Commercial at the intersection of Kanis and Cooper Orbit, and this amendment
would change 6 of those acres to Service Trades District. There is no other Mixed
Office Commercial or Commercial within one mile of this site. Service Trades District is
preferred at the intersection of two arterials. Kanis is a Minor Arterial and Kirby Road is
a Collector. While there is a demand for more Service Trades District in west Little
Rock, staff believes another site would be more suitable.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Gibraltar Heights
Pointe West Timber Ridge POA and Parkway Place Property Owners Association.
Staff has received two comments opposed to the change from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The item was placed on consent agenda for deferral at the request of the applicant.
By a vote of 10 for and 0 against the consent agenda was approved.
April 26, 2007
ITEM NO.: E.1 FILE NO.: Z-6245-A
NAME: ACME Self Storage Long-form PCD
LOCATION: Located on the Northeast corner of Kanis and Kirby Roads
DEVELOPER:
LGR Investment, LLC
404 E. Kiehl Avenue
North Little Rock, AR 72020
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 5.6 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-1, Neighborhood Commercial and R-2, Single-family
ALLOWED USES: Neighborhood Commercial uses and Single-family
Residential
PROPOSED ZONING: PCD
PROPOSED USE: Mini-warehouse
VARIANCES/WAIVERS REQUESTED: None requested.
On February 15, 2007, the applicant requested a deferral of this item to the April 12,
2007, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (MARCH 1, 2007)
The applicant was present. There were no registered objectors present. Staff stated on
February 15, 2007, the applicant submitted a requested for deferral of the item to the
April 12, 2007, public hearing. Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 9 ayes, 0 noes and 2 absent.
April 26, 2007
ITEM NO.: E.1 (Cont.) FILE NO.: Z-6245-A
2
STAFF UPDATE:
Staff recommends this item be deferred to the April 26, 2007, public hearing to allow
staff and the applicant additional time to review the proposed development and the
proposed street design to serve the development and the area. The Subdivision
Committee will review the proposed site plan at their April 5, 2007, committee meeting.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the April 26, 2007,
public hearing to allow staff and the applicant additional time to review the proposed
development and the proposed street design to serve the development and the area.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant submitted a request dated April 10, 2007, requesting a deferral of this
item to the May 24, 2007, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present representing the request. There were no registered objectors
present. Staff presented the item with a recommendation of deferral of the item to the
May 24, 2007, public hearing. Staff stated the applicant had requested the deferral on
April 12, 2007. Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: F FILE NO.: Z-5096-B
NAME: Woodlands Edge Conceptual Long-form PCD
LOCATION: Located on the Southeast corner of Kanis and Kirby Roads
DEVELOPER:
Rocket Properties, Inc.
2024 Arkansas Valley Drive
Little Rock, AR 72212
ENGINEER:
White Daters and Associates
24 Rahling Road
Little Rock, AR 72223
AREA: 14.54 acres NUMBER OF LOTS: 6 FT. NEW STREET: 1,100 LF
CURRENT ZONING: C-1, O-3 and PRD
ALLOWED USES: Neighborhood Commercial, General Office and Single-family
PROPOSED ZONING: PCD
PROPOSED USE: C-3, General Commercial District and O-3, General
Office District
VARIANCES/WAIVERS REQUESTED:
1. A five year deferral of the Master Street Plan requirements for Kanis Road.
A. PROPOSAL/REQUEST:
The developers are proposing the development of this 14.5 acre tract located at
the southeast corner of Kanis and Kirby Roads as a conceptual PCD. A six lot
plat/plan is proposed to establish uses and identify areas for future development.
Lots 1, 2, 3 and 6 are proposed with C-3, General Commercial District uses and
Lots 4 and 5 are proposed with O-3, General Office District uses. The zoning is
proposed to allow a transition from the commercial located to the north along
Kanis Road, an arterial street, and allow a “stepping down” in intensity from the
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
2
traditional style commercial to office to open space before entering the residential
portion of the Woodlands Edge Subdivision.
Rocket Properties is requesting a deferral of the full width street improvements to
Kanis Road until the lots fronting the street are developed or for five years
whichever occurs first. The developer is proposing the construction of a collector
street within the proposed plat/plan area to full Master Street Plan requirements.
B. EXISTING CONDITIONS:
The site is a wooded site located south of Kanis Road at the intersection with
Kirby Road. The western boundary is the City limits. The area appears to be
relatively flat. A branch of the Panther Creek is located along the southern
boundary of the PRD zoned tract. South of the site is an area which was
approved by the Commission at their April 12, 2007, public hearing for a
preliminary plat to allow the development of single-family homes in an extension
of Woodlands Edge Subdivision. To the east of the site are single-family homes,
both attached and detached, being constructed in a newly developing
subdivision, Taylor Park. Further east are residences located along White Road.
To the north of the site are also single-family homes located on large lots and
acreage. West of the site is vacant land currently zoned R-2, single-family,
which is outside the City limits. At the intersection of Kanis and Kirby Roads is a
site zoned C-1, Neighborhood Commercial and further north is a site zoned PRD
approved for the development of attached single-family homes.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from
area residents. All property owners located within 200-feet of the site, all
residents located within 300-feet of the site, who could be identified, along with
the Parkway Place Property Owners Association, the Gibralter Height/Point
West/Timber Ridge Neighborhood Association and the Spring Valley Manor
Property Owners Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
2. The proposed Woodlands Trail is classified on the Master Street Plan as a
collector street. A dedication of right-of-way of 60-feet will be required
where the entire street is within the property.
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
3
3. A 20 foot radial dedication of right-of-way is required at the intersection of
Kanis Road and proposed Woodlands Trail.
4. With the site development, provide the design of the street conforming to
the Master Street Plan. Construct half street improvements to Kanis Road
consisting of street widening to 29.5 feet from centerline including a 5-foot
sidewalk with the planned development.
5. With the site development, provide the design of the street conforming to
the Master Street Plan. Construct street improvements to Woodlands Trail
to 36 feet wide including sidewalks with the planned development.
6. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved prior to
the start of construction.
7. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1805 (Travis Herbner).
8. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
9. If disturbed area is 1 or more acres, obtain a NPDES storm water permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
10. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
11. Prepare a letter of pending development addressing streetlights as required
by Section 31-403 of the Little Rock code. Conduit for streetlights should be
installed with other utilities. Contact Traffic Engineering at 379-1813 (Steve
Philpott) for more information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements. Contact Little
Rock Wastewater Utility at 688-1414 for additional information.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A Capital Investment Charge
based on the size of connection(s) will apply to this project in addition to normal
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
4
charges. This fee will apply to all connections including metered connections off
the private fire system. A water main extension and 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 facilities. This development will
have minor impact on the existing water distribution system. Proposed water
facilities will be sized to provide adequate pressure and fire protection.
Fire Department: Install and place fire hydrants per code. Contact the Little Rock
Fire Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Ellis Mountain Planning District.
The Land Use Plan shows Mixed Office Commercial for the majority and
Park/Open Space on the south for this property. The applicant has applied for a
Planned Commercial Development for C-3 and O-3 uses.
The request does not require a change to the Land Use Plan if the applicant
commits to three lots of C-3 and three lots of O-3 permitted uses and accessory
uses using the Planned Development process for all. There are tracts allocated
on the plans to serve as the Park/Open Space buffer.
Master Street Plan: Kanis Road is shown as a Minor Arterial on the Master
Street Plan and Kirby Road is shown as a Collector. 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 Collector Street is to provide a connection from Local Streets to Arterials. A
proposed Collector is located on this site.
Bicycle Plan: A Class III bike route is shown proposed on Kirby Road and south
across Kanis Road. A Class III bikeway is a signed route on a street shared with
traffic. No additional paving or right-of-way is required. Class III bicycle route
signage may be required.
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.
Landscape: At the time of development a landscape plan will be required for
review and approval.
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
5
G. SUBDIVISION COMMITTEE COMMENT: (March 22, 2007)
Mr. Ron Tyne and Mr. Joe White were present representing the request. Staff
presented an overview of the proposed development indicating there were a
number of concerns related to the proposed site plan dealing primarily with the
street construction. Staff stated Woodlands Trail was indicated on the Master
Street Plan as a collector street. Staff stated the alignment of Woodlands Trails
should match Kirby Road to the north without an off-set or jog. Staff also stated
with the construction of Woodlands Trail a five way intersection was created
which would potentially create traffic conflicts in the area. Staff stated a number
of ideas had been discussed to eliminate the problem intersection one being
moving the collector street to the east along the applicant’s eastern property line.
Mr. White questioned if the owner and staff could get together to discuss the
issue outside the Subdivision Committee meeting and bring back a revised plan
to the Committee at a later date. Staff stated that was an agreeable solution.
Staff noted comments the other indicated comments and the comments from the
various other reporting departments and agencies. Staff suggested the applicant
contact them directly for additional information and clarification. There was no
further discussion of the item.
SUBDIVISION COMMITTEE COMMENT: (April 5, 2007)
Mr. Ron Tyne and Mr. Joe White were present representing the request. Staff
stated as requested by the Subdivision Committee the item was being returned
to them for review prior to the item being forwarded to the Commission for final
action. Three items were discussed simultaneously including the Woodlands
Edge Conceptual PCD (Z-5096-B), ACME Self-storage PCD (Z-6245-A) and
Crackerbox PCD (Z-6933-A).
Mr. White stated his firm had come up with a design of the street he felt would
adequately serve the immediate and future needs for the Kanis/Cooper
Orbit/Kirby Roads intersection. He stated he did not see the need for a
dedicated right turn lane on the north and south sides of Kanis Road. He stated
he felt two through lanes in each direction and a dedicated left turn lane were
adequate. He stated the Master Street Plan indicated Cooper Orbit Road to be
realigned and he felt once the realignment occurred there would not be a need
for dual lefts on Kanis Road at the intersection of Cooper Orbit and Kanis Roads.
Staff stated Traffic Engineering had raised a number of issues some related to
driveway locations. Staff stated the drives as indicated did not meet current
ordinance standards. Mr. Tyne questioned if staff would support a variance from
the typical ordinance standard. Staff suggested the applicant meet with the
Director of Public Works to determine if the right turn lanes were required and a
variance would be supported by staff.
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
6
There was no further discussion of the item. The Committee them forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the March 22, 2007, and April 5, 2007, Subdivision Committee
meetings. The applicant has addressed staff’s concerns related to the street
design for the Kanis/Cooper Orbit/Kirby Roads intersection. The applicant has
relocated the proposed collector street, Woodlands Trails, and placed the new
street approximately 400-feet East of the intersection of Kanis/Cooper Orbit/Kirby
Roads as typically required by the Master Street Plan for street and driveway
spacing. The revised plan also indicates the placement of a dedicated right turn
lane in each direction on Kanis Road, two through lanes in each direction and a
left turn lane from Kanis Road to Cooper Orbit Road.
The developer is requesting a five year deferral of the widening of Kanis Road.
According to the site plan Kanis Road will be dedicated to one-half of a 90-foot
right of way and improved to one-half of a 59-foot street with a five foot sidewalk.
Staff is supportive of a deferral of a portion of the improvements. Staff
recommends current construction include a taper and a right turn lane be added
to Kanis Road to allow slowing traffic to exit onto Woodlands Trails.
Woodlands Edge is proposed as a collector street with a sixty foot right of way
and 36-feet of pavement. Sidewalks have been indicated on each side of the
road as required by the Master Street Plan. The intersection of Woodlands Trail
and Kanis Road is shown with a dedicated left and a second lane indicated for
left, through and right turn movements.
The proposed drives have been indicated on the site plan. Two driveway
locations have been indicated on Kanis Road. The first drive a shared drive
between Lots 1 and 2 and will function as a full service drive with the exception of
no left turn movement out of the development will be allowed. The second drive
on Kanis Road is indicated near the center of Lot 6 and will function as a full
service drive allowing turn movements in and out of the development in all
directions. Driveways along Woodlands Trail are indicated on the proposed lot
lines of Lots 2 and 3 with a matching drive located across Woodlands Trail on Lot
6 and a shared drive on Lots 3 and 4 and across Woodlands Trails on the
proposed lot lines of Lots 5 and 6.
The development is proposed with six lots ranging in size from 34,500 square
feet (.79 acres) to 123,600 square feet (2.8 acres). The proposed plan also
indicates a tract of Green Space along the southern boundary of the site. The
Green Space Tract is located adjacent to an area identified with single-family lots
within the Woodlands Edge Subdivision preliminary plat which was approved by
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
7
the Planning Commission at their April 12, 2007, public hearing. The office and
commercial lots are more than adequate to meet the typical minimum standards
of office and commercially zoned property per the current ordinance standards.
The request includes the allowance of C-3, General Commercial District uses for
Lots 1, 2, 3 and 6 and O-3, General Office District uses and the allowance of 10
percent of the gross floor area as an allowable Accessory uses under the O-3
Zoning District for Lots 4 and 5. The request is a conceptual PCD to establish
uses with the proposed development plan being reviewed by the Commission
and Board of Directors at the time a development is secured to ensure
compliance with the typical minimum ordinance standards for landscaping,
buffering and typical building criteria including setbacks and height. Signage will
be addressed during the review of the final development plan as well.
Staff is somewhat supportive of the request but has concerns with allowing Lot 6
to become a commercial lot. The applicant is proposing a conceptual PCD to
establish uses and identify lot areas for future development. The site is indicated
on the City’s Future Land Use Plan as Mixed Office Commercial for the majority
of the site and Park/Open Space on the south for this property. The applicant
has applied for a Planned Commercial Development for C-3 and O-3 uses, which
is consistent with the Land Use Plan. The applicant has indicated the
development of four lots of C-3 or 5.2 acres and two lots or 5.5 acres of O-3
permitted uses and limited the accessory uses to 10 percent of the gross floor
area as typically allowed per the O-3 Zoning District. A tract containing
approximately 4 acres has been allocated on the plan to serve as the Park/Open
Space buffer along the southern perimeter. Staff’s concern with allowing Lot 6 to
develop as a commercial use is that staff feels Woodlands Trails is a logical
break for the Commercial activity allowing an Office transition from Woodlands
Trail easterly to the adjacent Suburban Office.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the April 26, 2007,
public hearing to allow staff and the applicant additional time to review the proposed
development and the proposed street design to serve the development and the area.
April 26, 2007
ITEM NO.: F (Cont.) FILE NO.: Z-5096-B
8
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item with a recommendation of approval. Staff
stated the applicant had agreed to limit the use of proposed Lot 6 to O-3 uses. Staff
stated with this amendment they were now supportive of the request. Staff also
presented a recommendation of approval of the applicant’s request for a deferral of the
Master Street Plan required construction to Kanis Road for five years or until adjacent
development occurred.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for approval. The motion carried by a
vote of 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: G FILE NO.: LU07-18-02
Name: Land Use Plan Amendment - Ellis Mountain Planning District
Location: Northwest corner of Kanis and Kirby Roads
Request: Mixed Office Commercial to Commercial
Source: Crackerbox, LLC, Terry Burruss, Architect
PROPOSAL / REQUEST:
The applicant has requested that this item be deferred to the April 26, 2007 agenda.
Staff is supportive of this request.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The Item was placed on consent agenda for deferral to April 26, 2007. By a vote of
10 for 0 against the consent agenda was approved.
STAFF UPDATE:
Land Use Plan amendment in the Ellis Mountain Planning District from Mixed Office
Commercial to Commercial. Commercial represents a broad range of retail and
wholesale sales. The applicant proposes to use this site for a convenience store with
gas pumps and a carwash.
EXISTING LAND USE AND ZONING:
The property is currently zoned C-1 and is 1.76 acres ± in size. The site is currently
vacant and outside of and adjacent to the Little Rock city limits. East of this site is
zoned C-1 and R-2 with three homes in good repair facing Kanis Road, a vacant
commercial building on the corner of Kanis and Kirby, two manufactured homes and
several accessory buildings on it. To the east and northeast is zoned R-2 Single Family
and has been developed with single-family subdivisions. The area to the northwest is
also zoned R-2, but it is mostly undeveloped. The intersection of Kanis and Cooper
Orbit just west of this application is zoned C-1 Neighborhood Commercial and is
currently undeveloped. To the southeast is a POD Planned Office Development for
single-family homes, patio homes and offices, which is in the construction phase. South
of this area is an expired Planned Residential Development that included some non-
residential use but has not developed. To the southwest of this site is more R-2 zoning
and it is currently undeveloped.
April 26, 2007
ITEM NO.: G (Cont.) FILE NO.: LU07-18-02
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The application area and the surrounding areas to the south and west are currently
planned for Mixed Office Commercial. Beyond the Mixed Office Commercial to the west
is Single Family. To the north is also planned for Single Family. To the east and
southeast is planned for Suburban Office. These areas were all amended in 1999
under Ordinance 17,951 in an effort to update the Kanis Corridor.
MASTER STREET PLAN:
Kanis Road is shown as a Minor Arterial on the Master Street Plan and Kirby Road is
shown as a Collector. 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. Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on Kanis Road since it is a Minor Arterial. The primary function
of a Collector Street is to provide a connection from Local Streets to Arterials.
BICYCLE PLAN:
A Class III bike route is shown proposed on Kirby and south across Kanis. A Class III
bikeway is a signed route on a street shared with traffic. No additional paving or right-
of-way is required. Class III bicycle route signage may be required.
PARKS:
According to the Master Parks Plan, the application area is within eight blocks of a park
or open space. This park area is along Rock Creek, which runs between the lanes of
Chenal Parkway.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant’s property lies in the area covered by the Rock Creek Neighborhood
Action Plan. The Office and Commercial Development goal states: “Encourage Little
Rock, not only in the Rock Creek Neighborhood but also citywide, to adhere to the
adopted Land Use Plan. Encourage a policy of reviewing the entire plan
comprehensively and thoughtfully every three to five years and making plan
amendments extremely rare.”
April 26, 2007
ITEM NO.: G (Cont.) FILE NO.: LU07-18-02
3
ANALYSIS:
The Land Use Plan along Kanis Road has been the subject of extensive study. This
area of Kanis is on the edge of development in the City of Little Rock. The last major
changes to take place along the Kanis corridor were the result of Ordinance 17,951 in
1999. This Ordinance changed most of the corridor to the categories that are now
shown. It has taken time, but these land use categories are beginning to be utilized with
the development of small offices and new residences. The Kanis area has emphasized
that lower intensity uses are the most desirable for the region. The Rock Creek
Neighborhood Action Plan specifically requested that the Future Land Use Plan be
adhered to more closely with very limited amendments.
This area has been growing almost continually over the past twenty years. The
changes made by Ordinance 17,951 have been in place for eight years. A change in
conditions should be identified for further modification of the plan. The application area
was changed under this ordinance from Transition and Neighborhood Commercial to
Mixed Office Commercial. Throughout this period of time, the use has remained mostly
single family with several Planned Office Developments for this section of Kanis. A
pattern of residential mixed with office uses is developing along Kanis. These land use
categories need to be used as a guide for the future development of the Kanis corridor.
The applicant has requested a change from Mixed Office Commercial to Commercial to
allow a gas station with a carwash. This would be an increase in the intensity of the
allowed uses for the site. Commercial provides for a broad range of retail and
wholesale sales of products, services and general business activities. Commercial
activities can vary greatly in type and scale, depending on the trade area they serve.
Any changes in development along Kanis will have an impact on the amount of traffic.
Commercial would be better on a high traffic road in the area such as Chenal Parkway.
The development pattern to the north and west is predominately single-family detached
houses. Most of the houses are of similar size and lot size, with a mix of large lot single
family and smaller lot subdivisions. To the east is planned for Mixed Office Commercial
and Suburban Office. There are currently single-family houses and single-family
houses that have been converted to offices in this area. These buildings and any future
Suburban Office or Single Family buildings would all be on a similar scale. Commercial
generally involves large massive structures, and those large-scale structures would
overwhelm its neighbors. This juxtaposition of opposing uses and massing can be
detrimental to the smaller scale residential homes.
This site is currently planned for Mixed Office Commercial. There are 24 acres of Mixed
Office Commercial at the intersection of Kanis and Cooper Orbit, and this amendment
would change two of those acres to Commercial. There is no other Mixed Office
Commercial or Commercial within one mile of this site.
April 26, 2007
ITEM NO.: G (Cont.) FILE NO.: LU07-18-02
4
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Gibraltar Heights Pointe
West Timber Ridge POA, Spring Valley Manor POA and Parkway Place Property
Owners Association. Staff has not received any comments from area residents
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
Walter Malone, Planning Staff, reviewed the existing conditions and Land Use in the
area surrounding the application. Mr. Malone reminded the Commission of the intent
to have lesser tension uses along Kanis Road to allow the Arterial to take on some of
the demands from other roads on the street network. Ms. Ruth Bell indicated that the
League of Woman Voters had been part of the previous planning efforts and agreed
on the need to maintain a lower intensity of uses along Kanis. See item G.1 Z-6933-A
Crackerbox PCD for a full minute record of the two items.
A motion was made to approve the Land Use Plan amendment. By a vote of 2 for,
6 against, 1 abstained (Adcock) and 2 absent the item failed.
April 26, 2007
ITEM NO.: G.1 FILE NO.: Z-6933-A
NAME: Crakerbox Short-form PCD
LOCATION: Located at 14100 Kanis Road
DEVELOPER:
Crackerbox LLC
LR Gardner
110 Crackerbox Lane
Hot Springs, AR 71913
SURVEYOR:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
ARCHITECT:
Terry Burruss Architects
1202 South Main Street, Suite 230
Little Rock, AR 72202
AREA: 1.76 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-1, Neighborhood Commercial
ALLOWED USES: Neighborhood Commercial
PROPOSED ZONING: PCD
PROPOSED USE: Convenience Store with Gas Pumps and Carwash
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 18,385 adopted by the Little Rock Board of Directors on December 12,
2000, rezoned 1.762 acres from R-2, Single-family to C-1, Neighborhood Commercial
District to allow for future commercial development. The right of way for Kanis Road and
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
2
Kirby Road was received from the owner through a Quit Claim Deed at the time of
rezoning.
A. PROPOSAL/REQUEST:
The developers are proposing the development of this 1.7 acre site located at the
northwest corner of Kanis and Kirby Roads with a convenience store with gas
pumps and a free standing carwash unit. The building is proposed with a total of
4,080 square feet. There are four gas pump island proposed to serve the site. A
canopy is proposed to cover the islands with a maximum height of 21-feet.
Fencing or dense evergreen plantings are proposed along the northern and
western perimeters of the site to screen the adjacent residentially zoned
properties.
The site plan indicates street construction per the Master Street Plan with the
addition of a right turn lane on Kirby Road and the addition of one and one-half
lanes on Kanis Road.
B. EXISTING CONDITIONS:
The site is located outside the City limits at the intersection of Kanis and Kirby
Roads. The site has been previously cleared and has a slight topography
change sloping downward from north to south. Kanis and Kirby Roads are
narrow roads and have not been constructed to Master Street Plan standard
abutting the site. Uses in the area are primarily residential uses. There is a
newly developing subdivision located to the southeast of the site being
constructed as attached and detached single-family homes. A site located to the
west is presently zoned PD-C and was approved for pet boarding and kenneling.
There is a commercial building located immediately west of the site currently
being used as what appears to be a second hand shop. North of the site is an
approved PD-R which was approved to allow the development of attached
single-family homes.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a number of informational phone calls from area
residents. All property owners located within 200-feet of the site, all residents
located within 300-feet of the site, who could be identified, along with the Parkway
Place Property Owners Association and the Spring Valley Manor Property Owners
Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Kirby Road is classified on the Master Street Plan as a collector street. A
dedication of right-of-way 30 feet from centerline will be required.
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
3
2. A 20 foot radial dedication of right-of-way is required at the intersection of
Kirby Road and Kanis Road.
3. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
4. With the site development, provide the design of the street conforming to
the Master Street Plan. Construct one-half street improvements to Kanis
Road consisting of 29 feet of street measured from the centerline to the
back of curb and a 5-foot sidewalk with the planned development.
Construct one-half street improvements to Kirby Road consisting of 18 feet
of street measured from the centerline to the back of curb and a 5-foot
sidewalk with the planned development. Dual left turn lanes on Kanis Road
for westbound left turns are required per Mater Street Plan with 250 feet
stack distance and taper lengths per AASHTO standards. Provide overall
intersection design. Include calculations showing design will meet design
traffic capacities. Determine whether signilization is required for acceptable
operation. A westbound right turn lane is required per Master Street Plan
with 250 feet stack distance and a 150 foot taper. Contact Bill Henry, Traffic
Engineering at 379-1816 for additional information.
5. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36 feet. The driveway on Kirby Road must be located 250 feet
from the intersection of Kanis Road. The driveway on Kanis Road must be
located at least 300 feet from the intersection with Kirby Road.
6. In accordance with Section 32-8, no obstruction to visibility shall be located
within a triangular area 50 feet back from the intersecting right-of-way line
(or intersecting tangent lines for radial dedications) at the intersection of
Kanis Road with Kirby Road.
7. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1805 (Travis Herbner).
8. If disturbed area is 1 or more acres, obtain a NPDES storm water permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
9. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
10. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
11. Prepare a letter of pending development addressing streetlights as required
by Section 31-403 of the Little Rock code. Conduit for streetlights should be
installed with other utilities. Contact Traffic Engineering at 379-1813 (Steve
Philpott) for more information.
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
4
12. The applicant should work with adjacent property owners including those
across Kanis Road to construct his portion of improvements to the
intersection of Kirby, Kanis, proposed Woodlands Trail, and Cooper Orbit to
meet AASHTO design standards. The new intersection design may require
the realignment of Kirby Road and Cooper Orbit Road, dedication of
additional right-of-way, and intersection improvements.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside the City limits. Annexation is required to received City
services. Sewer main extension required, with easements.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
Central Arkansas Water: 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). Contact Central Arkansas Water if
larger and/or additional meters are required. A Capital Investment Charge based
on the size of the meter connection(s) will apply to this project in addition to
normal charges for additional and/or larger meter(s). Due to the nature of this
facility, installation of an approved reduced pressure zone backflow preventer
assembly (RPZA) is required on the domestic water service. This assembly must
be installed prior to the first point of use. Central Arkansas Water (CAW) requires
that upon installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of Arkansas and
approved by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact Carroll
Keatts at 377-1226 if you would like to discuss backflow prevention requirements
for this project.
Fire Department: Install and place fire hydrants per code. Contact the Little
Rock Fire Department for additional information.
County Planning: No comment received.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Ellis Mountain Planning District.
The Land Use Plan shows Mixed Office Commercial for this property. The
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
5
applicant has applied for a Planned Commercial Development for a convenience
store with gas pumps and carwash.
A land use plan amendment for a change to Commercial is a separate item on
this agenda (LU07-18-02).
Master Street Plan: Kanis Road is shown as a Minor Arterial on the Master
Street Plan and Kirby Road is shown as a Collector. 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. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on Kanis
Road since it is a Minor Arterial. The primary function of a Collector Street is to
provide a connection from Local Streets to Arterials.
Bicycle Plan: A Class III bike route is shown proposed on Kirby Road and south
across Kanis Road. A Class III bikeway is a signed route on a street shared with
traffic. No additional paving or right-of-way is required. Class III bicycle route
signage may be required.
City Recognized Neighborhood Action Plan: The applicant’s property lies in the
area covered by the Rock Creek Neighborhood Action Plan. The Office and
Commercial Development goal states: “Encourage Little Rock, not only in the
Rock Creek Neighborhood but also citywide, to adhere to the adopted Land Use
Plan. Encourage a policy of reviewing the entire plan comprehensively and
thoughtfully every three to five years and making plan amendments extremely
rare.”
Landscape:
1. Property to the north is zoned residential, therefore, the zoning ordinance
requires average twenty-one (21’) foot wide land use buffers along this
northern perimeter. Easements cannot count toward fulfilling this
requirement.
2. Property to the west is zoned residential, therefore, the zoning ordinance
requires average twelve (12’) foot wide land use buffers along this perimeter.
Easements cannot count toward fulfilling this requirement.
3. The zoning street buffer ordinance requires an average twenty-one foot wide
(21’) street buffer along Kanis Road. Currently, this site is not meeting this
minimum requirement.
4. The zoning buffer ordinance requires an average twelve foot wide (12’) street
buffer along Kirby Road. Currently this is minimum average is not being met.
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
6
5. The landscape ordinance requires a minimum of 8 % of the paved areas be
landscaped with interior islands of at least 7 ½ feet in width and 150 square
feet in area. Proposed plan does not currently reflect this minimum.
6. A small amount of building landscaping is required to be located between the
parking lot and the building.
7. A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along the
northern and western perimeters of the site. Credit towards fulfilling this
requirement can be given for existing trees and undergrowth that satisfies this
year-around requirement.
8. An automatic irrigation system to water landscaped areas will be required.
9. The City Beautiful Commission recommends preserving as many existing
trees as feasible on tree covered sites. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6) inch
caliper or larger.
G. SUBDIVISION COMMITTEE COMMENT: (March 22, 2007)
Mr. Terry Burruss was present representing the request. Staff presented an
overview of the proposed development indicating there were concerns related to
the overall street network in the area for the development. Staff noted
applications were currently being considered for the northeast, southeast and
northwest corner of Kanis/Woodlands Trail/Kirby/Cooper Orbit Roads
intersection. Staff stated with the development as proposed a five way
intersection would be created causing serious traffic concerns. Staff noted there
were additional items necessary on the site plan to complete the review process
and requested Mr. Burruss provide the indicated information.
Staff questioned the days and hours of operation for the proposed convenience
store and the proposed signage plan. Staff noted the carwash facility was
located adjacent to residentially zoned and used property.
Public Works comments were addressed. Staff stated dedications would be
required per the Master Street Plan. Staff also stated they were not supportive of
a deferral of the required street improvements for the abutting roadways.
Landscaping comments were addressed. Staff stated the property was located
adjacent to residentially zoned and used property. Staff stated screening would
be required per the City of Little Rock’s minimum ordinance standard. Staff
stated irrigation would be required and at the time of development a registered
landscape plan would be required.
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
7
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification. There was no further discussion of the item.
SUBDIVISION COMMITTEE COMMENT: (April 5, 2007)
Mr. Terry Burruss was present representing the request. Staff stated as
requested by the Subdivision Committee at the March 22, 2007, committee
meeting the item was being returned to the Committee for further review prior to
the item being forwarded to the Commission for final action. Three items were
discussed simultaneously including the Woodlands Edge Conceptual
PCD (Z-5096-B), ACME Self-storage PCD (Z-6245-A) and Crackerbox PCD
(Z-6933-A).
Mr. Terry Burruss questioned the required improvements to Kirby Road for the
development as proposed. Staff stated a dedicated right turn lane would be
required and the addition of a lane and one-half would be required on Kanis
Road. Staff stated the indicated driveway locations would be adequate to meet
the required driveway spacing criteria.
There was no further discussion of the item. The Committee them forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
technical issues associated with the request raised at the March 22, 2007, and
April 5, 2007, Subdivision Committee meetings. The applicant has provided the
street design per the recommendation of Public Works staff. The applicant has
also relocated the proposed carwash facility away from the residentially zoned
and used property located to the north. The applicant has provided the days
and hours of operation and the proposed signage plan.
The site plan indicates the placement of signage both ground mounted and
building signage. A single ground mounted sign will be placed near the
intersection of the two roadways. The sign will have a maximum height of
12-feet and a maximum length of 14-feet. The sign will have an automatic reader
display. The building will have signage two feet in height and 18-feet in length.
The canopy signage has a “V” logo with a diameter of two-feet and is located
three times on the canopy. No pricing signage will be placed on the canopy.
The business name is also part of the canopy signage with one location on the
canopy fascia.
The hours of operation are proposed from 5 am to 11 pm Sunday through
Thursday and 5 am to midnight Friday and Saturday. The lighting is proposed as
low level and directed away from the neighboring properties. The building height
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
8
proposed is a maximum of 18-feet. An arched entry canopy with a maximum
height of 21-feet is also proposed. The carwash facility will have a maximum
building height of 14-feet.
Staff is not supportive of the request. The proposed request is inconsistent with
the City’s Future Land Use Plan which requires a change from the present Mixed
Office Commercial Land Use Classification to Commercial and is a separate item
on this agenda. In addition to the proposed use being inconsistent with the City’s
Future Land Use Plan staff is also concerned with the potential impacts a
convenience store with gas pumps and a carwash may have on the adjacent
residentially zoned and used property. The property to the northwest is part of
the Parkway Place Subdivision and the property to the north was approved as a
PD-R to allow the development of an attached single-family subdivision.
Typically convenience stores generate a great deal of noise related to automobile
traffic and the over-spilling of vehicle noise into the neighborhood. In addition,
convenience stores typically have bright lighting, which could also potentially spill
over into adjacent properties and the roadway. The site is presently zoned C-1,
Neighborhood Commercial District which allows for commercial uses typically
designed to accommodate limited retail development within or adjacent to
neighborhood areas for the purpose of supplying daily household needs of the
residents for food, drugs and personal services. Commercial uses within the
district should not depend on market areas larger than the neighborhood
serviced. Staff does not feel a convenience store meets this criteria and does
not feel this is an appropriate location for a convenience store.
I. STAFF RECOMMENDATIONS:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral of the item to the April 26, 2007,
public hearing to allow staff and the applicant additional time to review the proposed
development and the proposed street design to serve the development and the area.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present representing the request. There were registered objectors
present. The proposed land use plan amendment and the rezoning were discussed
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
9
simultaneously. See item G for the staff write-up and minute record associated with the
land use plan.
Staff presented the proposed rezoning from C-1 to PCD with a recommendation of
denial. Mr. Terry Burruss addressed the Commission on behalf of the applicant. He
stated the owner had researched sites for a convenience store and this site was
suitable based on traffic patterns and proximity to other convenience stores. He stated
convenience stores do not create traffic but respond to traffic. He stated Kanis Road
was a five lane arterial and Kirby Road was a four lane collector street. He stated the
site was located ½ mile for Baker Elementary School and ¼ mile from the nearest
church. He stated the area to the north was zoned for a residential development through
a PD-R but the PD-R was set to expire in August of 2007 unless the Commission
granted an extension.
Mr. Burruss stated the store would have limited hours, the lighting would be conducive
to the adjoining neighborhood and the site was currently zoned for commercial activity.
He stated with a conditional use permit the convenience store with gas pumps was an
allowable use under the current zoning. He stated based on the carwash component
staff had suggested a Planned Development application request. Mr. Burruss stated
the site would fully comply with the typical minimum ordinance standards for
landscaping, building setbacks and building heights.
Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the
League of Women Voters were very supportive of the Kanis Road planning efforts and
the Kanis Road Plan. She stated the people had indicated a desire for the intense
commercial to be located along Chenal Parkway and Kanis Road to be developed with
lesser intensity uses of office and residential with limited commercial activity. She
stated the request to rezone the site from C-1 to a C-4 use was a jump in her opinion.
She stated the request to allow the use would generate a great deal of traffic on a two
lane road.
Mr. Cliff McKinney addressed the Commission in opposition of the request. He stated
he was Vice President of the Parkway Place Neighborhood Association. He stated the
neighborhood association was opposed to allowing the use of the site with a
convenience store as proposed. He stated the neighborhood felt the site should
develop as a commercial development that would serve the neighborhood and not
create a commercial destination. He stated the neighborhood was not opposed to
development along the corridor and knew the area would develop with retail activities
but felt the proposed uses should adhere to the approved plan. Mr. McKinney stated
the area was designated for quiet office and commercial uses. He stated the allowance
of a convenience store would change the character of the neighborhood for future
developments and uses. He stated the neighborhood was aware Kirby Road was a
collector street and realized the traffic the street would someday carry. He stated Kirby
Road was a dangerous road due to the narrowness and the open ditches for drainage
and the speed cars traveled. He stated the neighborhood was in the process of
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
10
contacting staff to assist them in developing a solution for the speeding problem and the
blind hill located on Kirby Road.
Mr. McKinney stated the neighborhood felt if request was approved there should be
limits placed on the approval. He stated lighting should comply with dark sky principles,
the hours of operation limited and eliminate the sale of alcohol. He stated the sign
should be light with low level lighting and be turned off when the store was closed.
The Commission questioned if the neighborhood association had voted on the request.
Mr. McKinney stated the neighborhood association had not met. He stated the
association had elected a group of officers which met and voted on specific issues
related to the neighborhood. He stated if a problem arose then an association meeting
was called to receive comment from the entire association and take a vote on the issue.
Ms. Kathryn Roset addressed the Commission in opposition of the request. She stated
her home was located on White Road and the residents of White Road did not feel a
convenience store was desirable for the area. She stated the residents were aware the
area would develop with retail uses but felt the uses should serve the area residents
and not create additional traffic to the area.
Ms. Lenice Garrison addressed the Commission in opposition of the request. She
stated she was the former President of the Parkway Place Neighborhood Association.
She stated the Board represented over 700 homes in the Parkway Place Subdivision.
She stated in 2003 or 2004 the residents were down before the Commission in full force
to oppose a rezoning on the western limits of the neighborhood for a rezoning from O-2
to C-4 to allow a car lot to locate on the site. She stated the neighborhood was oppose
to the allowance of C-4 uses in such close proximity to the residences. She stated the
site should be developed with light commercial uses as well as the entire corridor as
indicated on the City’s plan.
Mr. Lewis Gardner addressed the Commission as the owner. He stated he owned
25 stores in Arkansas. He stated the Kanis site was the best example of a property that
needed a convenience store. He stated the area to the west was developing with
residential both single family and apartments. He stated the new homes would need a
place to trade. He stated the ABC regulations did not require a spacing distance
between churches and schools for the sale of alcohol. He stated the company would
make a 2.7 million dollar investment in the construction of the building and street
improvements. He stated the building would be an asset to the neighborhood.
Mr. Burruss stated the owner was willing to commit to dark sky lighting, developing the
site as a neighborhood convenience store, and limiting the illumination of the sign to the
open hours of the store. He stated the store hours would be limited to 10 pm Sunday
through Thursday and 11 pm on Friday and Saturday. He stated additional landscaping
would be added along the eastern and western perimeters of the site at one and
April 26, 2007
ITEM NO.: G.1 (Cont.) FILE NO.: Z-6933-A
11
one-half times the typical minimum ordinance standard. He stated the signage was
proposed with a maximum height of 12-feet and a maximum length of 14-feet. The
Commission questioned if any additional signage was being proposed. Mr. Burruss
stated the pricing would be placed on the ground sign only.
The Commission questioned if the hours of operation could be changed to a 24-hour
facility. Ms. Cindy Dawson, Deputy City Attorney, stated the application request did not
allow 24-hour operation.
The Commission questioned if liquor sales would be allowed on the site as presently
zoned. Staff stated to be allowed liquor sales as a by right use the site would require
C-2 or C-3 zoning.
The Commission questioned staff if a 24-hour pharmacy such as a Wal-Greens or a
laundry would be allowed on the site. Staff stated theses were allowable uses under
the C-1, Neighborhood Commercial zoning classification.
A motion was made to approve the land use plan amendment. The motion failed by a
vote of 2 ayes, 6 noes, 2 absent and 1 abstention (Commission Pam Adcock).
A motion was made to approve the request as amended including the dark sky, the
limited hours, the increased landscaping and turning off the sign during non operational
hours. The motion failed by a vote of 5 ayes, 3 noes, 2 absent and 1 abstention
(Commissioner Pam Adcock).
April 26, 2007
ITEM NO.: H
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
April 26, 2007
ITEM NO.: H (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
April 26, 2007
ITEM NO.: H (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).
STAFF UPDATE:
The Midtown Advisory Board shall review possible modifications to the overlay
including a boundary change and exemption of single-family use and zoning land
at their February 23, 2007 meeting.
PLANNING COMMISSION ACTION: (MARCH 1, 2007)
The item was placed on consent agenda for deferral to April 12, 2007 at the
request of Staff and The Midtown Advisory Board. The consent agenda was
approved by a vote of 9 for, 0 against and 2 absent.
STAFF UPDATE:
In response to concerns raised by a major property owner, representatives on
the Midtown Advisory Board met with representatives of Little Rock Medical
Associates to discuss the draft overlay. As a result of the discussion revisions
were developed and on March 22, 2007 the Midtown Advisory Board did
recommend the Design Overlay with changes to the Planning Commission.
These changes are to add: a generalized location in the boundary section;
exclude parking garages from the area calculations; add alternatives to the mix
ratios depending on where the secondary use may be located; add a bonus for
integration a parking structure in to the main structure; allow free standing
signage which is a part of the architectural theme of the overall development; and
change the setbacks from ‘shall’ to ‘may’.
April 26, 2007
ITEM NO.: H (Cont.)
4
The Advisory Board unanimously supported the changes after some review and
discussion. City Staff remains supportive of the requested package of changes
to the Midtown Design Overlay District.
PLANNING COMMISSION ACTION: (APRIL 12, 2007)
The Item was placed on consent agenda for deferral to April 26, 2007. By a vote
of 10 for 0 against the consent agenda was approved.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
All issues were resolved and the item was placed on consent agenda for
approval. By a vote of 9 for, 0 against 1 recuse (Yates) the consent agenda was
approved.
April 26, 2007
ITEM NO.: 1 FILE NO.: G-23-380
Name: Polk Street – Right -of-Way Abandonment
Location: Adjacent to 5505 Hawthorne Road
(Lot 1, Block 8, Newton’s Addition)
Owner/Applicant: Kenneth G. McRae, IV/Stephen R. Giles
Request: To abandon the west 15 feet of the Polk Street
right-of-way (15 feet by 140 feet) located
adjacent to Lot 1, Block 8, Newton’s Addition to
the City of Little Rock.
Purpose: To incorporate the area of abandonment into the
adjacent single-family residential lot.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. One (1) of the utilities requests
that the entire area of abandonment be retained as a utility easement.
The Public Works comment is as follows:
1. Due to the sight distance problem for vehicles caused by the
landscaping along Polk Street, the bushes located within thirty (30) feet
of the curb on Hawthorne Street should be pruned and maintained not
to exceed thirty (30) inches high. Any limbs of any trees in this thirty
(30) foot area should be removed to seven (7) feet from the ground.
2. A 20-foot radial dedication of right-of-way is required at the intersection
of Polk and Hawthorne Road.
B. Master Street Plan:
There are no Master Street Plan issues, as the right-of-way is not
classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The area of abandonment is currently undeveloped and used as yard
space for the residence at 5505 Hawthorne Road.
April 26, 2007
ITEM NO.: 1 (Cont.) FILE NO.: G-23-380
2
D. Development Potential
After abandonment, the area of abandonment will be incorporated into the
adjacent single-family lot as yard space.
E. Neighborhood and Land Use Effect
The area of proposed abandonment is surrounded entirely by R-2 zoned
property and single family residences.
F. Neighborhood Position
The Heights Neighborhood Association was notified of the abandonment
request. As of this writing, staff knows of no objectors to the
abandonment request.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain area of abandonment
as a utility easement.
Entergy: No objection to abandonment.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment.
Water: No objection to abandonment.
H. Reversionary Rights
The Polk Street right-of-way was dedicated with the original subdivision of
Newton’s Addition to the City of Little Rock. The reversionary rights will
extend to the owner of Lot 1, Block 8, Newton’s Addition for this portion of
the west half of the right-of-way.
I. Public Welfare and Safety Issues
Abandoning this small portion of Polk Street right-of-way will have no
adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
April 26, 2007
ITEM NO.: 1 (Cont.) FILE NO.: G-23-380
3
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
Stephen Giles was present, representing the application. Staff presented the
application, noting that additional documentation was needed. Mr. Giles
submitted utility letters and other documents to staff.
Mr. Giles briefly discussed the right-of-way abandonment. The Public Works
comments were discussed.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 15-foot by 140-foot
portion of the Polk Street right-of-way located adjacent to Lot 1, Block 8,
Newton’s Addition, subject to the area of abandonment being retained as a utility
and drainage easement.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 nays and 1 absent. The application was
approved.
April 26, 2007
ITEM NO.: 2 FILE NO.: G-23-381
Name: Alley Right -of-Way Abandonment
Location: Block 11, Original City of Little Rock (block
bounded by Main Street, Scott Street, East 10th
Street and I-630)
Owner/Applicant: Various owners/Stephen Morley, Morley Law
Firm, PLLC
Request: To abandon the 20-foot wide north/south alley
right-of-way located within Block 11, Original City
of Little Rock.
Purpose: To incorporate the area of abandonment into the
adjacent lots to the east and west to close off
vehicular and pedestrian traffic.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. Four (4) of the utilities request
all or part of the area of abandonment be retained as a utility easement.
The Public Works Comments are as follows:
1. Drainage easements should be maintained in the right-of-way to
convey storm water from adjacent property.
2. Customers of the hardware store use this alley for access to West 10th
Street due to the confined parking area and configuration and traffic
volumes on Main Street.
B. Master Street Plan:
There are no Master Street Plan issues, as the right-of-way is not
classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The alley right-of-way currently serves as though access from East 10th
Street to the I-630 Access road.
April 26, 2007
ITEM NO.: 2 (Cont.) FILE NO.: G-23-381
2
D. Development Potential
After abandonment, title to the property will revert to the property owners
along the east and west sides of the alley right-of-way. The applicant has
noted an intent to close off the alley right-of-way to vehicular and
pedestrian traffic.
E. Neighborhood and Land Use Effect
The area of abandonment is surrounded entirely by UU (Urban Use
District) zoned property. The block contains a mixture of office,
commercial and residential uses.
F. Neighborhood Position
The MacArthur Park and Downtown Neighborhood Associations were
notified of the public hearing. As of this writing, three (3) of the six (6)
owners of property abutting the alley right-of-way have signed the petition
to abandon. The other three (3) will be notified of the public hearing. At
this time, staff knows of no objectors to the abandonment request.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain entire area of
abandonment as a utility easement.
Entergy: No objection to abandonment. Retain entire area of
abandonment as a utility easement.
Centerpoint Energy: No objection to abandonment. Retain 10-foot utility
easement with ingress and egress.
AT&T (SBC): No objection to abandonment. Retain 10-foot utility
easement.
Water: No objection to abandonment.
H. Reversionary Rights
This alley right-of-way was dedicated with the Original City of Little Rock
Subdivision. The reversionary rights will extend equally to the property
owners along the east and west sides of the alley right-of-way.
April 26, 2007
ITEM NO.: 2 (Cont.) FILE NO.: G-23-381
3
I. Public Welfare and Safety Issues
Abandoning this alley right-of-way will have no adverse impact on the
public welfare and safety. The Little Rock Fire Department has expressed
no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
Stephen Morley was present, representing the application. Staff briefly described
the right-of-way abandonment request. Staff noted that all of the abutting
property owners had not signed the petition to abandon, but will be notified of the
request.
There was a question from the Committee about use of the alley right-of-way
area after abandonment. Mr. Morley noted that it would be secured to prohibit
traffic.
After the discussion, the Committee forwarded the issue to the full Commission
for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 20-foot wide north/south
alley right-of-way located within Block 11, Original City of Little Rock, subject to
the entire area of right-of-way being retained as a utility and drainage easement.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 nays and 1 absent. The application was
approved.
April 26, 2007
ITEM NO.: 3 FILE NO.: G-23-382
Name: Alley Right -of-Way Abandonment
Location: Adjacent to 2208/2210 Marshall Street (Block 15,
Fleming and Bradford’s Addition)
Owner/Applicant: Glen and Demetra Brown
Request: To abandon the east 120 feet (20 feet by 120
feet) of the alley right-of-way located within Block
15, Fleming and Bradford’s Addition (adjacent to
2208/2210 Marshall Street).
Purpose: To incorporate the area of abandonment into the
adjacent residential lot to the north for use as a
driveway and yard space.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the alley right-of-way abandonment. Three (3) of the utility
companies request the entire area of abandonment be retained as a utility
easement. The Public Works comment is as follows:
1. Drainage easements should be maintained in the right-of-way to
convey storm water from adjacent property.
B. Master Street Plan:
There are no Master Street Plan issues, as the right-of-way is not
classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The area of abandonment is currently undeveloped and serves as a gravel
driveway for the duplex at 2208/2210 Marshall Street.
D. Development Potential
After abandonment, the property owners immediately to the north propose
continued use of the right-of-way area for an access drive. They will need
April 26, 2007
ITEM NO.: 3 (Cont.) FILE NO.: G-23-382
2
to work with the property owner immediately south (Greater Archview
Baptist Church) on this issue.
E. Neighborhood and Land Use Effect
The area of proposed abandonment is surrounded entirely by R-4 zoned
property. There is a church within the south half of the block, with single
family and two-family residences within the north half of the block.
F. Neighborhood Position
The Wright Avenue, Central High and Downtown Neighborhood
Associations were notified of the abandonment request. The abutting
property owner to the south (Greater Archview Baptist Church) is not a
party to the abandonment request at this time. They along with all other
owners of property within this block will be notified of the abandonment
request. As of this writing, staff knows of no objectors to the
abandonment request.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain entire area of
abandonment as a utility easement.
Entergy: No objection to abandonment. Retain entire area of
abandonment as a utility easement.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment. Retain entire area of
abandonment as a utility easement.
Water: No objection to abandonment.
H. Reversionary Rights
The alley right-of-way was dedicated with the Fleming and Bradford’s
Addition in March, 1892. The reversionary rights will extend equally
between the property owners along the north and south sides of the
portion of alley right-of-way to be abandoned.
I. Public Welfare and Safety Issues
Abandoning the small portion of this alley right-of-way will have no
adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
April 26, 2007
ITEM NO.: 3 (Cont.) FILE NO.: G-23-382
3
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
Dee Brown was present, representing the application. Staff briefly described the
abandonment request. Staff noted that the property owner immediately to the
north was a church who had not signed the petition to abandon, but was
considering doing so.
The utility comments were briefly discussed. Staff noted that three (3) of the
utility companies requested the entire area of abandonment be retained as a
utility easement.
After the discussion, the Committee forwarded the issue to the full Commission
for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the east 120 feet (20 feet by
120 feet) of the alley right-of-way within Block 15, Fleming and Bradford’s
Addition, subject to the entire area of abandonment being retained as a utility and
drainage easement.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 nays and 1 absent. The application was
approved.
April 26, 2007
ITEM NO.: 4 FILE NO.: G-23-383
Name: Van Buren Street – Right -of-Way Abandonment
Location: Adjacent to 5101 Hawthorne Road
(Lot 1, Block 12, Newton’s Addition)
Owner/Applicant: Thomas and Paige Rystrom
Request: To abandon the west 15 feet of the Van Buren
Street right-of-way (15 feet by 140 feet) located
adjacent to Lot 1, Block 12, Newton’s Addition to
the City of Little Rock.
Purpose: To incorporate the area of abandonment into the
adjacent single family residential lot.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. Three (3) of the utilities request
all or part of the area of abandonment be retained as a utility easement.
The Public Works comment is as follows:
1. A 20-foot radial dedication of right-of-way is required at the intersection
of Hawthorne Road and Van Buren Street.
B. Master Street Plan:
There are no Master Street Plan issues, as the right-of-way is not
classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The area of abandonment is currently undeveloped and used as yard
space for the residence at 5101 Hawthorne Road.
D. Development Potential
After abandonment, the area of abandonment will be incorporated into the
adjacent single-family lot as yard space.
April 26, 2007
ITEM NO.: 4 (Cont.) FILE NO.: G-23-383
2
E. Neighborhood and Land Use Effect
The area of proposed abandonment is surrounded entirely by R-2 zoned
property and single-family residences.
F. Neighborhood Position
The Heights Neighborhood Association was notified of the abandonment
request. As of this writing, staff knows of no objectors to the abandonment
request.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain entire area of
abandonment as a utility easement.
Entergy: No objection to abandonment. The east ten (10) feet of the west
fifteen (15) feet must be retained as a utility easement.
Centerpoint Energy: No objection to abandonment. Retain ten (10) foot
utility easement with ingress and egress.
AT&T (SBC): No objection to abandonment.
Water: No objection to abandonment.
H. Reversionary Rights
The Van Buren Street right-of-way was dedicated with the original
subdivision of Newton’s Addition to the City of Little Rock. The
reversionary rights will extend to the owner of Lot 1, Block 12, Newton’s
Addition for this portion of the west half of the right-of-way.
I. Public Welfare and Safety Issues
Abandoning this small portion of Van Buren Street right-of-way will have
no adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
Tom Rystrom was present, representing the application. Staff presented the
application, noting that the abstract list of abutting property owners needed to be
submitted.
April 26, 2007
ITEM NO.: 4 (Cont.) FILE NO.: G-23-383
3
The utility comments were briefly discussed. Staff noted that three (3) of the
utilities requested all or part of the area of abandonment be retained as a utility
easement.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 15-foot by 140-foot
portion of the Van Buren Street right-of-way located adjacent to Lot 1, Block 12,
Newton’s Addition, subject to the area of abandonment being retained as a utility
and drainage easement.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
Staff informed the Commission that the application needed to be deferred to the
June 7, 2007 Agenda as the applicant failed to complete the required notification
of abutting property owners. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the June 7, 2007 Agenda. A motion to that effect
was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
April 26, 2007
ITEM NO.: 5 FILE NO.: G-23-384
Name: First Tee Way – Right -of-Way Abandonment
Location: Adjacent to 4520 S. University Avenue
Owner/Applicant: Darragh Investment Co./
White-Daters and Associates
Request: To abandon the north 15 feet of the First Tee
Way excess right-of-way (15 feet by
approximately 200 feet, tapering to 0 feet to the
east and west) located adjacent to 4520 S.
University Avenue. First Tee Way is currently a
100-foot wide right-of-way at this location.
Purpose: To incorporate the area of abandonment into the
property immediately to the north for redesign
and reconstruction of a parking lot which
currently extends into the public right-of-way.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. None of the utilities request the
area be retained as an easement. The Public Works Comments are as
follows:
1. Due to the proposed signalization project at the First Tee Way/University
Avenue intersection, right-of-way for this project is needed measured 15
feet from the back of the curb for a total of 35 feet from the centerline for
the entire frontage of the property. Public Works recommends
abandonment of the right-of-way beyond the first 15 feet but requires it
to be maintained as an drainage and/or utility easements.
2. Obtain a franchise agreement from Public Works (John Barr,
381-4646) for any improvements located in the right-of-way.
April 26, 2007
ITEM NO.: 5 (Cont.) FILE NO.: G-23-384
2
B. Master Street Plan:
There are no Master Street Plan issues, as the right-of-way is not
classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The area of abandonment currently contains a portion of a parking lot
which serves the ITT Technical Institute at 4520 S. University Avenue.
D. Development Potential
After abandonment, the applicant has plans to reconstruct the parking lot,
moving it out of the right-of-way (after abandonment), and provide the
appropriate street landscaping.
E. Neighborhood and Land Use Effect
The property immediately north of the right-of-way is occupied by ITT
Technical Institute and is zoned C-3. The property to the south contains
an auto dealership.
F. Neighborhood Position
The SWLR United for Progress Neighborhood Association was notified of
the abandonment request. As of this writing, staff knows of no objectors
to the abandonment request.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment.
Entergy: No objection to abandonment.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment.
Water: No objection to abandonment.
H. Reversionary Rights
According to an abstract company, the right-of-way was dedicated in
August, 1963. The dedication deed contained no reversionary clauses.
Therefore, the excess right-of-way will revert to the adjacent property
owner to the north.
April 26, 2007
ITEM NO.: 5 (Cont.) FILE NO.: G-23-384
3
I. Public Welfare and Safety Issues
Abandoning this alley right-of-way will have no adverse impact on the
public welfare and safety. The Little Rock Fire Department has expressed
no objection to the abandonment request, but notes access to fire
hydrants must be maintained.
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
Joe White was present, representing the application. Staff briefly described the
abandonment request. Staff noted that letters from all public utility companies
were needed.
The Public Works issues were briefly discussed. It was noted that only 15 feet of
the excess right-of-way could be abandoned based on the future signalization
project at intersection of First Tee Way and S. University Avenue. Mr. White
indicated that a parking plan would be designed accordingly.
The issue of amount of right-of-way to be abandoned and the redesign of the ITT
parking lot was discussed further.
After the discussion, the Committee forwarded the issue to the full Commission
for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the north 15 feet of the First
Tee Way excess right-of-way (15 feet by approximately 200 feet, tapering to
0 feet to the east and west) located adjacent to 4520 S. University Avenue,
subject to the entire area of abandonment being retained as a utility and drainage
easement.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 nays and 1 absent. The application was
approved.
April 26, 2007
ITEM NO.: 6 FILE NO.: Z-8199
NAME: Mayer House Bed and Breakfast –
Special Use Permit
LOCATION: 2016 S. Battery Street
OWNER: Claretha Nelson
APPLICANT: Kwendeche
PROPOSAL: A Special Use Permit is requested to allow the
single family residential structure on the R-4 zoned
property at 2016 S. Battery Street to be converted
to a bed and breakfast.
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 Wright Avenue, Central
High and Downtown Neighborhood Associations were notified of the
public hearing.
B. Public Works Issues:
No Comments.
C. Landscape and Buffer Issues:
The property to the north and to the south is zoned residential, therefore, a
six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
both the northern and the southern perimeters of the site.
A water source is required to be located within seventy-five feet (75’-0”) of
all landscaped areas.
A small amount of landscaping is required in conjunction with the
proposed parking lot on the site.
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.
April 26, 2007
ITEM NO: 6 (Cont.) FILE NO.: Z-8199
2
D. Staff Analysis:
The R-4 zoned property at 2016 S. Battery Street is occupied by a
two-story frame and brick single family residence (the Maxwell F. Mayer
House). There is a two-story frame and brick garage/carriage house
located within the rear (west) portion of the property. The property backs
up to Summit Street. There is a one-car wide driveway from S. Battery
Street, which serves as access to the garage/carriage house.
The owner (Claretha Nelson) of the property at 2016 South Battery
desires to utilize the four (4) existing bedrooms on the upper floor in the
main house as a Bed and Breakfast venue. The owner currently resides
in the detached carriage house, which shall be retained as the owner’s
primary residence. The main house has an existing full kitchen, dining
room, breakfast room, study, powder room, and living room on the ground
floor. The upper floor has the bedrooms with three (3) full bathrooms, with
an accessible attic space above. The partial basement to the main house
shall be utilized for HVAC equipment. The total square footage for the
main house is approximately 4,300 sq. ft.
The main house is planned for an external restoration, including treatment
to the windows, doors, brick façade, and the overall site. The internal
space shall be renovated, including a new air conditioning/heating system,
and refinishing of the floors, walls, and ceilings. No new additional rooms
shall be added to the footprint of the existing house.
For guests to the Bed and Breakfast, the owner intends to construct an
off-street parking area (grass porous paved surface) for four (4) cars. The
parking area shall be accessible from Summit Street and protected by a
remote controlled gate. The rear yard to the property shall be enclosed
with a new decorative wood fence.
The primary entry to the main house from Battery Street shall be for the
private use of the owner and will not be connected (vehicular) to the new
parking area in the rear.
The Maxwell F. Mayer house is listed on the National Register of Historic
Places and all intended work shall abide by the Secretary of the Interior’s
Guidelines for Rehabilitation of Historic Properties.
Following are the site and location criteria for bed and breakfast hotels as
per Section 36-54(e)(1) of the City’s Zoning Ordinance:
April 26, 2007
ITEM NO: 6 (Cont.) FILE NO.: Z-8199
3
(1) Bed and breakfast hotels:
a. The occupancy fee may include a continental
breakfast (coffee, juice and pastry) to be served to
paying guests with no full meals.
b. The owner must provide one (1) paved off-street
parking space per guest room and one (1)
additional for the residence use.
c. Allowable signage is that permitted by the single-
family residential standard.
d. No receptions, private parties or tours for a fee are
allowed.
The applicant is requesting one (1) variance with the proposed bed and
breakfast use. According to Section 36-3 of the code (definition of bed
and breakfast house) a bed and breakfast house must be an “owner
occupied single family residence”. As noted earlier, the property owner
will reside in the garage/carriage house and not in the principal structure.
Therefore, the applicant is requesting a variance from this ordinance
requirement.
Staff is supportive of the requested special use permit to allow a bed and
breakfast at 2016 S. Battery Street. Staff feels this type of use will be
appropriate for the property. The property consists of slightly over .5 acre,
and is zoned R-4 which could allow a duplex use. Staff believes a bed
and breakfast use at this location will have no adverse impact on the
adjacent properties or the general area.
E. SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
Kwendeche and Claretha Nelson were present, representing the
application. Staff presented the application. Staff noted that a variance
needed to be requested to allow the property owner to reside in the
accessory garage/carriage house.
The small parking area in the rear yard was briefly discussed. Kwendeche
noted that the porous paved surface would be similar to what is at the
Heifer Project facilities.
Staff briefly described the landscape and screening requirements
associated with the proposal. In response to a question from the
Committee, Kwendeche noted that the residence was approximately
4,300 square feet in area.
April 26, 2007
ITEM NO: 6 (Cont.) FILE NO.: Z-8199
4
After the discussion, the Committee forwarded the issue to the full
Commission for final action.
F. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a bed and
breakfast at 2016 S. Battery Street, subject to the following conditions:
1. Compliance with the site and location criteria in Section 36-54(e)(1) of
the code.
2. Compliance with the Landscape and Buffer requirements as noted in
paragraph C. of the staff report.
3. Staff also recommends approval of the variance to allow the property
owner to reside in the accessory garage/carriage house.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 nays and 1 absent. The application was
approved.
April 26, 2007
ITEM NO.: 7 FILE NO.: Z-8132-A
Owner: Cycle Breakers, Inc.
Applicant: Karen Alford, Executive Director
Location: 800 Apperson Street
Area: Approximately 4.55 Acres
Request: Rezone from R-3 to O-2
Purpose: Office, school (classes and training
educational, technical and vocational)
Existing Use: School facility
SURROUNDING LAND USE AND ZONING
North – Single family residences and the Nat Hill Community Center
(along East 6th Street); zoned R-3 and PR
South – Church and single family residences (across East 9th Street);
zoned R-3
East – Single family residences (across Apperson Street); zoned R-3
West – Church parking, single family residences and industrial uses;
zoned R-3 and I-3
A. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy. From initial inspection, the
sidewalk on 9th Street is damaged and should repaired. Additional
improvements may be required after additional inspections.
2. Sidewalks with appropriate handicap ramps are required in accordance
with Sec. 31-175 of the Little Rock Code and the Master Street Plan.
Ramps should be installed at the intersections.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #12 (East 6th Street
Route) runs along East 6th Street to the north and East 11th Street to the
south.
April 26, 2007
ITEM NO: 7 (Cont.) FILE NO.: Z-8132-A
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the East Little Rock and
Pettaway Park Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the East Little Rock Planning District. The Land
Use Plan shows Public Institutional for this property. The applicant has
applied for a rezoning from R-3 to O-2 Office and Institutional District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Apperson Street and East 9th Street are shown as Local Streets on the
Master Street Plan. Local Streets with non-residential uses along them are
constructed with a wider cross section. These streets may require
dedication of right-of-way and may require street improvements. The
primary function of a Local Street is to provide access to adjacent
properties.
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.
E. STAFF ANALYSIS:
Cycle Breakers, Inc., owner of the 4.55 acre property located at 800
Apperson Street, is requesting to rezone the property from “R-3” Single
Family District to “O-2” Office and Institutional District. The property is
located at the northwest corner of East 9th Street and Apperson Street. The
rezoning is proposed in order to utilize the existing school building for Cycle
Breakers’ facilities, including office and school classes and training-
educational, technical and vocational) uses.
April 26, 2007
ITEM NO: 7 (Cont.) FILE NO.: Z-8132-A
3
There is currently a one-story school building within the south half of the
property, with parking along the north side of the building. There is an
access drive from Apperson Street along the east property line. The north
portion of the property is an undeveloped grass-covered field area.
There is a mixture of uses and zoning in this general area. There are single
family residences and the Nat Hill Community Center and Little Rock Parks
property to the north along East 6th Street. There is a church and single
family residences to the south. Single family residences are located across
Apperson Street. Church parking, single family residences and industrial
uses are located to the west.
The City’s Future Land Use Plan designates this property as “Public
Institutional”. The requested O-2 zoning does not require an amendment to
the Land Use Plan.
Staff is not supportive of the requested zoning. Although the City’s Future
Land Use Plan designates this property as “Public Institutional”, given the
surrounding zoning pattern and uses, staff believes the requested O-2
zoning is not appropriate. Single family residences and zoning are located
immediately north, south and east of the subject property. Industrial uses
and I-3 zoning use located west of the site. Staff believes it would be
appropriate to leave this property’s zoning as R-3 to serve as a buffer
between the industrial and residential uses. Staff feels that O-2 zoning at
this location could have an adverse impact on the surrounding residential
uses.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-2 rezoning.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present. There were several objectors present. Staff
presented the item and a recommendation of denial.
Judge Willard Proctor spoke on behalf of the application. He stated the property
was occupied by a 37,400 square foot building that was built in 1962 for use as a
school and would never be used as single family residential. He described uses
in the area surrounding the site as industrial to the west; airport two blocks to the
east; vacant lots, City park and a school to the north and a church to the south.
Judge Proctor stated the property did not really provide a buffer between the
neighborhood and the industrial property since some of the property was an open
field. He stated the proposed use was no more impactful on the neighborhood
than the existing uses in the area around the site.
April 26, 2007
ITEM NO: 7 (Cont.) FILE NO.: Z-8132-A
4
Judge Proctor described the proposed uses as classes, meetings and job
training. He stated the program provided prevention and intervention programs
that fit in with the Mayor’s stated goal of reducing crime in the City. He stated the
proposed use was similar to the alternative school that previously occupied the
site, as recently as 2006.
Judge proctor stated the Little Rock National Airport had caused the decline of
the neighborhood by buying property and then letting it sit vacant. He stated the
building on this site would also sit vacant and be of no benefit to the
neighborhood if the application was not approved.
Judge Proctor addressed the concerns of the parents of children at Carver
Magnet School by stating the school’s playground was located behind the
building and the children would not be affected by traffic on East 6th Street. He
stated Cycle Breakers had four (4) mandatory meetings a year and two (2) of
those occurred in June and August when school was not in session. He stated he
would continue to work with the neighborhood to address their concerns.
Linee Ophof spoke in opposition. She reminded the Commission of its prior
denial of Cycle Breakers Planned Development application. She described
activities on the Carver School campus and noted there were children and elderly
residents in the surrounding neighborhood. Ms. Ophof described the
neighborhood as fragile and stated she had visited with residents of the
neighborhood who thanked her for voicing opposition to Cycle Breakers proposal
to locate in the neighborhood.
Barbara Cockrell, a parent of two (2) Carver students, spoke in opposition. She
stated the proposed use would negatively impact the neighborhood. Ms. Cockrell
voiced concerns about parking and traffic and stated the proposed use was not
appropriate for location in a neighborhood of residences and schools.
Kim Meldrum spoke in opposition. She stated she had obtained crime statistics
from the Little Rock Police Department showing an overall reduction of crime in
the area while indicating an increase in traffic accidents. She stated the proposed
use would add to traffic and congestion problems in the area.
LauraBeth VanEvery Hartz, a parent of two (2) children at Carver School,
expressed concerns about the nature of activities proposed on the site by Cycle
Breakers. She stated, once the site is zoned to O-2 it can be used for any O-2
use. She noted several uses in O-2 that she felt were inappropriate for the site.
Cassandra Blue, neighborhood association president, stated the neighborhood
opposed the proposed use. She stated the city did not listen to the
neighborhood’s concerns until the Carver School parents got involved.
April 26, 2007
ITEM NO: 7 (Cont.) FILE NO.: Z-8132-A
5
Commissioner Williams stated he wished the neighborhood and the applicant
could work out their differences but he would support the neighborhood. He
stated he felt the neighborhood’s concerns were more important than those of
the school.
In response to a question from Commissioner Adcock, Ms. Blue stated she
considered the school part of the neighborhood.
Mark Leveritt, the attorney representing the applicant, asked the Commission not
to politicize the issue but to consider whether O-2 zoning was appropriate for the
site. He stated he agreed that the neighborhood was fragile, but he felt Cycle
Breakers would benefit the neighborhood. Mr. Leveritt stated there was no proof
that allowing Cycle Breakers in the neighborhood would result in an increase in
crime. He stated there had been no incidents of crime related to a Cycle
Breakers meeting. He stated there already was traffic around the site and the
previous use which occupied the site generated traffic. Mr. Leveritt stated the site
was located next to an industrially zoned area.
Commissioner Williams asked if there were any sex offenders in the Cycle
Breakers program. Judge Proctor responded that there currently were
twenty-eight (28) such offenders in the program who attended the quarterly
meetings.
Commissioner Hargraves stated the Commission had previously denied an
application for Cycle Breakers to use this site. He asked what was different about
this application. Mr. Leveritt responded that the current O-2 zoning application
allowed more uses.
Tony Bozynski, Director of Planning and Development, stated the issue before
the Commission was an O-2 zoning request and, if approved, would allow any of
the uses specifically listed in the O-2 district. He stated the previous application
was for Cycle Breakers only.
Mr. Leveritt stated the applicant had agreed to limit the uses to only those listed
on the application.
In response to questions from the Commission, Judge Proctor described security
measures taken by Cycle Breakers. He also said there would be approximately
600 persons attending the quarterly meetings.
Commissioner Yates asked staff if the Commission could restrict uses under a
rezoning application. Staff responded that the applicant could offer to limit the
uses proposed under a rezoning application.
In response to a question from the Commission, Tony Bozynski stated the site
was shown on the Airport’s overall acquisition plan.
April 26, 2007
ITEM NO: 7 (Cont.) FILE NO.: Z-8132-A
6
Commissioner Yates commented that this was a mixed use area and he felt the
proposed use was appropriate.
A motion was made to approve the application. The motion failed on a vote of
4 ayes, 6 noes and 1 absent.
April 26, 2007
ITEM NO.: 8 FILE NO.: Z-8200
Owner: Shepherd Family Trust
Applicant: Royce Shepherd
Location: 6520 S. University Avenue
Area: 1.58 Acres
Request: Rezone from R-2 to C-4
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Commercial use; zoned C-4
South – Motorcycle/RV sales and service; zoned C-4
East – Auto accessories and auto rental businesses; zoned I-2
West – Single family residence on large lot; zoned R-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Bus Route #17 (Mabelvale –
Downtown Route) runs along Mabelvale Pike to the west and Route #17A
(Mabelvale – UALR Route) runs along University Avenue and West 65th
Street to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for
Progress, South Brookwood, Meadowcliff/Brookwood and Wakefield
Neighborhood Associations were notified of the public hearing.
April 26, 2007
ITEM NO: 8 (Cont.) FILE NO.: Z-8200
2
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from R-2 Single Family to C-4 Open Display District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
South University is shown as a Principal Arterial on the Master Street Plan.
This street 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. Entrances and exits should be limited to minimize
negative effects of traffic and pedestrians on University since it is a Principal
Arterial. Mabelvale Pike 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.
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 applicant’s property lies in the area covered by the 65th Street West
Neighborhood Action Plan. The Land Use and Zoning goal states:
“Ensure that non-residential development and multi-family development in
the area be limited to areas currently reserved for such uses on the Future
Land Use Plan.”
E. STAFF ANALYSIS:
Shepherd Family Trust, owner of the 1.58 acre property located at 6520 S.
University Avenue, is requesting to rezone the property from “R-2” Single
Family District to “C-4” Open Display District. The rezoning is proposed for
future commercial development of the property.
The 1.58 acre property is currently undeveloped. The property is grass
covered, with the rear portion containing some trees.
April 26, 2007
ITEM NO: 8 (Cont.) FILE NO.: Z-8200
3
The general area contains a mixture of uses and zoning. There is a
grocery-type use on the C-4 zoned property immediately to the north, with
mixed commercial uses further north. There is a motorcycle/ATV sales and
service business to the south, with a car dealership further south. Auto
rental and truck accessory businesses are located across University Avenue
to the east and are zoned I-2. The R-2 zoned property immediately to the
west contains a single family residence on almost one (1) acre of property.
This single family home is also owned by Shepherd Family Trust.
The City’s Future Land Use Plan designates this property as “Commercial”.
The requested C-4 zoning does not require an amendment to the Land Use
Plan.
Staff is supportive of the requested zoning. Staff views the requested
rezoning as reasonable. The City’s Future Land Use Plan designates the
property as “Commercial”. Additionally, the properties on either side of the
proposed rezoning are currently zoned C-4. Therefore, the proposed C-4
zoning will be a continuance of the established zoning pattern along this
portion of University Avenue. Staff believes rezoning this property to C-4
will have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 nays and 1 absent. The application was
approved.
April 26, 2007
ITEM NO.: 9 FILE NO.: Z-4255-B
NAME: Dreamland Academy Charter School –
Conditional Use Permit
LOCATION: 5615 Geyer Springs Road
OWNER/APPLICANT: Greater Second Baptist Church/David Jones, Agent
PROPOSAL: A conditional use permit is requested to allow a K-8th
grade Charter School to operate in this existing
church facility. The property is zoned R-2.
1. SITE LOCATION:
The church campus is located on the northeast corner of Geyer Springs
Road and 57th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
A church has existed at this site for many years. At one time it was a
much larger church with many more activities on the site. The site has
been home to similar activities, including day care and Head Start. The
applicants propose to utilize a portion of the existing facility with no
structural expansion. The school will operate during typical school hours,
Monday through Friday. At its maximum the school will have an
enrollment of 500 students, which is relatively small for a K-8th grade
school. The proposed use should be compatible with the area. The site is
located at the edge of a neighborhood and provides a transition from the
single family to the higher intensity, commercial activities to the west.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site and the Geyer Springs, Wakefield and SWLR
United for Progress Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The parking requirements for the school are as follow:
Kindergarten 1 space per employee and 1 space for each 10 children
Grades 1- 8 1 space per employee and 1 space per classroom
April 26, 2007
ITEM NO.: 9 (Cont.) FILE NO.: Z-4255-B
2
The grades and projected school population are as follow:
YEAR 1,
12 classrooms
YEAR 2
YEAR 3
YEAR 4
K – 50 students Add 2 classrooms Add 2 classrooms Add 2 classrooms
1st – 50 students 6th – 50 students 7th – 50 students 8th – 50 students
2nd – 50 students
3rd – 50 students
4th – 50 students
5th – 50 students
The site has several hundred parking spaces located in parking lots on all
sides of the building and across 57th Street. There is more than sufficient
parking and drop-off space to accommodate the proposed school.
4. SCREENING AND BUFFERS:
No comments on this use issue.
5. 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. Due to the proposed use of the property, the Master Street Plan
specifies that West 57th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
3. A 20 feet radial dedication of right-of-way is required at the intersection
of Geyer Springs Road and West 57th Street. This dedication should
be on the north and south sides of West 57th Street.
4. Obtain a franchise agreement from Public Works (John Barr,
371-4646) for the improvements located in the right-of-way.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
April 26, 2007
ITEM NO.: 9 (Cont.) FILE NO.: Z-4255-B
3
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No Comment received.
Water: No objection.
Fire Department: Fire hydrant may be required.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2007)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff requested the days and hours of operation, a
signage plan and a playground location. The applicant responded that days and
hours of operation would follow the typical Little Rock School District, Monday
through Friday schedule. In response to staff’s suggestion, the applicant stated
signage would comply with that allowed in Office and Institutional zones. The
applicant stated the existing playground on the north side of the campus would
be utilized.
In response to a question from staff, the applicant stated most children would be
brought to the school by their parents or other private individuals and day cares;
that there would be no buses.
Public Works Comments were discussed, specifically the issue of dedicating
right-of-way. Other agency comments were noted.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The Greater Second Baptist Church campus occupies the R-2 zoned, 6.18 acre
tract located at 5615 Geyer Springs Road. A second 1.44 acre tract across 57th
Street contains an additional paved parking lot.
Dreamland Academy, a proposed charter school, is proposed to locate on the
site, utilizing a portion of the existing church facility. The charter school will have
April 26, 2007
ITEM NO.: 9 (Cont.) FILE NO.: Z-4255-B
4
as its focus, arts and communication. The school will serve children ages K – 8th
grade. The applicant’s development plan is as follows:
a. Grades and Projected Dreamland Academy Student Population:
K: 50 students
1st: 50 students
2nd: 50 students
3rd: 50 students
4th: 50 students
5th: 50 students
Total = 300 students for Year 1.
b. Student goals per year:
Year 2 – 5: Increase by 50 students each year. Each year Dreamland
will add a grade through 8th grade.
c. Classrooms: Dreamland Academy will have 12 classrooms in Year 1.
Increase at the rate of 25 students per 1 classroom (excluding other
areas).
d. Other Rooms:
1 media/library center
1 multi-purpose room
2 specialty rooms (smaller than classrooms)
small office area
small gym/mini-auditorium area
Ultimately, the school will have an enrollment of 500 students in 20 classrooms.
Days and hours of operation will mirror those of the LRSD. The existing
playground on the north side of the campus will be utilized. No additional
playing fields will be constructed. Signage will be limited to that allowed in Office
and Institutional zones. Children will be delivered to and picked up from the
school by parents and other private individuals or childcare centers. There will
be no buses.
Drop-off and pick-up will occur in the parking area on the north side of the
campus. There is sufficient drop-off parking and stacking space in this area.
April 26, 2007
ITEM NO.: 9 (Cont.) FILE NO.: Z-4255-B
5
To staff’s knowledge, there are no outstanding issues. The applicant responded
to staff’s inquiries at the Subdivision Committee meeting. Utilizing this existing,
large institutional facility for the school seems to be an appropriate use for the
site. The campus is located at the edge of a residential neighborhood,
separating the neighborhood from the more intense commercial development to
the west. There is no bill of assurance for this acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the application subject to compliance with the staff
comments, conditions and analysis as outlined in Sections 4, 5, 6 and the staff
analysis of this agenda staff report.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: 10 FILE NO.: Z-8196
NAME: Parker Multisectional Manufactured Home –
Conditional Use Permit
LOCATION: 2718 Center Street
OWNER/APPLICANT: Albert Parker
PROPOSAL: A conditional use permit is requested to allow for
placement of a multisectional manufactured home on
this R-4 zoned lot.
1. SITE LOCATION:
The property is located at the northwest corner of Center Street and West
28th Street; two blocks south of Roosevelt Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an older Little Rock neighborhood comprised
primarily of smaller, single family homes. The predominate housing style
is one story, frame bungalows. Two new, larger, brick and frame
residences have been constructed within the two blocks south of the site.
A few boarded-up residential structures are scattered around the
neighborhood, including adjacent to the north of this site. A church is
located to the southwest and Washington Elementary School is one block
to the east. Staff does not believe the proposed manufactured home is
compatible with the housing stock in the neighborhood. The majority of
the homes are frame bungalows, with front porches and entrances facing
the north-south streets. The proposed home is more “ranch style” in
appearance and is situated with its side facing the north-south street.
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 Community
Outreach, Downtown, Meadowbrook and East of Broadway Neighborhood
Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
One on-site parking space is required. The site has an existing curb cut
onto Center Street. The applicants propose to widen the driveway to
accommodate two vehicles.
April 26, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-8196
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. A 20 feet radial dedication of right-of-way is required at the intersection
of Center Street and 28th Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No Comment received.
Water: Contact Central Arkansas Water regarding the size and location of
the water meter.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A bus route is
located one block to the south, at 29th Street.
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
The applicants were present. Staff presented the item and noted there was little
additional information needed. In response to a question from staff, the
applicants stated the existing curb cut would be widened to accommodate a
double-wide driveway. Staff noted the siting criteria of Section 36-256(d)(5).
Public Works and other agency comments were noted.
The applicants stated they had heard the application would be automatically
denied. The Committee assured them that the full Commission would consider
all aspects of the proposal and no request was automatically denied.
The Committee forwarded the application to the full Commission.
April 26, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-8196
3
STAFF ANALYSIS:
A conditional use permit is requested to allow for placement of a multisectional
manufactured home on the R-4 zoned property located at 2718 Center Street.
The proposed home is a 76’ X 32’, 2007 model. The exterior of the home has
vinyl siding and decorative shutters. The home has a pitched, shingled roof
and will be placed on a brick foundation. A front porch will be added and a
doublewide driveway constructed.
The home is proposed to be located in an older Little Rock residential
neighborhood. The existing housing stock is fairly eclectic in nature but is
primarily comprised of one story, frame bungalows. The homes typically face the
north-south streets and have front entrances and porches facing those streets.
The housing stock ranges from poor to very good. Several boarded structures
are located in the general vicinity, including directly north of this site. Two new,
large, brick and frame residences have been constructed within two blocks south
of the site. Other, older homes are maintained in good conditions. Other uses in
the immediate vicinity include a small church to the southwest and an elementary
school two blocks to the east.
Staff has concerns that the proposed manufactured home is not compatible with
the existing housing in the neighborhood. Staff recognizes that manufactured
homes are, in many instances, an appropriate housing type. The Commission
must consider whether the proposed use is compatible with other property in the
area where the conditional use is proposed to be located. In this instance, the
manufactured home is proposed for placement in an older, urban neighborhood
that is comprised primarily of small, frame bungalows. The homes typically face
the north-south streets and have entrances and front porches facing these
streets. The applicant’s home is more of a suburban ranch style home and will
be oriented with its entrance facing the east-west street and the side of the house
facing the north-south street. If the proposed manufactured home were designed
to be more compatible with the housing type and orientation in the neighborhood.
Staff could possibly support the C.U.P. application.
The siting criteria for placement of manufactured homes in the R-3 district are
outlined in Section 36-256(d)(5) as follow:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport elements.
c. Permanent foundation.
d. Exterior wall finished so as to be compatible with the neighborhood.
e. Orientation compatible with placement of adjacent structures.
April 26, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-8196
4
f. Underpinning with permanent materials.
g. All homes shall be multisectional.
h. Off-street parking per single-family dwelling standard.
The bill of assurance for Liberty Hill Addition is illegible but likely does not
address use issues.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
The applicant was present. There was one objector present. Staff presented the
item and a recommendation of denial.
Albert and Cathy Parker, the applicants, addressed the Commission. They
presented photographs of properties in the area. They stated there were many
boarded homes in the area and there were many different housing types in the
area. They stated they would go with a shorter home and would turn it to have
the front of the home face Center Street.
In response to a question from Chairman Stebbins, the applicants confirmed they
were amending the application to shorten the home and change its orientation.
Mr. Parker stated there were several vacant homes in the area that were being
used as drug houses. He stated it was his desire to improve the neighborhood.
Cathy Parker said property prices in the neighborhood were in the $30,000 range
and their proposed home would exceed that.
Charlotte Lockhart, of 2811 Center Street, spoke in opposition. She stated she
felt the manufactured home would reduce her property value. She stated the
Meadowbrook Neighborhood Association had voted to oppose the application.
Mr. Lockhart stated there were new homes being built in the neighborhood.
The Parkers reiterated their contention that they would not be taking anything
away from the neighborhood.
In response to a question from Commissioner Laha, staff explained the
orientation requirement from the Code.
In response to a question form Commissioner Yates, staff stated they were still
opposed to the application, as amended.
April 26, 2007
ITEM NO.: 10 (Cont.) FILE NO.: Z-8196
5
A motion was made to approve the application, as amended, including all staff
comments and conditions with the exception of the recommendation of denial.
The motion failed with a vote of 3 ayes, 7 noes and 1 absent.
April 26, 2007
ITEM NO.: 11 FILE NO.: Z-8197
NAME: Easter Seals Arkansas Multifamily –
Conditional Use Permit
LOCATION: 1406 Charlotte Drive
OWNER/APPLICANT: Easter Seals Arkansas/White-Daters, Agent
PROPOSAL: A conditional use permit is requested to allow for
construction of a four-building, fifteen unit multifamily
development on this O-3 zoned, 1.68 acre tract.
1. SITE LOCATION:
The property is located on the west side of Charlotte Drive, south of
Northmoor; one block south of West 12th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. Single
family residences are located adjacent to the west and south. The O-3
properties to the north and east contain a variety of uses including medical
offices, office-showrooms, a church, a correctional facility and a similar
Easter Seals residential development. Portions of the O-3 zoned
properties are undeveloped. The proposed use is compatible with uses in
the area and forms a good transition from the O-3 area to the adjacent
single family.
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 Point O’Woods
and Broadmoor Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
A fifteen (15) unit multifamily development typically requires twenty-two
(22) parking spaces based on 1.5 spaces per unit. The applicant
proposes a twenty (20) space parking lot with two (2) driveways onto
Charlotte Drive. The development is proposed for special needs
occupancy and it is likely that many of the occupants will not drive. The
driveways have been designed to accommodate van access for pick-up.
Staff supports a variance to allow the two (2) space reduction in on-site
parking.
April 26, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8197
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinance is required.
A nine (9) foot wide land use buffer is required along the west perimeter. A
thirty-two (32) foot wide land use buffer is required along the south perimeter.
Seventy-five (75) percent of the required land use buffer is to remain
undisturbed.
Screening is required along the west and south perimeters. Screening may
be either a six (6) foot tall wood fence built with its finished side facing out or
dense evergreen plantings of trees and shrubs.
Staff recommends preserving as many trees as possible. Credit toward
fulfilling the Landscape Ordinance requirements may be given for preserving
trees.
5. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
2. Sidewalks with appropriate handicap ramps are required in accordance
with Section 31-175 of the Little Rock Code and the Master Street
Plan.
3. A 20 feet radial dedication of right-of-way is required at the intersection
of Northmoor Drive and Charlotte Drive.
4. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
5. Driveway locations do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Due to the need for
handicap bus/van service, staff recommends the two driveways as
constructed in an earlier development across the street.
6. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1805
(Travis Herbner).
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property. Capacity Contribution
Analysis required; contact Little Rock Wastewater for details.
Entergy: No comment received.
April 26, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8197
3
Centerpoint Energy: Approved as submitted.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. Contact Central Arkansas
Water regarding size and location of water meters. Due to the nature
of this facility, installation of an approved reduced pressure zone
backflow preventer assembly (RPZA) is required on the domestic
water service. This assembly must be installed prior to the first point of
use. Central Arkansas Water (CAW) requires that upon installation of
the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and
approved by CAW. The test results must be sent to CAW’s Cross
Connection Section within ten days of installation and annually
thereafter. Contact Carroll Keatts at 377-1226 if you would like to
discuss backflow prevention requirements for this project. 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: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A bus route is
located east of the site, along University Avenue.
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff noted one of the buildings was located over an
easement. The applicants stated it was their intention to relocate the easement
as noted on the site plan and to abandon the existing easement. Staff asked if
there would be a dumpster on the site. The applicants responded that there
would not; that there would be a trash can enclosure located near the front of the
development. In response to a question from staff, the applicants stated a 6 foot
tall wood privacy fence would be placed on the south and west property lines
where the site is adjacent to single family.
April 26, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8197
4
Public Works, Landscape and outside agency comments were discussed. Public
Works Staff stated they supported the two-driveway configuration proposed by
the applicant. The applicants stated there was not much landscaping in the area
of the required buffers since the site had previously been cleared. They stated
appropriate landscaping and screening would be installed.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Easter Seals Arkansas is proposing to construct a four building, fifteen unit
multifamily development on the O-3 zoned property located at 1406 Charlotte
Drive. The buildings will be laid out around a parking courtyard with access off of
Charlotte. Each building will be one story in height and will be constructed with a
brick and siding exterior with a pitched, shingled roof. The project will match a
similar Easter Seals multifamily development located across Charlotte Drive. A
synopsis of the development is as follows:
Coverage Functions
Bldg ‘A’ 3,620 sf Single story, (2) one-bedroom units, (1) two-bedroom manager unit,
(1) community
Bldg ‘B’ 2,750 sf Single story, (3) one-bedroom units, (1) two-bedroom unit
Bldg ‘C’ 2,750 sf Single story, (3) one-bedroom units, (1) two-bedroom unit
Bldg ‘D’ 2,750 sf Single story, (3) one-bedroom units, (1) two-bedroom unit
11,870 sf
Fencing and screening will be installed along the south and west perimeters,
where the site is adjacent to single family. The site must be replatted as a
condition of the original O-3 zoning.
Variances are requested to allow a reduced front yard setback of 21.7 feet for
building “A”. (25 feet required) and a reduction in parking of 2 spaces. Staff is
supportive of both variances as they are minor in nature and should have no
impact on adjacent properties.
To staff’s knowledge, there are no outstanding issues. The 1999 Amendment to
the bill of assurance for these lots states “all buildings constructed on said lots
should be used in compliance with the Little Rock Zoning Ordinance”.
April 26, 2007
ITEM NO.: 11 (Cont.) FILE NO.: Z-8197
5
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. Signage is to comply with that allowed in multifamily zones.
3. Any site lighting is to be shielded downward and into the site.
4. The easement under proposed building “A” is to be abandoned and a new
easement dedicated.
5. The trash enclosure is to be constructed of brick matching the brick on the
buildings.
6. The property is to be replatted as required by the original O-3 zoning.
Staff recommends approval of the requested parking variance and building
setback variance.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: 12 FILE NO.: Z-8198
NAME: Little Rock Expo Center – Conditional Use Permit
LOCATION: 7400 Scott Hamilton
OWNER/APPLICANT: Celestica Corporation/Colliers Dickson Flake Partners,
Agent
PROPOSAL: A conditional use permit is requested to allow Little
Rock Expo Center to occupy the existing building on
this I-2 zoned 87± acre site.
1. SITE LOCATION:
The property is located at the northwest corner of Scott Hamilton and
Interstate 30.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The tract is located in an area that is principally Light Industrial in use and
zoning. The industrial zoning extends to the east and north through the
65th Street Industrial Park. I-30 is adjacent to the south and beyond that is
an area of mixed commercial and industrial uses. A single family
neighborhood is located to the west. Parking and access to this site is
from the south and east, limiting activities on the western side of the
property. No outdoor activities are proposed on this site. Allowing use of
a portion of this existing building as proposed is compatible with uses in
the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the SWLR United for Progress,
Upper Baseline and Wakefield Neighborhood Association were notified of
this request.
3. ON SITE DRIVES AND PARKING:
Parking lots containing several hundred parking spaces are located on the
east side of the building. Access is off of both Scott Hamilton and the
interstate access road. The Expo Center is proposed to utilize 126,000±
square feet of the existing 760,000 square foot building; leaving the
remainder to be occupied by I-2 uses. The parking should be sufficient
but, if not, additional area is available for development as parking.
April 26, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8198
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No Comment received.
Water: No objection. (Confirm address. Address in Central Arkansas
Water’s records and in PaGIS is 7600 Interstate 30.).
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2007)
The applicants were present. Staff presented the item and noted little additional
information was needed. In response to a question from staff, the applicants
stated the Expo Center would occupy 126,000 square feet of the existing
760,000 square foot building. The applicants stated there would be no outside
use area. In response to staff’s suggestion, the applicants agreed that signage
would comply with that allowed in industrial zones.
There were no other issues to discuss. The Committees forwarded the item to
the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow the Little Rock Expo Center to
locate in a portion of the existing, I-2 zoned building located at 7400 Scott
April 26, 2007
ITEM NO.: 12 (Cont.) FILE NO.: Z-8198
3
Hamilton Drive. This 87± acre tract contains a 760,000 square foot building and
several hundred parking spaces. The Expo Center is proposed to occupy
approximately 126,000 square feet of the building. The remainder of the building
will be available for I-2 uses. The site is located at the northwest corner of the
Scott Hamilton/I-30 interchange and is located in an area of mixed zoning and
uses. All activities are proposed to be enclosed with no outdoor use areas being
proposed.
The Expo Center was previously located in a former mall building at I-30 and
County Line Road but was forced to relocate when the building was purchased
by Pulaski Technical College. The Little Rock Expo Center will be primarily used
for the Memphis Flea Market, which consists of about 500 vendors who travel
into Little Rock once a month to sell their wares. These vendors arrive on
Thursday or Friday and leave on Sunday night or Monday morning. The
Memphis Flea Market takes place the second weekend of each month with hours
of operation being 8:00 a.m. – 6:00 p.m., Saturday and Sunday. About 90% of
the vendors sell new merchandise with the remaining 10% selling antiques and
collectibles. In addition, the Expo Center will house 8-10 special events each
year such as boat shows and the Big Buck Classic. These are also typically
weekend events.
To staff’s knowledge there are no outstanding issues. Allowing use of a portion
of this existing building for the proposed use appears compatible with uses in the
area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. All uses are to take place within the enclosed building.
2. Signage is to comply with that permitted in industrial zones.
PLANNING COMMISSION ACTION: (APRIL 26, 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 10 ayes, 0 noes and 1 absent.
April 26, 2007
ITEM NO.: 13 FILE NO.: 309
NAME: 2007 ‘Island’ Annexations
REQUEST: Annexation of 142 acres plus or minus to the City
LOCATION: Along Highway 10 near Northbrook Road and Maywood Drive;
and along Denny Road between Kanis and Gordon Roads; and
along Gordon Road south of Chenal Valley Drive
SOURCE: City of Little Rock
GENERAL INFORMATION:
• Annexation of four ‘islands’ (areas totally surrounded by the City) to close
all remaining ‘islands’.
• There are an estimated 70 parcels or portion of parcels within the ‘islands’
and 50 property owners.
• There is at least one home in each ‘island’.
• Three of the ‘islands’ ranging in size from one acre to 12.8 acres are
zoned R-2 Single Family. The fourth ‘island’ of 123 acres is zoned R-2,
Single Family and Planned Commercial District.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department indicated they have no issues or
concerns with the annexation of the islands.
Police: The Little Rock Police Department indicated they have no issues
or concerns with the annexation of the islands.
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
The closest bus route is approximately three miles to any one of the
annexation areas.
Parks and Recreation: The Little Rock Parks and Recreation Department indicates
they have no concerns or issues with the annexation.
April 26, 2007
ITEM NO.: 13 (Cont.) FILE NO.: 309
2
Public Works: No Comment Received.
Utilities:
Central Arkansas Water: Central Arkansas Water (CAW) indicates they have no
objection or issues with the annexations. They note that any request for
water service will have to meet the requirements of CAW and will be at the
cost of the applicant. Installation of fire protection facilities will be as
determined by the Little Rock Fire Department base on any development.
Any development of these areas should have only minor impact on the
existing water distribution system.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater has indicated that there is no
sewer in the islands. They have a concern about the lack of sanitary
sewers in the areas. This is due to the City designation of unserved areas
for which the utility has been required to provide service.
Lines will have to be extended to provide wastewater service to structures
in the annexation areas and there are no funds for such work. Typically
Sewer Improvement Districts provide this service of design, acquisition
and construction of the infrastructure to allow the connection to the sewer
system.
Schools:
Little Rock: No Comment Received.
The sites are not within the Little Rock School District.
Pulaski County Special: No Comment Received.
ANALYSIS:
The City of Little Rock periodically conducts what are called ‘island’ annexations.
This process is started and done totally by the City. For those properties totally
surrounded by the City, legal descriptions are developed and then a list of
property owners is acquired. As required by Act 314 of 1979, the City will pass a
resolution to set a public hearing within 60 days of that resolution to hear the
annexation case. A legal advertisement will then be done and certified letters of
notification will be sent to each property owner of this hearing.
April 26, 2007
ITEM NO.: 13 (Cont.) FILE NO.: 309
3
This review before the Little Rock Planning Commission is in addition to the State
requirements for an ‘island’ annexation. Since all the completed annexations
have been voluntary for several decades (except for these ‘island’ annexations),
‘islands’ are created within the City of Little Rock, which are not City. This can
cause confusion with service delivery including public safety (police and fire).
City services are being delivered all around these properties – police, fire
sanitation, water and sewer.
While the City does exercise zoning (land use) and subdivision authority over all
these tracts, no other city regulations can be or are enforced. To help eliminate
confusion and to assure that the City gets any benefits available from the land
(taxes and turn backs from the state), it is in the interest of the City to conduct the
annexation. The last major ‘island’ annexation was in 1999 and included eleven
areas scattered over the City. Since that time several new ‘islands’ have been
created. This annexation effort includes four areas in west Little Rock. Three of
the areas are small, from one to 12.8 acres and include six homes. The fourth
(Annexation area 1) is the largest with 123 acres and approximately 45 homes
and 9 businesses along Highway 10.
Annexation area 1(Highway 10) has been developed for many years. This once
was known as the ‘Stones Market’ area for a general store and bait shop where
the La Palapa, Mexican restaurant, is located. A large portion of this area was
designated an ‘Existing Business Node’ due to the number of businesses in
place prior to zoning of the area. As a result of this there are nine Planned
Zoning Districts in this location. The businesses are located on both sides of
Highway 10 on the eastern side of the ‘island’.
Along both Maywood Drive and Norton Road are single-family homes in a
traditional subdivision arrangement. Neither of these subdivisions are large or
likely to grow in size, due to the surrounding development pattern. These
subdivisions are on the south side of Highway 10. There are only a half dozen
homes on the north side, with a couple other structures used for as both a home
and business.
This ‘island’ was created in 2000 when an area was annexed to the City on the
north side of Highway 10 at Chenal Parkway. This annexation closed the
remaining ‘opening’. The eastern and southern boundaries of the ‘island’ have
been in place since the middle 1990s. The boundary around the ‘island’s
northeast was put in place in 1998. Thus the last piece to encircle the island
happened in 2000.
April 26, 2007
ITEM NO.: 13 (Cont.) FILE NO.: 309
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Since the area became an ‘island’ only a couple of new structures have been
built. Generally the use and number of structures within the area has changed
little over the last couple of decades. The areas to the east and west along
Cantrell Road (Highway 10) have begun to develop. Office and commercial
developments are occurring, as well as the development of two churches and a
large private school.
This ‘island’ is facing the same development pressures as those areas within the
City Limits along Cantrell Road. There have been numerous applications for
reclassifications before the Little Rock Planning Commission over the last
decade. As one drives along Cantrell Road it is unlikely that you would realize
that for a short distance between Chenonceau Boulevard and Chenal Parkway
you had been outside the City.
City services surround the area with sewer along the southern, eastern and
northern boundaries. Even though sewer is adjacent it still is a distance from
many of the existing structures in the ‘island’. The cost of providing this service
is not being considered as part of this annexation. At this time the City does not
intend to extend sewer service within this area but would be done by private
individuals or an improvement district. Water service is in the area with a 16-inch
line along Highway 10. Police and fire units often travel through the area to
service areas within the City surrounding this ‘island’. The solid waste service of
the City likewise serves areas to the east, west and south of this ‘island’.
The remaining three islands are clustered close to each other along Denny and
Gordon Roads south of the Chenal Development but north of Denny Road. Each
of these areas is small from one to 12.8 acres and two of the annexation areas
are one lot or tract. In the case of these ‘islands’ the property owners may have
opted not to be a party to the voluntary annexations, which created their ‘island’.
All three of these ‘islands’ were created in late 1999.
The north most is along the original alignment of Gordon Road just south of
Chenal Valley Drive and has one property zoned R-2 Single Family. This is a
five-acre tract with one home on it. Chenal Properties has constructed a new
alignment of Gordon Road in order to build a new subdivision which will bound
this tract on the east and south. Homes are currently under construction in this
new subdivision. Chenal Properties has also started a new subdivision north of
Chenal Valley Drive from this tract. Chenal Country Club’s second 18-hole golf
course is to the northwest.
April 26, 2007
ITEM NO.: 13 (Cont.) FILE NO.: 309
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The result of the road changes is that, this tract is now encircled by the Chenal
Development and in the future will likely be a Chenal Valley Drive rather than a
Gordon Road location. The original alignment functions almost like a drive for
the tract. Both a 12-inch water line and sewer are located just to the east of this
site to serve the new development to the south, southeast and southwest of this
tract. There are no plans with this annexation for the public utilities to extend the
service at their cost to the site. Solid Waste and public safety vehicles pass by
this tract along Chenal Valley Drive to service properties within the City.
A smaller ‘island’, one acre, is located on Denny Road just east of Gordon Road.
This property is zoned R-2 Single Family and has a home located on it. Both
water and sewer lines are located along Gordon Road just to the west of this
tract. There are no plans with this annexation for the public utilities to extend the
service at their cost to the site. Property along Denny in both directions is within
the City limits. The types of uses proposed (within the city limits) along Denny
Road have tended to be more public quasi-public in nature – a YMCA, private
school, public school and cultural performing arts complex. Currently only the
performing arts center is in place, with the private school’s athletic facilities.
Public safety vehicles must pass this site in order to provide service to properties
within the City. However due to the nature of the uses developed and proposed
further to the northwest along Denny Road, solid waste vehicles currently and in
the short term would not need to drive in front of this property to serve others in
the City.
The final ‘island’ is along on Denny just east of the previous mentioned area. It is
close to thirteen acres in size and has approximate five homes all zoned R-2
Single Family. The existing water and sewer service is a little further from this
area. Extension of services (water and sewer) is not included in the analysis of
this annexation. But the statements made for the smaller tract on Denny Road
are all true for this annexation area as well.
Staff Recommendation:
Approval
PLANNING COMMISSION ACTION: (APRIL 26, 2007)
All issues were resolved and the item was placed on consent agenda for
approval. By vote of 10 for and 0 against the consent agenda was approved.
April 26, 2007
ITEM NO.: 14 FILE NO.: LA-0017
NAME: Kinnaman – Land Alteration Variance Request
LOCATION: Rock Creek between Chenal Parkway and E. Kanis Road
APPLICANT: L. A. Kinnaman
ENGINEER: Development Consultants Inc.
AREA: Approximately 2.5 acres
CURRENT ZONING: Planned Commercial Development
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to clear and grade the property with construction not being imminent.
A. PROPOSAL/REQUEST:
The applicant is requesting a variance from the Land Alteration Regulations for
staff to issue a grading permit to clear and grade on the property with
construction not being imminent. The approximate 2.5 acre property is along
Rock Creek located south of Chenal Parkway and north of the eastern part of
Kanis Road. The applicant desires to make drainage improvements to Rock
Creek across his property to reduce the width of the floodway/floodplain for
additional portions of his property to developable and reduce the flood risk. The
applicant provided a plan to staff showing Rock Creek to be cleared and
regraded to straightened the creek and with 3:1 side slopes and a grassy bottom.
This work will require adjacent property to the creek to also be cleared and
graded as part of the improvements.
B. STAFF RECOMMENDATION:
Staff relayed to the applicant that due to the site having an approved Planned
Commercial Development the variance request would require the Planned
Commercial Development for the property to be amended at the same time the
variance is approved. The land alteration variance should be filed
simultaneously with an amendment to the approved Planned Commercial
Development for the property.
The applicant understood staff recommendations and received from the applicant
on April 4, 2007 a request to withdraw the item from the April 26, 2007 Planning
Commission agenda. Staff recommends the item be withdrawn from the April 26,
2007 Planning Commission agenda without prejudice.
April 26, 2007
ITEM NO.: 14 (Cont.) FILE NO.: LA-0017
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PLANNING COMMISSION ACTION: (APRIL 26, 2007)
Staff informed the Commission that the applicant requested the item be withdrawn,
without prejudice. Staff supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn, without prejudice by a
vote of 10 ayes, 0 nays and 1 absent.