pc_10 11 2007
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
OCTOBER 11, 2007
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being seven (7) in number.
II. Members Present: Pam Adcock
Troy Laha
Jerry Meyer
Robert Stebbins
Fred Allen, Jr.
Lucas Hargraves
Jeff Yates
Members Absent: Chauncey Taylor
Mizan Rahman
Darrin Williams
1 Open Position
City Attorney: Cindy Dawson
III. Approval of the Minutes of the August 30, 2007 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
OCTOBER 11, 2007
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-8214 Jefferson Day Care Center – Conditional Use Permit
3200 and 3208 Gilman Street
B. G-23-387 Spring Street – Right-of-Way Abandonment
Between West 16th and West 17th Streets
C. Z-8245 Rezoning from R-3 to R-7A
3615 East 36th Street
D. Z-8247 Rezoning from R-3 to R-7A
4216 East 38th Street
E. A-310 Shoemaker Annexation, 218± Acres South of Lawson
Road between Crystal Valley Road and Duvall in
Sections 20, 29, 30, T-1-N, R-13-W.
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. G-23-390 Scott Hamilton Drive – Abandonment of Excess
Right-of-Way
5800 Scott Hamilton Drive
2. Z-8269 Rezoning from R-2 to R-7A
5007 Beauchamp Road
3. Z-8270 Rezoning from C-3 to R-3
1521/1523 Valentine Street
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
4. Z-5982-A New Life Christian Covenant Church parking lot –
Conditional Use Permit
2924 South Ware Street
5. Z-6933-B Crackerbox – Conditional Use Permit
14100 Kanis Road
6. Z-8267 Hayes Beauty and Barber Salon – Conditional
Use Permit
5512 Patterson Street
7. Z-8268 Forest Park Elementary School Annex – Conditional
Use Permit
1701 N. Polk
8. 2007 Ordinance Amendment Package
9. LU07-12-02 A Land Use Plan Amendment in the 65th Street West
Planning District for various changes.
10. MSP07-02 A Master Street Plan Amendment in the River Mountain
Planning District on Pinnacle Valley Road from Hwy. 10
to County Farm Road to change the design standard for
that section.
11. Z-8157-A Rezoning from R-2 and O-1 to I-2
South of East 9th Street, north of East 10th Street and
east of Ventura Street.
12. G-23-391 Little Rock Municipal Airport – Right-of-Way
Abandonments
Portions of street and alley rights-of-way south of East
9th Street and east of Ventura Street.
October 11, 2007
ITEM NO.: A 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.
1. SITE LOCATION:
The properties are located at the southwest corner of West 32nd and
Gilman Streets, in the John Barrow neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the heart of a single family residential
neighborhood. All surrounding properties are occupied by single family
homes. The applicants proposal is to convert two single family residences
into a day care center campus. Staff does not believe this is the
appropriate location for this business. The day care center should be
located outside of the neighborhood, on a collector or arterial street.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the John Barrow
Neighborhood Association were notified of this proposal.
3. ON SITE DRIVES AND PARKING:
The proposed day care is to have an enrollment of 32 children, with 6
employees; requiring 9 on-site parking spaces. The applicant proposed to
utilize a single car wide driveway off of Gilman Street to access a new,
12-space parking lot. If the C.U.P. is approved, the parking will need to be
paved and the existing driveway widened to accommodate two-way traffic
or a connection made to West 32nd Street to accommodate one-way traffic
onto and off of the site.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
2
The circulation and design of the parking lot is questionable.
The zoning buffer ordinance requires a minimum eight (8) foot wide land
use buffer along the southern and western perimeters of the site, next to
the residentially zoned property. Seventy percent (70%) of this buffer is to
remain undisturbed.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the southern and western perimeters of the site next to the residentially
zoned property. Credit toward fulfilling this requirement can be given for
existing trees and undergrowth that satisfies this year-around requirement.
Landscaping will be required in conjunction with the newly proposed
parking lot and in conjunction with the proposed building addition. A
landscaping plan will required per city ordinance prior to the issuance of a
building permit.
5. PUBLIC WORKS COMMENTS:
1. West 32nd 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.
2. Gilman 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.
3. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of West 32nd Street and Gilman Street.
4. Additional concrete or asphalt should be installed to provide a one (1)
way drive into and out of the property. This may also require the
existing concrete drive to be widened.
5. Boundary street ordinance will require half-street improvements to
West 32nd and Gilman Streets; including street widening, curb, gutter
and sidewalks.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No comment received.
Centerpoint Energy: No comment received.
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
3
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. Additional fire hydrant(s) will be required.
Contact the Little Rock Fire Department to obtain information regarding
the required placement of the hydrant(s) and contact Central Arkansas
Water regarding procedures for installation of the hydrant(s).
Fire Department: Fire sprinklers may be required along with a fire
hydrant.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. The nearest route
is located along West 36th Street, 4 blocks to the south.
SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007)
The applicants were present. Staff presented the item and noted additional
information was needed regarding signage, fencing and site lighting. Staff asked
that the playground area be located on the site plan. In response to questions
from staff, the applicants stated the day care would operate Monday through
Saturday, 6:00 a.m. to 10:00 p.m. The applicants stated neither house would be
occupied as a residence.
Staff noted the site plan did not provide adequate parking or proper driveways.
The applicants were advised to enlist the services of a design professional to
prepare a proper site plan.
Public Works, Utility and Landscape Comments were discussed. The applicants
were advised to contact the Fire Marshall regarding the installation of a fire
hydrant.
The applicants were advised to respond to staff issues by May 23, 2007 or seek
a deferral.
STAFF ANALYSIS:
The properties at 3200 and 3208 Gilman Street are each occupied by a one-
story, frame, single family residence. Approval has been given for the occupant
of 3200 Gilman to keep no more than 5 children, which does not require either a
special use permit or conditional use permit. The property has been converted
into a day care center and is currently under enforcement by the City as a zoning
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
4
violation. The applicant is requesting approval of a conditional use permit to
allow the conversion of 3200 and 3208 Gilman into a day care center with an
enrollment of 32 children with 6 employees. The house at 3200 will be used for
keeping children ages birth to three years. The house at 3208 is proposed to be
used for developmental, speech, physical and occupational services and for
tutoring for older children. Hours of operation are proposed as 6:00 a.m. to 11:00
p.m. The applicant previously specified days of operation as Monday through
Saturday. Neither house will be occupied as a residence.
The applicant has submitted a site plan showing 12 on-site parking spaces. The
driveway modifications necessary to accommodate this parking have not been
shown. Access is via a single-car-wide driveway off of Gilman Street. The plan
proposes doubling the size of the structure at 3208 Gilman to accommodate the
proposed use. A playground area is proposed behind 3200 Gilman. Fencing
around the site is a combination of wood screening fence and chain link fencing.
The screening requirements of the Code require a solid opaque screen on the
south and west perimeters, where the site is adjacent to residential properties.
The applicant has stated no signage is proposed, unless required. Site lighting is
to consist of parking lot lighting.
Staff is not supportive of the proposed C.U.P. The site is located within the
heart of a single family residential neighborhood. All surrounding properties are
occupied by single family residences. Staff has supported S.U.P.’s for day care
family homes in residential neighbors to allow the occupant of a residence to
keep up to 10 children. Day care centers are more appropriately located on
collector or arterial streets on the edge of or out of neighborhoods. Since the
application was initially filed as a day care center, the applicant has expanded
the proposed uses for the site to include therapy services and tutoring for older
children. This further increase in activity proposed for the site only serves to
intensify staff’s concerns. Additionally, the streets immediately adjacent to and
around the site are narrow, open ditch, chip-seal roadways with no sidewalks or
gutters. The streets will not support the proposed institutional use at this
location.
The 1908 Bill of Assurance for the John Barrow Addition does not address use
issues.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
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
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
5
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.
PLANNING COMMISSION ACTION: (AUGUST 30, 2007)
The applicants were present. There were no objectors present. A letter of
opposition had been received from the John Barrow Neighborhood Association.
Staff presented the item and a recommendation of denial.
The applicant, Gail Lambert, addressed the Commission. She stated she had
previously operated a day care family home at 3200 Gilman until the number of
children pushed her out of the home. She stated it was her desire to provide child
care to younger children. She stated she was a licensed therapist as well; going
to children’s homes and providing services.
In response to a question from the Commission, Director of Planning and
Development Tony Bozynski described the differences between a day care
family home and a day care center under Little Rock zoning regulations.
Co-applicant Lanell Jefferson stated the day care currently had 12-13 children
counting those who arrived after school.
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
6
Commissioner Taylor told Mr. Jefferson the number of children and type of
operation was beyond what is permitted as a residential use.
Ms. Lambert asked if they could keep just 10 babies. Another discussion of the
provisions for a day care family home and a day care center followed. The
applicants were told that a day care family home required the applicant to live in
the residence.
It was suggested that a deferral might be in order to allow the applicants an
opportunity to discuss the issue with staff. Staff stated the item had been ongoing
for six (6) months and the applicants were operating the day care center in
violation of City Code. Staff recommended the Commission take action on the
application to bring closure.
Ms. Lambert stated she had kept children since 1995 and had only recently
moved out of the house at 3200 Gilman. She stated she did not currently use
3208 Gilman, but hoped to use it in the future to provide therapy services for the
children.
Commissioner Williams suggested deferring the item since there was no support
for a day care center at this location.
Mr. Jefferson asked for more time. He stated he did not fully understand the
issue.
In response to a question from Commissioner Adcock, Ms. Lambert stated she
provided therapy services to 20 – 30 children.
Mr. Bozynski stated staff was agreeable to a deferral
A motion was made to defer the item to the October 11, 2007 meeting. The
motion was approved by a vote of 8 ayes, 1 noe, 1 absent and 1 open position.
STAFF UPDATE:
On September 17, 2007, staff met with the applicants Gail Lambert and Lanell
Jefferson. At that meeting, Ms. Lambert amended her application to a Special
Use Permit for a day care family home. The following conditions were submitted
by Ms. Lambert and Mr. Jefferson in support of the revised application:
1. The applicant, Gail Lambert, will reside at 3200 Gilman as her principle
residence.
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
7
2. There will be no use of 3208 Gilman for any purpose other than as a single-
family residence.
3. The day care family home to be operated at 3200 Gilman will have an
enrollment of no more than ten (10) children.
4. In addition to the applicant, Gail Lambert, employees will include her son,
Lanell Jefferson and one (1) other person.
5. The days and hours of operation for the day care family home are proposed
as 6:00 a.m. – 6:30 p.m., Monday – Friday.
6. All vehicles will be parked on the paved driveway and parking surface.
The property has a one-car driveway from Gilman Street. The driveway widens
in the back yard area with space to park 5-6 vehicles. 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 non-
operating vehicles on the site. There is a fenced playground area located behind
the residence. As a day care family home, the principal use of the property will
remain single family residential. No signage beyond that allowed in single family
zones will be permitted.
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
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
8
line without regard to intervening structures or objects, from property line to
property line.
g. All day care family homes located in the City of Little Rock are required to
obtain a City of Little Rock business license and to pay an annual business
tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license must
be submitted to the City Collector’s Office each year at the time of payment of
the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
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
could 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.
STAFF RECOMMENDATION, REVISED:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 3200 Gilman Street, 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.
4. Days and hours of operation are to be Monday-Friday, 6:00 a.m. – 6:30 p.m.
October 11, 2007
ITEM NO.: A (Cont.) FILE NO.: Z-8214
9
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. As there were only
seven (7) Commissioners present, the applicant was offered the opportunity to
defer the application to a later date. The applicant stated he wished to defer. A
motion was made to defer the item to the December 6, 2007 meeting. The
motion was approved by a vote of 5 ayes, 2 noes, 3 absent and 1 open position.
October 11, 2007
ITEM NO.: B 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.
STAFF UPDATE:
The applicant submitted a letter to staff on August 20, 2007 requesting the
application be deferred to the October 11, 2007 Agenda. Staff supports the
deferral request.
PLANNING COMMISSION ACTION: (AUGUST 30, 2007)
Staff informed the Commission that the applicant submitted a letter to staff on
August 20, 2007 requesting the application be deferred to the October 11, 2007
Agenda. Staff supported the deferral request.
October 11, 2007
ITEM NO.: B (Cont.) FILE NO.: G-23-387
2
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 11, 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 September 20, 2007 requesting this
application be withdrawn. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
Staff informed the Commission that the applicant submitted a letter on
September 20, 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 7 ayes, 0 nays, 3 absent and 1 open position.
October 11, 2007
ITEM NO.: C FILE NO.: Z-8245
Owner: Idell Roberts and heir Juanita Roberts
Applicant: Juanita Roberts
Location: 3615 East 36th Street
Area: 0.25 Acre
Request: Rezone from R-3 to R-7A
Purpose: Single wide manufactured home
Existing Use: Single wide manufactured home
SURROUNDING LAND USE AND ZONING
North – Single family residences (including manufactured homes);
zoned R-3
South – Single family residences (including manufactured homes);
zoned R-3
East – Single family residences (including manufactured homes);
zoned R-3
West – Single family residences (including manufactured homes);
zoned R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #20 (College Station
Route) runs along Frazier Pike to the west.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the College Station
Neighborhood Association were notified of the public hearing.
October 11, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8245
2
D. LAND USE ELEMENT:
This request is located in the College Station Planning District. The Land
Use Plan shows Single Family for this property. The applicant has applied
for a rezoning from R-3 Single Family to R-7A Manufactured Home
District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
East 36th Street is shown as a Local Street on the Master Street Plan. This
street may require dedication of right-of-way and may require street
improvements. The primary function of a Local Street is to provide access
to adjacent properties.
Bicycle Plan:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Juanita Roberts, owner of the lot at 3615 East 36th Street, is requesting to
rezone the property from “R-3” Single Family District to “R-7A”
Manufactured Home District. The property owner is proposing placement
of a single-wide manufactured home (60.3 feet by 18 feet) on the property.
The home is a 2007 model and was recently placed on the property.
The structure is located approximately 14 feet (25 feet minimum required)
from the front (north) property line, approximately twenty-two (22) feet (25
feet minimum required) from the rear (south) property line, twenty-five (25)
feet (5 feet minimum required) from the west side property line and
nineteen (19) feet from the east side property line (5 feet minimum
required). Setback variances are requested for the reduced front and rear
setbacks.
Single family residential structures, including manufactured homes, are
located north, south, east and west of the property. There are a number
of other manufactured homes in the general area. The area is located
October 11, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8245
3
outside the Little Rock city limits, but within the City’s Extraterritorial
jurisdiction.
The City’s Future Land Use Plans designates this property as Single
Family. The requested R-7A zoning does not require a change to the
Land Use Plan.
The R-7A Zone District is a site plan review district. The following are the
siting criteria for manufactured homes in the R-7A District as per Section
36-262(d)(2) of the City’s Zoning Ordinance:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport features.
c. Permanent foundation.
d. Exterior wall finished in a manner compatible with the neighborhood.
e. Underpinning with permanent materials.
f. Orientation compatible with placement of adjacent structures.
g. Off-street parking per single-family dwelling standards.
On August 14, 2007 the applicant submitted additional information to staff,
as requested at the Subdivision Committee meeting. The applicant
submitted the year model of the home and requested the needed
variances. The applicant also noted on the site plan parking for two (2)
vehicles.
Staff is supportive of the requested R-7A rezoning. Staff views the
request as reasonable. As noted above, there are a number of other
manufactured homes in this residential area of College Station. Most of
these manufactured homes are nonconforming and have existed as part
of the neighborhood for a number of years. Therefore, the placement of
the manufactured home at 3615 East 36th Street is not out of character
with the neighborhood. To staff’s knowledge the proposed manufactured
home will comply with the siting criteria found in Section 36-262(d)(2) of
the City’s Zoning Ordinance. Staff believes the requested R-7A zoning
will have no adverse impact on the adjacent properties or the general
area.
F. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007)
Juanita Roberts was present, representing the application. Staff
described the proposed rezoning and placement of a single-wide
manufactured home. Staff noted that a variance needed to be requested
October 11, 2007
ITEM NO: C (Cont.) FILE NO.: Z-8245
4
for reduced front and rear setbacks. Staff also requested the year model
of the structure. Ms. Roberts noted that the new manufactured home did
not replace an older home removed from the site.
After the discussion, the Committee forwarded the issue to the full
Commission for resolution.
G. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-7A rezoning, subject to the
following conditions:
1. Compliance with the siting criteria as per Section 36-262(d)(2) of the
City’s Zoning Ordinance.
2. Staff also recommends approval of the requested setback variances.
PLANNING COMMISSION ACTION: (AUGUST 30, 2007)
Staff informed the Commission that the applicant submitted a letter to staff on
August 14, 2007 requesting the application be deferred to the October 11, 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 October 11, 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: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open
position.
October 11, 2007
ITEM NO.: D FILE NO.: Z-8247
Owner: Shontonia Stephens and Gregory Roberts
Applicant: Shontonia Stephens
Location: 4216 East 38th Street
Area: 0.17 Acre
Request: Rezone from R-3 to R-7A
Purpose: Single wide manufactured home
Existing Use: Single wide manufactured home
SURROUNDING LAND USE AND ZONING
North – Single family residences; zoned R-3
South – Vacant property (across East 38th Street); zoned R-3
East – Single family residence and vacant property; zoned R-3
West – Single family residence and vacant property; zoned R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #20 (College Station
Route) runs along Frazier Pike to the south.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the College Station
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the College Station Planning District. The Land
Use Plan shows Single Family for this property. The applicant has applied
for a rezoning from R-3 Single Family to R-7A Manufactured Home
District.
October 11, 2007
ITEM NO: D (Cont.) FILE NO.: Z-8247
2
The request does not require a change to the Land Use Plan.
Master Street Plan:
East 38th Street is shown as a Local Street on the Master Street Plan. This
street may require dedication of right-of-way and may require street
improvements. The primary function of a Local Street is to provide access
to adjacent properties.
Bicycle Plan:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Shontonia Stephens, owner of the lot at 4216 East 38th Street, is
requesting to rezone the property from “R-3” Single Family District to
“R-7A” Manufactured Home District. The property owner is proposing
placement of a single-wide manufactured home (72.4 feet by 16 feet) on
the property. The home is a 2005 model and was recently placed on the
property. The structure is located approximately 20 feet (25 feet minimum
required) from the front (south) property line, approximately fifty-one (51)
feet (25 feet minimum required) from the rear (north) property line, seven
(7) feet (5 feet minimum required) from the west side property line and
twenty-one (21) feet from the east side property line (5 feet minimum
required). A setback variance is requested for the reduced front setback.
Single family residential structures and vacant property are located in this
general area. There are also a number of other manufactured homes in the
general area. The area is located outside the Little Rock city limits, but
within the City’s Extraterritorial jurisdiction.
The City’s Future Land Use Plan designates this property as Single Family.
The requested R-7A zoning does not require a change to the Land Use
Plan.
October 11, 2007
ITEM NO: D (Cont.) FILE NO.: Z-8247
3
The R-7A Zone District is a site plan review district. The following are the
siting criteria for manufactured homes in the R-7A District as per Section
36-262(d)(2) of the City’s Zoning Ordinance:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport features.
c. Permanent foundation.
d. Exterior wall finished in a manner compatible with the neighborhood.
e. Underpinning with permanent materials.
f. Orientation compatible with placement of adjacent structures.
g. Off-street parking per single-family dwelling standards.
On August 14, 2007 the applicant submitted additional information to staff
as requested at the Subdivision Committee meeting. The applicant
submitted the year model of the home and requested the needed front
setback variance. The applicant also documented the site plan showing
parking for two (2) vehicles.
Staff is supportive of the requested R-7A rezoning. Staff views the request
as reasonable. As noted above, there are a number of other manufactured
homes in this residential area of College Station. Most of these
manufactured homes are nonconforming and have existed as part of the
neighborhood for a number of years. Therefore, the placement of the
manufactured home at 4216 East 38th Street is not out of character with the
neighborhood. To staff’s knowledge the proposed manufactured home will
comply with the siting criteria found in Section 36-262(d)(2) of the City’s
Zoning Ordinance. Staff believes the requested R-7A zoning will have no
adverse impact on the adjacent properties or the general area.
F. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007)
Shontonia Stephens was present, representing the application. Staff
described the proposed rezoning and placement of a single-wide
manufactured home. Staff noted that a variance was needed for a
reduced front setback. Staff also requested the year model of the
home and noted that parking needed to be shown on the site plan.
Ms. Stephens noted that no manufactured home previously existed on
the site.
After the discussion, the Committee forwarded the issue to the full
Commission for resolution.
October 11, 2007
ITEM NO: D (Cont.) FILE NO.: Z-8247
4
G. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-7A rezoning, subject to the
following conditions:
1. Compliance with the siting criteria as per Section 36-262(d)(2) of the
City’s Zoning Ordinance.
2. Staff also recommends approval of the requested setback variance.
PLANNING COMMISSION ACTION: (AUGUST 30, 2007)
Staff informed the Commission that the applicant submitted a letter to staff on
August 14, 2007 requesting the application be deferred to the October 11, 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 October 11, 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: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open
position.
October 11, 2007
ITEM NO.: E FILE NO.: 310
NAME: Shoemaker Annexation
REQUEST: Accept 216 acres plus or minus to the City
LOCATION: South of Lawson Road, between Crystal Valley and Duvall, within
Sections 20, 29 and 30, Township 1 North, Range 13 West
SOURCE: Andrew Francis, PA, representative for Emprise LLC,
Property Owner
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
July 24, 2007.
• The area requested for consideration is currently undeveloped.
• There is one owner, the Emprise LLC.
• The site is contiguous to the City of Little Rock on a portion of two sides.
• The annexation request is to obtain sewer service and other City Services.
• The area in question is along the south side of Lawson Road between
Crystal Valley Road and Duvall. It is continuous to the City along its
southwestern boundaries, connecting to an area currently developing as
Sienna Lake Subdivision.
• Currently the property is zoned Single Family (R-2).
• The property owner has indicated they intend to develop this land into
some 160 lots for single-family homes.
Staff Recommendation:
In order to more fully review the issues related to this annexation Staff has
requested the item be deferred for six weeks to the October 11, 2007 hearing.
PLANNING COMMISSION ACTION: (AUGUST 30, 2007)
This item was placed on the consent agenda for deferral to the October 11, 2007
agenda. The consent agenda was passed with a vote of 9 ayes, 0 noes, 1 absent
and 1 open position.
October 11, 2007
ITEM NO.: E (Cont.) FILE NO.: 310
2
STAFF UPDATE:
AGENCY COMMENTS:
Public Safety:
Fire: The Fire Department has concerns about service to the area. The closest
station is almost 4 miles from the area. While this should not affect the ISO
rating at this time, unless additional station(s) are constructed in the next decade
or so problems could arise. Due to the distance, the Department suggests that
all structures be sprinkled should be implemented. Alternatively, the requester
could purchase the site for the future station and provide it to the city (site
location as designated by the Little Rock Fire Department).
Additionally there is only one access. Arkansas state law says that for a
development of this size, there should be at least two access points. Therefore
the proposed second access point along the southern parameter of this area
should be opened prior to the thirtieth residential unit being constructed. (Prior to
the final plat approval of the creation of more than 29 lots there should be a
second access point made available).
The Crystal Fire Protection District has expressed concerns that this annexation
could cause with response to fires for both the Little Rock and Crystal Valley
Departments. With an area that protrudes in to the county and is surrounded on
three sides by un-incorporated areas confusion is possible. In addition, though
contiguous, this connection is not by way of street. A person would have to drive
great distance outside the city limits to access this site. (NOTE: This is the Fire
Department that currently services the area requesting annexation and will
continue to service areas both to the east and west of the site.)
The closest Fire Station is on Colonel Glenn Road a little over three and three-
quarters of a mile to the east of the annexation area.
Police: The Little Rock Police Department has indicated there are some
concerns. While there should not be immediate impacts beside longer than
desirable response times to this area, there are longer-term concerns. The
potential link to the Sienna Lake development could be problematic to the police.
In addition, the future call loading for this area is an unknown.
The closest police patrol would have to drive almost one-mile to get to this area
adding additional time to an already large patrol district.
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
October 11, 2007
ITEM NO.: E (Cont.) FILE NO.: 310
3
The closest regular bus service is at Colonel Glenn Road and Shackleford Road,
approximately two and a third miles away to the east.
Parks and Recreation: The Little Rock Parks and Recreation Department
indicates there are essentially no services available in this vicinity and that they
continue to fall behind with acquisition of property and provision of facilities.
The proposed ‘Take it to the Extreme’ Trail (shown in the Little Rock Parks and
Recreation Master Plan) would go through or near this annexation area. Some
sort of open space recreational area should be included within or near the
annexation area.
Public Works: The Public Works Department has indicated while there could be
issues in the future with waste collections and maintenance of Lawson Road. At
this time they do not recommend against the annexation of this land.
Lawson Road is shown as an Arterial but is currently a two-lane road with open
ditches. Right of way for this widening was included in the approved preliminary
plat ‘Ventana Ridge’ for this area. In addition as part of the subdivision process a
collector was required through the development. At the time of development the
property owner – developer, will make these street improvements. Currently the
City would have the additional maintenance of approximately 400 linear feet of
Lawson Road.
Utilities:
Central Arkansas Water: Central Arkansas Water indicates additional water
facilities and fire protection shall be required at the developer expense. A Capital
Investment Charge based on meter size will also apply to this area.
There is an existing 12-inch line in Lawson Road.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater Utility has indicated there is no
sewer service in this area. Sewer Mains will have to be extended at the cost of
the developer and sized as required by the Wastewater Utility. Additionally in
order to service this area a trunk-line may have to be constructed outside the
current city limits to service this area requesting annexation.
Southwestern Bell: No Comment Received.
October 11, 2007
ITEM NO.: E (Cont.) FILE NO.: 310
4
Schools:
Little Rock: No Comment Received.
The annexation is not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is with in the Pulaski Special School District and the
Lawson Elementary attendance zone.
ANALYSIS:
This site is within the City of Little Rock Planning Jurisdiction. The site is
primarily wooded and undeveloped. A single house has been located on this
site. There are two ridgelines that cross the area in a northwest to southeast
direction. The result is topographic change of 180 feet from around 360 feet to
500 feet. McHenry Creek flows by the property at Lawson Road. This is the low
point of the property.
The property is within the City Planning Jurisdiction and was zoned in October
1991 to ‘R-2’ Single Family. This zoning allows for a minimum lot size of 7000
square feet. In October 2006 the Little Rock Planning Commission approved a
preliminary plat, Ventana Ridge Subdivision, for over 160 single-family lots
ranging in size from a third of an acre to 1.3 acres. Ventana Ridge Subdivision
was approved by the Little Rock Planning Commission conditioned on
annexation. (Note: Staff noted that the recommendation and approval did not
indicate that the City would be supportive of annexation.)
The petition for annexation was made and properly filed before the County. The
County Judge found that the annexation was proper, however at the hearing
concern was raised about confusion this could cause for public safety providers.
In addition the single access was noted. While the Judge did find that the
concerns might be valid, they were beyond the scope of his review. He
encouraged the City to carefully review and address these concerns in its review.
The area to the southeast of the annexation request has recently started
development. The Sienna Lake Subdivision is the 360 acres annexed in early
2004 as the ‘Dyke Annexation’. Only the initial phase, some 78 lots and 40 acres
have been final platted. These lots are approximately a mile to the southeast of
the annexation area. To the southwest of the annexation area are the Plantation
Acres and Chicopee Subdivisions with lots generally two to five acres in size.
These subdivisions along with other tracks fill the area to the southwest to
Crystal Valley Road. Generally this area is developed with homes and a few
businesses. The area along Lawson to the west remains in larger tracts and is
wooded. To the east, between the City limits and proposed annexation, the area
October 11, 2007
ITEM NO.: E (Cont.) FILE NO.: 310
5
is developed along Lawson Road with homes and a few businesses, including
the Rolling Meadows Subdivision adjacent to the City Limits at Lawson and
David O Dodd Roads. Several large undeveloped wooded tracts remain
(approximately a quarter of a mile south of Lawson) in this area as well.
The only current access to this land is on Lawson Road, approximately nine
tenths of a mile from the current City Limits. The land along Lawson Road is
within the McHenry Creek floodplain. The creek itself is along the north side of
Lawson Road in this location and crosses back to the south just west of the
western boundary of the annexation. Flood control may well have an impact on
the design of access to any major development of the site as well as the design
of the widening of Lawson Road to Arterial standard.
The two ridgelines that cross the annexation area have steep slopes. The first
ridge rises over the McHenry floodplain some one hundred and fifty feet.
Between the two ridges the land falls over one hundred and twenty feet before
rising one hundred and thirty feet to the second ridge.
The City’s Land Use Plan shows this area for single-family development and the
current zoning is ‘R-2’ Single-family. Based on the current zoning and
development pattern for non-annexed developed area, without annexation it
would be likely to see 50 to 100 home sites on this land. If the annexation is
approved the density is likely to be higher with 160 to 200 homes on the same
land.
With the issues expressed by the Parks Department some provisions for
recreational activities should be included on this land. Even with the rugged
topography, there should be some opportunities for the provision of recreational
space within this acreage. This can be achieved with a Property Owners,
private, park or by working with the City Parks and Recreation Department to
provide land, which they might develop. In addition the Master Parks Plan shows
the proposed ‘Take it to the Extreme’ Trail on or near this site. The owners could
work with the Parks Department to develop a segment of the trail along with large
‘active recreational area(s).
The public safety concerns raised by both the police and fire departments
(including the volunteer department which currently services this area) should be
addressed. From a fire protection standpoint, due to the concern about the great
distance to the closest fire station, the Little Rock Fire Department has
recommended any structures be sprinkled. Second, there must be more than
one access point in place and useable by the fire department that is servicing this
development. Both of these issues are life safety issues and the second access
point is a requirement of state law. At a later date in the future, the City’s ISO
October 11, 2007
ITEM NO.: E (Cont.) FILE NO.: 310
6
rating could suffer when the proposed area is 50% developed an no additional
fire stations are built within the immediate area to serve the subdivision.
Due to the distance from the existing patrol areas, the police feel that as long as
the development functions as an isolated area with a single access crime will be
low. The concern arises when a second access is provided. The concern here
is that the criminals will become more aware of the development at this point and
begin to target it. With the police so far it would be hard to respond and control
this. The response times are projected to be higher than those for the Otter
Creek area.
Staff Recommendation:
Staff recommends denial of this annexation request.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant requested the item be differed. The item was placed on consent
agenda for deferral to the December 6, 2007 hearing. By a vote of 7 for,
0 against, 3 absent and one open position the item was deferred to December 6,
2007.
October 11, 2007
ITEM NO.: 1 FILE NO.: G-23-390
Name: Scott Hamilton Drive – Abandonment of excess
Right -of-Way
Location: 5800 Scott Hamilton Drive
Owner/Applicant: Windsor Republic Door, Inc./Bruce Bates
Request: To abandon 40 feet of excess Scott Hamilton
Drive right-of-way (40 feet by 985.36 feet)
located adjacent to 5800 Scott Hamilton Drive.
Purpose: To incorporate the area of abandonment into the
adjacent industrial property for additional front
yard space.
STAFF NOTE:
On June 25, 2007, the Board of Adjustment granted a front setback variance
associated with a new building addition for Windsor Door, at the southeast corner
of their existing building. Abandonment of the excess Scott Hamilton Drive right-
of-way adjacent to 5800 Scott Hamilton Drive was a condition of the approval.
A. Public Need for this Right-of-Way:
As noted in paragraph G. of the staff report, none of the public utility
companies object to the abandonment request, Wastewater Utility
requests that the entire area be retained as an easement. The Public
Works Comments are as follows:
1. A 20-foot radial dedication of right-of-way is required at the intersection
of Hoerner Street and Scott Hamilton Drive.
2. On this part of Scott Hamilton the centerline of the right-of-way is not
the centerline of the street. Staff supports the abandonment of 40 ft. of
right-of-way on the west side of Scott Hamilton for the length of this
property. The right-of-way was originally at 100 ft. wide due to the
potential construction of a 5 lane street section or 4 lane with median
street section. Staff does not believe Scott Hamilton in this area will
ever be widened beyond its existing width.
October 11, 2007
ITEM NO.: 1 (Cont.) FILE NO.: G-23-390
2
B. Master Street Plan:
The City’s Master Street Plan classifies Scott Hamilton Drive, north of
West 65th Street, as a collector street, with a 60-foot right-of-way
requirement. Abandoning 40 feet of the existing 100-foot right-of-way will
maintain the 60-foot right-of-way requirement.
C. Characteristics of Right-of-Way Terrain:
The area proposed for abandonment is currently grass-covered and used
as front yard space for the Windsor Door development.
D. Development Potential:
After abandonment, the area of abandonment will be incorporated into the
adjacent Windsor Door industrial property as yard space.
E. Neighborhood and Land Use Effect:
The area of abandonment is surrounded entirely by I-2 zoned property
and industrial developments.
F. Neighborhood Position:
The Upper Baseline, Wakefield and SWLR United for Progress
Neighborhood Associations were notified of the abandonment request. As
of this writing, staff knows of no objectors to the abandonment request.
G. Effect on Public Services or Utilities:
• Wastewater: No objection to abandonment. Retain entire area as an
easement for existing sewer main.
• Entergy: No objection to abandonment.
• CenterPoint Energy: No objection to abandonment.
• AT& T (SBC): No objection to abandonment.
• Water: No objection to abandonment. Retain 15-foot easement,
7.5 feet on each side of existing waterline.
October 11, 2007
ITEM NO.: 1 (Cont.) FILE NO.: G-23-390
3
H. Reversionary Rights:
Staff knows of no reversionary rights associated with this right-of-way.
Based on the fact that the entire 40-foot width of excess right-of-way
exists on the west side of the roadway, it will transfer to Windsor Door, the
owner of 5800 Scott Hamilton Drive.
I. Public Welfare and Safety Issues:
Abandoning this area of excess Scott Hamilton Drive right-of-way will have
no adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
Bruce Bates was present, representing the application. Staff presented the
application, noting that additional utility letters were needed. Mr. Bates noted
that those would be provided. The Public Works Comments were briefly
discussed.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 40-foot wide excess Scott
Hamilton Drive right-of-way adjacent to 5800 Scott Hamilton Drive, subject to the
entire area of abandonment being retained as a utility and drainage easement.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 6 ayes, 0 nays, 1 recusal (Laha),
3 absent and 1 open position.
October 11, 2007
ITEM NO.: 2 FILE NO.: Z-8269
Owner: Lloyd and Michele Horsey
Applicant: Michele Horsey
Location: 5007 Beauchamp Road
Area: 1.38 Acres
Request: Rezone from R-2 to R-7A
Purpose: Single wide manufactured home
Existing Use: Single wide manufactured home
SURROUNDING LAND USE AND ZONING
North – Double-wide manufactured home and other various residential
structures (including manufactured homes); zoned R-2
South – Single-wide manufactured home and other various residential
structures; zoned R-2
East – Single family residences on large lots, with undeveloped wooded
property; zoned R-2
West – Single family residential structures; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Beauchamp Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for Progress
Neighborhood Association were notified of the public hearing.
October 11, 2007
ITEM NO: 2 (Cont.) FILE NO.: Z-8269
2
D. UTILITIES/FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Property is outside of current service boundary. No
comment.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Approval of the City of Little Rock Planning is required prior to
availability of water service. Contact Central Arkansas Water
regarding procedures, as well as size and location of water meter.
Fire Department: Increase driveway width to a minimum of twelve (12)
feet.
County Planning: Applicant will need to obtain a driveway permit. Call
340-6800 for details.
E. LAND USE ELEMENT:
This request is located in the West Fourche Planning District. The Land
Use Plan shows Single Family for this property. The applicant has applied
for a rezoning from R-2 Single Family to R-7A Manufactured Home District
for the placement of one single-wide manufactured home.
Master Street Plan:
Beauchamp Road is shown as a Minor Arterial on the Master Street Plan.
This street may require dedication of right-of-way and may require street
improvements. A Minor Arterial provides connections to and through an
urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians.
Bicycle Plan:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
October 11, 2007
ITEM NO: 2 (Cont.) FILE NO.: Z-8269
3
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
F. STAFF ANALYSIS:
Lloyd and Michele Horsey, owners of the 1.38 Acres located at 5007
Beauchamp Road, are requesting to rezone the property from “R-2” Single
Family District to “R-7A” Manufactured Home District. The property owner
is proposing placement of a single-wide manufactured home (14 feet by
66 feet) on the property. The home is a 1986 model and was placed on
the property 13 to 14 months ago. The structure has remained vacant.
The structure is located approximately 350 feet back from the front
(Beauchamp Road) property line. The home is located over 30 feet back
from all other property lines. There is a gravel drive from Beauchamp
Road at the southwest corner of the property. There are also two (2) large
piles of cut brush on the property, between the street and manufactured
home.
All surrounding properties are zoned R-2 and contain single family
residential structures. There is a double-wide manufactured home on the
property immediately to the north and a single-wide manufactured home
on the property immediately south. There are a number of other
manufactured homes in this immediate area along Beauchamp Road, Joe
Road and Jack Road. There are also stick-built homes in the area. The
area is located outside the Little Rock city limits, but within the City’s
Extraterritorial jurisdiction.
The City’s Future Land Use Plans designates this property as Single
Family. The requested R-7A zoning does not require a change to the
Land Use Plan.
The R-7A Zone District is a site plan review district. The following are the
siting criteria for manufactured homes in the R-7A District as per Section
36-262(d)(2) of the City’s Zoning Ordinance:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport features.
c. Permanent foundation.
d. Exterior wall finished in a manner compatible with the neighborhood.
e. Underpinning with permanent materials.
October 11, 2007
ITEM NO: 2 (Cont.) FILE NO.: Z-8269
4
f. Orientation compatible with placement of adjacent structures.
g. Off-street parking per single-family dwelling standards.
Staff is supportive of the requested R-7A rezoning. Staff views the
request as reasonable. As noted above, there are a number of other
manufactured homes in this residential area of along Beauchamp Road,
Joe Road, and Jack Road. Most of these manufactured homes are
nonconforming and have existed as part of the neighborhood for a number
of years. Therefore, the placement of the manufactured home at 5007
Beauchamp Road is not out of character with the neighborhood. To staff’s
knowledge the proposed manufactured home will comply with the siting
criteria found in Section 36-262(d)(2) of the City’s Zoning Ordinance. Staff
believes the requested R-7A zoning will have no adverse impact on the
adjacent properties or the general area.
G. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
Lloyd and Michele Horsey were present, representing the application.
Staff described the proposed rezoning and placement of a single-wide
manufactured home. Staff noted that there were two (2) piles of cut brush,
which needed to be cleaned up. In response to questions from staff, the
applicants noted that the manufactured home is a 1986 model and had
been on the property for 13 to 14 months. In response to a question from
Commissioner Yates, the applicants noted that the home was being
renovated with no one currently living there. The Public Works and
Utility/Fire Department/County Planning comments were briefly discussed.
After the discussion, the Committee forwarded the issue to the full
Commission for resolution.
H. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-7A rezoning, subject to the
following conditions:
1. Compliance with the siting criteria as per Section 36-262(d)(2) of the
City’s Zoning Ordinance, within 30 days of final approval.
2. Compliance with the Public Works Comments as noted in paragraph A
of the staff report.
3. Compliance with the Utility/Fire Department/County Planning
Comments as noted in paragraph D. of the staff report.
4. The brush piles on the property must be removed within 30 days of
final approval.
October 11, 2007
ITEM NO: 2 (Cont.) FILE NO.: Z-8269
5
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open
position.
October 11, 2007
ITEM NO.: 3 FILE NO.: Z-8270
Owner: Caleb Land Group, Inc.
Applicant: Charles Johnson
Location: 1521/1523 Valentine Street
Area: Approximately 0.3 Acre
Request: Rezone from C-3 to R-3
Purpose: Construction of two (2) single family homes
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING
North – Two (2) new single family homes under construction; zoned R-3
South – Single family residences; zoned R-3
East – Single family residences; zoned R-3
West – Single family residences; zoned R-3
A. PUBLIC WORKS COMMENTS:
1. West 16th 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.
2. A 20-foot radial dedication of right-of-way is required at the intersection
of West 16th Street and the alley and West 16th Street and Valentine
Street.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #3 (Baptist Medical
Center Route) runs along West 12th Street to the north and Route #16
(UALR Route) runs along West 20th Street to the south.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Love, Hope and Stephens
Area Faith Neighborhood Associations were notified of the public hearing.
October 11, 2007
ITEM NO: 3 (Cont.) FILE NO.: Z-8270
2
D. LAND USE ELEMENT:
This request is located in the I-630 Planning District. The Land Use Plan
shows Single Family for this property. The applicant has applied for a
rezoning from C-3 General Commercial to R-3 Single Family District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
South Valentine is shown as a Local Street on the Master Street Plan. The
primary function of a Local Street is to provide access to adjacent
properties. Local Streets that are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as “Commercial
Streets”. These streets have a design standard the same as a Collector.
Bicycle Plan:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Stephens
Neighborhood Action Plan. The housing goal states: “Enhance fair
housing stock.” This rezoning would allow for more houses in the area.
E. STAFF ANALYSIS:
Caleb Land Group, Inc., owner of the 0.3 acre property at 1521/1523
Valentine Street, is requesting to rezone the property from “C-3” General
Commercial District to “R-3” Single Family District. The property is located
at the northeast corner of Valentine and West 16th Streets, and consists of
two (2) platted lots (Lots 6 and 7, Block 30, Jones and Worthen Addition).
The rezoning is proposed in order to construct a new single family
residence on each lot.
The property is currently vacant and grass covered. The property slopes
downward from side to side (north to south). There is a paved alley
located along the east property line.
All surrounding properties are zoned R-3. There are two (2) single family
residences currently under construction immediately to the north. Existing
October 11, 2007
ITEM NO: 3 (Cont.) FILE NO.: Z-8270
3
single family residences are located to the east, south (across West 16th
Street) and west (across Valentine Street).
The City’s Future Land Use Plans designates this property as Single
Family. The requested rezoning to R-3 does not require a change to the
Land Use Plan.
Staff is supportive of the requested rezoning to R-3. Staff views the
request as very reasonable. The current C-3 zoning at this corner
represents an old neighborhood commercial node, which was established
many years ago and never developed. Staff feels the rezoning to R-3 with
construction of two (2) new homes represents the best use of the property.
Staff believes the proposed rezoning to R-3 will have no adverse impact
on the adjacent properties or the neighborhood.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-3 rezoning.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 6 ayes, 0 nays, 1 recusal (Laha),
3 absent and 1 open position.
October 11, 2007
ITEM NO.: 4 FILE NO.: Z-5982-A
NAME: New Life Christian Covenant Church Parking Lot –
Conditional Use Permit
LOCATION: 2924 South Ware Street
OWNER/APPLICANT: New Life Christian Covenant Church/Kwendeche
PROPOSAL: A conditional use permit is requested to allow for
construction of a parking lot on this existing R-3
zoned church site.
1. SITE LOCATION:
The property is located on the north side of West 30th Street, between
Ware and Bryant Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within a neighborhood that is primarily single-
family residential in zoning and use. All surrounding properties are zoned
R-2 and occupied by single family residences. Another church is located
two blocks to the south. South of 32nd Street are two small Planned
Developments for office uses and a large tract owned by the Little Rock
School District. The tract contains two schools and the District’s
maintenance facilities. This church has been located at this site for many
years. The new parking lot is an upgrade of an existing, unimproved
parking lot. The upgrade will only positively affect the church’s
compatibility with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 200 feet who could be identified and the Broadmoor, College
Terrace and John Barrow Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The portion of the church site in question has been used as an
unimproved parking lot. The church is proposing to construct a paved and
landscaped parking lot containing 54 spaces. Access will be from a single
driveway onto West 30th Street. The parking lot will be gated during
non-church hours to prohibit loitering on the site. The gate must be open
during church hours and a knox box installed for Fire Department access.
October 11, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-5982-A
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
The zoning buffer ordinance requires a seventeen (17’) foot wide land use
buffer along the northern 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.
The zoning buffer ordinance requires an average seventeen (17’) foot
wide street buffer along West 30th Street and in no case less than half.
The site plan appears to be meeting this minimal amount.
The zoning buffer ordinance requires an average eighteen (18’) foot wide
street buffer along both South Bryant Street and along South Ware Street
and at no case less than half. The site plan appears to be meeting this
minimal amount.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the northern perimeter of the site. 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 and must obtain the seal of 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. Due to the proposed use of the property, the Master Street Plans
specifies that S. Bryant Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
October 11, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-5982-A
3
2. Due to the proposed use of the property, the Master Street Plans
specifies that W. 30th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
3. Due to the proposed use of the property, the Master Street Plans
specifies that S. Ware Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
4. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of S. Ware Street and W. 30th Street.
5. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of W. 30th Street and S. Bryant Street.
6. With issuance of building permit, provide design of street conforming
to the Master Street Plan. Construct one-half street improvement to
W. 30th Street including 5-foot sidewalks with planned development.
The driveway apron must be constructed per City detail at time the
parking lot is constructed.
7. With issuance of building permit, sidewalks with appropriate handicap
ramps are required to be installed on S. Bryant Street in accordance
with Section 31-175 of the Little Rock Code and the Master Street
Plan.
8. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
9. 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).
10. Storm water detention ordinance applies to this property. With
building permit application, show the proposed location for storm
water detention facilities on the plan.
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.
October 11, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-5982-A
4
Water: Contact Central Arkansas Water if larger and/or additional
meter(s) are needed.
Fire Department: Install Knox lock to gate for Fire Department access.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
The applicant was present. Staff presented the item and noted little additional
information was needed. Staff requested a signage plan and noted the gate to
the parking lot must be kept open during normal church hours.
Public Works and Landscape Comments were discussed. Staff noted the church
was requesting a two-year deferral of the required improvements to West 30th
Street and a waiver of the sidewalk requirement on Bryant Street. Staff voiced
support for the 30th Street deferral but opposition to the sidewalk waiver. The
applicant stated putting the sidewalk in would likely require removal of several
trees. During the ensuing discussion, it was suggested that the sidewalk could
“meander” around the trees and that a portion of the sidewalk could be placed in
an easement rather than placing all of it in the right-of-way. The applicant was
advised to study the alternative and report back to staff by September 26, 2007.
The committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
New Life Christian Covenant Church is located on the R-3 zoned property at
2924 Ware Street. The church owns the entire block bounded by Ware, Bryant,
West 30th and the abandoned West 29th Street. The church buildings are located
on the east half of the block. The west half of the block contains numerous trees
and an unimproved, gravel parking area. The property has a slope up of about
30 feet from south to north. The church is requesting approval of a conditional
use permit to allow for construction of a 54 space, paved parking lot on the west
half of the block. The parking lot is being designed to preserve most of the trees
and large perimeter buffers are being retained. Access to the parking lot will be
from a single driveway onto West 30th Street.
October 11, 2007
ITEM NO.: 4 (Cont.) FILE NO.: Z-5982-A
5
Buffers of approximately 50 feet in width are proposed to be preserved on the
north and west perimeters. A six-foot tall wood screening fence will be installed
along the north perimeter. The buffer on the south perimeter is approximately 35
feet in width. An interlocking modular concrete block retaining wall will be
constructed along the north edge of the parking lot. A covered entry canopy will
be added to the west side of the main church building to allow for covered drop-
off and pick-up. The parking lot driveway will be gated during off hours to control
access onto the site.
The church is no longer requesting a waiver of the sidewalk requirement along
Bryant Street. The sidewalk will be installed so as to meander around the
existing, mature trees. Half street improvements will be made to West 30th
Street, including sidewalk. Staff is supportive of a two-year deferral of the 30th
Street improvements and the Bryant Street sidewalk.
To staff’s knowledge, there are no outstanding issues. Construction of the
parking lot, as proposed, will be a positive improvement to the site. The 1912 Bill
of Assurance for Hamilton and Brack Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the 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. All site lighting is to be shielded downward and into the site.
3. Signage is to be limited to that allowed in office and institutional zones.
4. The gate to the parking lot is to be kept open during normal church hours and
a knox box is to be installed for Fire Department access.
Staff recommends approval of a two-year deferral of the required half-street
improvements to West 30th Street and of the sidewalk construction along Bryant
Street.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors 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, including all staff comments and
conditions. The vote was 7 ayes, 0 noes, 3 absent and 1 open position.
October 11, 2007
ITEM NO.: 5 FILE NO.: Z-6933-B
NAME: Crackerbox – Conditional Use Permit
LOCATION: 14100 Kanis Road
OWNER/APPLICANT: Crackerbox, LLC/Terry Burruss, Architect
PROPOSAL: A conditional use permit is requested to allow for
construction of a convenience store with gas pumps
on this C-1 zoned site.
1. SITE LOCATION:
The property is located at the northwest corner of Kanis Road and Kirby
Road; just outside the city limits but within the City’s extraterritorial
jurisdiction.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the edge of the city limits, in an area that
contains existing, older development and planned new development. An
undeveloped PDR zoned tract is directly north of the site. Single family
neighborhoods are located to the north. With these neighborhoods are
other uses such as churches and a fire station. The C-1 zoned properties
to the east and west appear to contain no active use. The northern
extension of the Woodlands Edge Subdivision is proposed to intersect
Kanis Road, southeast of this site. That overall development does have
an area set aside for commercial and office development. A new
development east of the site is currently under review. That development
does contain a limited list of commercial uses. Under a recent review of
this site for a convenience store, staff expressed concern about allowing
an intensive commercial, C-3 or C-4 type use at this entry point into the
extended residential neighborhoods to the north. Staff’s current concerns
remain the same. Staff does not believe the proposed use is appropriate
for this site. The property should be developed for a “neighborhood
commercial” C-1 use.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Parkway Place and
Woodlands Edge Neighborhood Associations were notified of this request.
October 11, 2007
ITEM NO.: 5 (Cont.) FILE NO.: Z-6933-B
2
3. ON SITE DRIVES AND PARKING:
The plan proposes two driveways; one off of Kirby Road and one off of
Kanis. Twenty-one (21) parking spaces are proposed. Additional parking
will be located at the fuel pump islands. The building is proposed to
contain a 4,000 square foot convenience store and a 1,000 square office
use; requiring a total of 15 on-site parking spaces.
4. SCREENING AND BUFFERS:
Property to the north is zoned residential, therefore, the zoning ordinance
requires average sixteen (16) foot wide land use buffer along this northern
perimeter. Easements cannot count toward fulfilling this requirement.
Property to the west is zoned residential, therefore, the zoning ordinance
requires average seventeen (17) foot wide land use buffer along this
perimeter. Easements cannot count toward fulfilling this requirement.
The zoning street buffer ordinance requires an average sixteen (16) foot
wide street buffer along Kanis Road.
The zoning buffer ordinance requires an average seventeen (17) foot wide
street buffer along Kirby Road.
The landscape ordinance requires a minimum of eight (8) percent of the
paved areas be landscaped with interior islands of at least 7 ½ feet in
width and 150 square feet in area. Show areas required to reflect this
minimum.
A small amount of building landscaping is required to be located between
the parking lot and the building.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the northern and western perimeters of the site. Credit towards fulfilling
this requirement can be given for existing trees and undergrowth that
satisfies this year-around requirement.
An automatic irrigation system to water landscaped areas will be required.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on tree covered sites. Credit toward fulfilling Landscape
Ordinance requirements can be given when preserving trees of six (6)
inch caliper or larger.
October 11, 2007
ITEM NO.: 5 (Cont.) FILE NO.: Z-6933-B
3
5. PUBLIC WORKS COMMENTS:
1. Kirby Road is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be
required.
2. A 20 foot radial dedication of right-of-way or of sufficient width for
intersection improvements is required at the intersection of Kirby
Road and Kanis Road.
3. Kanis Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
4. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvements to Kanis
Road consisting of 33 feet of street measured from the centerline to
the back of curb and 5-foot sidewalks with planned development.
Construct one-half street improvements to Kirby Road consisting of
18 feet of street measured from the centerline to the back of curb and
5-foot sidewalks with planned development. Dual left turn lanes on
Kanis for westbound left turns are required per MSP with 250 feet
stack distance and taper lengths per AASHTO standards. Provide
overall intersection design. Include calculations showing design will
meet design traffic capacities. Determine whether signalization is
required for acceptable operation. A westbound right turn lane is
required per MSP with 250 feet stack distance and a 150 ft taper.
Contact Bill Henry, Traffic Engineering at 379-1816 for additional
information.
5. In accordance with Section 32-8, no obstruction to visibility shall be
located within a triangular area 50 feet back from the intersecting
right-of-way line (or intersecting tangent lines for radial dedications)
at the intersection of Kanis Road with Kirby Road.
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. 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.
8. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
9. Street improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
October 11, 2007
ITEM NO.: 5 (Cont.) FILE NO.: Z-6933-B
4
10. Street lights are required by Section 31-403 of the Little Rock Code.
Provide plans for approval to Traffic Engineering. Street lights must
be installed prior to platting/certificate of occupancy. Contact Traffic
Engineering 379-1813 (Steve Philpott) for more information.
11. The applicant should work with adjacent property owners including
those across Kanis Road to construct his portion of improvements to
the intersection of Kirby, Kanis, proposed Woodlands Trail, and
Cooper Orbit to meet AASHTO design standards. The new
intersection design may require the realignment of Kirby Road and
Cooper Orbit Road, dedication of addition right-of-way, and
intersection improvements.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Property is outside of current service boundary. No
comment.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Additional fire hydrant(s) will be required. Contact the Little Rock
Fire Department to obtain information regarding the required
placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s).
Contact Central Arkansas Water if larger and/or additional meters are
required. A Capital Investment Charge based on the size of the meter
connection(s) will apply to this project in addition to normal charges for
additional and/or larger meter(s).
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZA) is required on the
domestic water service. This assembly must be installed prior to the
first point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to
CAW’s Cross Connection Section within ten days of installation and
annually thereafter. Contact Carroll Keatts at 377-1226 if you would
like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted.
October 11, 2007
ITEM NO.: 5 (Cont.) FILE NO.: Z-6933-B
5
County Planning: Approved as submitted.
CATA: The site is not located on a CATA bus route.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
The applicant was present. Staff presented the item and noted additional
information was needed regarding signage, fencing, building design and height
and hours of dumpster service. Staff asked if there would be any outside
speakers or music. The applicant was asked to indicate on the site plan where
fuel trucks would be parking.
Public Works, Utility and Landscaping Comments were noted and discussed. It
was noted that the applicant had proposed landscaping/screening along the
north and west perimeters at 1.5 times the ordinance standard.
Staff noted the site was not inside the city limits and sewer service was not
available. The applicant responded that the property would be annexed prior to
construction.
The applicant was advised to respond to staff issues by September 26, 2007.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of a convenience
store with gas pumps on this vacant, 1.7± acre tract. The development is
proposed to contain a one-story, 5,355 square foot building, a detached gas
island canopy and associated parking. The building will be divided between two
uses; a 4,080 square foot convenience store and a 1,275 square foot office use.
The building is proposed to have an exterior finish of split face block, brick and
stucco. The structure will have a flat roof, hidden by parapet walls. The
operating hours for the convenience store are proposed as 5:00 a.m. to 11:00
p.m., Sunday through Thursday and 5:00 a.m. to midnight, Friday and Saturday.
The office use hours are proposed as 7:00 a.m. to 6:00 p.m., Monday through
Friday. Site and building lighting is proposed to follow “dark sky” requirements.
Signage is proposed to consist of wall signage on the building façade, signage
on three sides of the gas canopy and a 12-foot tall, 168 square foot, monument
style ground-mounted sign. No pricing signage will be placed on the canopy.
The ground sign will have an automatic reader display.
October 11, 2007
ITEM NO.: 5 (Cont.) FILE NO.: Z-6933-B
6
The building height is proposed as 17’4” with the front façade parapet wall
extending to a height totaling 20’6”. The gas canopy is proposed as 18’ with 15’
of clearance. No fencing is proposed on the site. There will be no outside
speakers or music. The dumpster is located on the south side of the building
with pick-up hours to occur after 6:00 a.m.
The plan complies with buffer ordinance requirements. Landscaping and dense
evergreen plantings will be placed along the north and west perimeters at 1.5
times the Ordinance requirement. The plan has been revised to show required
interior landscaping. There is no bill of assurance for this acreage tract. The site
is located outside of the city limits and does not currently have sewer service.
The applicant has stated the property will be annexed to the city prior to
construction.
While the applicant has done a good job of addressing site plan issues, staff still
has concerns about the use. A similar plan for a convenience store with gas
pumps and a carwash was denied by the Commission at its April 26, 2007
meeting. That denial was upheld by the Board of Directors on August 6, 2007.
Although this proposal has dropped the car wash and added an office use, staff’s
concerns about the convenience store remain. This property is located at the
entrance to what is primarily a single family residential neighborhood. It is zoned
C-1 which allows for commercial uses typically designed to accommodate limited
retail development within or adjacent to neighborhood areas for the purpose of
supplying daily household needs of the residents for food, drugs and personal
services. Commercial uses in the C-1 district should not depend on market
areas larger than the neighborhood served. Staff does not believe a
convenience store meets this criteria and does not believe this is an appropriate
location for such a use.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were three (3) registered objectors present.
Staff had received numerous telephone calls in opposition. As there were only
seven (7) Commissioners present, the applicant was offered the opportunity to
defer to a later date. The applicant stated he wished to defer. A motion was
made to defer the application to the December 6, 2007 meeting. The motion was
approved by a vote of 5 ayes, 2 noes, 3 absent and 1 open position.
October 11, 2007
ITEM NO.: 6 FILE NO.: Z-8267
NAME: Hayes Barber and Beauty Salon –
Conditional Use Permit
LOCATION: 5512 Patterson Road
OWNER/APPLICANT: Patterson Inc., LLC/Juan Hayes
PROPOSAL: A conditional use permit is requested to allow a
barber and beauty salon to operate in a 2,300 square
foot portion of the existing 18,100 square foot building
located on this I-2 zoned property.
1. SITE LOCATION:
The property is located on the west side of Patterson Road, one lot south
of its intersection with the MoPac Railroad line.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the northern edge of the 65th Street Industrial
Park. Properties to the north, south and east are zoned I-2, I-3 and C-4.
These properties contain a variety of warehousing, wholesaling and
manufacturing uses. The rear portion of this deep tract abuts Ballinger
Road where some single family residences are located. Additional single
family is located beyond the MoPac Railroad line, to the north. The
applicant proposes to utilize a small portion of this existing industrial
building. Allowing the use should have no impact on other uses in the
area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the SWLR United for Progress,
Upper Baseline, Wakefield and Geyer Springs Neighborhood
Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site contains a 13-space parking lot located in front of the building.
Access is from driveways onto Patterson Road. A paved driveway
extends along the north side of the building to additional parking located
behind the building. The beauty barber salon will be located at the front of
the building and will use the front parking lot. A 2,300 square foot salon
requires 10 parking spaces. The industrial uses in the building will use the
parking located at the rear of the site.
October 11, 2007
ITEM NO.: 6 (Cont.) FILE NO.: Z-8267
2
4. SCREENING AND BUFFERS:
No Comments on this use-only issue.
5. PUBLIC WORKS COMMENTS:
1. Patterson 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. Staff is unable to determine if sufficient right-of-way exists
because a centerline is not shown on survey.
2. Due to the proposed use of the property, the Master Street Plans
specifies that Ballinger Road for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline. Staff is unable to determine if sufficient right-of-way
exists because a centerline is not shown on survey.
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
meter(s) are needed.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
The applicant was present. Staff presented the item and requested the applicant
provide the number of employees/work stations and a signage plan.
Public Works Comments were discussed. Staff noted the required right-of-way
for Patterson and Ballinger Roads. It was noted that the survey did not show the
centerline of the roads, so it would not be determined if additional right-of-way
October 11, 2007
ITEM NO.: 6 (Cont.) FILE NO.: Z-8267
3
was needed. The applicant was advised to have the surveyor provide the
information.
The Committee determined there were no other issues and forwarded the item to
the full Commission. The applicant was advised to respond to staff issues by
September 26, 2007.
STAFF ANALYSIS:
The I-2 zoned property located at 5512 Patterson Road contains an 18,100
square foot industrial building and associated parking. Light Industrial uses
occupy the building. The applicant is requesting approval of a conditional use
permit to allow use of a 2,300 square foot portion of the building for a barber and
beauty salon. The salon is proposed to occupy an area at the front of the
building. No changes will be made to the site other than for interior remodeling to
accommodate the use.
The salon is proposed to operate from 9:00 a.m. – 7:00 p.m., Tuesday through
Saturday. The salon is to have eight work stations to accommodate one barber
and seven stylists. Signage is to consist of a wall sign on the front façade of the
building.
To staff’s knowledge, there are no issues. The applicant has agreed that right-of-
way will be dedicated, if needed. There is no bill of assurance for this acreage
tract. Parking is sufficient to accommodate the use. There should be no impact
on other properties.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. subject to compliance with the
comments and conditions outlined in Section 5 of the agenda staff report.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors 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, including all staff comments and
conditions. The vote was 7 ayes, 0 noes, 3 absent and 1 open position.
October 11, 2007
ITEM NO.: 7 FILE NO.: Z-8268
NAME: Forest Park Elementary School –
Annex Conditional Use Permit
LOCATION: 1701 North Polk Street
OWNER/APPLICANT: Little Rock School District/Peters and Associates
PROPOSAL: A conditional use permit is requested to allow use of
the existing residential structure on this R-2 zoned lot
as offices and meeting space for the nearby Forest
Park Elementary School.
1. SITE LOCATION:
The property is located at the northeast corner of Polk Street and “P”
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This property is one of the many single family residential properties that
occupy the neighborhood surrounding the Forest Park Elementary School
campus. The school itself is located across “P” Street to the south.
Single-family homes are located to the north and west. A vacant lot, also
owned by the school district is located to the east. No physical changes
are proposed to the property. No signage is proposed and no parking is to
be constructed. The property will maintain its single family residential
character. As such, staff believes 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 Prospect Terrace and
Forest Park Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
No on-site parking is proposed. The persons proposed to occupy the
building are currently occupying space in the elementary school. They will
continue to park around the school. Typically, a 1,300-square foot office
use requires 3 on-site parking spaces. Staff believes it is important to
maintain the residential character of the property and, as such, supports a
variance to allow off-site parking.
October 11, 2007
ITEM NO.: 7 (Cont.) FILE NO.: Z-8268
2
4. SCREENING AND BUFFERS:
Screening is required along the north perimeter where the site is adjacent
to residentially zoned property. Screening may be dense evergreen
plantings or a six (6) foot tall opaque fence or wall.
5. PUBLIC WORKS COMMENTS:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of “P” Street and the public alley.
2. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Polk Street and “P” Street.
3. Due to the proposed use of the property, the Master Street Plans
specifies that “P” Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
4. Due to the proposed use of the property, the Master Street Plans
specifies that Polk Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
5. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the private improvements located in the right-of-way.
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
meter(s) are needed.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
October 11, 2007
ITEM NO.: 7 (Cont.) FILE NO.: Z-8268
3
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
The applicant was present. Staff presented the item and noted there was some
additional information needed. The applicant was asked to provide a copy of the
bill of assurance, days and hours of use, signage, fencing and site lighting. The
applicant was advised to request a parking variance.
Public Works and Landscape Comments were noted.
The applicant was advised to respond to staff issues by September 26, 2007.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-2 zoned lot located at 1701 N. Polk Street is occupied by a one-story,
frame residential structure and a detached garage. The property has been
acquired by the Little Rock School District. A conditional use permit is requested
to allow use of the property as an annex for the Forest Park Elementary School
located across “P” Street to the south. The specific uses requested for the
property are as follow:
1. Office for a counselor to provide confidential counseling for an individual
student or a small group of students with a maximum of four students at one
counseling session.
2. Office for a part-time (four hours per school day) speech therapist to provide
services to individual students.
3. Office for a part-time (four hours per school day) resource teacher to provide
services to individual students.
4. Meeting space for P.T.A. committee meetings. (Any regular P.T.A. meetings
will be held in the main building.)
5. Use of the garage for storage of school materials.
Hours of usage are proposed as Monday through Friday, 7:30 a.m. to 6:00 p.m.
No signage will be placed on the property. No additional site lighting is
proposed. A six-foot tall wood privacy fence will be placed along the north
perimeter where the site is adjacent to a single-family residence. No on-site
parking is proposed. Those persons who will have office space in the structure
are currently housed in the elementary school and will continue to park around
the school. The applicant states there is no valid bill of assurance for the
October 11, 2007
ITEM NO.: 7 (Cont.) FILE NO.: Z-8268
4
subdivision. The District will dedicate required right-of-way, as called out in
Public Works Comments.
Staff is supportive of the proposed C.U.P. The property will maintain its single-
family residential character and appearance. Use of the home will not extend
past 6:00 p.m. on weekdays. There will be no use of the site on weekends. As
proposed, staff believes the proposed use could be compatible with the
surrounding residential uses.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow use
of this property as an annex for Forest Park Elementary School, as proposed,
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.
Staff recommends approval of a variance to allow no on-site parking.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors 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, including all staff comments and
conditions. The vote was 7 ayes, 0 noes, 3 absent and 1 open position.
October 11, 2007
ITEM NO.: 8 2007 ORDINANCE AMENDMENT PACKAGE
SUBJECT: Planning Commission receipt and acceptance of a Proposed
Ordinance Amendment package for 2007; directing the Plans
Committee to proceed with review and forwarding the results of
that review for public hearing.
STAFF REPORT:
The subjects in this proposal have been accumulated by staff during the past
year. If the Commission accepts this material as the 2007 work program for
ordinance amendments, staff will distribute the material to contact persons.
Comments received will be forwarded to the Plans Committee for inclusion in the
discussion.
Once the Plans Committee completes its review, the completed package will be
returned to the Commission.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
Staff presented the proposed ordinance package and asked the Commission to
set a public hearing date.
Ruth Bell, of the League of Women Voters of Pulaski County, noted that there
was no proposed amendment to the Subdivision Ordinance that would give the
Commission greater discretion in reviewing proposed subdivision preliminary
plats. She stated she hoped the Commission would take the issue up in a
subsequent amendment package.
A motion was made to set December 6, 2007 as the public hearing on the
ordinance amendments. The motion was approved with a vote of 7 ayes, 0 noes,
3 absent and 1 open position.
2007 PROPOSED ORDINANCE AMENDMENTS
1. Amend Section 36-318 Industrial District restrictions to add the following
language as was recently added to Commercial Districts:
“All premises shall be kept clear of all rubbish, trash, brush, litter and
abandoned vehicles.”
2. Amend Section 36-550 (6) to create a maximum size of one hundred (100)
square feet for allowable company or organizational flags.
3. Amend Section 36-342.1 (c) (11) to clarify language regarding ground
mounted signs in UU:
“Off premises signs are not permitted. Ground mounted signs are
discouraged and may only be permitted as a variance as per Division 2 of
this Chapter. Otherwise, permitted signs….”
4. Create new airport/landing field definition
5. Amend Section 36-108 (c) to provide for automatic voiding of approved
CUP’s that have not been started or permits obtained after three years.
6. Amend Office General restrictions of Section 36-278 to permit accessory
permanent structures which meet all setback requirements.
7. Add definition of Handicapped persons
8. Move PR zoning review to Parks Commission.
9. Amend 31-210 (e) removing the specific uses listed to clarify that
regulations regarding points of access to a boundary street apply regardless
of use.
10. Amend Section 31-36 (3) to read twenty four months, not twelve and to
change the Department name.
October 11, 2007
ITEM NO.: 9 FILE NO.: LU07-12-02
Name: Land Use Plan Amendment - 65th Street West Planning District
Location: Stagecoach Road and Tall Timber area
Request: Single Family and Mobile Home to Park/Open Space and Single Family
Source: Planning Staff
PROPOSAL / REQUEST:
A Land Use Plan amendment in the 65th Street West Planning District from 1)Single
Family to Park/Open Space and 2)Mobile Home to Single Family. Park/Open Space
represents all public parks, recreations facilities, greenbelts, floodplains and other
designated open spaces. Single Family represents single family homes at densities not
to exceed six dwelling units per acre. This amendment was initiated by Planning Staff to
update the Plan while reviewing the Pecan Lake/Stagecoach Dodd/Westwood
Neighborhood Action Plan.
EXISTING LAND USE AND ZONING:
Both amendment areas are currently zoned R-2 Single Family District and are
developed with single family residences. The area north of Timberland Drive is zoned I-
2 Light Industrial and it has two office/warehouse type businesses fronting Colonel
Glenn Road.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment area covers two locations: Timberland Drive and Waters Edge Drive.
Timberland Drive is currently shown as Single Family on the Plan with a strip of
Park/Open Space running east and adjacent to represent the Brodie Creek floodway.
East of that is shown as Public Institutional. West of this area is a strip of Park/Open
Space buffer followed by a large area of Light Industrial.
The Waters Edge portion of this amendment is currently shown as Mobile Home and is
surrounded by Single Family to the west, south and east. North of this area is shown as
Low Density Residential. Northeast of this amendment is shown as Service Trades
District.
There have been no land use plan amendments passed in this area in the recent past.
October 11, 2007
ITEM NO.: 9 (Cont.) FILE NO.: LU07-12-02
2
MASTER STREET PLAN:
Waters Edge Drive and Timberland Drive are both shown as Local Streets on the
Master Street Plan. The primary function of a Local Street is to provide access to
adjacent properties. Local Streets which are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as “Commercial Streets”. These
streets have a design standard the same as a Collector.
BICYCLE PLAN:
A Class I bike route is shown east and adjacent to the amendment area on Timberland
Drive. A Class I bikeway is built separate from or alongside a road. Additional paving
and right of way may be required.
PARKS:
According to the Master Parks Plan, both of these areas are within eight blocks of a city
park or designated open space. Both locations are close to the Brodie Creek and
Fourche Creek floodplains, which are designated at Park/Open Space on the City’s
Future Land Use Plan.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the Pecan Lake/Stagecoach Dodd/Westwood Neighborhood
Action Plan. Their Zoning and Land Use Goal states: “Maintain and encourage single-
family and low density residential developments in the residential area of the
neighborhood, while encouraging responsible non-residential development in area
currently reserved for such uses on the Future Land Use Plan.”
ANALYSIS:
Staff initiated a review of the Westwood/Stagecoach Dodd/ Tall Timber Neighborhood
action plan in spring 2007. As part of that review, the Land Use Plan was reviewed by
Staff for possible changes or amendments. The two amendments to the plan in this
application are a result of that process and are considered by Staff to be a ‘clean up’ of
the plan to recognize existing conditions.
This application was initiated by City Planning Staff in an effort to update the Future
Land Use Plan for the Stagecoach-Dodd/Pecan Lake/Westwood area. The application
is in two parts. The northern section of this amendment is on the east side of
October 11, 2007
ITEM NO.: 9 (Cont.) FILE NO.: LU07-12-02
3
Timberland Drive. This area is currently shown as Single Family on the Plan. Staff is
requesting to amend the area along the eastern portion of these single family lots to
Park/Open Space on the Plan to recognize the existing Brodie Creek floodway. This
floodway is represented to the north and to the south of this amendment site, and this
amendment would connect the floodway to depict a more accurate representation.
The second portion of this amendment is located on Waters Edge Drive. This area has
been shown as Mobile Home on the Future Land Use Plan for many years, but the area
has since developed as single family residences. Planning Staff feels this area should
be amended to Single Family on the plan to represent the existing and probable future
uses.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association: Tall Timber. All of the
property owners affected have been notified of the proposed changes. Staff has
received four comments from area residents. All comments have been in support.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The item was placed on consent agenda for approval. By a vote of 7 for, 0 against,
3 absent and one vacancy the item was approved.
October 11, 2007
ITEM NO.: 10 FILE NO.: MSP07-02
Name: Master Street Plan Amendment - River Mountain Planning District
Location: Pinnacle Valley Road from Highway 10 to County Farm Road
Request: Alternate Design Standards
Source: Staff
PROPOSAL / REQUEST:
Master Street Plan amendment in the River Mountain Planning District for an
Alternate Design Standard. An Alternate Design Standard is shown on the plan
when a section of road is desired to be built to a different section than the
recommended standard section. These can include a different amount of right of
way required, a different number of lanes, shoulders versus curb and gutter, etc.
The proposed design section for Pinnacle Valley Road from Highway 10 to
County Farm Road is 22 feet wide of pavement for two travel lanes, two 7 feet
paved shoulders and open ditches on both sides. The right of way of 90 feet is
not proposed to change. This change will bring the City’s Master Street Plan in
alignment with Pulaski County’s Master Street Plan.
CURRENT MASTER STREET PLAN:
Pinnacle Valley Road is shown as a Minor Arterial on the plan. The current plan
for development would be a 90’ right-of-way with two travel lanes in both
directions with a 14’ median in the center. Pinnacle Valley Road connects
Highway 10 to the south to Highway 300 in the west.
From County Line Road to the east boundary of the State Park, there is an
Alternate Design Standard of an industrial street open drainage standard section.
This provides for 28’ of pavement with 6’ of paved shoulder, 4’ of green shoulder,
ditches on both sides and a 10’ utility easement.
Through the State Park property and to the west at the intersection of Highway
300, the section is a 20’ wide paving with two 6’ paved shoulders, two 2’ green
shoulders with a 10’ utility corridor, open drainage with ditches at a 3 to 1 slope.
FUTURE LAND USE PLAN:
Transition and Mixed Office Commercial are shown along Pinnacle Valley Road
near the intersection of Highway 10, Single Family for the majority of the section,
October 11, 2007
ITEM NO.: 10 (Cont.) FILE NO.: MSP07-02
2
Low Density Residential for the apartments located just south of the railroad
tracks, and Park / Open Space for the Little Maumelle River.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the River Mountain Neighborhood Action Plan. The
traffic and transportation goal states: “Widen Pinnacle Valley Road to a 36 foot
2-lane road.” The infrastructure goal states: “Ensure that roads are improved in a
manner that is supportive of all modes of transportation (walking, cycling,
automobile, public transit and truck) and help to minimize the conflicts between
the various modes.”
ANALYSIS:
The proposed design section for Pinnacle Valley Road from Highway 10 to
County Farm Road is 22 feet wide of pavement for two travel lanes, two 7 feet
paved shoulders and open ditches on both sides. The right-of-way of 90 feet is
not proposed to change. This change will bring the City’s Master Street Plan in
alignment with Pulaski County’s Master Street Plan. This will also bring this
section of the road into a similar section as the rest of the road.
The area has a rural feel and the proposed change would enhance the rural feel.
The Park/Open Space on the Future Land Use plan is reflective of the creek and
floodway that parallels the road to the west. The floodway’s proximity to the road
prohibits most development to the west that has not already occurred. The other
subdivisions that have been built have had driveways that are internal to the
subdivisions, not with driveways that enter onto Pinnacle Valley Road. A street
that has less curb cuts on it can function at a higher level of service than one with
many curb cuts (driveways). With the development pattern thus far and the
limitations set by the floodway, it is conceivable that a two lane road with
shoulders as proposed would be able to carry the traffic needs of the area.
NEIGHBORHOOD COMMENTS:
All property owners abutting the section of road were notified via certified mail of
the proposed changes. Notices were sent to the following neighborhood
associations: River Valley and Pinnacle Valley. As of this printing, Staff has
received ten comments from area residents. Eight are in support and two are
opposed to the change. Pinnacle Valley Neighborhood Association opposes the
change.
October 11, 2007
ITEM NO.: 10 (Cont.) FILE NO.: MSP07-02
3
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
There were only seven Commissioners present, so the applicant requested that
the item be differed in order to allow more Commissioners to hear the item. By a
vote of 5 for, 2 against, 3 absent and one open position the item was deferred to
November 8, 2007.
October 11, 2007
ITEM NO.: 11 FILE NO.: Z-8157-A
Owner: Little Rock Municipal Airport Commission
Applicant: Garver Engineers
Location: South of East 9th Street, north of East 10th Street
and east of Ventura Street
Area: Approximately 13.34 Acres
Request: Rezone from R-2 and O-1 to I-2
Purpose: Expansion of Dassault Falcon Jet facilities
Existing Use: Vacant, single family and church
SURROUNDING LAND USE AND ZONING
North – Single family residences and vacant lots; zoned R-2
South – Airport property; zoned I-2
East – Airport property; zoned I-2 and R-2
West – Single family residences; zoned R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA Bus Route #12 (East 6th Street Route) which
runs along East 9th Street.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the East Little Rock
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the East Little Rock Planning District. The Land
Use Plan shows Single Family with a Special Coverage for this property.
October 11, 2007
ITEM NO: 11 (Cont.) FILE NO.: Z-8157-A
2
The applicant has applied for a rezoning from O-1 and R-2 to I-2 Light
Industrial.
The request does not require a change to the Land Use Plan because of
the Special Coverage that was added to the Future Land Use Plan. The
ordinance stated that the areas around the Little Rock Airport would
ultimately be Light Industrial but the changes had to be made at least at
the block level. The idea was to keep these neighborhoods from being
piece-mealed apart. This designation has allowed the residents in east
Little Rock to stay in their current locations without industrial uses next
door, until the airport or another future developer chooses to redevelop at
least an entire block. This application meets this requirement.
Master Street Plan:
Ventura Street, Bedford Street, Maxwell Street, Carson Street, East 9th and
East 10th are all shown as Local Streets on the Master Street Plan. The
primary function of a Local Street is to provide access to adjacent
properties. Local Streets that are abutted by non-residential zoning/use or
more intensive zoning than duplexes are considered as “Commercial
Streets”. These streets have a design standard the same as a Collector.
Bicycle Plan:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Little Rock Municipal Airport Commission, owner of the 13.34 acres of
property located south of East 9th Street, north of East 10th Street and east
of Ventura Street, is requesting to rezone the property from “R-2” Single
Family District and “O-1” Quiet Office District to “I-2” Light Industrial
District. The rezoning is proposed to allow expansion of the Dassault
Falcon Jet facilities, which are located to the south. The rezoning consists
of the following properties:
a. Lots 5-16, Block 43, Industrial Park Addition
b. All of Block 44, Industrial Park Addition
c. All of Block 50, Industrial Park Addition
October 11, 2007
ITEM NO: 11 (Cont.) FILE NO.: Z-8157-A
3
d. Lots 1-6 and 18-20, and part of Lots 7-10 and 14-17, Block 51,
Industrial Park Addition
e. Part of Lots 1-3, Block 56, Industrial Park Addition.
The majority of the R-2 zoned property proposed for rezoning is
comprised of vacant lots. There are a few single family structures located
along Ventura and Bedford Streets, with one (1) structure located along
the east side of Maxwell Street. There is a church building (zoned O-1)
located at the northwest corner of East 10th and Maxwell Streets. There is
an unpaved parking lot located at the northeast corner of East 10th and
Maxwell Streets and a small paved lot (zoned O-1) at the northwest corner
of East 10th and Carson Streets. There is a communications tower located
at the northwest corner of East 10th and Bedford Streets. A portion of the
property proposed for rezoning (from Carson Street east) is already within
the fenced airport facilities.
Single family residential structures and vacant lots are located within the
R-2 zoned property north of East 9th Street. Airport property is located
along the south side of East 10th Street and east of the proposed rezoning.
Additional structures are located to the west, with an industrial building
and multifamily structures to the northwest.
The City’s Future Land Use Plan designates this property as Single
Family, with a Special Coverage for Light Industrial. The requested
rezoning does not require a change to the Future Land Use Plan based on
the fact that the proposed rezoning includes more than an entire platted
block of property.
Staff is supportive of the requested rezoning. Staff views the request as
reasonable. The property is located within a Special Coverage area for
Light Industrial and future airport facilities expansion according to the
Future Land Use Plan. On September 27, 2007 the Little Rock Planning
Commission approved a multiple-building site plan, including parking, for
expansion of the Dassault Falcon Jet facilities within the east portion of
the proposed area of rezoning. An application to abandon the rights-of-
way within and adjacent to the area of rezoning is also an application on
this agenda (G-23-391). Staff believes the proposed rezoning will have no
adverse impact on the adjacent properties or general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-2 rezoning.
October 11, 2007
ITEM NO: 11 (Cont.) FILE NO.: Z-8157-A
4
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open
position.
October 11, 2007
ITEM NO.: 12 FILE NO.: G-23-391
Name: Little Rock National Airport – Right -of-Way
Abandonments
Location: Portions of street and alley rights-of-way south
of East 9th Street and east of Ventura Street
Owner/Applicant: Little Rock Municipal Airport Commission/
Garver Engineers
Request: To abandon portions of East 10th, Bedford,
Maxwell, Carson and Lawson Streets, and alleys
located within Blocks 43, 44, 50 and 51,
Industrial Park Addition.
Purpose: Expansion of Dassault Falcon Jet facilities
STAFF NOTE:
On September 27, 2007, the Little Rock Planning Commission approved a site
plan review application for the expansion of Dassault Falcon Jet facilities, south
of East 9th Street and east of Ventura Street. As part of the development plan,
the Little Rock Municipal Airport Commission is requesting to abandon the below
list of rights-of-way:
a. Alley right-of-way located between Lots 5-10 and Lots 11-16, Block 43,
Industrial Park Addition.
b. South 293 feet of Bedford Street, between Blocks 43 and 44, Industrial Park
Addition.
c. Alley right-of-way located within Block 44, Industrial Park Addition.
d. Maxwell Street located between Blocks 44 and 50, Industrial Park Addition.
e. Alley right-of-way located within Block 50, Industrial Park Addition.
f. Carson Street located between Blocks 50 and 51, Industrial Park Addition.
g. North 331 feet of alley right-of-way within Block 51, Industrial Park Addition.
h. North 134 feet of Lawson Street, between Blocks 51 and 56, Industrial Park
Addition.
i. 1,024 feet of East 10th Street, from the east right-of-way of Ventura Street,
east to the east right-of-way of Carson Street.
October 11, 2007
ITEM NO.: 12 (Cont.) FILE NO.: G-23-391
2
Following represents the approximate area of rights-of-way to be abandoned.
a. Alley (Block 43) SIZE: 20’ x 293’ SQ. FT. 5,860 ACRES 0.13
b. Bedford Street SIZE: 50’ x 293’ SQ. FT. 14,650 ACRES 0.34
c. Alley (Block 44) SIZE: 20’ x 491’ SQ. FT. 9,820 ACRES 0.23
d. Maxwell Street SIZE: 50’ x 489’ SQ. FT. 24,450 ACRES 0.56
e. Alley (Block 50) SIZE: 20’ x 488’ SQ. FT. 9,760 ACRES 0.22
f. Carson Street SIZE: 50’ x 487’ SQ. FT. 24,350 ACRES 0.56
g. Alley (Block 51) SIZE: 20’ x 331’ SQ. FT. 6,620 ACRES 0.15
h. Lawson Street SIZE: 50’ x 134’ SQ. FT. 6,700 ACRES 0.15
i. East 10th Street SIZE: 50’ x 1024’ SQ. FT. 51,200 ACRES 1.18
(Total) 153,410 (Total) 3.52
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to
the abandonment request. Two (2) of the utilities request portions of the
areas of abandonment be retained as utility easements. The Public
Works Comments are as follows:
1. Type 3 barricades per Public Works detail PW-67 should be installed
where all right-of-way is abandoned.
2. The right-of-way abandonment also includes the abandonment of all
stormwater improvements located in the right-of-ways to be
abandoned including stormwater piping, inlets, and other conveyance
facilities.
B. Master Street Plan:
There are no Master Street Plan issues, as none of the rights-of-way
proposed for abandonment are classified as a Collector Street or higher.
C. Characteristics of Right-of-Way Terrain:
• Bedford Street – 26 feet of pavement with curb and gutter.
• Maxwell Street – 26 feet of pavement with curb and gutter.
• Carson Street – 26 feet of pavement with curb and gutter.
• Lawson Street – undeveloped and grass-covered.
• East 10th Street – 18 feet of pavement with no curb and gutter, and
some open ditches.
• All alley rights-of-way – undeveloped and grass-covered.
October 11, 2007
ITEM NO.: 12 (Cont.) FILE NO.: G-23-391
3
D. Development Potential:
After abandonment, the areas of abandonment will be incorporated into
the adjacent properties for future expansion of the Dassault Falcon Jet
facilities.
E. Neighborhood and Land Use Effect:
Areas south and east of the proposed abandonments are zoned I-2 and
part of the Little Rock National Airport facilities. Properties north of East
9th Street and west of Ventura Street contain some residential structures
and vacant lots. There is an industrial building and multifamily residential
structures to the northwest.
F. Neighborhood Position:
The East Little Rock Neighborhood Association was notified of the
abandonment request. As of this writing, staff knows of no objectors to
the abandonment request.
G. Effect on Public Services or Utilities:
• Wastewater: No objection to abandonments. No easements required.
• Entergy: No objection to abandonments. Retain west 15 feet of
Bedford Street right-of-way and east 15 feet of Maxwell Street right-of-
way as utility easements.
• AT& T (SBC): No objection to abandonments. AT&T will agree to
move or remove its facilities in the area of the Falcon Jet expansion.
Should these facilities be required for telephone service, there will be a
charge for this work.
• Water: No objection to abandonments. Existing water facilities in the
area, which will need to be relocated. Provide a new 20-foot wide
easement for the new water facilities at the location determined to be
optimal for the main placement, prior to start of construction on the
relocation and abandonment of water facilities.
• CenterPoint Energy: No objection to abandonments. Provide 10-foot
wide easement for existing gas facilities in East 10th Street, Bedford
Street and Maxwell Street. Please note that we have obtained
demolition plans for this area from the Little Rock National Airport and
October 11, 2007
ITEM NO.: 12 (Cont.) FILE NO.: G-23-391
4
have proposed a facilities agreement to reroute and/or abandon our
natural gas facilities in this area. Once this work is agreed to, paid for,
and completed, a significant portion of the aforementioned easements
will not be needed.
H. Reversionary Rights:
All of the rights-of-way were dedicated with the Industrial Park Addition in
1924. The Bill of Assurance for this subdivision is handwritten and is not
legible. It likely contains no reversionary rights. The areas of
abandonment will revert to the Little Rock National Airport, owner of all
abutting properties.
I. Public Welfare and Safety Issues:
Abandoning these areas of street and alley rights-of-way will have no
adverse impact on the public welfare and safety. The Little Rock Fire
Department has expressed no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007)
Brooks Beazley and Earl Mott were present, representing the application. Staff
presented the application. Staff noted that the required letters from utility
companies were needed. The Public Works requirements were briefly
discussed. It was noted that the requested abandonments were in conjunction
with the Falcon Jet expansion.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the requested right-of-way abandonments, subject
to retaining areas of the rights-of-way as utility easements, as noted in paragraph
G. of the staff report.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2007)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval, as recommended by staff. A motion to that effect
October 11, 2007
ITEM NO.: 12 (Cont.) FILE NO.: G-23-391
5
was made. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open
position.