pc_07 19 2007
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JULY 19, 2007
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Chauncey Taylor
Troy Laha
Jerry Meyer
Jeff Yates
Mizan Rahman
Robert Stebbins
Fred Allen, Jr.
Lucas Hargraves
Darrin Williams
Members Absent: Pam Adcock
1 Open Position
City Attorney: Cindy Dawson
III. Approval of the Minutes of the June 7 and June 21, 2007 Meetings of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JULY 19, 2007
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-7275-A Warren Group Home – Special Use Permit
3801 West Street
B. Z-8177-A Under Grace Ministries Parolee Housing Facility –
Special Use Permit
805 Lewis Street
C. Z-8225 Hubbard Day Care Family Home – Special Use Permit
6724 Carolina Drive
D. Z-8214 Jefferson Day Care Center – Conditional Use Permit
3200 and 3208 Gilman Street
E. Z-8222 Bylites – Conditional Use Permit
712 East 11th and 1011 McMath Avenue
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. G-23-387 Spring Street – Right-of-Way Abandonment
Between West 16th and West 17th Streets
2. Z-3045-A Pevahouse Accessory Dwelling – Conditional
Use Permit
3 Edgehill Drive
3. Z-5646-A LRSD New West Little Rock School – Conditional
Use Permit
SW corner of Cantrell and Taylor Loop Roads
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
4. Z-8237 Marks Chapel UMC – Conditional Use Permit
5209 Ives Road
5. Z-3879-C Chicot Elementary School – Deferral of Street
Improvements
11100 Chicot Road
6. Z-6664-C J. A. Fair High School – Deferral of Street
Improvements
13420 David O Dodd Road
July 19, 2007
ITEM NO.: A FILE NO.: Z-7275-A
NAME: Warren Group Home – Special Use Permit
LOCATION: 3801 West Street
OWNER: Derek Warren
APPLICANT: Derek Warren
PROPOSAL: A Special Use Permit is requested to allow a
group home to be operated in the single family
residence located on the R-2 zoned property at
3801 West Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow, Campus
Place, Kensington Place and Westbrook Neighborhood Associations were
notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
3801 West Street is located at the southeast corner of West Street and
West 38th Street. The property contains a two-story brick and frame single
family structure. There is a two-car wide driveway from West 38th Street,
which leads to a two-car detached carport. There is a one-story
accessory building within the east half of the property. There is a
deck/step structure on the west side of the residential structure, which
accesses an exit door on the second floor. There is off-street parking for
approximately six (6) vehicles.
All surrounding properties contain single family residences and are zoned
R-2 and R-3. There are multifamily uses to the north along West 36th
Street.
The applicant, Derek Warren, proposes to utilize the existing 2,105 square
foot structure as a group home. The residential facility will serve as a
temporary shelter for men recovering from substance abuse addictions.
The applicant is proposing to house fourteen (14) residents, plus a
residence for the property owner/program manager. The applicant has
also noted that he goes out and finds clients at homeless shelters,
July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z-7275-A
2
etc. The residents/clients will reside in three (3) upstairs bedrooms. The
owner will reside in a downstairs bedroom. A recent inspection of the
property by City staff revealed 15 beds on the second floor of the structure
and as many as nine (9) residents. Based on enforcement action, the
applicant has reduced the total number of residents to four (4), which
conforms to the City’s definition of “single family”.
The site is not located on a CATA bus route. Route #14 (Rosedale Route)
runs along West 36th Street, two (2) blocks to the north. The applicant
provided a Bill of Assurance for the neighborhood, which was recorded in
1952 and appears to no longer be valid.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions for Group Home Facilities, as adopted by the Board of Directors
on September 6, 2005:
1. family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility.
(a) Separation, spacing and procedural requirements for family
care facilities, group care facilities, group homes, parolee or probationer
housing facilities and rooming, lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood. Unless the commission
determines that a different area is more appropriate, a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500) feet of the site for which the permit is
requested.
(b) There shall be a presumption that a special use permit for a
group home of 5, 6, 7, or 8 handicapped persons will be granted if all
ordinance requirements are met, except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
of whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c) Issues that the planning commission will consider during its
review of a family care facility, group care facility, group home, parolee or
probationer housing facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z-7275-A
3
3. The maximum number of individuals proposed to be served, the
number of employees proposed and the type of services being
proposed.
4. The need and provision for readily accessible public or quasi-
public transportation.
5. Access to needed support services such as social services
agencies, employment agencies and medical service providers.
6. Availability of adequate on-site parking.
(d) The fire marshal must approve the use of any structure
proposed as a family care facility, group care facility, group home, parolee
or probation housing facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
According to an area survey, there are no other transitional residential
facilities within 1,500 feet of the property. There are two (2)
public/institutional-type uses to the north along Romine Road (church and
school facilities).
As noted previously, there are three (3) bedrooms on the second floor of
the structure, which will accommodate the residents/clients. The applicant
proposes to occupy the three (3) bedrooms as follows:
Bedroom 1 – 93.5 sq. ft. – 3 beds
Bedroom 2 – 144 sq. ft. – 3 beds
Bedroom 3 – 184 sq. ft. – 8 beds
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 15 persons is
1,550 square feet. As noted earlier the residential structure contains
2,105 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant.
According to Section 8-406 of City Code, following is the minimum
required area for each bedroom with the occupancy as proposed:
July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z-7275-A
4
Bedroom 1 – 170 sq. ft. – 3 beds
Bedroom 2 – 170 sq. ft. – 3 beds
Bedroom 3 – 420 sq. ft. – 8 beds
The occupancy as proposed does not conform to Section 8-406. The
property owner will reside on the first floor.
Staff is not supportive of the requested special use permit to allow a group
home at 3801 West Street. Although staff’s survey revealed no other
residential living facilities within 1,500 feet of the site, staff does not feel
the existing residential structure is of adequate size to support the
proposed group home facility. As noted previously, the three (3) upstairs
bedrooms are not large enough according to Section 36-406 (b) to support
the number of residents as proposed. Staff feels the applicant should
seek a larger residential structure for the proposed group home use.
D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007)
The applicant was not present. Staff briefly described the proposed group
home use. Staff explained the issues associated with the size of the
structure.
After the brief discussion, the Committee forwarded the application to the
full Commission for final action.
E. Staff Recommendation:
Staff recommends denial of the requested special use permit to operate a
group home at 3801 West Street.
PLANNING COMMISSION ACTION: (JUNE 7, 2007)
Staff informed the Commission that the application needed to be deferred to the
July 19, 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 July 19, 2007 Agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open
position.
July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z-7275-A
5
PLANNING COMMISSION ACTION: (JULY 19, 2007)
Derek Warren was present, representing the application. There were five (5)
objectors and two (2) supporters present. Staff presented the application with a
recommendation of denial.
Derek Warren addressed the Commission in support of the application. He
explained that he could reduce the number of residents to comply with ordinance
standards. He briefly described the proposed group home use.
Dixie Langford addressed the Commission in support. She explained that she
had visited the site at 3801 West Street and found no problems with its operation.
She noted that it was a good group home operation.
Billie Calloway, of the John Barrow Neighborhood Association, addressed the
Commission in opposition to the application. She noted that the neighborhood
was trying to maintain the single-family residences in the area. She described
the general area around 3801 West Street.
Angela Hill also spoke in opposition. She explained that the neighborhood was a
clean area.
Reneda Woods also spoke in opposition. She explained that her two (2) small
children had to pass 3801 West Street on the way to the school bus stop. She
expressed concerns with the group home’s turnover rate and the problem the
residents would have.
Victor Wallace also addressed the Commission in opposition. He noted that nine
(9) children were dropped off at the school bus stop near 3801 West Street. He
noted that there had been incidents regarding the group home. He also noted
that Mr. Warren started the group home without a permit.
Willene Lensig also spoke in opposition. She explained that residents of the
group home had approached neighbors. She noted that the group home
reduced property values in the area.
Joyce Crawford spoke in support of the application. She explained that her son
was a resident in the group home and that it had turned his life around.
Mr. Warren made additional comments in support of the application. He noted
that the City’s Fire Department had no problem with the group home.
July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z-7275-A
6
Commissioner Allen asked about the group home’s screening procedures.
Mr. Warren explained that criminal background was checked on the Internet and
this was the basic requirement of facilities of this type. The issue was briefly
discussed. In response to questions from the City Attorney, Mr. Warren noted
that a background check was made on the internet and with the local police
department for every person, unless he knows the person.
Commissioner Williams commented that four (4) persons could live in the home
as long as there is no treatment provided. Tony Bozynski, Planning Directors,
noted that the group home at 3801 West Street was an enforcement issue.
There was a motion to approve the Special Use Permit. The motion failed by a
vote of 0 ayes, 9 nays, 1 absent and 1 open position. The application was
denied.
July 19, 2007
ITEM NO.: B FILE NO.: Z-8177-A
NAME: Under Grace Ministries Parolee Housing Facility –
Special Use Permit
LOCATION: 805 Lewis Street
OWNER: Shelby Smith
APPLICANT: Under Grace Ministries
PROPOSAL: A Special Use Permit is requested to allow a
Parolee Housing Facility to be operated in the
single family residence located on the R-3 zoned
property at 805 Lewis Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Forest Hills, Pine to
Woodrow, Hope and Stephens Area Faith Neighborhood Associations
were notified of the public hearing.
B. Public Works Issues:
1. A 20 foot radial dedication of right-of-way is required at the intersection
of West 8th and Lewis Street.
C. Landscape and Buffer Issues:
805 Lewis Street is located at the southeast corner of Lewis Street and
West 8th Street. The property contains a two-story frame residential
structure, which is in the process of being remodeled. There is a gravel
driveway from West 8th Street, which accesses a gravel parking area at
the northeast corner of the lot. Off-street parking exists for several
vehicles. There are two (2) accessory buildings at the southeast corner of
the property. A deck/step structure is located on the rear (east side) of the
residence, leading to a second floor exit door. There is also a second
floor deck structure on the south side of the residential structure. A
conditional use permit was recently approved for the property for use of
the structure as a duplex.
The properties to the east, west and south are zoned R-3 and R-4 and
contain single family and two-family uses. There are office and
commercial uses further east along Cedar Street. The UAMS/Veteran’s
Hospital facilities are located across I-630 to the north.
July 19, 2007
ITEM NO: B (Cont.) FILE NO.: Z-8177-A
2
The applicant, Under Grace Ministries, proposes to utilize the existing
2,902 square foot structure as Parolee Housing Facility. The residential
facility will serve as transitional living facility for paroled inmates
transitioning from prison to self-sufficient lifestyles, operating under the
name Philemon’s House. The purpose of Philemon’s House is to offer a
transitional housing program that allows residents to become self-
sufficient, independent, drug and alcohol-free members of society.
Philemon’s House will provide transitional housing and life skill training for
men who have graduated from specific classes offered and taught by
Under Grace Ministries. It will offer Biblical community, safe shelter,
transportation, and employment assistance for select non-violent and
non-sexual ex-offenders transitioning from prison to free society.
Philemon’s House will sleep 10 residents and 1 house manager. Each
resident will stay for 90 days as long as he abides by the rules with an
option of staying another period of up to 90 days, but not exceeding 180
days. Additionally, each resident must be an active participant in the
Under Grace Ministries programs which include, but are not limited to,
addiction recovery, worship services, financial training and accountability,
spiritual development, accountability with a mentor and community
involvement through required work projects.
There will be two bedrooms upstairs, each approximately 11’ X 12’ (appx.
264 sq. ft.) with 2 beds per bedroom. There will also be a common area
upstairs of approximately 588 sq. feet which will have 6 beds and 6
dressers to accommodate 6 residents. A bathroom for the residents will
be located upstairs. In addition to meeting rooms for the Under Grace
Ministries life skill training program, there will be two bedrooms
downstairs. One will be for the house manager and the second one will
be ADA compliant, but will be used as an office unless a physically
disabled resident is accepted into the facility.
The site is not located on a CATA bus route. Bus Route #17 (Mabelvale –
Downtown Route) runs along I-630 to the north, and Bus Route #3
(Baptist Medical Center Route) runs along West 12th Street to the south.
The applicant has noted that no Bill of Assurance for the neighborhood
could be located at the County Courthouse.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions for Group Home Facilities, as adopted by the Board of Directors
on September 6, 2005:
1. family care facility, group care facility, group home,
parolee or probationer housing facility, rooming,
lodging and boarding facility.
July 19, 2007
ITEM NO: B (Cont.) FILE NO.: Z-8177-A
3
(a) Separation, spacing and procedural requirements for family
care facilities, group care facilities, group homes, parolee or probationer
housing facilities and rooming, lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood. Unless the commission
determines that a different area is more appropriate, a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500) feet of the site for which the permit is
requested.
(b) There shall be a presumption that a special use permit for a
group home of 5, 6, 7, or 8 handicapped persons will be granted if all
ordinance requirements are met, except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
of whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c) Issues that the planning commission will consider during its
review of a family care facility, group care facility, group home, parolee or
probationer housing facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to be served,
the number of employees proposed and the type of services
being proposed.
4. The need and provision for readily accessible public or
quasi-public transportation.
5. Access to needed support services such as social services
agencies, employment agencies and medical service
providers.
6. Availability of adequate on-site parking.
(d) The fire marshal must approve the use of any structure
proposed as a family care facility, group care facility, group home, parolee
or probation housing facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
July 19, 2007
ITEM NO: B (Cont.) FILE NO.: Z-8177-A
4
According to an area survey, there are two (2) other similar residential
facilities within 1,500 feet of the property. There are forty-four (44)
available beds within these facilities. These facilities are as follows:
1. Group Home – 4017 West 12th Street
Residential facility for up to 12 women recovering from substance
abuse.
2. Black Community Developers/Hoover UMC Center for drug and
alcohol addiction – 4000 West 13th Street
Residential treatment facility for up to 32 residents.
There are also several other public/institutional type uses in the area
within 1,500 feet of the property.
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 11 persons is
1,150 square feet. As noted earlier the residential structure contains
2,902 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant. The
bedroom arrangement as proposed will conform to ordinance standards.
Staff is not supportive of the requested special use permit to allow a
parolee housing facility at 805 Lewis Street. Based on the survey, which
staff conducted of the area within 1,500 feet of the site, staff feels that the
two (2) other similar residential living facilities, in conjunction with the other
public/institutional uses in the area, are more than adequate number for
the defined neighborhood area. The two (2) facilities represent a
maximum of 44 transitional residents within the neighborhood. Staff feels
the applicant should seek another location for the proposed parolee
housing facility, in a neighborhood area, which contains a smaller number
of similar transitional residential facilities.
D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007)
Randy Frazier and Paul Chapman were present, representing the
application. Staff briefly described the proposed parolee housing facility.
Staff noted that some additional information was needed regarding the
size of the residential structure and the individual bedrooms. In response
to a question from staff, Mr. Frazier noted that no Bill of Assurance could
be located at the County Courthouse. Mr. Chapman explained that the
on-site staff was experienced.
July 19, 2007
ITEM NO: B (Cont.) FILE NO.: Z-8177-A
5
The issue of notification was briefly discussed. Staff informed the
Committee of the neighborhood associations notified.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends denial of the requested special use permit to operate a
parolee housing facility at 805 Lewis Street.
PLANNING COMMISSION ACTION: (JUNE 7, 2007)
Staff informed the Commission that the applicant requested the application be
deferred to the July 19, 2007 Agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays, 1 absent and 1 open position, the Commission
voted to waive their bylaws and accept the deferral request being less than five
(5) working days prior to the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 19, 2007 Agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open
position.
STAFF UPDATE:
The applicant submitted a letter to staff on July 2, 2007 requesting the Special
Use Permit application be withdrawn. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
Staff informed the Commission that the applicant submitted a letter on July 2,
2007 requesting the application be withdrawn. Staff supported the withdrawal
request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal. A motion to that effect was made. The motion
passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
July 19, 2007
ITEM NO.: C FILE NO.: Z-8225
NAME: Hubbard Day Care Family Home –
Special Use Permit
LOCATION: 6724 Carolina Drive
OWNER: Derrick and Myia Hubbard
APPLICANT: Myia Hubbard
PROPOSAL: A Special Use Permit is requested to allow a Day
Care Family Home to be operated in the single
family residence located on the R-2 zoned
property at 6724 Carolina Drive.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Wright Avenue, Central
High and Downtown Neighborhood Associations were notified of the
public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
6724 Carolina Drive is located on the west side of Carolina Drive, south of
West 65th Street. The properties to the north, south and east are zoned
R-2 and contain single family residences. There is PR zoned property
(Hindman Park) immediately to the west.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted
that she will have no employees. Her mother fills in for her if needed.
There is a one-car driveway from Carolina Drive, which widens to a two-
car width. There is parking for five (5) vehicles including the carport. Staff
feels that this will allow sufficient space for drop-off and pick-up of
children. On inspection of the site, staff observed no vehicles parked on
unpaved areas. Staff also observed no vehicles on the site, which were
not operational.
July 19, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8225
2
The applicant is currently providing care for five (5) children at this
location. The applicant is in the process of being licensed by the State for
up to ten (10) children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single family zones will be permitted. The
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1965 and appears to still be in effect. The Bill of
Assurance contains the following language:
“(1). No lot shall be used except for residential purposes.
No building shall be erected, altered, placed or permitted to
remain on any lot other one single-family dwelling not to
exceed two stories in height and a private garage for not
more than two cars.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes
the site and location criteria for day care family homes as follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
July 19, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8225
3
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007)
Myia Hubbard was present, representing the application. Staff presented
the proposed special use permit request. Staff noted that inspection of the
site revealed no violation of the ordinance requirements for day care
family homes. Staff noted that the applicant is currently caring for up to
five (5) children at this location. Staff also explained that this property is
not located within 300 feet of another day care family home or day care
center.
In response to a question from the Committee, Mrs. Hubbard noted that
there will be no therapist or other employee associated with the day care
family home.
July 19, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8225
4
The issue of notices to surrounding property owners and neighborhood
associations was briefly discussed. Staff noted that as of this date no
comments from the neighborhood had been received.
There being no further issues for discussion, the Committee forwarded the
application to the full Commission for final action.
E. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 6724 Carolina Drive, subject to the following conditions:
1. Compliance with the site and location criteria in Section 36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
PLANNING COMMISSION ACTION: (JUNE 7, 2007)
Staff informed the Commission that the applicant requested the application be
deferred to the July 19, 2007 Agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays, 1 absent and 1 open position, the Commission
voted to waive their bylaws and accept the deferral request being less than five
(5) working days prior to the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 19, 2007 Agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open
position.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
Myia Hubbard was present, representing the application. There were two (2)
objectors and one (1) supporter present. Staff presented the application with a
recommendation of approval.
Myia Hubbard addressed the Commission in support of the application. She
noted that she had lived at 6724 Carolina Drive for four (4) years. She explained
that her day care family home would provide a good opportunity for childcare in
the neighborhood.
July 19, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8225
5
Ruth Bell, of the League of Women Voters, also addressed the Commission in
support of the application. She explained that the League of continued to be in
support of day care family homes which complied with ordinance standards.
John Honea, of the South Brookwood Neighborhood Association, addressed the
Commission in opposition. He noted that the proposed day care family home did
not conform to the neighborhood’s bill of assurance. He also noted that other
similar day care type uses could go in the neighborhood. He expressed concern
with parking and traffic on Carolina Drive.
Pat Gee, of SWLR United for Progress, also spoke in opposition. She noted that
her association had voted to oppose the proposed day care family home. She
expressed concern with traffic safety in the area, the bill of assurance, and day
care uses on main residential streets.
Ms. Hubbard noted that there had been no problems with the day care use for
five (5) children at 6724 Carolina Drive. Vice-Chairman Taylor asked how long
she had cared for five (5) children on the site. She noted that it had been 1 ½
years.
A motion was made to approve the special use permit, as recommended by staff.
The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position.
The application was approved.
July 19, 2007
ITEM NO.: D FILE NO.: Z-8214
NAME: Jefferson Day Care Center – Conditional Use Permit
LOCATION: 3200 and 3208 Gilman Street
OWNER/APPLICANT: Gail Lambert/Lanell Jefferson
PROPOSAL: A conditional use permit is requested to allow
conversion of these two residential structures into
a day care center. The properties are zoned R-3.
STAFF REPORT:
On May 24, 2007, the applicant contacted staff and requested deferral of the item
to allow more time to address issues raised at the May 17, 2007 Subdivision
Committee meeting. Staff recommends deferral to the July 19, 2007
Commission meeting.
PLANNING COMMISSION ACTION: (JUNE 7, 2007)
The applicant was not present. There were no objectors present. Staff presented
the item and a recommendation of deferral. There was no additional discussion.
The item was placed on the consent agenda and approved for deferral to the
July 19, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open
position.
STAFF REPORT:
The applicant has not submitted the required site plan, as instructed by the
Subdivision Committee. Staff recommends the item be deferred to the
August 30, 2007 Commission Agenda.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to submit the required site plan. The
item was placed on the consent agenda and deferred to the August 30, 2007
meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position.
July 19, 2007
ITEM NO.: E FILE NO.: Z-8222
NAME: Bylites – Conditional Use Permit
LOCATION: 712 East 11th Street and 1011 McMath Avenue
OWNER/APPLICANT: Bylites/Terry Burruss
PROPOSAL: A conditional use permit is requested to allow for
construction of an addition to this existing facility to
accommodate office space, storage and shop space.
The property is zoned UU.
1. SITE LOCATION:
The property is located on the north side of East 11th Street, between
MacArthur Park and I-30.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses, on the eastern fringe of
the MacArthur Park Historic District. MacArthur Park is located across
McMath Street to the east. Apartments and I-30 are located to the east.
The University of Arkansas Law School is to the south. The properties to
the north contain a variety of uses including residential, restaurants and
convenience stores. The Historic District Commission has approved the
project, with conditions related to building and site design. If the
development is built, as conditioned by the HDC, it should be compatible
with uses in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the MacArthur Park, Downtown
and Pettaway Park/East of Broadway Neighborhood Associations were
notified of the request.
3. ON SITE DRIVES AND PARKING:
There is no requirement to have on-site parking in the UU Zoning District.
This site does have a small parking lot located north of the building with
access off of McMath Street. The parking lot will be enlarged slightly
under this proposal and will be within a courtyard created by the buildings
and a new wood fence and rolling wood gate. The parking area is
currently graveled. The parking must be paved.
July 19, 2007
ITEM NO.: E (Cont.) FILE NO.: Z-8222
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
Site plan requires approval from the MacArthur Park Historic District
Commission. Contact Brian Minyard for information at 501-371-4789.
Street trees are required per the UU district standards.
An automatic irrigation system to water landscaped areas will be required.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape/Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
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. Sidewalk and curb are in
need of replacement along East 11th Street and on McMath Street.
2. Provide a twenty (20) foot curb radius at the intersection of East 11th
Street and McMath Street.
3. A twenty (20) foot radial dedication of right-of-way is required at the
intersections of alley and East 11th Street and East 11th Street and
McMath Street.
4. Handicap ramps are required to be installed in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
5. All driveways shall be concrete aprons per City Ordinance.
6. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1805 (Travis
Herbner).
7. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the improvements located in the right-of-way. It appears
from initial inspection that the burford hollies are located in the
right-of-way.
July 19, 2007
ITEM NO.: E (Cont.) FILE NO.: Z-8222
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing 6” sewer main located in alley. 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 if larger and/or additional water
meter(s) are required.
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: (MAY 17, 2007)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building design and height, fencing, site
lighting, signage, days and hours of operation and dumpster location. Staff noted
street trees, sidewalk design and ground floor building design specifics were
outlined in the UU zoning district and the plan must comply with those criteria or
a variance must be requested.
Public Works, Utility and Landscape Comments were noted.
Staff noted the site was located in the MacArthur Park Historic District and
approval must be obtained from the Historic District Commission. Staff stated
the issue had been reviewed by the Historic District Commission on May 14,
2007 and had been deferred to their June 11, 2007 meeting. Staff stated there
would likely be changes made to the plan to address HDC concerns and the
C.U.P. needed to be deferred from June 7, 2007 to July 19, 2007. The applicant
agreed to the deferral suggestion.
STAFF ANALYSIS:
Bylites, Inc., a lighting, staging and sound company, is located on the Urban Use
zoned property at 712 East 11th Street. The existing building, which was
originally constructed as a church, contains administrative offices and
July 19, 2007
ITEM NO.: E (Cont.) FILE NO.: Z-8222
4
warehouse/shop space. A gravel parking lot is located on the site. Bylites has
acquired the lot adjacent to the north and is proposing to remove the residential
structure from that lot and to build in its place a two-story, 9,280 square foot
warehouse addition. The property is located on the fringe of the MacArthur Park
Historic District and is located between MacArthur Park and Interstate 30.
The proposed addition will be attached to the north end of the existing building
and will have setbacks of 22’4” on the west (front), 4’10” on the east (rear) and
7’0” on the north. The applicant submitted responses to the issues raised at the
May 17, 2007 Subdivision Committee meeting. Signage consists of an awning
sign on the south façade. No additional signage is proposed. The existing
fencing will be reduced to six feet in height. The new fencing to enclose the
parking courtyard will also be six feet in height. Site lighting is located on the
west façade overlooking the courtyard. No new lighting is proposed. The
office/warehouse is typically open Monday through Friday, 9:00 a.m. – 5:00 p.m.
and as needed for deliveries. The bill of assurance for the Masonic Addition
does not address use issues.
The Historic District Commission approved a Certificate of Appropriateness for
the project at their June 11, 2007 meeting. The approval included the following
conditions and comments:
1. The applicant will make a good faith effort to relocate the residential structure.
2. The west façade of the addition has been moved back which can result in
saving the existing tree.
3. Six metal clad wood windows (6 over 1) have been added to the west façade.
On the north façade, the six window reliefs have been converted to twelve
window reliefs. Five window reliefs on the east façade have been modified to
eight. The windows will have simulated divided lites.
4. The exterior of the building has been changed to stucco. The expansion lines
have been shown on the façade. The color of the stucco will match the
existing stucco on the building. The cornice of the new building will be of
EIFS and will be the same color as the new stucco. The base of the new
building will be of split face blocks.
5. The new and existing fence will be six feet tall.
6. The existing hedgerow along the north perimeter will be retained as possible.
7. The parking area will be paved with concrete.
8. The red brick on the church addition will not be painted at this time.
9. The existing nightlight will remain. No new exterior lighting will be added at
this time.
July 19, 2007
ITEM NO.: E (Cont.) FILE NO.: Z-8222
5
Staff is supportive of the proposed conditional use permit. To staff’s knowledge,
there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Compliance with the comments and conditions from the Historic District
Commission associated with that Body’s approval of a Certificate of
Appropriateness.
3. Street trees and sidewalk design are to be installed and constructed to
comply with UU zoning district standards.
4. The parking area is to be paved with concrete.
Staff recommends approval of a variance from the ground floor building design
criteria of the UU District to allow the building design as approved by the Historic
District Commission.
STAFF REPORT:
This issue was reviewed by the Historic District Commission at its May 14, 2007
meeting. The Commission deferred the item to its June 11, 2007 meeting.
There will likely be changes made to the site plan to address HDC concerns.
Staff recommends deferring this item to the July 19, 2007 Planning Commission
meeting at which time the final plan and HDC comments will be included.
PLANNING COMMISSION ACTION: (JUNE 7, 2007)
The applicant was not present. There were no objectors present. Staff presented
the item and a recommendation of deferral. There was no additional discussion.
The item was placed on the consent agenda and approved for deferral to the
July 19, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open
position.
PLANNING COMMISSION ACTION: (JULY 19, 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. Staff also recommended
July 19, 2007
ITEM NO.: E (Cont.) FILE NO.: Z-8222
6
approval of a variance to allow the building design as approved by the Historic
District Commission. There was no further discussion. The item was placed on
the consent agenda and approved as recommended by staff. The vote was
9 ayes, 0 noes, 1 absent and 1 open position.
July 19, 2007
ITEM NO.: 1 FILE NO.: G-23-387
Name: Spring Street – Right -of-Way Abandonment
Location: Between West 16th and West 17th Streets
Owner/Applicant: Cathedral School/Stephen R. Giles
Request: To abandon the 60’ wide section of Spring Street
located between West 16th and West 17th
Streets.
Purpose: To control vehicular and pedestrian access to
school and office within school campus.
STAFF UPDATE:
The applicant submitted a letter to staff on June 27, 2007 requesting the
application be deferred to the August 30, 2007 Agenda. Staff supports the
deferral request.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
Staff informed the Commission that the applicant submitted a letter on June 27,
2007 requesting the application be deferred to the August 30, 2007 agenda.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 30, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and
1 open position.
July 19, 2007
ITEM NO.: 2 FILE NO.: Z-3045-A
NAME: Pevahouse Accessory Dwelling – Conditional
Use Permit
LOCATION: #3 Edgehill Drive
OWNER/APPLICANT: Joe and Vicki Pevahouse/Yeary Lindsey Architects
PROPOSAL: A conditional use permit is requested to allow an
accessory dwelling on this R-2 zoned lot.
1. SITE LOCATION:
The property is located on the north side of Edgehill Drive, one lot east of
N. Beechwood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a neighborhood of large single-family homes on
large lots. It appears other properties in the neighborhood also contain
guesthouse type structures, pool houses or larger accessory buildings.
The applicants propose to remodel an existing pool pavilion and
greenhouse into a new pool house and guest quarters. The existing brick
walls on the north and east perimeters will be incorporated into the new
structure; maintaining the existing setbacks. The proposed pool
house/guest quarters should be compatible with uses in the area.
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 Forest Park,
Heights, Hillcrest and Prospect Terrace Neighborhood Associations were
notified of this request.
3. ON SITE DRIVES AND PARKING:
The Code requires one on-site parking space each for the principal
dwelling and accessory dwelling. The site has more than sufficient,
existing, paved parking.
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS COMMENTS:
No comments.
July 19, 2007
ITEM NO.: 2 (Cont.) FILE NO.: Z-3045-A
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: No Comments.
SUBDIVISION COMMITTEE COMMENT: (JUNE 28, 2007)
Carolyn Lindsey was present representing the applicant. Staff presented the
item and noted additional information was needed regarding building materials
and design, building height and roof pitch. Staff asked the applicant to specify
measures to be taken to address potential water run-off onto adjacent properties.
In response to a question from staff, Ms. Lindsey stated no separate utilities were
requested. The applicant was asked to clarify if the structure would, in fact, be
occupied as a residence. Staff noted that a perpetual maintenance easement
would be needed from the property owner to the east to allow for construction
and maintenance of this structure due to reduced setback. Staff informed the
committee that variances were needed to allow reduced setbacks on the north
and east and to allow an encroachment into an easement on the north. The
applicant stated the variances were needed because the structure would be built
using existing walls on the north and east that already had reduced setbacks and
encroached into the easement.
The applicant was instructed to respond to staff issues by July 3, 2007. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at #3 Edgehill Drive is occupied by a large, two-
story, brick and frame, single-family residence. The property also contains a
pool, pool pavilion structure and a greenhouse. The existing pool pavilion
structure currently contains an enclosed dressing area, half-bath and pool
July 19, 2007
ITEM NO.: 2 (Cont.) FILE NO.: Z-3045-A
3
equipment room. There is also a kitchenette covered by the main roof that
creates an exterior porch type structure. The pavilion roof consists of a central
hip roof with flat roofed “wings” at each side (north and south). The attached
greenhouse roof slopes down toward the front yard at the south. All of the
existing roofs are presently supported on top of substantial buttressed brick walls
which surround the pool area on the north and east sides. The existing wall/pool
pavilion/greenhouse structure has a setback of 1.4 feet from the north property
line and a setback varying from less than a foot to 1.4 feet from the east property
line. The structure intrudes approximately 2.6 feet into a 4-foot easement located
along the north property line.
The applicants are proposing to remodel the existing pool pavilion-greenhouse
structure. The new structure will be used primarily as a pool house, but will
occasionally be used as a guesthouse for visiting family and friends. The
dilapidated roofs and wood partition walls will be removed. The existing north
and east brick walls will be used as supporting walls for the new structure. The
structure will be constructed of brick and ornamental precast concrete. The roof
will rest on a beam aligning with the top of the existing 9’4” high brick walls and
will gradually slope with a 2:12 slope to a maximum height of 13’6” behind a west
parapet wall.
The roof will be a standing seam metal roof and will hip down to a gutter at the
north and east wall tops. The gutters will be taken to downspouts and sub grade
drains on the applicant’s property. A lower extension of the roof will slope toward
the south to cover the greenhouse structure that will be incorporated into the new
pool house design.
The new structure will contain a living space, kitchen, full bath, bedroom and pool
equipment room. Since the structure will have all the elements of a dwelling, a
conditional use permit is required.
The applicants have responded to the issues raised at Subdivision Committee.
The 1930 bill of assurance for Edgehill Addition appears to have expired on
January 1, 1951. Separate utilities are not requested.
As previously noted, the existing structure has reduced setbacks on the north
and east and extends into an easement along the north property line. The
applicants propose to utilize the existing brick wall on the north and east sides;
maintaining the existing setbacks and encroachment. All utility companies and
Public Works have approved the proposed easement encroachment. Since no
new encroachments are proposed, staff is supportive of allowing the remodeled
structure to maintain the existing, reduced side and rear yard setbacks. The
Code typically requires a 3-foot setback for accessory structures. The applicant
has described the measures that will be taken to assure water run-off onto
neighboring properties will not occur. If it is necessary to utilize any of the
neighbor’s property to access the structure during construction, permission must
July 19, 2007
ITEM NO.: 2 (Cont.) FILE NO.: Z-3045-A
4
be obtained from that neighbor in the form of a maintenance easement. The
applicants are working with their neighbors to address this possibility.
To staff’s knowledge, there are no outstanding issues. The proposed pool
house/guesthouse structure appears to be compatible with uses in the area and,
if designed as proposed, should have no impact on adjacent properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. The guttering, downspouts and sub grade drains are to be installed so as to
prohibit water run-off onto neighboring properties.
2. The structure is to be used only as a pool house and as guest quarters for
friends and family members visiting the occupants of the principal dwelling on
the property.
3. The property owner(s) must reside on the property.
4. Permission from the neighboring property owner, in the form of a
maintenance easement, must be obtained if it is necessary to access the
neighboring property to construct or maintain this accessory structure.
Staff recommends approval of the requested variances to maintain the existing,
reduced setbacks from the north and east property lines and to continue the
encroachment into the utility easement.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
The applicant was not present. There were no objectors present. . Staff informed
the Commission that the applicant had requested deferral of the item to allow for
additional discussion with the neighbors. There was no further discussion. The
item was placed on the consent agenda and deferred to the August 30, 2007
meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position.
July 19, 2007
ITEM NO.: 3 FILE NO.: Z-5646-A
NAME: Little Rock School District New West Little Rock
School – Conditional Use Permit
LOCATION: SW corner of Cantrell Road and West Taylor
Loop Road
OWNER/APPLICANT: Various Owners/Little Rock School District
PROPOSAL: A conditional use permit is requested to allow for
construction of a new public school on this R-2 zoned
18.7± acre tract.
1. SITE LOCATION:
The site is located at the southwest corner of Cantrell Road and the west
leg of Taylor Loop Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located on the south side of an arterial street in an area
that contains residential and office uses. Undeveloped residential
property and a few single-family houses are located across Cantrell Road.
A church is located across Forest Lane to the south. The properties
across Taylor Loop are primarily occupied by single-family homes. A
single-family subdivision and several office uses are adjacent to the west.
A large portion of this tract is actually shown as Transition on the City’s
Land Use Plan, which envisions the potential of office or institutional type
development. With attention to adequately screening the nearby
residences and addressing the issues related to traffic, the proposed use
could be compatible with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and The Johnson Ranch,
Westchester/Heatherbrae, Pinnacle Valley, Tulley Cove and Chevaux
Court Neighborhood Associations were notified of this request. The
school district hosted a public meeting on June 25, 2007 at the public
library on Rahling Circle for any interested parties. Approximately 50
persons attended.
3. ON SITE DRIVES AND PARKING:
At full build-out, the proposed school is to have a maximum enrollment of
approximately 1,335 students. The approximate numbers of classrooms
by grade and the required parking are as follow:
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
2
GRADE # OF CLASSROOMS REQUIRED PARKING
Pre-kindergarten 6 (20 children each) 12
Kindergarten 6 (20 children each) 12
Elementary 25 25
Middle School 12 12
Total Employees 110 110
TOTAL 171
The proposed site plan indicates a dedicated bus drive on the east side of
the school, off of Taylor Loop Road. The drive extends the length of the
school and is two lanes wide. The parking lot and private vehicle drop-off
lanes take access off of Forest Lane, south of the school. The parking lot
contains 169 spaces. A dedicated pre-K drop-off driveway is located off of
the parking lot. A separate two-lane wide drop-off is located off of Forest
Lane, adjacent to the parking lot. The applicant has indicated discussions
are taking place with the church located to the south which would allow
the church to use some of the school’s parking on Sundays and which
would allow the school use of the church’s spaces during the week as
needed for overflow. The proposed parking and drop-offs appear
adequate for the estimated numbers of classrooms and employees.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
The Highway 10 Overlay District requires a minimum of twenty-five foot of
green space around the sites entirety.
Berming is encouraged along Highway 10.
Landscaping is required per the Highway Overlay District standards in
addition to the landscape ordinance requirements per the zoning and
landscaping code.
Interior Islands are to be evenly distributed on the site.
The zoning buffer ordinance requires a twenty-six (26’) foot wide land use
buffer along the western perimeter of the site next to the residentially
zoned property. Seventy percent (70%) of this buffer is to remain
completely undisturbed. This includes the clearing or grubbing of any/all
underbrush.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
3
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 where the
site is adjacent to residential properties. Credit towards fulfilling this
requirement can be given for existing trees and undergrowth that satisfies this
year-around requirement.
An automatic irrigation system to water newly landscaped areas will be
required.
Prior to the issuance of a building permit, a landscape plan must be
approved. The plan must be sealed by a licensed Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6) inch
caliper or larger.
5. PUBLIC WORKS COMMENTS:
1. Eastbound right-turn lane on Highway 10 needs to be 250 ft. long
with 100 ft. taper.
2. Location of northern bus entrance does not meet driveway spacing
requirement. The drive must be located at a distance of 250 ft.
minimum from an intersecting street i.e. Highway 10.
3. Driveways on Taylor Loop must have adequate Intersection Sight
Distance as required by latest edition of Green book. Contact Nat
Banihatti in Traffic Engineering at 379-1818 for additional
information. Note that Stopping Sight Distance is different from
Intersection Sight Distance.
4. The intersection of Taylor Loop and Forest Lane will be STOP
controlled on minor approaches. This will require police assistance
during school peak-hours so that traffic can exit Forest Lane safely.
5. Since school traffic tends to have very short peak periods with very
high traffic volumes, the northbound left-turn bay on Taylor Loop at
Forest Lane must be able to store at least ten cars. This will require
250 ft. left-turn bay. If comment is not feasible, a properly designed
standard roundabout may be considered as an option.
6. All driveway/intersection designs must be checked using Turning
Vehicle templates or software such as Auto track to ensure school
buses and service trucks can make the runs.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
4
7. Street lighting must be provided on all boundary streets. This will
require underground circuit with direct-burial galvanized steel poles
as installed by Entergy with differential costs paid by the applicant.
Design and submit streetlight plans for the project. Occupancy
permit will not be issued until all streetlights are functional. Contact
Steve Philpott of Traffic Engineering @ 379-1813 for street light
requirements.
8. Design and submit pavement striping plan as per MUTCD
requirements for all boundary streets. Striping material shall be
thermoplastic or better.
9. It is the responsibility of applicant to install a traffic signal at the
intersection of Highway 10 and Taylor Loop Road. Design and
submit traffic signal plans to Traffic Engineering Division for approval.
10. All striping within the school zone must conform to MUTCD
standards.
11. Redesign service drive area. The current layout does not provide
sufficient area for truck access. All maneuvering for access to the
loading dock must be accommodated on-site.
12. All improvements on Cantrell Road require AHTD approvals. The 50
ft. radius on Cantrell seems excessive. Final intersection design to
be established with the roadway design. Layout as shown is only
schematic. Final engineering design will be per AASHTO Green
Book Standards.
13. Currently, vehicles at the church located south of the subject property
park in the right-of-way and back out directly onto Forest Lane. No
future vehicles will be allowed to back directly out onto Forest Lane.
The applicant should contact the Church pertaining to this matter and
show proposed driveways on the southside of Forest Lane and on
the north side at the property not owned by the district. It is believed
that previously, right-of-way has been dedicated to the City on the
south side of Forest Lane at the church.
14. Is the school district proposing to improve Forest Lane west of the
site? If so, please provide a plan.
15. Taylor Loop 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.
16. Due to the proposed use of the property, the Master Street Plans
specifies that Forest Lane for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
5
17. A 20-foot radial dedication of right-of-way is required at the
intersection of Forest Lane and Taylor Loop Road.
18. A 20-foot radial dedication of right-of-way is required at the
intersection of Cantrell Road and Taylor Loop Road.
19. With site development, provide design of street conforming to the
Master Street Plan. Construct street improvements to Cantrell Road,
Taylor Loop Road and Forest Lane including 5-foot sidewalks with
planned development.
20. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
21. 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).
22. A grading permit in accordance with Section 29-186 (c) & (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, drainage plans will need to be submitted and approved prior
to the start of construction.
23. Storm water detention ordinance applies to this property.
24. 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.
25. Per Section 29-189 (d), groups of trees and individual trees that are
not to be removed or are located within required undisturbed buffer
areas shall be protected during construction by protective fencing
and shall not be used for material storage or for any other purpose.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required, with easements.
Entergy: No comment received.
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.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
6
A Capital Investment charge based on the size of connection(s) will apply
to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
This development will have minor impact on the existing water distribution
system. Proposed water facilities will be size to provide adequate
pressure and fire protection.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Fire Department: Approved as submitted.
County Planning: No Comments.
SUBDIVISION COMMITTEE COMMENT: (JUNE 28, 2007)
Wes Lowder and Rachel Taylor, of the Mehlburger Firm were present
representing the applicant. Staff presented the item and noted additional
information was needed regarding building design and height, phasing of
construction, number of classrooms by grade, number of employees, signage,
fencing and site lighting. The applicants were advised to specify the dumpster
location and screening. Staff asked the applicants to describe the location of
mechanical equipment and measures to be taken to screen the equipment from
nearby residences. Staff asked if there would be outside speakers, bells or
intercom and if there would be any formal use of the “practice football field”. Staff
questioned specifically the height of the building in relation to the residences to
the west and what screening would be located along the western perimeter of the
site.
Landscape and Utility Comments were discussed.
The majority of the discussion centered on Public Works Comments and Traffic
issues. It was noted that a traffic study had been prepared and submitted with
the application. Mr. Lowder noted that the District would widen and improve both
sides of Taylor Loop Road and both sides of Forest Lane from Taylor Loop to the
west boundary of the school site. Mr. Lowder also stated the turn lane on
Cantrell Road and the traffic signal at Cantrell and Taylor Loop Road would be
constructed prior to construction beginning on the site.
Staff noted that the right-of-way for Forest Lane encompassed a portion of the
church parking lot located on the south side of the street. Staff advised the
applicants to meet with the church regarding what impact there would be on the
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
7
church site. Mr. Lowder responded that those conversations had already taken
place and the District and the church had discussed a mutual parking agreement.
Staff advised the Committee that they were continuing to study the issue of traffic
and there were concerns with the condition of Forest Lane, west of the proposed
school site.
Mr. Lowder informed the Committee that approximately 50 persons attended an
informational meeting on June 25, 2007 where the proposed school plan was
presented.
The applicants were advised to respond to staff issues by July 3, 2007. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The Little Rock School District is requesting approval of a conditional use permit
to allow for construction of a Pre-K through Grade 8 public school on the R-2
zoned, 18.75± acre tract located at the southwest corner of Cantrell Road and
West Taylor Loop Road. The school is proposed to contain grades Pre-K
through Grade 8. The project may or may not be completed in phases. That will
be determined by the school board at a later date. If the school is built in phases,
Phase I would likely consist of the core of the building and would accommodate
grades Pre-K through Grade 5 with a maximum enrollment of 895 students.
Phase II would expand the building to accommodate Grades 6-8 with an
additional 440 students and a total enrollment of 1,335 students. If built, the
school will be the first new public school in the western part of the City since the
1978 opening of Fulbright Elementary.
The building will vary from one to two stories in height. Building materials and
roof design have not been determined at this print. Signage is proposed at the
driveway entrances. The signs will be of similar material to the building material.
The property is located within the Highway 10 Design Overlay District. Staff
would recommend that signage be limited to that allowed by the Overlay District;
one monument style ground-mounted sign a maximum of six (6) feet in height
and seventy-two (72) square feet in area and wall signage on the north, east and
south facades only. Directional signage may be placed at the driveway
entrances. An eight (8) foot tall wood and brick fence is located along a portion
of the western perimeter of the site adjacent to Montagne Subdivision. The
school district will construct approximately 400 feet of 6-foot tall opaque fence
along the remainder of the western perimeter of the site, from the Montagne
fence to Cantrell Road. The site will have sufficient lighting around the building
for protection of the children. Pole lighting will be placed in vehicular use areas.
Lighting will be shielded downward and into the site and the design will not
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
8
exceed 1-foot candle at the property lines. The dumpster enclosure will be
located at the service drive, at the northeast corner of the building. The
mechanical system has not been designed. All mechanical equipment will be
screened from adjacent residential properties. Mechanical equipment on the roof
will be screened by adjacent building mass, a screen wall or a combination
thereof. Mechanical equipment on the ground will be screened by building
structure, screen wall, vegetation or a combination thereof. During school hours,
outside speakers will be used, particularly in the areas of the playfield and the
student drop-off/pick-up zones. The playfield north of the building will double as
a football practice field. There will be no formal game use of this field and no
lighting, grandstands, concession stands or restrooms will be installed in
conjunction with this field.
Landscaping on the site has been designed to comply with the Highway 10
Overlay District requirements; including a 40-foot front landscaped area and 25-
foot side and rear landscaped areas. The zoning buffer along the west perimeter
is required be 26 feet in width; 70% of which is to remain undisturbed. The
District is asking to clear underbrush out of the entire buffer due to concern for
safety of the students. All trees with truck diameters of 3” or greater are to be left
undisturbed. Staff is supportive of this request with the condition that additional
evergreen trees will be planted in the buffer as determined necessary to provide
screening for the adjacent properties. All screening and buffer requirements also
apply where the school site is adjacent to the residential properties at the
southeast corner of the site.
The District commissioned Peters and Associates Engineers, Inc. to conduct a
traffic impact study for the proposed school. The following information is taken
from the Traffic Study’s Executive Summary:
There are expected to be few pedestrians (children walking to
and from school) at this school because of the location of the
school and its proximity to Highway 10.
Information provided by LRSD for the breakdown of students
expected to ride the bus and parent pick-up/drop-off is as
follows:
Elementary School (Phase 1)
It is expected that approximately 55 percent of the elementary
school students will ride the bus (this is slightly lower than the
nearest existing schools in the vicinity – Fulbright Elementary
School and Terry Elementary School). The majority of the
remaining 45 percent of the elementary school students are
expected to be picked-up and dropped-off by private vehicles.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
9
Middle School (Full Build-Out)
It is expected that approximately 60 percent of the middle
school students will ride the bus. The majority of the remaining
40 percent of the middle school students are expected to be
picked-up and dropped-off by private vehicles.
Recommendations of this study, for both Phase 1 and full build-
out, are summarized as follows:
• It is recommended to widen Taylor Loop Road to three lanes
from south of Forest Lane to Highway 10.
• It is recommended that Forest Lane be widened to three
lanes from just west of the Parent Pick-Up/Drop-Off Loop to
Taylor Loop Road. Additionally, Forest Lane, west of the
site, should be widened to a minimum two-lane roadway
section to allow for an eastbound lane and a westbound
lane.
• It is recommended that Highway 10 be widened to
accommodate the addition of an eastbound right-turn lane at
Taylor Loop Road.
• It is recommended that the roadway geometry for the Pre-K
Pick-Up/Drop-Off Loop approach to Forest Lane be
constructed to consist of an outbound lane and an inbound
receiving lane.
• It is recommended that the roadway geometry of the Parent
Pick-Up/Drop-Off Loop approach to Forest Lane be
constructed to consist of an outbound left-turn lane, an
outbound right-turn lane and two inbound receiving lanes.
• It is recommended that sidewalks be constructed adjacent to
the site along Highway 10, Taylor Loop Road and Forest
Lane.
• It is recommended that a fully-actuated traffic signal be
installed at the intersection of Highway 10 and Taylor Loop
Road coincident with the Phase 1 site development. This
traffic signal should have provisions to be a part of a closed-
loop coordinated traffic signal system.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
10
• It is recommended at full build-out conditions the intersection
of Taylor Loop Road and Forest Lane be re-evaluated,
based on actual traffic volumes, and traffic signal warrants
be re-examined.
• Traffic signal design at Highway 10 and Taylor Loop Road
and roadway improvements along Highway 10 must conform
to AHTD and the City of Little Rock design standards and
will require approval by AHTD and the City.
• Roadway improvements along Taylor Loop Road and Forest
Lane must conform to the City of Little Rock design
standards and will require approval by the City.
Public Works staff has reviewed the revised plan for the proposed West Little
Rock School and has the following comments:
• If the bus entrance cannot move further south away from Cantrell
Road, a variance should be requested for the driveway to be closer
than 250 ft. as required by code from Cantrell Road since Taylor
Loop Road is a collector street per the MSP.
• The traffic study prepared by the applicant and submitted to the
City for review recommends Forest Lane, west of the site, should
be widened to a minimum two-lane roadway section to allow for an
eastbound lane and a westbound lane. Today, the width of
pavement on Forest Lane west of the site to S. Katillus Road varies
in width. The widest portion is 28 ft. near the intersection of S.
Katillus and the narrowest portion is 15 ft. wide further to the east.
Staff agrees with the applicant’s traffic study that Forest Lane
should be widened to at least 20 ft. of pavement from the site to S.
Katillus Road to approximately 400 ft. of Forest Lane west of the
site to be widened a maximum of 5 ft. No curb or gutter will be
required to be installed on the south side of Forest Lane but
considerations should be taken for drainage.
Staff is supportive of the requested C.U.P. and believes the proposed school is
an appropriate use for the site. Appropriate, year-round screening must be
installed and maintained where the site is adjacent to residential properties.
Public Works Comments and the recommendations of the applicant’s traffic study
must be complied with, including the traffic study recommendation to widen
Forest Lane West of the site to Katillus Road.
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.
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
11
2. Compliance with the recommendations outlined in the Executive Summary of
the Peters and Associates Engineers, Inc. traffic study; including that Forest
Lane be widened west of the site to Katillus Road. All required street
improvements are to be constructed with Phase 1.
3. The turn lane on Cantrell Road and the traffic signal at Cantrell Road and
West Taylor Loop Road are to be constructed prior to construction beginning
on the site.
4. Signage is to comply with the standards established by the Highway 10
Overlay District; one monument style ground mounted sign not to exceed six
(6) feet in height and seventy-two (72) square feet in area, wall signage on
the north, south and east facades of the building and directional signage at
the driveway entrances not to exceed six (6) feet in height and two (2) square
feet in area.
5. All site lighting is to be shielded downward and into the site.
6. Dumpster service hours are to be limited to daylight hours only.
7. All mechanical equipment, whether roof mounted or ground mounted, is to be
screened from adjacent residential properties.
8. Prior to any grading or clearing of the site, the property is to be inspected by
City Staff to assure that all required buffer areas are marked and protected by
construction fencing.
Staff recommends approval of a driveway spacing variance to allow the bus
entrance off of Taylor Loop Road to have a reduced spacing from the Taylor
Loop/Cantrell Road intersection.
Staff recommends approval of the applicants’ request to clear underbrush out of
the buffer area subject to no trees with a diameter of three (3) inches or greater
being removed and subject to additional evergreen trees being planted in the
buffer as determined necessary by staff to provide screening for adjacent
residential properties.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
The applicants were present. There were three persons present who stated they
were not in opposition but had some issues with the proposal. Three letters had
been received by the Commission which stated the same. Dana Carney of the
Planning Department and Mike Hood of Public Works made the staff
presentation. Mr. Hood presented a graphic showing existing traffic counts on
area streets and discussed the improvements being proposed under this
application. Staff informed the Commission that the District had agreed to widen
Forest Lane west of the site as recommended by the traffic study. Staff stated
there were no further outstanding issues. Staff presented a recommendation of
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
12
approval subject to compliance with the comments and conditions outlined in the
“staff recommendation” above.
Wes Lowder, of the Mehlburger Firm, spoke on behalf of the application. He
stated much study had gone into the proposal. Mr. Lowder stated the District had
met with neighboring property owners and intended to continue to do so to try to
address their concerns. He stated they would work with the State highway
department to get approval to signalize the Taylor Loop/Cantrell Rd. intersection
prior to construction commencing on the site. Mr. Lowder described some
specifics of the site plan, noting the “generous drop-off and parking areas.”
Commissioner Laha asked Mr. Lowder why the District was proposing to do
street improvements in this case when at other school sites, the District had
requested deferrals of street improvements. Mr. Lowder responded that this was
a proposed new school and the other cases involved making improvements to
existing school campuses.
Phil Kaplan, a resident of the adjacent Montagne subdivision, addressed the
commission on his own behalf and on behalf of his neighbors. He stated they
were not opposed to the school but they wanted additional protection from the
potential impact of the school on the neighborhood. Mr. Kaplan stated the
neighborhood would prefer a buffer of at least 75 feet in width along the western
perimeter of the school site, as opposed to the 40 feet being proposed. He stated
a 75 foot buffer would preserve more mature trees on the site. Mr. Kaplan
discussed the proposed playfield shown between the building and Cantrell Rd.
He stated the playfield could turn into a location for regular Saturday morning
soccer league games unless the Commission specifically restricted the use of
that area.
Don Smith, of 57 Montagne Court, addressed the Commission with concerns
about traffic and the condition of adjacent streets.
John Hill , of 32 Montagne Court, reiterated that the neighborhood was not
opposed to the school but wanted additional protections. He stated he had taken
measurements of the difference between a 40 foot and a 75 foot buffer and had
found several mature trees would be saved with the larger buffer. Mr. Hill voiced
concern about a two-story building looking over the neighborhood and of the
location of the western-most driveway on the school site.
Mr. Kaplan stated he recognized the architects and engineers to be outstanding
and prestigious firms but, things happen when site work takes place. He again
asked the Commission to protect the neighborhood.
Mr. Lowder stated it was hard to develop any site without having some impact on
the environment. He stated the neighbors had been very gracious and he wished
he could give a 75 foot buffer, but the site’s constraints prevented him from doing
July 19, 2007
ITEM NO.: 3 (Cont.) FILE NO.: Z-5646-A
13
so. Mr. Lowder stated the homes in Montagne were designed with garages and
an alley to the rear, between the homes and the school site, which provided
some protection from development of the school site. He stated the proposed 40
foot wide buffer exceeded the 25 foot requirement of the Highway 10 Overlay
District. Mr. Lowder stated the District would work with the neighbors and staff to
supplement the buffer with evergreen trees so as to provide a better visual buffer.
Mr. Lowder stated they would protect and save most trees in the buffer.
Commissioner Williams asked if a subsequent school board could choose to start
using the playfield for formal games. Staff responded that the Commission could
condition the CUP or the applicant could offer an amendment specifying use of
the playfield, making it a condition that went with the land regardless of future
school administration changes.
Mr. Lowder responded that the District was amending the application to exclude
use of the playfield for Saturday morning organized games.
Dana Carney, of the Planning Staff, stated it was important to note that such a
condition would not prohibit use of the play areas by neighborhood children. He
stated the City’s Master Parks Plan included school play areas as fulfilling a need
for neighborhood parks and playgrounds.
In response to a question from Commissioner Yates, Mr. Lowder stated there
would be a berm installed within the Highway 10 frontage landscape area, as
required by the Overlay.
Also in response to a question, Mr. Lowder stated the District would work with a
landscape architect to assure that the evergreen plantings in the buffer would be
sufficient to provide the required screening.
Commissioner Yates suggested that signage might be placed at the end of the
bus lane directing buses to turn toward the Cantrell Rd. intersection rather than
turning to the south, along Taylor Loop Road. Traffic Consultant Gregg Simmons
stated there would only be about 14 buses at the site, which would have little
impact on Taylor Loop Road.
In response to a question from Chairman Stebbins, Mr. Lowder stated the area
between the bus lane and Taylor Loop Road would be landscaped.
A motion was made to approve the application as amended, subject to
compliance with all staff comments and conditions. The motion was approved
with a vote of 9 ayes, 0 noes, 1 absent and 1 open position.
July 19, 2007
ITEM NO.: 4 FILE NO.: Z-8237
NAME: Marks Chapel UMC – Conditional Use Permit
LOCATION: 5209 Ives Road
OWNER/APPLICANT: Marks Chapel UMC/James Scruggs
PROPOSAL: A conditional use permit is requested to allow for the
construction of a fellowship hall addition onto the
existing church located on this R-2 zoned property.
1. SITE LOCATION:
The church is located on the northeast corner of Ives Road and Dunbar
Street, one block north of Cantrell Road, in the Pankey neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church has existed at this site for many years. Surrounding
properties are sparsely developed with single family residences or are
vacant. Allowing the fellowship hall addition onto this small church will not
affect the church’s continued compatibility with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Pankey Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The church’s sanctuary has a seating capacity of 100 persons with an
average attendance of about 40. Parking has, for years, been on the
unimproved lot across the street to the south. Parking for churches is
calculated based on the seating capacity in the main worship area. There
is no change proposed to the sanctuary under this proposal; thus, no
change is required in parking. Two new, paved, handicap parking spaces
will be built adjacent to the new fellowship hall addition.
4. SCREENING AND BUFFERS:
A small upgrade in the site’s landscaping is required based on the
percentage of building expansion. Flexibility can be applied to siting the
landscaping.
July 19, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-8237
2
5. PUBLIC WORKS COMMENTS:
1. Dunbar Street is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25 feet from centerline will be
required. Since the Church owns both sides of Dunbar Street, the
dedication should come from both sides of the street.
2. Ives Street is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 25 feet from centerline will be required.
3. A 20-foot radial dedication of right-of-way is required at the
intersection of Ives Street and Dunbar Street. The dedication should
be on the north and south sides of Dunbar Street.
4. A 20-foot radial dedication of right-of-way is required at the
intersection of Dunbar Street and the alley.
5. For your information at the time of building permit issuance, provide
design of street conforming to the Master Street Plan. Construct
one-half street improvement to Dunbar Street to the residential street
standard.
6. For your information at the time of building permit issuance, storm
water detention ordinance applies to this property and the property will
be required to provide detention of storm water.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus routes. The Highway 10
express route is located one block to the south.
July 19, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-8237
3
SUBDIVISION COMMITTEE COMMENT: (JUNE 28, 2007)
The applicants were present. Staff presented the item and noted additional
information was needed regarding building materials, signage, site lighting and
fencing. Staff asked the seating capacity of the sanctuary and the current
attendance; for parking history. In response to a question from staff, the
applicants stated there would be no other activities on the site such as day care,
mother’s day out or private school. Staff stated a minor upgrade in landscaping
would be required.
Public Works Comments were discussed. Staff stated no sidewalk would be
required on Dunbar Street since it was a short, dead-end street. Staff stated an
in-lieu payment could possibly be made for stormwater detention, due to the
slope of the property and the small size of the lot.
The applicants were advised to respond to staff issues by July 3, 2007. The
Committee forwarded the item to full Commission.
STAFF ANALYSIS:
Mark’s Chapel United Methodist Church is located on the R-2 zoned property at
5209 Ives Road, in the Pankey community. This small church has been on this
site for many years, predating the area’s annexation into the City. Church
facilities consist of a small, one-story, brick building on the northeast corner of
Ives Road and Dunbar Street and an unimproved parking lot located on the
southeast corner of that intersection. The church is proposing to construct a 20’
X 42’, one-story addition onto the south side of the existing building. The
addition will be used for classroom space and a fellowship hall. Two paved,
handicap parking spaces are proposed to be built adjacent to the new addition.
The proposed addition will be built of a split-faced block with a pitched, shingled
roof. Screening will be placed along the east perimeter of the site and some
upgrade in landscaping will be installed. Signage is not proposed to change.
Staff would recommend that future signage be limited to that allowed in office
and institutional zones. No fencing is proposed. No other activities such as
daycare, mother’s day out or private school are proposed. The bill of assurance
for Josephine Pankey’s Third Addition does not address use issues. No site
lighting is proposed.
Once the required right-of-way is dedicated for Dunbar Street, the addition will
have a side yard setback of 1± foot from the south property line. Due to the way
the building sits on the lot, the setback is smallest at the southeast corner and
expands to almost 5 feet at the southwest corner. The proposed handicap
parking spaces will back directly into Dunbar Street. Staff is supportive of both
July 19, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-8237
4
the reduced setback and of allowing the parking to back into the street. Dunbar
Street is a very little-used street, which actually dead-ends one lot east of the
site. Staff does not believe either the addition or the new parking will impact the
street.
Staff is supportive of the proposed C.U.P. To staff’s knowledge, there are no
outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Signage is to be limited to that allowed in office and institutional zones.
3. Any new site lighting must be shielded downward and aimed into the site.
Staff recommends approval of the variances to allow the reduced setback for the
building addition and to allow the new handicap parking spaces to back into
Dunbar Street.
PLANNING COMMISSION ACTION: (JULY 19, 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. Staff also recommended
approval of variances to allow the reduced setback for the building addition and
to allow the new handicap spaces to back in to Dunbar Street. There was no
further discussion. The item was placed on the consent agenda and approved as
recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open
position.
July 19, 2007
ITEM NO.: 5 FILE NO.: Z-3879-C
NAME: Chicot Elementary School – Deferral of Street
Improvements
LOCATION: 11,100 Chicot Road
OWNER/APPLICANT: Little Rock School District
REQUEST: The District is requesting a five-year deferral of
required half-street improvements to Chicot Road.
STAFF REPORT:
On March 15, 2007, the Planning Commission approved a conditional use permit
to allow for the construction of a classroom addition, a bus loop driveway and
additional parking on the Chicot Elementary School property located at 11,100
Chicot Road. One of the conditions of approval was compliance with Public
Works comments, which included the following statement:
With site development, provide design of street conforming to the Master Street
Plan. Construct one-half street improvement to Chicot Road with planned
development. Chicot Road is required to be widened with the back of curb to be
located 29.5 feet from the centerline. The improvements should begin at the
north driveway. Section 30-281 of City code states the property owner (Chicot
Elementary School) is responsible for boundary street improvements associated
with the bridge. On an arterial street the property owner is responsible for the
initial 15 feet of the span length of the bridge. Since the bridge is much larger
and will have to be reconstructed at the same time, an in-lieu payment should be
made for the improvements based on a licensed engineer’s estimates.
No deferral of street improvements was requested at the time. The District
recently applied for a building permit for the project, initiating the requirement to
construct the street improvements. The District has stated there is no objection
to fulfilling the requirement, however, the cost of the improvements which
includes five utility relocations, is burdensome at this time. The District is
requesting additional time to plan for and budget for the cost of the required
street improvements.
Chicot Road along the frontage of Chicot Elementary School (“the school”) is
classified on the Master Street Plan as a principal arterial street. Per the Master
Street Plan, a principal arterial street is required to have a 110 ft. right-of-way
and 5 lanes including additional turn lanes if needed. Currently, Chicot Road is
built with only 2 lanes. The school has 400 ft. of frontage in which they are
requesting deferral of construction for 5 years, until a future phase of
development, or until adjacent property develops whichever occurs first. This
deferral is specifically for the addition of a lane and a half of pavement with curb,
July 19, 2007
ITEM NO.: 5 (Cont.) FILE NO.: Z-3879-C
2
gutter, streetlights, and striping. The school will dedicate 55 ft. of right-of-way
from the centerline prior to issuance of the certificate of occupancy for the phase
currently proposed for construction.
STAFF RECOMMENDATION:
Staff recommends the approval of a 5-year deferral of the street improvements,
until a future phase of development, or until adjacent property develops
whichever occurs first as required by the Boundary Street Ordinance and the
Master Street Plan.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
The applicants were present. Staff presented the item and a recommendation of
approval as 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 9 ayes, 0 noes, 1 absent and 1 open
position.
July 19, 2007
ITEM NO.: 6 FILE NO.: Z-6664-C
NAME: J. A. Fair High School – Deferral of Street
Improvements
LOCATION: 13420 David O Dodd Road
OWNER/APPLICANT: Little Rock School District
REQUEST: The District is requesting a deferral of the required
half-street improvements to David O Dodd Road.
STAFF REPORT:
On January 17, 2002, the Planning Commission approved a conditional use
permit to allow for remodeling and expansion of the facilities on the J. A. Fair
High School campus located at 13420 David O Dodd Road. One of the
conditions of approval was compliance with Public Works Comments which
included the following statement:
Provide design of street conforming to “MSP” (Master Street Plan). Construct
one-half street improvement to these streets including 5-foot sidewalks with
planned development, or seek deferral of requirements.
The District requested permission to utilize a 15% in-lieu contribution toward the
required street improvements. Staff was supportive of the request due to the
small percentage of building expansion being proposed (less than 10%) and the
extremely large amount of frontage on David O Dodd (1,300’ ±). Rather than
utilizing the in-lieu, the District installed a sidewalk along the David O Dodd
frontage. That expansion/remodeling project has been completed.
On January 17, 2007, staff approved a modification to the approved C.U.P. to
allow for construction of a women’s softball field, bleachers for approximately 100
persons and a concession stand/press box/restroom building. Also included was
an expansion of the visitors’ bleachers and a visitors concession stand at the
football field.
The District recently applied for a building permit for the project, initiating as
required by the Code, the requirement to construct half-street improvements.
The District did not anticipate having to do street improvements and did not
budget for those improvements, which are estimated to cost in excess of
$500,000.00. The District is requesting a deferral of the street improvements
until the next major renovation or expansion project estimated to exceed 2 million
dollars.
July 19, 2007
ITEM NO.: 6 (Cont.) FILE NO.: Z-6664-C
2
David O Dodd Road along the frontage of J.A. Fair High School (“the school”) is
classified on the Master Street Plan as a minor arterial street. Per the Master
Street Plan, a minor arterial street is required to have a 90 ft. right-of-way and 5
lanes including additional turn lanes if needed. Currently, David O Dodd Road is
built with only 2 lanes. The school has about 1,700 ft. of frontage in which they
are requesting deferral of construction to meet the Master Street Plan standard
for 5 years, until a future phase of development, or until adjacent property
develops whichever occurs first. This deferral is specifically for the addition of a
lane and a half of pavement with curb and gutter for about 1,100 ft. Streetlights
and striping will be required for the entire frontage. The school will dedicate 45 ft.
of right-of-way from the centerline prior to issuance of the certificate of
occupancy for the phase currently proposed for construction.
STAFF RECOMMENDATION:
Staff recommends the approval of a 5-year deferral of the street improvements,
until a future phase of development, or until adjacent property develops
whichever occurs first as required by the Boundary Street Ordinance and the
Master Street Plan.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
The applicants were present. Staff presented the item and a recommendation of
approval as 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 9 ayes, 0 noes, 1 absent and 1 open
position.