pc_01 19 2006
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JANUARY 19, 2006
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
Gary Langlais
Mizan Rahman
Troy Laha
Robert Stebbins
Jerry Meyer
Lucas Hargraves
Fred Allen, Jr.
Darrin Williams
Chauncey Taylor
Jeff Yates
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 1, 2005 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JANUARY 19, 2006
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-7725 Black Community Developers Group Home –
Special Use Permit
4017 West 12th Street
B. Z-7726 Victory Outreach Church Group Home –
Special Use Permit
3401 West 12th Street
C. Z-5224-J Moonlight Fireworks – Conditional Use Permit
7807 Highway 300
D. Z-7953 Akins Duplex – Conditional Use Permit
3004 State Street
E. LU05-19-02 A Land Use Plan Amendment in the Chenal Planning
District on the south side of Cantrell Road at Norton
Road from Single Family to Commercial.
E.1. Z-7880 Rezoning from R-2 to C-3
6, 12, 14 and 17 Norton Road
F. Z-4765-B West Highlands Zoning Site Plan Review, located East
of Autumn Road on Lots 7R, 9 and 10 of the West
Highlands Subdivision.
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. LU06-08-01 Land Use Plan Amendment in the Central City District
from Single Family and Low Density Residential to
Public Institutional between Schiller and Wolfe from 9th
to Daisy Bates Drive.
1.1. Z-4336-U Rezoning from Various Districts to O-2
Parcels located within an area bounded by Maryland
Avenue, Daisy Bates Drive, Schiller Street and Martin
Luther King Drive.
Agenda, Page Two
II. NEW BUSINESS: (Continued)
Item Number:
File Number:
Title
2. LU06-18-01 Land Use Plan Amendment in the Ellis Mountain
Planning District from Office to Commercial west of
Lawson Road, between Colonel Glenn Road and David
O Dodd.
2.1. Z-7978 Rezoning from R-2 to C-3
12624 Lawson Road
3. Z-7979 Rezoning from R-2 to O-3
East side of David O Dodd Road, immediately North of
J.A. Fair High School
4. Z-7981 Rezoning from R-2 to C-3
North side of Stagecoach Road, at Flintridge Road
5. Z-4281-A New Light Baptist Church – Conditional Use Permit
3110 Battery Street
6. Z-4985-F Cia Day Care Center – Conditional Use Permit
2407 Battery Street
7. Z-5773-A St. Margaret’s Episcopal Church –
Revised Conditional Use Permit
20900 Chenal Parkway
8. Z-7784-A St. Andrews Church – Revised Conditional Use Permit
8300 Kanis Road
9. Z-7816-A Milam-Deerman Duplexes – Conditional Use Permit
SE corner of Ludwig and West 32nd Streets
10. Z-7980 Entergy Substation – Conditional Use Permit
14250 Colonel Glenn Road
11. Z-7982 Oak Forest United Methodist Church –
Conditional Use Permit
2415 Fair Park Blvd.
12. Z-7253-C Verizon Wireless – Tower Use Permit
2416 West 16th Street
13. Z-7983 Verizon Wireless – Tower Use Permit
14301 Cantrell Road
January 19, 2006
ITEM NO.: A FILE NO.: Z-7725
NAME: Black Community Developers Group Home –
Special Use Permit
LOCATION: 4017/4019 West 12th Street
OWNER/APPLICANT: Black Community Developers, Inc.
PROPOSAL: A special use permit is requested to allow use of the
existing duplex on this R-4 zoned lot as group home
for up to 12 women; 6 per unit.
A. Public Works Comments:
No Comments.
B. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Forest Hills, Hope, Pine to
Woodrow and Stephens Area Faith Neighborhood Associations were
notified of the public hearing.
C. Staff Analysis:
4017 West 12th Street is located on the south side of West 12th Street,
between Elm and Cedar Streets. The property contains a one-story rock
and frame duplex structure. There is a paved alley along the rear (south)
property line. A one-story frame storage/carport structure is located in the
rear yard along the paved alley.
The general area contains a mixture of zoning and uses. Residential
structures are located across the alley to the south. There is a residential
structure and a church located immediately east. A commercial zoned
property is located immediately west, with residences further west across
Elm Street. There is a mixture of commercial and office uses across West
12th Street to the north.
The applicant, Black Community Developers, Inc., proposes to utilize the
existing duplex structure as a group home. The residential facility will
house participants in a substance abuse program. Each of the duplex
units has three (3) bedrooms. Up to six (6) adult women will reside in
each unit. The applicant notes that the participants are recovering from
substance abuse and have completed the first intensive 30-day phase of
treatment. There will be a senior client who will serve as a liaison
between the staff of the treatment program and the residents. The
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
2
applicant notes that there will be no classes or counseling services
provided on site. A copy of the center’s client handbook has been
provided and is attached for Commission Review.
The applicant also notes that the participants in the program will work
off-site. None of the participants will have automobiles. The program will
provide transportation until the resident is capable of securing a bus pass
or make other arrangements for transportation to work. The site is located
on CATA Bus Route #3 (Baptist Medical Center Route), which runs from
Downtown Little Rock to the I-430/Shackleford Road intersection.
Only minor repairs will be made to the existing residential structure. The
applicant notes that the facility will meet the requirements of the State of
Arkansas Department of Human Services Division of Alcohol, Drug and
Substance Abuse Services.
There is an entry light for each duplex, and existing street lights along
West 12th Street. The applicant is proposing no additional lighting. There
is also a standard chain link fence around the perimeter of the property.
There is no additional fencing proposed. As noted previously, none of the
clients will have their own vehicles. Therefore, no additional parking is
proposed. A small area of parking exists off the alley (existing carport
structure), which should be sufficient for a facility van or other similar
vehicles.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions for Group Home Facilities, as adopted by the Board of
Directors on September 6, 2005:
(4) family care facility, group care facility, group home, parolee or
probationer housing facility, rooming, lodging and boarding facility:
(a) Separation, spacing and procedural requirements for family
care facilities, group care facilities, group homes, parolee or probationer
housing facilities and rooming, lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood. Unless the commission
determines that a different area is more appropriate, a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500) feet of the site for which the permit is
requested.
(b) There shall be a presumption that a special use permit for a
group home of 5, 6, 7, or 8 handicapped persons will be granted if all
ordinance requirements are met, except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
3
or whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c) Issues that the planning commission will consider during its
review of a family care facility, group care facility, group home, parolee or
probationer housing facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to be served, the
number of employees proposed and the type of services being
proposed.
4. The need and provision for readily accessible public or quasi-
public transportation.
5. Access to needed support services such as social services
agencies, employment agencies and medical service providers.
6. Availability of adequate on-site parking.
(d) The fire marshal must approve the use of any structure
proposed as a family care facility, group care facility, group home, parolee
or probation housing facility or rooming, lodging and board facility.
(e) Family care facilities, group care facilities, group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
According to a an area survey, there is one (1) other similar use and three
(3) other types of residential facilities within 1,500 feet of the property.
Will’s House, a residential facility for recovery drug abusers is located at
1200 S. Valentine Street. The Missionaries of Charity House (a
residential facility for up to 11 homeless women) is located at 1002 S. Oak
Street. The Florence Crittenton Home (for up to 9 adolescents) is located
at 3600 West 11th Street. Elm Street Community facility (for low income
and handicapped persons) is located at West 17th and Elm Streets.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff believes this proposed group home facility will operate
in conformance with the provisions of Section 36-54 of the Zoning
Ordinance. The site is located on West 12th Street, which is classified as
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
4
a minor arterial by the City’s Master Street Plan. As noted previously, the
site is located on a major CATA bus route. The applicant submitted a
copy of the Bill of Assurance, which was recorded in 1869 and is not
legible. The Bill of Assurance likely included no use issues. Additionally,
the proposed group home facility will conform with Sections 8-406(a)
(minimum area per dwelling unit) and 8-406(b) (minimum area per
bedroom) of the City’s Buildings and Building Regulations Ordinance.
The dwelling units will total 900 square feet and 912 square feet. The
bedrooms range in size from 132 square feet to 240 square feet. Staff
believes the proposed group home will have no adverse impact on the
general area.
D. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004)
Don Wilson was present, representing the applicant. Staff presented the
item and requested additional information, including: a copy of the bill of
assurance; if there is to be an on-site manager; if other activities are to
occur on the site such as classes or counseling sessions; a copy of the
residents’ rules; a parking plan; fencing; site lighting; a transportation plan;
and whether occupants will work off site. Staff requested more
information on the nature of the occupants. Staff informed the Committee
that the item needed to be deferred to the December 16, 2004 since the
task force which is currently studying the issue of transitional housing has
not yet completed its work.
The applicant was advised to respond to staff issues by October 6, 2004.
The Committee then forwarded the item to the full Commission.
After the Subdivision Committee meeting the applicant provided staff with
the additional information as requested.
E. Staff Recommendation:
Staff recommends approval of the special use permit to allow a group
home at 4017/4019 West 12th Street, subject to the following conditions:
1. Compliance with the ordinance requirements as found in Section
36-54(e)(4) of the City’s Zoning Ordinance.
2. The group home is to have a maximum of 12 residents, six (6) per
dwelling unit.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
5
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposing Ordinance
changes, is not complete. This item needs to be deferred to the February 3,
2005 agenda to allow that process to continue.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the February 3, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. This application will be amended
to a Special Use Permit to comply with the ordinance changes. Staff
recommends that the item be deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the March 17, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
6
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at its February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the April 28, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 28, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the June 9, 2005 agenda to allow
further review of the issue of Transitional Housing.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the June 9, 2005 Agenda. There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The Planning Commission has continued to study the issue of Transitional
Housing and related issue. The matter was most recently discussed at the
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
7
Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff
believes it is appropriate to defer this application to the July 21 Commission
meeting as the ordinance review process continues.
PLANNING COMMISSION ACTION: (JUNE 9, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the July 21, 2005 Agenda. There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the July 21, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
Proposed ordinance amendments related to group homes and other transitional
living facilities are a separate item on the July 21, 2005 Agenda. As the
proposed amendments will directly affect this proposal, staff believes it is
appropriate to defer this item to the September 1, 2005 Agenda.
PLANNING COMMISSION ACTION: (JULY 21, 2005)
The applicants were not present. There were no objectors present. Staff
presented the item and recommended that the item be deferred to the
September 1, 2005 agenda. There was no further discussion. The item was
placed on the Consent Agenda and deferred to September 1, 2005 with a vote
of 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
On July 21, 2005, the Commission voted to recommend approval of the
Ordinance Amendments. The amendments were scheduled for the Board of
Directors’ September 6, 2005 Agenda. If the amendments are adopted, this
application will be amended to a special use permit. The item needs to be
deferred to the Commission’s October 13, 2005 agenda to allow time for the
Board to act on the proposed amendments.
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
8
PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005)
The applicants were not present. There were no objectors present. Staff
presented the item and recommended that the item be deferred to the
October 13, 2005 Agenda. There was no further discussion. The item was
placed on the Consent Agenda and deferred to October 13, 2005 with a vote of
11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
Staff is in the process of reviewing this Special Use Permit as per the new
ordinance requirements passed by the Board of Directors for Group Home
facilities on September 6, 2005. The applicant has not yet mailed the required
notices to surrounding property owners. Therefore, staff recommends this
application be deferred for one (1) additional cycle to allow time for the staff
review and the applicant to obtain an abstract list and notify surrounding property
owners. Staff recommends the item be deferred to the December 1, 2005
Agenda.
PLANNING COMMISSION ACTION: (OCTOBER 13, 2005)
Staff recommended this item be deferred to the December 1, 2005 Agenda to
allow the applicant additional time to send the required notices to surrounding
property owners and to allow staff time to review the application based on the
new ordinance standards for Group Home type uses.
The item was placed on the Consent Agenda and deferred. The vote was
11 ayes and 0 nays.
PLANNING COMMISSION ACTION: (DECEMBER 1, 2005)
Staff informed the Commission that the applicant failed to complete the required
notification of surrounding property owners. Staff recommended the application
be deferred to the January 19, 2006 Agenda.
The item was placed on the Consent Agenda and deferred to the January 19,
2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent.
January 19, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7725
9
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
Staff informed the Commission that the applicant failed to complete the required
notification of surrounding property owners. Staff recommended the application
be deferred to the March 2, 2006 Agenda.
The item was placed on the Consent Agenda and deferred to the March 2, 2006
Agenda. The vote was 10 ayes, 0 nays and 1 absent.
January 19, 2006
ITEM NO.: B FILE NO.: Z-7726
NAME: Victory Outreach Church Group Home –
Special Use Permit
LOCATION: 3401 West 12th Street
OWNER/APPLICANT: Victory Outreach Church/Deverick Green
PROPOSAL: A special use permit is requested to allow use of the
existing duplex on this R-4 zoned lot as a group home
facility for up to 11 men and an on-site manager.
A. Public Works Comments:
No Comments.
B. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Forest Hills, Hope, Pine to
Woodrow and Stephens Area Faith Neighborhood Associations were
notified of the public hearing.
C. Staff Analysis:
3401 West 12th Street is located at the southwest corner of West 12th and
Martin Streets. There is a one-story frame duplex structure located on the
property. There is a two-car wide driveway from Martin Street which
serves as access. A small storage shed is located in the rear yard. There
is a partially paved alley along the rear (south) property line.
The general area contains a mixture of zoning and uses. There are
residential structures located immediately west and south of the site, with
commercial zoned property at the intersection of West 12th and Valmar
Streets. Residential structures are also located across West 12th Street to
the north. There is a church facility located across Martin Street to the
east.
The applicant, Victory Outreach Church, proposes to utilize the existing
duplex structure as a group home. The residential facility will house
participants in a substance abuse program. The duplex contains a three-
bedroom unit which will house eleven (11) men. The second unit has two
(2) bedrooms and will be for the program director/manager. The applicant
notes that all classes and counseling will take place at the Victory
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
2
Outreach Church and not at this location. A copy of the facility’s rules and
responsibilities is attached for Planning Commission review.
The applicant also notes that the program’s participants will work off-site.
The participants will work at the church’s car wash or other businesses in
the city. The program will provide transportation for the residents. The
residents will not be allowed to have a vehicle. The site is located on
CATA Bus Route #3 (Baptist Medical Center Route), which runs from
Downtown Little Rock to the I-430/Shackleford Road Intersection.
The applicant notes that the program’s van and the director’s vehicle will
be the only vehicles on the site. The existing driveway from Martin Street
will allow sufficient parking space. The applicant also notes that no
additional lighting or fencing will be placed on the site. There is an
existing fence along the rear (south) property line.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions for Group Home Facilities, as adopted by the Board of
Directors on September 6, 2005:
(4) family care facility, group care facility, group home, parolee or
probationer housing facility, rooming, lodging and boarding facility:
(a) Separation, spacing and procedural requirements for family
care facilities, group care facilities, group homes, parolee or probationer
housing facilities and rooming, lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood. Unless the commission
determines that a different area is more appropriate, a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500) feet of the site for which the permit is
requested.
(b) There shall be a presumption that a special use permit for a
group home of 5, 6, 7, or 8 handicapped persons will be granted if all
ordinance requirements are met, except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c) Issues that the planning commission will consider during its
review of a family care facility, group care facility, group home, parolee or
probationer housing facility, or rooming, lodging and boarding facility
include, but are not limited to:
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
3
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to be served, the
number of employees proposed and the type of services being
proposed.
4. The need and provision for readily accessible public or quasi-
public transportation.
5. Access to needed support services such as social services
agencies, employment agencies and medical service providers.
6. Availability of adequate on-site parking.
(d) The fire marshal must approve the use of any structure
proposed as a family care facility, group care facility, group home, parolee
or probation housing facility or rooming, lodging and board facility.
(e) Family care facilities, group care facilities, group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
According to a an area survey, there is one (1) other similar use and two
(2) other types of residential facilities within 1,500 feet of the property.
Will’s House, a residential facility for recovery drug abusers is located at
1200 S. Valentine Street. The Missionaries of Charity House (a
residential facility for up to 11 homeless women) is located at 1002 S. Oak
Street. The Florence Crittenton Home (for up to 9 adolescents) is located
at 3600 West 11th Street.
Staff has made numerous attempts to contact the applicant to obtain
information regarding the area of the dwelling units and the individual
bedrooms. The applicant has not returned staff’s calls as of this writing.
Staff needs this additional information to determine if the proposed group
home conforms to Sections 8-406(a) and 8-406(b) of the City’s Buildings
and Building Regulation Ordinance. Therefore, Staff will recommend this
application be deferred.
D. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004)
The applicant, Deverick Green, was present. Staff presented the item
and requested additional information, including: greater details on the
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
4
living arrangement (number of people per unit and number of bedrooms);
a copy of the residents’ rules; a transportation plan; whether occupation
will work off site; a parking plan; whether any other activities will occur on
the site such as classes or considering sessions; site lighting and fencing.
Staff requested greater information on the nature of the occupants. Staff
informed the Committee meet the item needed to be deferred to the
December 16, 2004 meeting since the task force which is currently
studying the issue of transitional housing has not yet completed its work.
The applicant was advised to respond to staff issues by October 6, 2004.
The Committee then forwarded the item to the full Commission.
After the Subdivision Committee meeting, the applicant provided staff with
the additional information as requested.
E. Staff Recommendation:
Staff recommends the application be deferred to the January 19, 2006
Planning Commission agenda.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposed ordinance
changes, is not complete. This item needs to be deferral to the February 3, 2005
Agenda to allow that process to continue.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the February 3, 2005 Agenda.
There was no further discussion.
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
5
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. This application will be amended
to a Special Use Permit to comply with the ordinance changes. Staff
recommends that the item be deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the March 17, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at is February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the April 28, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 28, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
6
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the June 9, 2005 Agenda to allow
further review of the issue of transitional housing.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the June 9, 2005 Agenda. There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The Planning Commission has continued to study the issue of Transitional
Housing and related issues. The matter was most recently discussed at the
Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff
believes it is appropriate to defer this application to the July 21, 2005
Commission meeting as the ordinance review process continues.
PLANNING COMMISSION ACTION: (JUNE 9, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the July 21, 2005 Agenda. There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the July 21, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
Proposed ordinance amendments related to group homes and other transitional
living facilities are a separate item on the July 21, 2005 Agenda. As the
proposed amendments will directly affect this proposal, staff believes it is
appropriate to defer this item to the September 1, 2005 Agenda.
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
7
PLANNING COMMISSION ACTION: (JULY 21, 2005)
The applicants were not present. There were no objectors present. Staff
presented the item and recommended that the item be deferred to the
September 1, 2005 agenda. There was no further discussion. The item was
placed on the Consent Agenda and deferred to September 1, 2005 with a vote
of 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
On July 21, 2005, the Commission voted to recommend approval of the
Ordinance Amendments. The amendments were scheduled for the Board of
Directors’ September 6, 2005 Agenda. If the amendments are adopted, this
application will be amended to a special use permit. The item needs to be
deferred to the Commission’s October 13, 2005 agenda to allow time for the
Board to act on the proposed amendments.
PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005)
The applicants were not present. There were no objectors present. Staff
presented the item and recommended that the item be deferred to the
October 13, 2005 Agenda. There was no further discussion. The item was
placed on the Consent Agenda and deferred to October 13, 2005 with a vote
of 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
Staff is in the process of reviewing this Special Use Permit as per the new
ordinance requirements passed by the Board of Directors for Group Home
facilities on September 6, 2005. The applicant has not yet mailed the required
notices to surrounding property owners. Therefore, staff recommends this
application be deferred for one (1) additional cycle to allow time for the staff
review and the applicant to obtain an abstract list and notify surrounding property
owners. Staff recommends the item be deferred to the December 1, 2005
Agenda.
PLANNING COMMISSION ACTION: (OCTOBER 13, 2005)
Staff recommended this item be deferred to the December 1, 2005 Agenda to
allow the applicant additional time to send the required notices to surrounding
January 19, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7726
8
property owners and to allow staff time to review the application based on the
new ordinance standards for Group Home type uses.
The item was placed on the Consent Agenda and deferred. The vote was
11 ayes and 0 nays.
PLANNING COMMISSION ACTION: (DECEMBER 1, 2005)
Staff informed the Commission that the applicant failed to contact staff with
needed additional information. Staff recommended the application be deferred
to the January 19, 2006 Agenda.
The item was placed on the Consent Agenda and deferred to the January 19,
2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
Staff informed the Commission that the applicant notified staff by phone and
requested the application be withdrawn, noting they no longer occupied the
property. Staff supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn. The vote was
10 ayes, 0 nays and 1 absent.
January 19, 2006
ITEM NO.: C FILE NO.: Z-5224-J
NAME: Moonlight Fireworks – Conditional Use Permit
LOCATION: 7807 Highway 300
OWNER/APPLICANT: Charles Terry and Elizabeth Saugey/Stan Wilhite
PROPOSAL: A conditional use permit is requested to allow a
fireworks stand as a temporary seasonal use on this
1.28-acre tract. The property was rezoned from C-1
to PCD in early 2003. The applicant has indicated a
desire to revoke the PCD; to restore the previous C-1
zoning.
1. SITE LOCATION:
The property is located outside of the city limits but within the City’s
extraterritorial jurisdiction. The site is located at the northwest corner of
Highway 300 and Pinnacle Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at a small, commercial node at the intersection of
Hwy. 300 and Pinnacle Road. The area is rural in nature and is
characterized primarily by single family homes on large tracts. Existing,
neighborhood oriented commercial uses are located on the subject
property and across Hwy. 300 to the east. The property to the north was
recently approved for development by a church. Hwy. 300 is the principal
entryway to Pinnacle Mountain State Park. Due to the presence of nearby
single family residences, the limited neighborhood type of commercial
uses at the intersection and the scenic nature of the highway leading to
the park, staff does not feel the proposed use is compatible with the
neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Pinnacle Neighborhood
Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has three existing driveways; two off of Hwy. 300 and one off of
Pinnacle Road. The driveways access a paved parking lot. The
proposed fireworks tent is to be located off of the edge of the parking lot.
Uses in the existing buildings on the site have included antique sales and
January 19, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-5224-J
2
beauty salon. The existing parking area appears to be adequate to
support the existing uses and the proposed temporary sales use.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No comments on temporary fireworks sales.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Outside service boundary. No Comments.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection. Water service is not available from Central
Arkansas Water at this location.
Fire Department: Little Rock Fire Department does not approve of the
sale of fireworks.
County Planning: Approved as submitted.
CATA: The site is outside of the CATA service area.
SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005)
Mark Stodola was present, representing the application. Staff briefly described
the proposed conditional use permit. Staff noted that some additional
information (hours of operation, signage plan and number of employees) needed
to be provided by the applicant. Staff also noted that the applicant needed to file
a request to revoke the existing PCD zoning for the property, restoring the
previous C-1 zoning.
Staff noted that there were no other outstanding issues associated with the
requested conditional use permit. Mr. Stodola noted that the requested
information would be provided to staff.
January 19, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-5224-J
3
After the discussion, the Committee forwarded the application to the full
Commission for final action.
STAFF ANALYSIS:
The 1.2± acre tract located at the northwest corner of Hwy. 300 and Pinnacle
Road is currently occupied by several frame buildings and a parking lot. The
buildings have historically contained a variety of uses; including an antique store
and beauty salon. On March 4, 2003, the Board of Directors passed Ordinance
No. 18,831 which rezoned the site from C-1 to PCD. Under the PCD the
property owner proposed to redevelop the site with a 14,800 square foot building
and 50 parking spaces. C-1 uses and an auction house were the approved
uses. The new development has not occurred.
The applicant is requesting approval of a conditional use permit to allow for
seasonal placement of a fireworks tent on the site. The request is being made
under the property’s previous C-1 zoning. If the C.U.P. is approved, the property
owner will petition to have the PCD revoked and the previous C-1 zoning
reinstated. The tent is proposed to be located on the southern side of the
property, off of the parking lot. The proposed days and hours of operation are
from June 20 – July 10 each year, from 8:00 a.m. – 10:00 p.m. No permanent
signage is proposed. The applicant proposes to place a banner on the tent’s
façade. The business will generally employ 6 persons. There is no bill of
assurance for this unplatted, acreage tract.
Outside of the city limits, within the City’s extraterritorial jurisdiction, fireworks
sales are permitted as a seasonal and temporary sales activity on C-3 and C-4
zoned properties which permit retail sales not listed (enclosed). That use
requires a C.U.P. in the C-1 district.
Staff is not supportive of approving the C.U.P. to allow fireworks sales. The Little
Rock Fire Department does not approve of the sale of fire works. City Code
prohibits the possession, sale, manufacture or use of fireworks in the City except
in accordance with the fire prevention code. Staff does not believe it is
appropriate to approve under a special action (conditional use permit) a use that
could have a negative impact on the city since it is probable that fireworks sold at
this location could be brought into the City.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
January 19, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-5224-J
4
STAFF REPORT:
The applicant failed to respond to issues raised at the June 30, 2005 Subdivision
Committee meeting. Staff recommends that the item be deferred to the
September 1, 2005 Commission Agenda.
PLANNING COMMISSION ACTION: (JULY 21, 2005)
The applicants were not present. There were no objectors present. Staff
presented the item and recommended that the item be deferred to the
September 1, 2005 Agenda. There was no further discussion. The item was
placed on the Consent Agenda and deferred by a vote of 11 ayes, 0 noes and
0 absent.
STAFF REPORT:
On August 18, 2005, the applicant contacted staff and requested that the item be
deferred to the October 13, 2005 Commission meeting. The applicant has
submitted responses to the issues raised at the June 30, 2005 Subdivision
Committee meeting. Staff supports the deferral request.
PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005)
The applicants were not present. There were no objectors present. Staff
informed the Commission of the applicant’s deferral request. There was no
further discussion. The item was placed on the Consent Agenda and approved
for deferral to October 13, 2005. The vote was 11 ayes, 0 noes and 0 absent.
PLANNING COMMISSION ACTION: (OCTOBER 13, 2005)
Staff informed the Commission that the applicant requested the application be
deferred to the December 1, 2005 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred. The vote was
10 ayes and 1 nay.
With a vote of 10 ayes and 1 nay the Commission voted to waive their bylaws
and accept the request for a third deferral. Commissioner Floyd noted that he
was opposed to an additional deferral.
January 19, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-5224-J
5
PLANNING COMMISSION ACTION: (DECEMBER 1, 2005)
The applicant was present. There were no objectors present. Staff informed the
Commission that the applicant had not correctly followed the required notice
procedure; that the applicant had not used an abstract company to obtain the list
of property owners.
The applicant stated they wished to defer the item in order to do the notices
correctly.
Commissioner Meyer asked if the applicant proposed to operate around New
Years. The applicant responded that they only operate around the 4th of July
and would not operate around New Years.
Chairman Rahman stated this was the fourth deferral. He stated the
Commission would either hear the item or withdraw it at the next meeting.
In response to a question from Commission Taylor, the applicant again stated
they would not operate around New Years.
A motion was made to defer the item to the January 19, 2006 meeting. The
motion was approved by a vote of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that, on January 10, 2006, the applicant had requested that the
item be withdrawn. There was no further discussion.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
January 19, 2006
ITEM NO.: D FILE NO.: Z-7953
NAME: Akins Duplex – Conditional Use Permit
LOCATION: 3004 State Street
OWNER/APPLICANT: Travoris Akins
PROPOSAL: A conditional use permit is requested to allow for
construction of a duplex residence on this vacant,
R-3 zoned lot.
1. SITE LOCATION:
The lot is located on the west side of S. State Street; south of
West 30th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a neighborhood that is principally single family
in use. Although there likely are a few duplexes scattered around, none
were immediately evident to staff when site inspections were made.
Single family dwellings are adjacent to the north, south, east and west.
An area of R-4, two-family residential, zoning is located just to the east
and north. While staff believes a duplex use could be compatible with the
overall neighborhood, staff cannot support this specific proposal. The
design of the proposed structure, specifically the lack of front orientation
to the street, is not compatible with the neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the MLK,
Meadowbrook, MLK Neighborhood Enrichment Center and South End
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
Each unit of the duplex requires one on-site parking space. The applicant
proposes to construct a 36-foot wide parking pad in front of the duplex to
provide four parking spaces.
4. SCREENING AND BUFFERS:
No comments on this duplex residence.
January 19, 2006
ITEM NO.: D (Cont.) FILE NO.: Z-7953
2
5. PUBLIC WORKS COMMENTS:
1. State 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. Provide survey showing centerline of State Street.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
3. Obtain permits prior to doing any street cuts or curb cuts. Obtain
barricade permit prior to doing any work in the right-of-way. Contact
Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more
information.
4. Driveway width does not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The lots must share a
single driveway access centered on the property line. The width of
driveway must not exceed 36 feet.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comment received.
CenterPoint Energy: No Comment received.
Southwestern Bell: No Comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: No Comment received.
County Planning: No Comments.
CATA: A CATA bus route is located one block to the east and two blocks
to the north.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 3, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed on the proposed building. Staff stated the driveway
January 19, 2006
ITEM NO.: D (Cont.) FILE NO.: Z-7953
3
width needed to be reduced to no more than 36 feet. In response to a question
from staff, the applicant stated he was not proposing to install any fencing. The
applicant was instructed to provide a copy of the Subdivision’s bill of assurance.
Public Works and Utility Comments were presented and discussed.
The Committee urged the applicant to consider the design of the end of the
building, which faced the street; to be more compatible with the other homes in
the area.
After instructing the applicant to respond to staff issues by November 9, 2005,
the Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of a duplex
residence on this vacant, R-3 zoned lot. The proposed 64’ X 24’, one-story
structure is divided into two, 768 square foot (32’ X 24’) units. Each unit is to
contain two bedrooms, living room, kitchen and a single bath. The applicant
proposes to construct a 36 foot wide driveway off of State Street to provide
parking for 4 vehicles.
While staff is not necessarily opposed to the concept of allowing a duplex
residence on this lot, staff cannot support this particular proposal. It is staff’s
opinion that the proposed ranch style structure is not compatible with the
character of existing residences in the neighborhood. The structure is proposed
to sit on the lot so that the front entrance to each unit faces the side of the lot,
rather than the front. The units are designed to sit one behind the other on the
lot. Staff believes a structure that was designed to be more compatible with the
existing residences in the neighborhood would be more appropriate. It is more
typical in the area to have front porches and entrances facing the street. The
applicant has stated he will place shrubbery along the side of the structure facing
the street to help entrance the appearance of the site.
Staff also does not believe the proposed 36-foot wide driveway is compatible
with the neighborhood. Most lots in the area, if they have a driveway at all, have
only single wide driveways. A four-car wide parking pad gives the appearance
that the entire front yard is paved. Unfortunately, the alley behind the lot is
inaccessible.
The applicant has stated he was unable to obtain a copy of the bill of assurance
for Ebendale Addition. It is likely that the bill of assurance does not address use
issues, due to the age of the subdivision.
January 19, 2006
ITEM NO.: D (Cont.) FILE NO.: Z-7953
4
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (DECEMBER 1, 2005)
The applicant was present. There were no objectors present. One letter of
opposition had been received by staff and forwarded to the Commission. Staff
presented the item and a recommendation of denial.
Several commissioners commented that they supported the concept of a duplex
at this location but they could not support the specific design being proposed by
the applicant. It was suggested that the applicant work with staff to find a
construction style that would be a better fit for the neighborhood. The applicant
agreed.
A motion was made to defer the item to the January 19, 2006 meeting. The
motion was approved by a vote of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to submit a revised plan. Staff
recommended deferring the item to the March 2, 2006 meeting. There was no
further discussion.
The item was placed on the Consent Agenda and deferred to the March 2, 2006
Agenda. The vote was 10 ayes, 0 noes and 1 absent.
January 19, 2006
ITEM NO.: E FILE NO.: LU05-19-02
Name: Land Use Plan Amendment - Chenal Planning District
Location: South side of Cantrell Road at Norton Road
Request: Single Family to Commercial
Source: Troy D. Laha
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Single Family to
Commercial. The Commercial category includes a broad range of retail and
wholesale sales of products, personal and professional services, and general
business activities. Commercial activities vary in type and scale, depending on
the trade area that they serve. The applicant has applied for a rezoning to C-3
(General Commercial District) for future development. Staff is not expanding the
application since the Land Use Plan in this area has been reviewed several times
within the past year.
EXISTING LAND USE AND ZONING:
The application area is partly developed with four single-family homes on large
lots, currently zoned R-2 (Single Family District), and twelve acres ± in size.
Between Cantrell Road and part of the proposed area for change several parcels
of land zoned R-2 and developed with three single-family homes. Northeast of
the application is land zoned PDO (Planned Development Office) recently
developed with a Kids Academy daycare/learning center; a PCD (Planned
Commercial Development) developed with an auto sales lot/collision center in a
small building; R-2 land developed with a single family home; and Multiple PCDs
developed with La Palupa Mexican Restaurant, Action Window Coverings, a
foreign auto repair service, a drapery shop, and First Financial Computer
Services; and additional undeveloped O-3 land. North of the site, Valley Ranch
Drive intersects Cantrell Road. The west side of Valley Ranch Drive is
undeveloped and zoned O-1 (Quiet Office District) and the east side is zoned O-
3 (General Office District), mostly undeveloped, with the exception of one office
building. Immediately east of the application area are lands zoned R-2 with
homes on large lots. About a quarter mile southeast of the application is
undeveloped land zoned MF-12 (Multifamily District) that is undeveloped.
Immediately south and southwest of the application is land zoned R-2 and
developed with the Aberdeen Court subdivision consisting of single-family
homes on suburban lots. Immediately to the west is the Maywood Manor
Subdivision developed with single-family homes on large lots. Further west are
large tracts of land zoned R-2 and partly developed with single-family homes on
January 19, 2006
ITEM NO.: E (Cont.) FILE NO.: LU05-19-02
2
large lots. Northwest of the property is land zoned R-2 developed by a single
home on a large lot, and Little Rock Christian Academy.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On April 5, 2005 a multiple changes were made within a one-mile radius of the
property. Land less than a quarter mile west of the property and on the north and
south sides of Cantrell Road was changed to Public Institutional to represent
existing institutional uses. Approximately a half-mile west of the site along
Chenal Parkway near Northfield Drive (Chalamont Drive) and Cantrell Road,
changes were made to Commercial, and Suburban Office to recognize adjacent
land uses along Cantrell. About a mile west of the site changes were made to
Low Density Residential, Single Family and Suburban Office for future
development. Less than one half mile east of the site at Ranch Boulevard on the
north side of Cantrell Road changes were made to Commercial and Public
Institutional to reflect existing conditions.
On February 17, 2004 five parcels of land were changed in the area of Chenal
Parkway, and Highway 300 approximately one half to one mile northwest of the
application. This eliminated land shown as Single Family and added land shown
as Office, Commercial, Open Space, and Multifamily west of the property in
question. The reasons for this change were to accommodate future development
to create an orderly transition of use intensities between the Commercial and
Single Family areas.
On January 2, 2002 three changes were made to the Land Use Plan at three
locations in the area approximately three quarter miles west of the application.
All changes resulted in the loss of Single Family and resulted in the addition of
Commercial north and east of Northfield Drive (Chalamont Drive) and Chenal
Parkway, Suburban Office south and east of Northfield Drive (Chalamont Drive)
and Chenal Parkway including the first transmission line easement, and
Park/Open Space for the remainder of the land south and east of Northfield Drive
(Chalamont Drive) between Chenal Parkway and Aberdeen Subdivision.
On March 6, 2001 a change was made from Single Family to Commercial
approximately one half mile west of the application expanding an existing
Commercial area just east of the Chenal Parkway and Cantrell Road intersection
to accommodate future commercial development southwest of the application.
The property is shown as Single Family on the Plan. Surrounding this property
is shown as Single family on the south, east, west, and part of the northern
sides. North of the application on the north side of Cantrell Road is shown as
Suburban Office and Office. Further to the northeast is shown as an Existing
Business Node, which is separated from the application by a Single Family area.
This existing Business node straddles both sides of Cantrell Road east of the
application.
January 19, 2006
ITEM NO.: E (Cont.) FILE NO.: LU05-19-02
3
MASTER STREET PLAN:
Norton Road is shown as a Local Street on the Plan. The primary function of a
Local Street is to provide access to adjacent properties. Cantrell Road is shown
as a Principal Arterial and is built as a five-lane road adjacent to the property.
The primary function of a Principal Arterial is to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Cantrell Road since it is a Principal Arterial. Additional
commercial and office uses at this site could result in added congestion on this
section of Cantrell Road. Cantrell Road may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class II bikeway is shown on Cantrell Road from Chenonceau Boulevard to the
Chenal Parkway. A Class II bikeway is a route designated for the sole use of
bicycles but is physically connected to the roadway. Additional paving and right
of way may be required.
PARKS:
This application is in the West Little Rock Park Planning District. The Master
Parks Plan identifies a lack of public parks in the west Little Rock area and
recognizes private neighborhood parks and recreation facilities as parkland in the
west Little Rock area. The largest park in this area is Taylor Loop Park, which is
a thirty-five acre community park that is undeveloped and approximately three
miles west of the site. Since this application is adjacent to the Little Rock
Christian Academy and near several property owner association parks, the
recreation activities are available in the area and does not categorize it as being
in a service deficit area. The Parks and Recreation Master Plan does not
indicate any new proposed public parks for the area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
January 19, 2006
ITEM NO.: E (Cont.) FILE NO.: LU05-19-02
4
ANALYSIS:
The land use plan in this area was reviewed in late 2004 / early 2005 as part of
the Highway 10 Land Use Plan Review which resulted in 18 amendments to the
Land Use Plan along Cantrell Road between Morgan Cemetery Road and Black
Street. In the immediate area of the application no changes were made to the
single-family area because staff felt that Single Family development was
appropriate for this location. Single Family development at this location would be
in character with neighboring single-family development and new single-family
development that has occurred in the area. New single-family development in
the area is Cheveaux Court, Montagne Court, and Valley Falls Estates, and
several recent small subdivisions to the east. South of the property is Aberdeen
Court, which was constructed in the late 1990’s and to the west is Maywood
Manor. This has shown a desire for single-family growth along the south of
Cantrell Road. At the time of the review Staff felt it was appropriate that the area
remain Single Family to reflect the close proximity of two adjacent residential
subdivisions.
Currently this site is located in a rural area along Cantrell Road in a county island
completely surrounded by the city of Little Rock. Before the arrival of the nearby
city limits, properties northeast of this area developed with small commercial
buildings in a pattern consistent with the once rural highway. When the land was
added to the city’s Extraterritorial Land Use and Zoning area, these once rural
uses were shown as an Existing Business Node intending to recognize that there
was a significant concentration of commercial business at the location. These
uses generally are not in compliance with the Highway 10 Overlay District
requirements and have various setbacks and building styles that make it unique
to the area. A Planned Office Development for a “Kids Place” Daycare has
been recently developed between this property and the Existing Business Node.
This light office use could provide a transition from the Existing Business Node
and the Single Family area.
To the east of the property is Patrick Country Road which represents a border
between the Existing Business Node and a large Commercial area know as the
“The Ranch” development which represents a large commercial and office area.
This has established the Ranch area as a major Commercial Node in the area.
Currently parts of the Commercial area remain undeveloped.
West of the application is another Commercial Node at the intersection of Chenal
Parkway and Cantrell Road. This Commercial area represents approximately
100 acres of land shown and is just under half developed. Recent development
of a Wal-Mart Supercenter may serve as a catalyst for additional Commercial
development at the Chenal Parkway / Cantrell Road Commercial Node.
January 19, 2006
ITEM NO.: E (Cont.) FILE NO.: LU05-19-02
5
Both of the previously mentioned Commercial Nodes are located at the
intersections of Arterials. Typically staff feels that locations of intense uses
should be located at intersections to prevent strip development patterns and to
minimize negative effects on arterials. This change to Commercial could allow
for high intensity Commercial use in between two large commercial nodes.
Already in the area some commercial businesses exist in the existing business
node. All of these businesses are zoned through the Planned Zoning District,
which results in more control in use and design. The addition of a Commercial
area west of this area could allow for straight zoning in the area resulting in
undesirable development along Cantrell Road and adjacent to two single-family
subdivisions. Since both of the nearby Commercial Nodes have not developed
completely any addition of Commercial to the area could be considered
premature. This change would also add to strip commercial development along
Cantrell Road through this section.
Addition of Commercial at this location would introduce the potential of non-
residential activities adjacent to new, potential, and established residential areas.
Since new subdivisions have been platted and constructed in recent years, and
the future plan has indicated Single Family development for that property, the
change may have a negative impact on the surrounding area. Southeast of the
site is undeveloped land shown as Multifamily that is intended to provide the
buffer from Commercial and Suburban Office areas located at Chenonceau
Boulevard. This Commercial addition would result in adjacent land uses with no
buffer between.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Hillsborough
Property Owners Association, Du Quesne Place P.O.A., Chenal Ridge Property,
St. Charles Community Association, Johnson Ranch Neighborhood Association,
Maywood Manor Neighborhood Association, Aberdeen Court Property Owners
Association, Hunters Cove Property Owners Association, Carriage Creek
Property Owners Association, Bayonne Place Property Owners Association,
Eagle Pointe Property Owners Association, Glen Eagles Property Owners
Association, Hunters Green Property Owners Association, Margeaux Place
Property Owners Association, Pinnacle Neighborhood Association, and the River
Valley Property Owners Association.
Staff has received comments from the Aberdeen Court Property Owners’
Association, which is adjacent to the application area. The property owners
association represents Aberdeen Court’s 198 homeowners and opposes this
change.
January 19, 2006
ITEM NO.: E (Cont.) FILE NO.: LU05-19-02
6
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate because it would result in
commercial in close proximity to residential subdivisions, could lead to strip
commercial development along Cantrell Road, an adequate Commercial space is
located at two commercial nodes east and west of the site.
PLANNING COMMISSION ACTION: (JULY 21, 2005)
The Item was placed on consent agenda for deferral to September 1, 2005. By
a vote of 11 yes and 0 no the consent agenda was approved.
STAFF UPDATE:
Staff has contacted the applicant regarding the application. The applicant has
indicated that they plan on deferring the application to a later date. At the time of
printing the applicant had not indicated what date they would like to defer the
item to. The application remains unchanged and staff is supportive of a deferral
request.
PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005)
The item was placed on the consent agenda for deferral to the October 13, 2005
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
Staff has contacted the applicant regarding the application. The applicant has
requested the application be deferred to the January 19, 2006 hearing. The
application remains unchanged and staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (OCTOBER 13, 2005)
This item was placed on the consent agenda for deferral to January 19, 2006.
By a vote of 11 for, 0 against the consent agenda was approved as
recommended.
January 19, 2006
ITEM NO.: E (Cont.) FILE NO.: LU05-19-02
7
STAFF UPDATE:
There has been no contact from the applicant. No new information on this item,
Staff recommendation remains the same.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
Walter Malone, Planning Staff, review the Land Use Plan in the area of the
application. There has been development in the area, commercial, office and
residential. There is existing vacant land to the east and wet for commercial.
Staff has concerns about lining Cantrell Road with commercial use and the
impacts that may have on the arterial roadway. There are existing single-family
subdivisions adjacent to the application to the west and south. The possible
uses with the Commercial use change could result in undesirable uses adjacent
to existing homes. No need has been shown to increase the amount of
Commercial in the area. Staff does not recommend the change. Mr. Malone
turned the presentation over to Monte Moore to address the re-zoning request to
C-3 General Commercial. See item E.1 for a complete review of the discussion
of this item.
The applicant was not present. A motion was made to approve the item, after
discussion with the City attorney the motion was withdrawn. After hearing from
the opposition a motion was made to approve the application. By a vote of 0 for
10 against and one recusal the item failed.
January 19, 2006
ITEM NO.: E.1 FILE NO.: Z-7880
Owner: Paul and Mary Debusk, William and Ruth
Eldridge, Mark and Kimberly Allen, David and
Sonya McFatrich
Applicant: Troy D. Laha
Location: 6, 12, 14 and 17 Norton Road
Area: 11.7 Acres
Request: Rezone from R-2 to C-3
Purpose: Future Commercial Development
Existing Use: Single Family Residential (4 residences)
SURROUNDING LAND USE AND ZONING
North – Mixed uses and undeveloped property; zoned O-1, O-3, PCD
and R-2
South – Single family residences; zoned R-2
East – Single family residences and mixed commercial uses along
Cantrell Road, zoned R-2, PD-O and PCD
West – Single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
3. A grading permit in accordance with section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
January 19, 2006
ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #25 (Highway 10 Express
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 Maywood Manor and
Aberdeen Court Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family for this property. The applicant has applied
for a zoning change from R-2 (Single Family District) to C-3 (General
Commercial District) for speculative zoning. A land use plan amendment
for a change to Commercial is a separate item on this agenda
(LU05-19-02).
Master Street Plan:
Norton Road is shown as a Local Street on the Plan. The primary function
of a Local Street is to provide access to adjacent properties. Cantrell
Road is shown as a Principal Arterial and is built as a five-lane road
adjacent to the property. The primary function of a Principal Arterial is to
serve through traffic and to connect major traffic generators or activity
centers within urbanized areas. Entrances and exists should be limited to
minimize negative effects of traffic and pedestrians on Cantrell Road since
it is a Principal Arterial. Additional commercial and office uses at this site
could result in added congestion on this section of Cantrell Road. Cantrell
Road may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class II bikeway is shown on Cantrell Road from Chenonceau
Boulevard to the Chenal Parkway. A Class II bikeway is a route
designated for the sole use of bicycles but is physically connected to the
roadway. Additional paving and right-of-way may be required.
January 19, 2006
ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880
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.
E. STAFF ANALYSIS:
The Debusk, Eldridge, Allen and McFatrich families, owners of the 11.7
Acres of property located at 6, 12, 14 and 17 Norton Road, are requesting
to rezone the property from “R-2” Single Family Residential to “C-3”
General Commercial District. The rezoning is proposed for future
commercial development of the property.
There are currently four (4) single family residences located within the
boundary of the 11.7 Acre property. A portion of the property at the
southwest corner of Cantrell Road and Norton Road is undeveloped.
There are existing single family residential neighborhoods located
immediately west and south of the property. There are single family
residences on large lots located to the east. A day care center and
restaurant are located to the east, along the south side of Cantrell Road.
There is a mixture of commercial uses and undeveloped office zoned
property to the north and northeast, along the north side of Cantrell Road.
The City’s Future Land Use Plan designates this property as Single
Family. A proposed Land Use Plan Amendment (LU05-19-02) for a
change to commercial is a separate item on this agenda (Item 8).
Staff is not supportive of the requested C-3 zoning nor the Land Use Plan
Amendment to Commercial. Staff believes the rezoning of this property to
C-3 is inappropriate. Staff has concerns with locating C-3 zoned property
over 1,000 feet back from Cantrell Road and adjacent to single family
residences on three (3) sides (east, west and south). The property is
currently divided into four (4) tracts. The rear three (3) tracts (12, 14 and
17 Norton Road) are located over 300 feet back from Cantrell Road, and
therefore would not have to conform to the Highway 10 Design Overlay
Standards, including increased buffers and building setbacks, if developed
separately. There are existing major commercial nodes to the east and
west of this site, at the intersection of Cantrell Road and Chenal Parkway,
and in the Ranch development. There are large areas of commercial
zoning within these commercial nodes which are currently undeveloped.
Therefore, staff views the addition of commercial zoning to the overall
area as premature. Staff believes the requested C-3 zoning would have a
January 19, 2006
ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880
4
negative impact on and not be compatible with the existing single family
neighborhoods to the east, west and south.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (JULY 21, 2005)
Staff informed the Commission that the applicant requested the application be
deferred to the September 1, 2005 Agenda. Staff supported the deferral
request.
With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws
and accept the deferral request being less than five (5) days prior to the public
hearing.
The item was placed on the Consent Agenda and deferred. The vote was
11 ayes and 0 nays.
PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005)
Staff informed the Commission that the applicant requested the application be
deferred to the October 13, 2005 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred. The vote was
11 ayes and 0 nays.
PLANNING COMMISSION ACTION: (OCTOBER 13, 2005)
Staff informed the Commission that the applicant requested the application be
deferred to the January 19, 2006 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred. The vote was
11 ayes and 0 nays.
With a vote of 11 ayes and 0 nays the Commission voted to waive their bylaws
and accept the request for a third deferral.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was not present. There were numerous persons present in
opposition. Staff presented the item with a recommendation of denial.
January 19, 2006
ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880
5
Alicia Finch addressed the Commission in opposition. She explained that there
is no need for additional commercial zoning in the area. She described the area
and the property proposed for rezoning.
There was a brief discussion regarding deferring the application based on the
fact the applicant was not present. It was decided to continue with the public
hearing.
Mary Dornhoffer also addressed the Commission in opposition. She explained
that the proposed rezoning deviated from the Highway 10 Overlay Plan.
Wil Rauch also spoke in opposition. He expressed opposition to the C-3
rezoning adjacent to single-family residential property.
Edward Oglesby also spoke in opposition. He explained that the rezoning
request represented bad planning. He stated that the proposal did not conform
to the Highway 10 Overlay District. He also expressed concerns with drainage
issues associated with the property.
Robert Wilimzig also spoke in opposition. He expressed the same concerns as
previous speakers. He noted that there was available undeveloped office and
commercial zoned property in the area.
Paul Wood also spoke in opposition. He requested denial of the application and
expressed the same concerns as previous speakers.
Kevin Heifner also spoke in opposition. He stated that the future plan for the
area should be followed.
Ruth Bell, League of Women's Voters, also addressed the Commission in
opposition, expressing similar concerns as previous speakers.
There was a motion to approve the application as filed. The motion failed by a
vote of 0 ayes, 10 nays and 1 recusal (Laha). The application was denied.
January 19, 2006
ITEM NO.: F FILE NO.: Z-4765-B
NAME: West Highlands Zoning Site Plan Review
LOCATION: East of Autumn Road on Lots 7R, 9 and 10 of West Highlands Subdivision
DEVELOPER:
Colliers Dickson Flake Partners, Inc.
P.O. Box 3456
Little Rock, AR 72203
ENGINEER:
Cromwell Architects Engineers
101 S. Spring Street
Little Rock, AR 72201
AREA: 8+ acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-2, Office and Institutional District, with conditions
PLANNING DISTRICT: 11 – I-430
CENSUS TRACT: 24.04
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The site was zoned O-2, Office and Institutional District on February 3, 1987, by the
adoption of Ordinance No. 15,240. The rezoning placed conditions on the approval. A
50-foot open space buffer was required along the northern and eastern perimeters of
the site. The zoning also placed a condition on the site that the building height was to
be limited to the O-3, General Office District building height.
A. PROPOSAL/REQUEST:
The applicant is proposing the construction of a 60,000 square foot, three story
medical office building, surgery center/clinic building. The building is to be
located in the center of the site with terraced parking lots with a capacity of 250
cars arranged on both sides of the building, with on-grade access to the first and
second floors. The applicant has indicated the topography of the site will be
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
2
utilized giving the appearance of a two (2) story building from the south side and
a three (3) story building from the north side. Two curb cuts on Autumn Road
are proposed.
The specific development criteria include 5.92 acres of net buildable area with
the remainder in landscape buffer and building setbacks. The site is steep, with
an average slope down from south to north of thirteen (13) percent. A drainage
ditch occurs along the north edge of the property, and a deep swale occurs at
the northeast corner of the site. The site is nicely forested with medium sized
pine and hardwood trees. The trees appear to be second growth. The trees will
be saved around the perimeter of the site. Only a few trees will be saved on the
interior due to grading requirements for construction of the parking lot and
building pad.
B. EXISTING CONDITIONS:
The site is tree-covered with steep slopes. A drainage ditch occurs along the
north edge of the property, and a deep swale occurs at the northeast corner of
the site. The site is nicely forested with medium sized pine and hardwood trees.
Autumn Road, adjacent to the site, has not been constructed to Master Street
Plan standard.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All property owners located within 200-feet of the site along with the
Birchwood Neighborhood Association were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Autumn Road is classified on the Master Street Plan as a collector street. A
dedication of right-of-way 30 feet from centerline will be required.
2. With site development, provide the design of the street conforming to the
Master Street Plan. Construct one-half street improvement to the street
including 5-foot sidewalks with the planned development.
3. 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) 379-1817 (Derrick Bergfield).
4. A Sketch Grading and Drainage Plan will be required per Section 29-186
(e). Show slopes, elevations, and retaining wall locations.
5. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36 feet. The north driveway should be moved north to a
distance of 250 feet from south driveway.
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
3
6. Interior traffic circulation drives should be altered to modify 4-way
intersection into a 3-way intersection at north drive location. Contract Bill
Henry, Traffic Engineering, at 379-1816 for further assistance.
7. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved prior to
the start of construction.
8. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
9. Hauling of fill material on or off site over municipal streets and roads
requires approval prior to a grading permit being issued. Contact Public
Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick
Bergfield) for more information.
10. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available, not adversely affected.
Entergy: No comment received.
Center-Point Energy: No comment received.
SBC: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the
time of request for water service must be met. A looped water main extension
may be required in order to provide adequate service to this property. Some or all
of the facilities on-site may be private. When meters are planned off private lines,
private facilities shall be installed to Central Arkansas Water's material and
construction specifications and installation will be inspected by an engineer,
licensed to practice in the State of Arkansas. Execution of Customer Owned Line
Agreement is required. Please submit four copies of the plans for the fire
protection system to Central Arkansas Water for review. Contact Central
Arkansas Water regarding procedures for installation of fire service. Approval of
plans by the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required. Fire sprinkler systems which do not contain
additives such as antifreeze shall be isolated with a double detector check valve
assembly. If additives are used, a reduced pressure zone backflow preventer
shall be required. This development will have minor impact on the existing water
distribution system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Fire Department: Place hydrants per code. Contact the Little Rock Fire
Department at 918-3700 for additional information.
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
4
County Planning: No comment.
CATA: The site is located near CATA Bus Route #5 – West Markham CATA
Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: Compliance with the City’s Landscape and Buffer Ordinances is
required.
Areas set aside for buffers and landscape appear to meet with ordinance
requirements.
A controlled automatic irrigation system is required.
Prior to the issuance of a building permit, it will be necessary to provide
landscape plans stamped with the seal of a Registered 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.
G. SUBDIVISION COMMITTEE COMMENT: (December 8, 2005)
The applicant was present representing the request. Staff presented an
overview of the proposed development indicating there were additional items
necessary to complete the review process. Staff requested the applicant provide
the total number of doctors to staff the facility. Staff also requested the applicant
provide the location and area of any proposed signage.
Public Works comments were addressed. Staff stated the development would
classify Autumn Road as a commercial street. Staff stated a dedication of right-
of-way 30-feet from centerline would be required. Staff also stated the indicated
driveways did not meet access and circulation requirements of Section 30-43 or
31-210. Staff requested the north driveway be moved to the north a distance of
250-feet from the southern driveway. Staff also requested the interior circulation
drives be altered to revise the indicated 4-way intersection into a 3-way
intersection at the north drive location. Staff stated the storm water detention
ordinance would apply to the proposed development of the site. Staff also stated
any grading of the site would require permitting prior to any land clearing.
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
5
Landscaping comments were addressed. Staff stated compliance with the City’s
landscape and buffer ordinances was required. Staff also stated the indicated
areas set aside for buffers appeared to meet minimum ordinance requirements.
Staff stated an automatic irrigation system would be required to water
landscaped areas and landscape plans would require the seal of a registered
landscape architect prior to a building permit being issued.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing the issues raised
at the December 8, 2005, Subdivision Committee meeting. The revised site plan
indicates a single ground mounted sign consistent with signage allowed in office
zones or a maximum of six (6) feet in height and ten (10) feet in length for a total
of sixty (60) square feet in area. The site plan has been revised to address
staff’s concerns related to the driveway locations and the intersection of the
northern drive. A three (3)-way intersection has been provided to limit traffic
conflicts within the site.
A total of thirty-five (35) doctors will staff the facility. The site plan includes the
placement of 250 parking spaces. The ordinance typically requires the
placement of six (6) parking spaces per doctor or would typically require the
placement of 210 parking spaces. Based on the typical minimum parking
required for a medical facility, the indicated parking is more than adequate to
serve the development.
The site plan indicates a maximum building height of sixty (60) feet. The
previous condition placed on the zoning allowed for a building height not to
exceed building heights as allowed in O-3, General Office District. Per the
Zoning Ordinance (Section 36-281(c) – Height regulations.) “No building
hereafter erected or structurally altered shall exceed a height at the required
front, side or rear yard setback lines of forty-five (45) feet; provided, however,
that above the height permitted at said yard lines, one (1) foot may be added to
the height of the building for each foot that the building or portion thereof is set
back from the required yard lines. In no instance shall the maximum building
height of the building exceed sixty (60) feet.” As proposed, the building height
complies with the approved zoning.
As a condition of the approved zoning, a fifty (50) foot undisturbed buffer was
required along the northern and eastern perimeters of the site where adjacent to
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
6
single-family homes. The site plan includes the placement of this required fifty
(50) foot buffer.
The site plan includes retaining approximately two (2) acres as landscape and
buffer areas. Approximately 1.35 acres has been retained as the required buffer
areas with the remaining .65 acres being set aside as on-site landscaping. The
existing topography will be utilized to the maximum extent possible allowing for
fewer cuts and fills on the site thus allowing additional landscaped areas. All
parking lots indicate landscape per current ordinance requirements and the
perimeters of the site indicate additional landscaping. The total site development
includes building coverage of 5.7 percent. The total developed area is
75 percent and 25 percent will be retained as landscaped and buffer areas.
Staff is supportive of the applicant’s request. The request is for the placement of
a three story medical office building on this eight (8) acre site currently zoned
O-2, Office and Institutional District. The proposed site plan indicates the
placement of ingress and egress, internal circulation, pedestrian ways that are
sensitive to safety, convenience and separation of vehicular and pedestrian
traffic which are consistent with ordinance requirements. The site plan also
includes the siting of the building and the compatibility of the proposed
development with the adjacent land uses and the placement of landscaping and
buffering consistent with ordinance requirements. The applicant has indicated
existing trees on the site will be retained, where possible, to provide screening,
open space and buffering and to allow separation between the homes located to
the north and east of the site. The site plan indicates a building height consistent
with ordinance requirements and building coverage less than the maximum
coverage allowed per the existing zoning. To staff’s knowledge, there are no
outstanding issues associated with the proposed request. The proposed site
plan appears to fully comply with the development criteria as outlined in the
Zoning Ordinance - Section 36-126 and the previously imposed conditions.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the above
agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 5, 2006)
The applicant was present representing the request. There were registered objectors
present. Staff stated they had received a written request from the Birchwood
Neighborhood Association requesting a deferral of the item.
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
7
Ms. Tracey Kersey, President of the Birchwood Neighborhood Association, stated the
residents of the area had a number of questions related to the proposed development.
She stated the residents were unsure as to their support of opposition to the request
since the developers had not met with the residents.
There was a general discussion concerning the deferral request. The applicant stated
the site was under contract and delays would be costly. Staff stated the proposal
originally included two requests which would take a Board of Directors action. Staff
stated this was no longer the case and the two week deferral would not extend the time
frame for approval beyond the previously indicated dates staff gave to the applicant for
potential Board of Directors action.
Commissioner Rector stated the request was a site plan review and the use of the
property was not a concern. He stated the deferral to the January 19th meeting to allow
the residents additional time to meet with the developers and address their concerns
with the proposed development would not change the use of the property or the
requirements of the development with regard to the zoning ordinance minimum
standards.
There was no further discussion of the item. The chair entertained a motion for deferral
of the item to the January 19, 2006, Public Hearing. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present representing the request. There were registered objectors
present. Staff presented the item with a recommendation of approval.
Ms. Melanie Gibson addressed the Commission as the applicant. She stated the
developers were meeting the minimum requirements of the ordinance for O-2 zoned
property. She stated the developers were also committed to screening the site from the
adjoining residentially zoned properties. She stated as a commitment made at the
neighborhood meeting the developers would install additional evergreen trees along the
eastern perimeter to further screen the adjoining properties.
Ms. Tracey Kersey, President, Birchwood Neighborhood Association, addressed the
Commission with concerns. She stated the neighborhood was requesting a few
additional items to protect the neighborhood. She stated the neighborhood was
requesting the placement of a wood fence along the northern edge of the parking area.
She stated if the screen was placed adjacent to the northern property line the residents
would not be protected. She stated site was somewhat higher than the adjoining
homes. She stated with the elevation change if the screen was not placed adjacent to
the parking area no protection would be gained.
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
8
Ms. Kersey also requested the applicant provide dense evergreen plantings along the
eastern perimeter of the site. She requested the developers plant the evergreen trees
along the eastern perimeter soon after the sale was finalized to allow the trees
additional growing time.
Ms. Kersey requested the developers be required to install an oil and grease trap on
their storm water detention. She stated there were many residents who gardened in the
area and consumed the vegetables harvested. She stated with the large amount of
asphalt there were health concerns from the run-off and contaminants to the soil. She
stated the neighborhood had a number of other concerns but she was working with
individual departments and agencies to address some of these concerns.
Mr. Sky Brower addressed the Commission with concerns. He stated he had lived in
the area for three years and was satisfied with the neighborhood. He stated even
though the area was surrounded by commercial activities the neighborhood was a quiet
peaceful area. He stated the buffer provided was not a dense buffer. He stated when
he bought his home he was told the area would not be developed but now understood
this was not true. He stated his desire was for the property to become a park but was
aware this would not take place. He stated a medical office building was not the worst
development that could occur on the site. He stated privacy was a concern and
cut-through traffic. He stated the environmental concerns were also on the minds of the
residents. He stated he wanted the Commission to make an effort to take care and
protect the residents of the area.
Mr. Floyd Boyd addressed the Commission with concerns. He stated he had lived in
the area 35 plus years and he felt the site plan was acceptable. He stated traffic and
drainage were always concerns of the residents. He stated as development occurred in
the area flooding had occurred. He stated the City had purchased two homes as a
result of flooding within the neighborhood. He stated there were only two hours per day
the residents of the neighborhood could get out safely because of the volume of traffic
in the area.
There was a general discussion concerning the installation of the oil and grease filter
and the cost of the filter. Staff stated the site would discharge on the northern property
line and the City regulated storm water run-off. Staff sated the city did require
separators on wastewater collection but not on storm water. Staff stated the City’s
water quality was monitored and no past reports had indicated there was a concern with
run-off related to oil and grease. Staff stated there were permits that would be required
prior to development. Staff stated the entire development would be monitored to
ensure compliance with state and federal requirements for both development and
discharge.
Mr. George Tomes addressed the Commission as a representative of the applicant. He
stated he had researched the cost of separators and the cost was significant. He
January 19, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4765-B
9
stated the cost ranged from $10,000 to $15,000 per inlet. He stated there were other
options that could be pursued. He stated the request was not an ordinance
requirement.
The Commission discussed the ordinance requirements verses environmental benefits.
The Commission indicated to the applicant they were aware the request was not an
ordinance requirement but questioned the developers if they would be willing to review
options concerning the placement of an oil and grease separator. The applicant stated
they were willing to look at the possibility of placing the oil and grease filter at the end of
the storm water detention prior to release.
Mr. Gene Levy addressed the Commission as a representative of the applicant. He
stated the developers were providing a buffer as required by the previous approval. He
stated the development would be screened per ordinance requirements. He stated the
evergreen trees would be placed in areas to screen the parking lot and building.
There was a general discussion concerning the proposed species and the placement of
the evergreen plantings. Staff stated the species provided would be a type, which did
provide the year around protection of the neighborhood as required by the ordinance.
There was once again a discussion concerning the oil and grease separator.
Commissioner Adcock stated she was very interested in the topic and felt the City
should do more to protect the waterways. She requested staff work with Ms. Kersey
and stated she wanted to be involved in the process of defining additional requirements
for future developments.
There was also a general discussion concerning the drainage of the area and the
routine maintenance of the ditch, which bisected this site. Staff stated the ditch was
periodically cleaned but there was not a set schedule. Staff stated if the property
owners would contact the City a work order would be created to clear the ditch.
Staff suggested the applicant work with Audubon for the placement of the oil and
grease filter. Ms. Gibson stated the developers were willing to contact Audubon and
receive their suggestions. She stated the developers would treat Audubon as any other
consultant but would not allow them to drive or dictate the development.
A motion was made to approve the request amended. The amendments included the
placement of evergreen plantings along the eastern perimeter and along the northern
perimeter, to receive comment from Audubon concerning potential environmental
friendly development options for the site and review the placement of a filtration system
on the site related to storm water run-off. The motion was approved by a vote of
11 ayes, 0 noes and 0 absent.
January 19, 2006
ITEM NO.: 1 FILE NO.: LU06-08-01
Name: Land Use Plan Amendment - Central City Planning District
Location: Between 9th Street and Daisy Bates Drive, between Schiller
and Wolf Streets
Request: Single Family and Low Density Residential to Public Institutional
Source: Brian Tinnel, McClelland Engineers
PROPOSAL / REQUEST:
Land Use Plan amendment in the Central City Planning District from Single
Family and Low Density Residential to Public Institutional. Public Institutional
represents services of a public or quasi-public nature that provides services to
the community such as schools, libraries, churches and hospitals. A rezoning
request has been filed to reclassify land to ‘O-2’ Office and Institution Use by
Children’s Hospital as part of their campus planning effort.
Staff is not expanding the application, since the Land Use Plan in this area was
reviewed less than six months ago.
EXISTING LAND USE AND ZONING:
There are separate two areas involved. One is northwest of Summit and 10th
Street, it is occupied with single-family homes with a zoning of ‘R-3’ Single
Family and is one-acre ± in size. The second is zoned a mix of ‘R-4’ Two-family
Residential and ‘R-5’ Urban Residential but is vacant land just under one acre in
size. Most of the land to the east is zoned ‘O-2’ Office and Institutional. It is
Children’s Hospital and related offices and research facilities. North of the
application areas is the State Capitol and office complex. This area is either not
zoned or is within the Capital Zoning District not within Little Rock’s zoning
authority. To the east is a mix of ‘R-3’ and ‘R-4’ zoned land with some homes, a
few duplexes and vacant lots. This is a small area no more that 3 blocks square.
There is an area of Industrial zoning (‘I-2’ Light Industrial) along the railroad
tracks to its east with some industrial uses--warehouse. To the south is a single-
family neighborhood with a mix of ‘R-3’ and ‘R-4’ zoning.
January 19, 2006
ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01
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FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On January 4, 2000, a change was made from Single Family to Mixed Use at
2311 Spring to the southeast of the application area to accommodate a
proposed development.
On March 19, 2002, several changes from Public Institutional, Mixed Office
Commercial, Mixed Use and Single Family to Public Institutional and Mixed
Office Commercial and Public Institutional to Multifamily were made in the area
between Daisy Gatson Bates Drive – I-630 and Schiller to Bishop. This was
done to better reflect the Children’s Hospital campus plan and surrounding uses.
October 4, 2005, several changes were made from Single Family, Mixed Use,
Mixed Office Commercial and Industrial to Single Family, Low Density
Residential, Mixed Use Public Institutional, Commercial and Light Industrial.
These changes were made to more accurately reflect the existing and probable
future development pattern of the area.
The northwest amendment area is shown for Single Family. The southeast
amendment area is shown for Low Density Residential. The Plan shows these
two areas to be adjacent to a large area of Public Institutional and Mixed Office
Commercial Use, which covers the area to Martin Luther King Drive. This is for
the Children’s Hospital and related office and research facilities. To the south is
a large Single Family area with a smaller Single Family area to the west. Across
Interstate 630 is a large Public Institutional area for the State complex.
MASTER STREET PLAN:
12th Street is shown as a Minor Arterial on the plan. Minor Arterials primary
function is to move traffic and goods in and through the urban area, not to
provide access to adjacent property. The other sides in the application areas are
local streets, which are designed to provide access to adjacent property.
Additional right-of-way or street widening may be required due to intensification
of the property use from the single family they were original built to handle.
BICYCLE PLAN:
There are no designated bicycle routes adjacent to the Plan change area,
however there are Class II bike routes along Martin Luther King Drive and Daisy
Gatson Bates Drive in the vicinity. Class II Bike routes have a portion of the
paved roadway dedicated for the sole use of bicycles. No additional paving or
right-of-way is proposed for the routes.
January 19, 2006
ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01
3
PARKS:
The Little Rock Parks and Recreation Master Plan shows this area to be within
8-blocks of a park or open space. Centennial Park is to the southeast of the
application area. Ninth Street Park is to the east and Fletcher Park is to the
west. All three of these parks are classified as Mini-parks (under 5 acres) by the
Plan.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The application under consideration is two half-city blocks four blocks apart. The
northwest application area is totally surrounded by land shown for Public
Institutional use as part of Children’s Hospital future campus. Currently much of
this land has been cleared by the hospital and turned into parking lots. During
the 2002 Land Use review Staff proposed this property for Public Institutional. At
the public hearing the property owner asked that the half block along Summit
from Maryland to 10th Street not be changed. The Commission amended the
package to not change the land use designation for the property.
The property all around this application area was at that time and is currently
owned by Children’s Hospital and shown on their long-range plan for medical
related uses. The hospital has purchased the property between Schiller and
Martin Luther King Drive, from Interstate 630 to 12th Street for future
development. This land, with a couple exceptions, is now in the hands of
Children’s Hospital.
The hospital’s 2004-campus plan shows medical offices, research and related
uses for this property. Children’s Hospital has now acquired this half block and
is asking to rezone the land to O-2 Office Institutional. The most recent change
in the immediate area is the construction of a new office building across
Maryland Avenue from the site. This building is intended as a ‘medical arts’
building for Children’s Hospital.
January 19, 2006
ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01
4
The second application area is the half city block along Wolfe Street from 13th
Street to Daisy Bates Drive. This is across from the old ‘Westside Junior High
School’ that has been redeveloped as apartments. This redevelopment was
done in part with the help of Children’s Hospital, which has developed the
original cafeteria/auditorium into a meeting space for the hospital. Diagonally
across the intersection from the site is the site of the ‘old Baptist Hospital’, which
Children’s Hospital purchased and removed. The new structure at this location
is part of the research complex for Children’s Hospital. The Campus plan for the
Hospital calls for the general area to be research facilities related to the hospital.
The tracts west and northwest of the old Westside School are proposed to be for
small business ventures related to the on-going research at the hospital.
There has been some improvement to the homes and apartments to the south of
this property. And the former grocery store at 12th Street between Battery and
Summit to the northwest has been converted to ‘Our Kids First’. The
redevelopment of the former school and investments in residential properties to
the south indicate interest in the vicinity. This half block is currently vacant and
owned by Children’s Hospital.
There is a request to reclassify the property from ‘R-4’, Two-family Residential
and ‘R-5’, Urban Residential to ‘O-2’ Office Institutional. The 2004 campus plan
for Children’s Hospital shows the land north of 13th Street as part of a large
research complex related to the hospital. The surrounding properties to the west
and northwest are indented as kind of an incubator for small businesses related
to the research conducted at the hospital.
With Daisy Gatson Bates Drive a primary entryway for the Central High Historic
Site; redevelopment of this property is significant to the City, State and Nation.
Across Daisy Gatson Bates Drive is residential, primarily single-family and
duplex. The massing of any new structures is significant, since the structures to
the south are generally smaller scale and massing. So both the design and
massing of any new structure only four blocks from Central High are of great
interest to the City. This is also an edge for Children’s Hospital Campus. It
would be desirable from the standpoint of the City and neighborhood if those
structures along the southern edge were designed to be ‘friendly’ to the
neighborhood. And possible include uses, which will make them a part of the
neighborhood rather than a wall against the neighborhood.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Capital Hill and
Central High Neighborhood Associations. Staff has received two comments from
area residents both were informational.
January 19, 2006
ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01
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STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
Walter Malone, Planning Staff reviewed the two areas of land use change and
noted there are more areas of rezoning. The northwest area had been proposed
before for a change to Public Institutional (in 2002), but the then owner
requested the area remain Single Family. The hospital now owns the property.
Their plan calls for the area to be office support uses for the hospital. The
surrounding area is all owned by the Hospital and is currently used for parking.
The southeast area is next to the old West Side Junior High, which is currently
residential with some office use (related to Children’s). The hospital plan calls
for this area to be ‘transition’. The general area is for uses related to research
done at the hospital. Across Daisy Bates are single-family and duplexes. This
area is seeing some reinvestment. Daisy Bates is also the entrance to Central
High. The type of use and massing is important. The City would like to see the
hospital find uses for this property, which will be advantageous to both the
hospital, and neighborhood, both can use. Staff does support both changes.
Mr. Malone turned the presentation over to Monte Moore to address the
re-zoning to O-2 Office and Institutional District. See item 1.1 for a complete
review of the discussion of this item. There was significant discussion about
notice, and where it was proper. A motion was made to defer the item. By a
vote of 2 for 9 against the motion failed. Further discussion followed. A second
motion to approve the Land Use Plan change was made. By a vote of 11 for
0 against the request was approved.
January 19, 2006
ITEM NO.: 1.1 FILE NO.: Z-4336-U
Owner: Arkansas Children’s Hospital
Applicant: McClelland Consulting Engineers,
Brian Tinnel
Location: Various lots located within an area bounded by
Maryland Avenue, Daisy Bates Drive, Schiller
Street and Martin Luther King Drive.
Area: Approximately 8 acres total
Request: Rezone from Various districts to O-2
Purpose: Future Arkansas Children’s Hospital
development including parking
Existing Use: Vacant and undeveloped property and
single family
A. PUBLIC WORKS COMMENTS:
1. 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) 379-1817 (Derrick
Bergfield).
B. PUBLIC TRANSPORTATION ELEMENT:
CATA Bus Route #3 (Baptist Medical Center Route) runs along Battery
and West 12th Streets, within the west one-half of the Children’s Hospital
Campus. CATA Bus Route #11 (M. L. King Jr. Route) runs on Martin
Luther King Drive, along the east boundary of the hospital facility.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Central High, Downtown
and Capitol Hill Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Central City Planning District. The Land Use
Plan shows Single Family, Low Density Residential, Mixed Office
January 19, 2006
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U
2
Commercial and Public Institutional for these properties. The applicant
has applied for an O-2 Office and Institutional for future developments
related to Children’s Hospital.
A land use plan amendment for a change to Public Institutional is a
separate item on this agenda for those areas not shown as either Public
Institutional or Mixed Office Commercial.
Master Street Plan:
12th Street is shown as a Minor Arterial on the plan. Minor Arterials primary
function is to move traffic and goods in and through the urban area, not to
provide access to adjacent property. The other sides in the application
areas are local streets, which are designed to provide access to adjacent
property. Additional right-of-way or street widening may be required due to
intensification of the property use from the single family they were original
built to handle.
Bicycle Plan:
There are no designated bicycle routes adjacent to the Plan change area,
however there are Class II bike routes along Martin Luther King Drive and
Daisy Gatson Bates Drive in the vicinity. Class II Bike routes have a
portion of the paved roadway dedicated for the sole use of bicycles. No
additional paving or right-of-way is proposed for the routes.
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:
Arkansas Children’s Hospital, owner of these seven (7) parcels of land
located within an area bounded by Maryland Avenue, Daisy Bates Drive,
Schiller Street and Martin Luther King Drive, is requesting to rezone the
parcels from various districts to “O-2” Office and Institutional District. The
rezoning is proposed for future development of facilities, including parking,
for Arkansas Children’s Hospital. The seven (7) parcels proposed for
rezoning are as follows:
1. Southeast corner of West 13th and Bishop Streets – currently zoned R-4
and O-3.
January 19, 2006
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U
3
2. Northwest corner of Daisy Bates Drive and Bishop Street – currently
zoned O-3, C-1 and C-3.
3. Northwest corner of Daisy Bates Drive and Wolfe Street – currently
zoned R-4 and R-5.
4. Southwest corner of West 11th and Battery Streets – currently zoned R-4
and C-3.
5. Block bounded by West 11th, West 12th, Summit and Schiller Streets –
currently zoned R-3, R-4, R-5 and C-3.
6. Northwest corner of West 11th and Summit Streets – currently zoned
R-3 and C-3.
7. Northwest corner of West 10th and Summit Streets – currently zoned
R-3.
All of the parcels are currently undeveloped and vacant, with the
exception of the parcel at the southwest corner of West 11th and Battery
Streets which is currently being used as a temporary parking area and the
parcel at the northwest corner of West 10th and Summit Streets which
contains four (4) single family structures. The general area is made up of
a variety of uses and zoning. The majority of the property within the area
bounded by Maryland Avenue, Daisy Bates Drive, Schiller Street and
Martin Luther King Drive is occupied by Arkansas Children’s Hospital
facilities and zoned O-2. There are single family, two-family, multifamily
and other non-residential uses and zoning in the area.
The City’s Future Land Use Plan designates all of the parcels as Public
Institutional, Mixed and Mixed Office Commercial, with the exception of
two (2) parcels. The parcel at the northwest corner of West 10th and
Summit Streets is designated as single family and the parcel at the
northwest corner of Daisy Bates Drive and Wolfe Street is designated as
Low Density Residential. A Land Use Plan Amendment to change these
two (2) parcels to Public Institutional is a separate item on this agenda.
Staff is supportive of the requested rezoning. All of the parcels proposed
for rezoning are located within the boundary of Arkansas Children’s
Hospital’s overall master plan. Staff feels the proposed rezoning of these
parcels to O-2 for future Children’s Hospital facilities is appropriate and
should have no adverse impact on the surrounding properties and the
general area. The O-2 zoning district is a site plan review district, with the
requirement that development plans be reviewed and approved by the
January 19, 2006
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U
4
Planning Commission. Any issues associated with the individual parcels,
such as landscaping, buffers, building height, drainage, etc., can be
addressed during the site plan review process.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-2 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
Scott Gordon, Brian Tinnel, Kent Taylor and Jim McClelland were present,
representing the application. There were two (2) persons present in opposition.
Staff presented the application with a recommendation of approval.
Brian Tinnel addressed the Commission in support of the application. He
explained that the application had been revised, removing two (2) parcels from
the request (northwest and southwest corners of West 11th and Summit Streets),
based on the fact that notices were not sent to property owners surrounding
these two (2) parcels. He explained that signs were placed on all parcels 30
days prior to the public hearing, and that someone had taken the signs down
after posting.
Scott Gordon, of Arkansas Children’s Hospital, also addressed the Commission
in support of the application. He explained that the hospital has been
conforming to its overall master plan, which was presented to the Commission in
the past. He noted that the hospital was committed to the City and to having the
Planning Commission review all plans for expansion. He also noted that the
hospital was committed to working with the neighborhood. He explained that
single-family houses are offered to organizations and individuals free of charge
to move to other locations. He stated that the hospital does not desire to tear
down houses if not necessary.
Paul Dodds addressed the Commission in opposition. He presented photos of
property used by Children’s Hospital and described issues he has with the
hospital campus. He discussed the hospital’s master plan and the treatment of
the perimeter of the plan boundary. He asked the Commission to defer the
application based on the fact that the notices to surrounding property owners
contained legal descriptions of the parcels and not street addresses, and
because the signs did not stay up on the parcels for the full 30-day time frame.
There was a motion to defer the application to the March 2, 2006 Agenda. The
motion was discussed. Staff noted that the notices sent out on the five (5)
parcels to be rezoned were done correctly. Scott Gordon explained that the
January 19, 2006
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U
5
hospital’s master plan had been presented to the Commission in the past. There
was additional discussion on the motion to defer and the issue of renotification.
Tony Bozynski, Director of Planning and Development, asked if re-noticing only
meant posting the signs. The issue was briefly discussed. The chairman called
for a vote on the motion to defer. The motion failed by a vote of 2 ayes and
9 nays.
Commissioner Meyer asked about landscaping in the area. Dana Carney, of the
Planning Staff, explained that much of the development within the hospital’s
campus was older development, which is not required to meet current ordinance
requirements with respect to landscaping. He explained that all new
development would meet or exceed the ordinance requirements. Mr. Gordon
briefly described the existing parking areas within the campus.
Commissioner Yates explained that some of the property proposed to be
rezoned is currently zoned O-3 and C-3. He stated that these zonings do not
require site plan review.
Commissioner Rahman noted that signs should be placed on all parcels to be
rezoned in the future, with an effort to keep the signs posted for 30 days.
Mr. Carney noted that staff will make every effort to see that it is done.
There was a motion to approve the O-2 rezoning as amended by the applicant
(5 parcels) and recommended by staff. The motion passed by a vote of 11 ayes
and 0 nays. The application was approved.
January 19, 2006
ITEM NO.: 2 FILE NO.: LU06-18-01
Name: Land Use Plan Amendment - Ellis Mountain Planning District
Location: Either side of Lawson Road, north of David O Dodd Road
Request: Office to Commercial
Source: Randy Gattis
PROPOSAL / REQUEST:
Land Use Plan amendment in the Ellis Mountain Planning District from Office to
Commercial. Commercial represents services for a broad range of retail and
wholesale sales of products, personal and professional services and general
business activities. A request has been filed to rezone a ‘R-2’ Single Family tract
to ‘C-3’ General Commercial.
Prompted by this Land Use Amendment request, the Planning Staff expanded
the area of review to include the area either side of Lawson Road north of David
O Dodd Road. With this change, all the land either side of Lawson Road from
Lawson Cut-off to Colonel Glenn Road would be commercial use. It is thought
that the additional area would make the boundaries more logical.
EXISTING LAND USE AND ZONING:
The property is a large lot occupied with a home currently zoned ‘R-2’ Single
Family. The expanded area is zoned ‘R-2’ and ‘O-3’ General Office. Most of the
land is vacant though there are a couple of homes within the application area.
The area is 6.75 acres ± in size. To the northeast is a large area zoned ‘C-2’
Shopping Center and is vacant. To the southeast is large area zoned ‘C-3’
General Commercial which is partially developed with a movie theater and
several small office and commercial uses and ‘C-4’ Open Display which is
developed with several automobile dealerships. To the northwest is land
primarily zoned ‘R-2’ with some ‘AF’ Agriculture and Forestry. This land is rural
in nature, some is partial developed and all is beyond the City limits. To the
southwest is land zoned ‘R-2’, this land is mostly vacant. The area is beyond the
City limits, with some annexed a couple of years ago, but yet to develop.
January 19, 2006
ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
July 20, 2004, a change was made from Mixed Use to Mixed Office Commercial
along the north side of 36th Street between Bowman Road and I-430 – about half
a mile to the north. This change was made as a result of a rezoning request for
office zoning.
April 6, 2004, a change was made from Single Family to Suburban Office at the
southeast corner of Kanis and Pride Valley Roads – over two miles to the north
northwest of the site. This change was for the redevelopment of a structure for
an office use.
February 4, 2003, a change was made from Multifamily to Mixed Office
Commercial south of Brodie Creek west of I-430 – about half a mile to the north.
This change was made to incorporate all the land south of Brodie Creek into one
large proposal for a shopping center development.
January 7, 2003, a change was made from Office to Commercial at Colonel
Glenn and Lawson Roads – just east. This change was made for the
redevelopment and expansion of a non-residential site.
August 20, 2002, a change was made from Low Density Residential to
Multifamily at Cooper Orbit and Capital Lakes Blvd – over two miles to the
northwest of the site. This change was made to accommodate a planned
development for apartments.
July 3, 2001, a change was made from Low Density Residential, Mixed Office
Commercial, and Neighborhood Commercial to Single Family – over a mile to
northwest. This change was made to replace the proposed ‘Brodie Creek New
Towne’ development with the ‘Woodlands Edge’ residential subdivision.
The Land Use Plan shows the application area as part of an Office area between
the Commercial node at I-430 and Colonel Glenn Road and the Single Family
further to the west and south. There is a large amount of Mixed Office
Commercial, Commercial and Community shopping at the interchange of I-430
and Colonel Glenn Road. This continues west to the Bowman-David O Dodd
intersection with Colonel Glenn Road. The Office use area surrounds the
commercial on the west and south. Then Single Family use follows.
MASTER STREET PLAN:
This portion of Lawson is a Local Street. A local street is to provide access to
adjacent properties. Lawson Road just to the south is a Minor Arterial (from
January 19, 2006
ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01
3
David O Dodd). David O Dodd and Colonel Glenn Roads are also arterials.
Arterials primary function is to move vehicles and goods through and around the
urban area not to provide access to adjacent properties. Since Lawson Road
was built as a county road, street improvements may be required at the time of
development.
BICYCLE PLAN:
The Bike Plan section of the Master Street Plan shows a Class I Bike route along
David O Dodd Road and another along Colonel Glenn Road. Class I Bike routes
are a separate paved surface for bicycles. These routes may be within the right-
of-way of an Arterial road or along a stream.
PARKS:
The Little Rock Parks and Recreation Master Plan shows this area to currently
be a deficiency area. That is, currently there is not a park or open space within
8-blocks. Counting proposed but not currently owned recreational areas, this
area would have a park or open space within 8-blocks of the site. The “Take it to
the Extreme” trail would be just to the southwest and west of the site.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The application is in an area, which has recently seen an increase of interest in
non-residential development. The Colonel Glenn Road – I-430 interchange area
has experienced commercial and a small amount of office development in the
last couple of years. Three of the four corners have large amounts of
commercial zoning in place. Most of the ‘C-4’ Open Display Commercial zoned
land has been developed, primarily with auto dealerships. However most of the
‘C-3’ General Commercial and ‘C-2’ Shopping Center zoning remains
undeveloped. On the west side of the interstate a multi-screen theater, a bank, a
convenience store with pumps and a Trane retail center have been built.
Several office warehouse uses have been built on the north side of Colonel
Glenn Road on both sides of the freeway.
January 19, 2006
ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01
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Three new single-family subdivisions have been started to the south-southeast of
the area. The closest subdivision is immediately south of JA Fair High School at
David O Dodd and Lawson Cut-off Road. To the west of the application area,
development is of a rural to extra-urban nature. The city limits line is the western
boundary of the application area.
Lawson Road, which bi-sects this amendment area, is a rural two-lane road.
With the City’s construction of David O Dodd Road to the Bowman – Colonel
Glenn intersection, this segment of Lawson Road is to serve as local access.
Historically Lawson Road, including this segment, had been an important east-
west arterial route connecting a large area of western Pulaski County to the City
and the freeway system at Colonel Glenn Road.
This is a section of Little Rock, which has only recently begun to experience
development pressures. Large areas have been zoned to commercial and office
at the intersection of Colonel Glenn Road with Interstate 430. Most of the area
has been zoned to some form of commercial. The first developments in the area
were office warehouse developments. The Rave Theater was the first major
retail use in the area since Sam’s left. That structure is now the site of Clear
Channel Communication (several radio stations). Since the theater was built
several auto dealerships have been developed along the southern frontage of
Colonel Glenn Road.
Much of the commercially zoned land either side of Interstate 430 is yet to
develop. Almost all of the commercially shown land on the Plan has been
zoned. There is not much office shown in the interchange area. The office
areas are generally located to transition from the intense commercial
developments at the interchange to the single-family developed or proposed
beyond.
In the past Staff has expressed concern about extending the commercial use
areas to JA Fair High School. Staff recently opposed a commercial change,
which overlaps with a portion of this amendment area. The traffic pattern and
possible uses, which could locate in a commercial designated area, are not
always positive and compatible uses for a high school.
There are very limit amounts of Office Use shown on the Plan. Much of the area
shown for Office is yet to be zoned on the west side of the Interstate. No need
for additional commercial land has been shown. There are acres of vacant
zoned commercial land at the interchange to the northwest of the application
area.
January 19, 2006
ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01
5
NEIGHBORHOOD COMMENTS:
Notices were sent to the John Barrow Neighborhood Associations. Staff has
received one comment from area residents, which was informational.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. With the limited amount of office
proposed, the proximity of a high school and the abundance of yet to be
development commercial land, a change to commercial would not be warranted
or desirable.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The item was placed on consent agenda for withdrawal. The applicant revised
the zoning request to O-3 General Commission, making the Land Use Plan not
necessary. By a vote of 10 for, 0 against and one absent, the consent agenda
was approved.
January 19, 2006
ITEM NO.: 2.1 FILE NO.: Z-7978
Owner: LWW Properties, LLC
Applicant: Randy Gattis
Location: 12624 Lawson Road
Area: 1.73 Acres
Request: Rezone from R-2 to C-3
Purpose: Future commercial development
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Single family residences on large lots and Kinco Construction
Company; zoned R-2 and PD-C
South – Single family residences and undeveloped property (across
Lawson Road); zoned R-2 and O-2
East – Single family residential structures and undeveloped property
(across Lawson Road); zoned R-2 and O-3
West – Single family residences on large lots and nonconforming
commercial uses; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify Lawson Road on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
2. Due to the location of this property in relationship to the intersection of
Lawson Road and Church Road, show proposed location of future
driveway.
3. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvements to this
street including 5-foot sidewalk with planned development.
4. Due to location of property and the curvature of Lawson Road, site
distance of traffic on Lawson Road could be a concern of the City of
January 19, 2006
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7978
2
Little Rock at this location and additional conditions could be placed on
the development at the time of development.
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 John Barrow and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Ellis Mountain Planning District. The Land
Use Plan shows Office for this property. The applicant has applied for a
C-3 General Commercial for future redevelopment for commercial
proposes.
A land use plan amendment for a change to Commercial is a separate item
on this agenda.
Master Street Plan:
This portion of Lawson is a Local Street. A local street is to provide access
to adjacent properties. Lawson Road just to the south is a Minor Arterial
(from David O Dodd). David O Dodd and Colonel Glenn Roads are also
arterials. Arterials primary function is to move vehicles and goods through
and around the urban area not to provide access to adjacent properties.
Since Lawson Road was built as a county road, street improvements may
be required at the time of development.
Bicycle Plan:
The Bike Plan section of the Master Street Plan shows a Class I Bike
route along David O Dodd and another along Colonel Glenn Road. Class
I Bike routes are a separate paved surface for bicycles. These routes
may be within the right-of-way of an Arterial road or along a stream.
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.
January 19, 2006
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7978
3
E. STAFF ANALYSIS:
LWW Properties, LLC., owner of the 1.73 acre property located at 12624
Lawson Road, is requesting to rezone the property from “R-2” Single Family
District to “C-3” General Commercial District. The rezoning is proposed for
future commercial development.
The property contains a single-wide manufactured home within the front
(east) half of the property, with a small accessory storage building. The
rear portion of the property is undeveloped. The property is relatively flat.
When staff inspected the property, there were two (2) camper trailers and
yard sale items in the front yard.
The area contains a mixture of uses and zoning. There are single family
residences on large lots and the Kinco Construction Company development
(PD-C) located to the north along Lawson Road. Undeveloped O-2 zoned
property and additional single family residences are located across Lawson
Road to the south. Single family residential structures and undeveloped
O-3 zoned property are located across Lawson Road to the east. Single
family residences and nonconforming commercial uses (zoned R-2) are
located to the west along the north side of Lawson Road.
The City’s Future Land Use Plan designates this property as Office. A Land
Use Plan Amendment for a change to Commercial has been filed and is a
separate item on this agenda (Item 2).
Staff is not supportive of the requested rezoning to C-3. The property is
located within an area designated as Office by the City’s Future Land Use
Plan, which serves as a buffer and area of transition from the more intense
commercial uses located along Colonel Glenn Road to the north, and east
of David O Dodd Road/J.A. Fair High School, to the single family uses to
the west and south. Staff feels that introducing commercial zoning within
this area would be detrimental to the concept of this area serving as
transition. Staff also did not support a previous rezoning of the property to
the east across Lawson Road to C-3. That application was amended to
O-3 and subsequently approved. Staff could also support O-3 for this
property, if the applicant were willing to amend the application. Staff feels
rezoning this property to C-3 is inappropriate and could have an adverse
impact on the single family properties to the west and south.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
January 19, 2006
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7978
4
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
Staff informed the Commission that the applicant had revised the application
to a rezoning to O-3 rather than C-3. Staff recommended approval of the O-3
rezoning request.
The item was placed on the Consent Agenda and approved as revised by the
applicant and recommended by staff. The vote was 10 ayes, 0 nays and
1 absent.
January 19, 2006
ITEM NO.: 3 FILE NO.: Z-7979
Owner: Davis Trust, Paul C. Davis and Clark G. Davis
Applicant: Celeste O’Neal
Location: East side of David O Dodd Road, immediately
north of J.A. Fair High School
Area: 1.37 Acres
Request: Rezone from R-2 to O-3
Purpose: Future office development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property and single family residential structures
(across David O Dodd Road); zoned O-3 and R-2
South – J.A. Fair High School; zoned R-2
East – Undeveloped property; zoned O-3 and C-3
West – Undeveloped property and single family residences on large lots
(across David O Dodd Road); zoned O-2 and R-2
A. PUBLIC WORKS COMMENTS:
1. David O Dodd Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvements to this
street including 5-foot sidewalk with planned development.
3. With site development, storm water detention ordinance will apply to
this property.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
January 19, 2006
ITEM NO.: 3 (Cont.) FILE NO.: Z-7979
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in two planning districts: Ellis Mountain on the
west side of Lawson, and 65th Street West on the east side. The Land
Use Plan shows Office for this property. The applicant has applied for a
zoning change from R-2 to O-2 for office development.
The request does not require a change to the Land Use Plan.
Master Street Plan:
David O Dodd is shown as a Local Street on the Master Street Plan. A
Minor Arterial provides connections to and through an urban area and their
primary function is to provide short distance travel within the urbanized
area. David O Dodd Road may require dedication of right-of-way and may
require street improvements.
Bicycle Plan:
A Class I bike route is located along David O Dodd. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Davis Trust, owner of the 1.37 Acre property along the east side of David O
Dodd Road, immediately north of J. A. Fair High School, is requesting to
rezone the property from “R-2” Single Family District to “O-3” General Office
District. The rezoning is proposed for future office development of the
property.
January 19, 2006
ITEM NO.: 3 (Cont.) FILE NO.: Z-7979
3
The property is currently undeveloped and partially wooded. The O-3
zoned property immediately to the east and across David O Dodd Road to
the north is also undeveloped. There is additional undeveloped O-2 zoned
property across David O Dodd Road to the west. There are single family
residential structures on large lots further north and west along Lawson
Road. The J.A. Fair High School campus is located immediately to the
south.
The City’s Future Land Use Plan designates this property as Office. The
requested O-3 rezoning does not require a change to the Land Use Plan.
Staff is supportive of the requested rezoning. The property immediately
east and north (across David O Dodd Road) within the area designated as
office by the Future Land Use Plan was previously zoned O-3. Staff feels
the requested rezoning to O-3 for future office development is appropriate,
and should have no adverse impact on the adjacent properties or the
general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval. The applicant offered no additional
comments.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 nays and 1 absent.
January 19, 2006
ITEM NO.: 4 FILE NO.: Z-7981
Owner: MS Associates, Inc.
Applicant: Sanjeev Taneja
Location: North side of Stagecoach Road, west of
Flintridge Road
Area: 3.74 Acres
Request: Rezone from R-2 to C-3
Purpose: Future hotel and commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Church facilities and cell tower; zoned R-2
South – Undeveloped property, mini-warehouse development and single
family residences on large lots; zoned R-2, PCD and C-3
East – Undeveloped property (Highway Department right-of-way);
zoned R-2
West – Salvage yard and mixed commercial uses; zoned C-3 and R-2
A. PUBLIC WORKS COMMENTS:
1. Stagecoach Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvements to this
street including 5-foot sidewalk with planned development.
3. Per city code for this length of frontage on a principal arterial, only 1
curb cut for a driveway is permitted.
4. A Special Grading Permit for Flood Hazard Areas will be required per
Sec. 8-283 prior to construction.
January 19, 2006
ITEM NO.: 4 (Cont.) FILE NO.: Z-7981
2
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 Crystal Valley, Otter
Creek and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Crystal Valley Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for a rezoning from R-2 to C-3 for a hotel and commercial development.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Stagecoach Road is shown as a Principal Arterial on the Master Street Plan
and Flintridge is shown as a Local Street. The primary function of a
Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Local Streets which
area abutted by non-residential zoning/use or more intensive zoning than
duplexes are considered as “Commercial Streets”. These streets have a
design standard the same as a Collector. These streets may require
dedication of right-of-way and may require street improvements.
Bicycle Plan:
There is a Class 2 bike route along Stagecoach Road. Portions of
Stagecoach Road to the southwest have a bike route as part of the
current improvements. A Class II bikeway is located on the street as
either a 5’ shoulder or six foot marked bike lane. Additional paving and
right-of-way may be required.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Otter Creek
Crystal Valley Neighborhood Action Plan. The Office and Commercial
Development Goal listed an objective of “Aggressively using Planned
January 19, 2006
ITEM NO.: 4 (Cont.) FILE NO.: Z-7981
3
Zoning Districts to influence more neighborhood-friendly and better quality
developments.” The Natural Environment Goal listed an objective of
“Encouraging and supporting the conservation of significant landscapes,
views, and vistas (visual)”. The development of site can be done in such
a way as to advance these Goals called for in the Neighborhood Plan.
E. STAFF ANALYSIS:
MS Associates, Inc., owner of the 3.74 acre property located on the north
side of Stagecoach Road west of Flintridge Road, is requesting to rezone
the property from “R-2” Single Family District to “C-3” General Commercial
District. The rezoning is proposed for future development of a hotel and
retail center.
The property is currently undeveloped and wooded. The property slopes
upward from Stagecoach Road to a hill near the center of the property. The
property slopes back down to the church property to the north.
The property is located in an area of mixed uses and zoning. A church
development is located immediately to the north and along a portion of the
east boundary. Highway Department right-of-way (I-430) is also located to
the east. There is a salvage yard and mixed commercial uses to the west,
along the north side of Stagecoach Road. A mini-warehouse development
and single family residential structures on large lots are located south
across Stagecoach Road.
The City’s Future Land Use Plan designates this property as commercial.
The requested C-3 zoning does not require a change to the Land Use Plan.
Staff is supportive of the requested rezoning. The property falls within an
area designated as commercial by the City’s Future Land Use Plan,
extending from I-430 west to beyond Crystal Valley Road. Several of the
properties to the west have previously been zoned to C-3 and C-4. Staff
feels the requested rezoning to C-3 for future development of a hotel and
commercial use is appropriate, and should have no adverse impact on the
adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
January 19, 2006
ITEM NO.: 4 (Cont.) FILE NO.: Z-7981
4
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval. The applicant offered no additional
comments.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 nays and 1 absent.
January 19, 2006
ITEM NO.: 5 FILE NO.: Z-4281-A
NAME: New Light Baptist Church – Conditional Use Permit
LOCATION: 3110 Battery Street
OWNER/APPLICANT: New Light Baptist Church/W oods-Caradine Architects
PROPOSAL: A conditional use permit is requested to allow for
expansion of this existing church. The property is
zoned R-3, Single Family.
1. SITE LOCATION:
The property is located on the west side of Battery Street, at 32nd Street.
One of the proposed parking lots is located behind the church, fronting
onto Summit Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a principally single family residential
neighborhood. The church has been at this site for many years. With
attention to proper landscaping and screening, the proposed expansion
should not affect the church’s continued compatibility with the
neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Southend
Developers and Southend Neighborhood Associations were notified of
this request.
3. ON SITE DRIVES AND PARKING:
The church currently has a 19 space parking lot located north of the
existing building. The existing sanctuary seats 200 persons. The
proposed new sanctuary will seat 400. Parking must be provided for the
increased seating capacity. 200 seats require 50 parking spaces; 1 space
for every 4 seats. The church is proposing to construct two new parking
lots; a 20 space lot to be south of the new building and an 11 space lot to
be west of the new building. The parking lots will be designed for one-way
access, using angled parking. Staff is supportive of a parking variance.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
January 19, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A
2
Re-design of the proposed parking lots is recommended. With the use of
60 degree, angled, directional parking with egress/ingress by use of the
existing alley most, if not all, of the following issues can become moot.
Proposed site plan does not allow for the City’s minimal landscaping and
buffer requirements along the southern, western, and eastern property
lines.
Curb and gutter or another approved border will be required to protect
landscaped areas from vehicular traffic.
An automatic irrigation system to water landscaped areas will be required.
Battery Street Parking Lot:
The proposed parking lot along Battery Street does not allow for the City’s
minimal landscaping and buffer ordinance requirements.
Along the southern property line, a minimum of nine (9) foot wide
landscape buffer is required next to the residentially zoned property. In
addition, a nine (9) foot wide landscape strip is required in this same area.
This is a requirement of the landscape ordinance. This can be reduced to
five (5) feet since this is redevelopment in the mature area. Approval is
required from the City Beautiful Commission for a variance from this
minimal requirement.
In addition to this minimal landscape area, screening is required to be a
six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings.
The area between Battery Street and the proposed parking lot must be
increased to a minimum of 9 foot wide to meet the City’s minimum buffer
ordinance requirements. The landscape ordinance will also require this
area to be a minimum of six foot nine inches. Approval is required from
the City Beautiful Commission for a variance from this minimal
requirement.
The landscape ordinance requires a three foot (3’) wide minimum
landscape strip between the parking lot(s) and the building, or in the
general area.
Summit Street Parking Lot:
The proposed parking lot along Summit Street does not allow for the
City’s minimal landscaping and buffer ordinance requirements.
January 19, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A
3
Along both the western, northern and southern property lines a minimum
of nine (9) foot wide landscape buffer is required. The landscape
ordinance will also require this area to be a minimum of nine (9) foot. This
can be reduced to five (5) feet since this is redevelopment in the mature
area. Approval is required from the City Beautiful Commission for a
variance from this minimal requirement.
In addition to this minimal landscape area, screening is required to be a
six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings along the northern
and southern property lines of this parking lot area along Summit Street.
The landscape ordinance requires a minimum of 8% of the paved areas
be landscaped with interior islands of at least 7 ½ feet in width and 150
square feet in area. Proposed plan does not currently reflect this
minimum; however, if the striped areas on plan were to be changed to
reflect the area as interior landscape beds then this minimum requirement
would be met.
5. PUBLIC WORKS COMMENTS:
1. Sidewalks with appropriate handicap ramps are required in
accordance with Section 31-175 of the Little Rock Code and the
Master Street Plan on Battery and Summit Streets.
2. Petition should be filed to abandon West 32nd Street right-of-way.
3. With the alley being used for access, alley should be widened to
provide 18 feet of pavement.
4. An existing 12 inch concrete storm water pipe runs under the
proposed building from Battery Street to Summit Street. The proposed
building cannot be constructed over existing piping system. The
applicant has proposed rerouting the pipe around the proposed
building. The pipe should be enlarged from 12 inches to 15 inches to
reduce susceptibility to blockage.
5. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
6. Storm water detention will not apply to the proposed development.
7. Obtain permits prior to doing any street cuts or curb cuts. Obtain
barricade permit prior to doing any work in the right-of-way. Contact
Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more
information.
January 19, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A
4
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are needed. A Capital Investment Charge based on the size
of the meter connection(s) will apply to this project in addition to
normal charges. This fee will apply to all meter connections including
any metered connections off the private fire system.
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). This will involve
installation of a public water main and will be done at the expense of
the developer.
Fire Department: Install fire hydrants per code.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building height, setbacks, signage, site
lighting and fencing. Staff asked the applicant to provide the seating capacity of
the existing and proposed sanctuary buildings. The applicant was asked to
locate the dumpster on the site plan and to provide a copy of the Bill of
Assurance for Sunset Addition. The applicant was asked to specify the uses
proposed for the site, including use of the existing sanctuary building.
Public Works and Utility Comments were noted. Staff noted the presence of a
12 inch concrete storm water pipe, which runs under the proposed building, from
Battery Street to Summit Street. Staff stated the pipe would have to be rerouted.
The applicant was advised to contact the individual reviewing agencies.
January 19, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A
5
Landscape and Buffer Comments were discussed at length. Staff made
suggestions about redesigning the parking lots to provide the required landscape
and buffer strips. It was noted that variances from the landscape requirements
would require City Beautiful Commission approval.
The applicant was advised to respond to staff issues by Wednesday,
December 28, 2005. The Committee this forwarded the item to the full
Commission.
STAFF ANALYSIS:
New Light Baptist Church is located on the R-3 zoned property at 3110 Battery
Street. The church currently has a single building and a 19 space parking lot.
The church building contains classrooms, offices and a 200 seat sanctuary. The
church proposes to expand by constructing an addition that will contain new
classrooms, offices and a 400 seat sanctuary. The existing building will be
converted into a fellowship hall. In conjunction with the building addition, two
new parking lots containing a total of 31 parking spaces will be constructed. No
additional uses such as day care or private school are proposed. There appears
not to be any bill of assurance issue.
The new building will be one-story and will have an exterior finish of brick and
E.I.F.S. The pitched roof will have fiberglass composition shingles. Due to the
high pitch of the roof, the building will have a height of nearly 35 feet. A steeple
on the roof will extend another 30+ feet, not exceeding a total height of 70 feet.
A single wall sign, composed of aluminum cast lettering, will be located on the
front wall of the new sanctuary. The new building will have a front yard setback
of 10 feet and a rear yard setback of 11 feet. The R-3 zoning district typically
requires front and rear yard setbacks of 25 feet. Staff supports the reduced
setbacks. The addition will have a setback of 25 feet from the curb of Battery
Street and there is an alley to the rear, providing additional setback.
On December 28, 2005, the applicant submitted a revised site plan and
responses to issues raised at Subdivision Committee. With some additional
slight modification of the plan, it should address staff’s concerns.
The dumpster and required screening have been shown at the rear of the
existing parking lot, located north of the existing church building. Light poles
have been located on the site plan. All lighting must be shielded downward and
onto the site. The two new parking lots have been redesigned to incorporate
angled parking and one-way traffic flow off of Battery Street, exiting onto Summit
Street. Perimeter landscape strips of 5.5 – 6 feet in width have been shown on
the two new parking lots. A 6-foot tall wood privacy fence has been shown on
the perimeters of the new parking lots where they abut adjacent residential
property. The alley will be improved and the storm water pipe will be relocated
as required by Public Works. The applicants have stated they will follow-up with
January 19, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A
6
an application to abandon the undeveloped West 32nd Street right-of-way.
In addition to the reduced setbacks, there are two other minor variances. The
proposed 31 new parking spaces fall 19 short of the 50 required to
accommodate the increased seating capacity. The church has functioned for
years will just 19 parking spaces. The church is located in a developed urban
neighborhood and there appears to be adequate on-street parking in the general
vicinity. The church’s principal parking needs will be on Sunday mornings since
no additional uses are being proposed. The proposed parking lot south of the
new sanctuary building has a slight reduction of 2-3 feet in required maneuvering
area between the angled and 90° parking spaces. Since it is not anticipated that
there will be a lot of in and out traffic, staff can support the variance. It was felt
that it was more important to accommodate as much on-site parking as feasible.
To staff’s knowledge, there are no major outstanding issues. Staff believes it is
appropriate to allow the expansion of this existing neighborhood church.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions 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. The 6-foot wood privacy fence on the perimeters of the new parking lots is to
be constructed with its finished side facing outward.
4. Three (3) copies of the final approved site plan must be submitted to staff.
5. Pickup/service of the dumpster is to be limited to the hours of 7:00 a.m. to
6:00 p.m.
Staff recommends approval of the parking, building setback and parking
maneuvering area variances.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. Staff also
recommended approval of the parking, building setback and parking
maneuvering area variances. There was no further discussion.
January 19, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A
7
The item was placed on the Consent Agenda and approved as recommended by
staff, including all comments and conditions. The vote was 10 ayes, 0 noes and
1 absent.
January 19, 2006
ITEM NO.: 6 FILE NO.: Z-4985-F
NAME: Cai Day Care Center – Conditional Use Permit
and PCD Revocation
LOCATION: 2407 Battery Street
OWNER/APPLICANT: Monica Cai
PROPOSAL: A conditional use permit is requested to allow use of
this existing structure as a day care center. The
property is currently zoned PCD. The applicant is
requesting approval of the revocation of the PCD
zoning and restoration of the previous R-4 zoning.
1. SITE LOCATION:
The property is located on the east side of Battery Street; ½ block north of
Roosevelt Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area that has a mixture of residential and
institutional uses. A church is located one lot to the south. The large,
PCD zoned building to the east has gone through several use proposals
and revisions. The most recent, in 2002, allowed its use as a day care.
The former Mitchell School is located to the west. This building is now
being proposed for redevelopment as housing for unwed mothers. Single
family and two family homes are located in the general vicinity
surrounding the site. Use of this structure for a relatively small day care
should be compatible with the neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Southend
Developers and Southend and Wright Avenue Neighborhood Associations
were notified of this request.
3. ON SITE DRIVES AND PARKING:
The entire front yard of the lot is paved; a vestige of its previous use as a
day care. A day care center for 18 children with 4 employees requires
5 parking spaces. A day care center for 12 adults with 3 employees
requires 4 parking spaces. There is space to park 2-3 vehicles on the site
so that they do not back into the street. The applicant has committed to
leaving parking on the site for patrons. The employees will park on the
street. There is adequate on street parking since the school across the
January 19, 2006
ITEM NO.: 6 (Cont.) FILE NO.: Z-4985-F
2
street closed. The applicant will also continue to try to obtain parking from
the church located to the south.
4. SCREENING AND BUFFERS:
All improvements and parking area are existing. Screening should be
installed along the north and south perimeters of the site.
5. PUBLIC WORKS COMMENTS:
1. With the current location of the driveway and parking area, vehicles
back onto Battery Street and create unsafe driving conditions.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection to use as daycare center. Contact Central Arkansas
Water if larger and/or additional water meter(s) are needed.
Fire Department: Five sprinklers may be required; fire hydrant may be
required. Contact LRFD Fire Marshall at 918-3710.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed regarding days and hours of operation, signage, site
lighting and dumpster location. Staff asked the applicant to provide a parking
plan. Staff noted that approval was being sought for either a child day care for
18 children or an adult day care for 12 adults.
Utility, Public Works and Landscape Comments were noted. The applicant was
advised to contact those individual agencies.
January 19, 2006
ITEM NO.: 6 (Cont.) FILE NO.: Z-4985-F
3
Staff noted that the property was currently zoned PCD and the applicant needed
to request revocation of the PCD.
The applicant was advised to respond to staff issues by Wednesday,
December 28, 2005. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The lot located at 2407 Battery Street is occupied by a one-story, frame,
residential style structure and a concrete-paved parking area. The property is
zoned PCD and is part of a larger PCD that includes the property to the east. At
one time, this structure was physically connected to the larger structure to the
east. The connection has been removed. The overall PCD has a lengthy
history, which included the use of the buildings for a variety of uses; including
day care, duplex residence plus a fairly lengthy list of O-1 uses. In 1999, the
PCD was revoked. In 2002, the then-owner requested renewal of the PCD,
which included the full range of previously, approved uses. The Commission
denied the request, while stating the property was more appropriate for use as a
day care. The Board also denied the applicant’s request and approved the PCD
for day care only. The record is somewhat unclear about the specific approved
use of this lot; whether duplex or day care. In any case, the PCD approved was
over three years ago and the structure on this lot has now been physically
separated from the larger building. Staff believes it is appropriate to revoke the
PCD zoning for this lot, restoring the R-4 zoning and then approving a C.U.P. for
the proposed day care use.
The applicant is requesting approval of the PCD revocation and of a conditional
use permit to allow a day care center. The applicant proposes to have either a
day care center for 18 children with 4 employees or a day care center for 12
adults with 3 employees. The use will be either one or the other, not both at the
same time. Days and hours of operation are proposed as Monday through
Friday, 6:00 a.m. to 12:00 midnight. Signage will consist of a 3’ X 8’ wall sign on
the front façade of the structure. There will be no dumpster. The applicant
proposes to utilize trash cans and private pick-up. No changes are proposed in
site-lighting, which currently consists of security lighting on the perimeter of the
site. Privacy fencing is located on the north and south perimeters of the site.
The 1890 bill of assurance does not address use issues.
The entire front of the lot is paved and has been used for parking. Staff does not
support allowing vehicles to back into the street. Parking needs to be designed,
perhaps with the use of striping, so that vehicles enter and exit the site in forward
motion. There is parking on the site to accommodate 2-3 vehicles. The
applicant has stated the on-site parking will be reserved for patrons. Employees
will utilize on-street parking. There is sufficient on-street parking available since
the elementary school located across the street closed.
January 19, 2006
ITEM NO.: 6 (Cont.) FILE NO.: Z-4985-F
4
Staff believes the proposed day care is an appropriate use for this site. To
staff’s knowledge, there are no other outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. and PCD revocation subject to the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. All outdoor activities are to be limited to daylight hours.
3. Compliance with all applicable fire code and building code requirements for
conversion of this structure into a day care center.
4. Parking is to be designed so that vehicles enter and exit the site in a forward
motion. There is to be no backing into the street.
5. The PCD must be revoked for the C.U.P. to be valid.
Staff recommends approval of the parking variance to allow some on-street
parking.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. Staff also
recommended approval of the parking variance. Staff had earlier informed the
Commission that the City’s Traffic Engineer had agreed that the “no parking”
signs on the west side of Battery Street could now be removed since the Mitchell
School was closed. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff, including all comments and conditions. The vote was 10 ayes, 0 noes and
1 absent.
January 19, 2006
ITEM NO.: 7 FILE NO.: Z-5773-A
NAME: St. Margaret’s Episcopal Church –
Revised Conditional Use Permit
LOCATION: 20900 Chenal Parkway
OWNER/APPLICANT: Episcopal Diocese of Arkansas/Brian Tempas, AIA
PROPOSAL: A revision to the previously approved conditional use
permit is requested to allow for the addition of a
Prayer House (meditation space) to this existing, R-2
zoned church site.
1. SITE LOCATION:
The property is located at the southeast corner of Chenal Parkway and
Chenal Valley Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is principally single family in zoning
and use. Single family homes are located to the south and to the west,
across the Parkway. Undeveloped, C-2 zoned property is located to the
north. A recently approved development of elderly housing is to be
located on PD-R zoned property across the parkway, to the northwest.
Allowing the addition of the proposed prayer house will not affect this
existing church’s compatibility with the neighborhood.
All owners of property located within 200 feet of the site and all residents
within 300 feet of the site who could be identified were notified of this
request. There is no neighborhood association in the vicinity of this site.
3. ON SITE DRIVES AND PARKING:
Access to the site is from a single driveway onto Chenal Parkway. A
future driveway will provide access to Chenal Valley Drive. The phased
development plan included 259 on-site parking spaces, most of the
parking has been constructed with the last phase remaining. At ultimate
build-out, the church will have a worship area seating 1,000 persons;
requiring 250 parking spaces.
4. SCREENING AND BUFFERS:
No Comments.
January 19, 2006
ITEM NO.: 7 (Cont.) FILE NO.: Z-5773-A
2
5. PUBLIC WORKS COMMENTS:
1. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3. All driveways shall be concrete aprons per City Ordinance.
4. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
5. If disturbed area is 1 or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required, with easements, if service
is required for this project.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional
meter(s) are needed. 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).
This will be installed at the expense of the developer.
Fire Department: Fire hydrants will be required. Contact LRFD Fire
Marshall at 918-3710.
County Planning: No Comments.
CATA: The site is not located on or near a CATA bus route.
January 19, 2006
ITEM NO.: 7 (Cont.) FILE NO.: Z-5773-A
3
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicant was present. Staff noted there was very little additional
information needed. Staff asked if the previously approved walking trail was to
remain on the plan. The applicant responded that it would and he would revise
the plan to reflect such.
Public Works, Utility and Landscape Comments were noted. The applicant was
advised to contact those individual agencies.
The applicant was asked to provide a lighting plan for the Prayer House and
walkway.
The Committee advised the applicant to respond to staff issues by Wednesday,
December 28, 2005. The item was then forwarded to the full Commission.
STAFF ANALYSIS:
On January 4, 1994, the Planning Commission approved a conditional use
permit to allow for the phased development of this R-2 zoned, 10.8± acre tract by
St. Margaret’s Episcopal Church. The phased development included three
buildings to be connected by a central lobby area. Phase I is a two-story
multipurpose building containing classrooms and administrative offices on the
first floor and a multipurpose space on the second floor. The multipurpose
space can accommodate up to 400 persons for worship services. Phase II is a
second two-story building containing additional office and classroom space and a
1,000 seat sanctuary. Once this phase is completed, the Phase I multipurpose
space will become a formal fellowship hall. The Phase III building is a two-story
open space to be used for recreation and fellowship hall. Phased parking for
259 on-site parking spaces was included. The eastern 1/3 of the property was
shown to remain wooded and natural with hiking/interpretative trails and benches
for contemplation. On November 11, 1999, the Director of Planning approved a
modification to the plan allowing for the reorientation of the buildings and parking
and the addition of a garden, outdoor altar and Columbarium. Initial access to
the site was to be from a single driveway onto Chenal Parkway. A later phase
added access to Chenal Valley Drive on the north. The Phase I building, much
of the parking and the Columbarium have been constructed thus far.
The church is now requesting a revision to the C.U.P. to allow for construction of
a Prayer House (meditation space) in the woods on the eastern 1/3 of the
property. The Prayer House will consist of an approximately 1,500 square foot
enclosed space and two adjacent gardens. There will be a path from the
proposed new driveway to the Prayer House. The path will be constructed of
January 19, 2006
ITEM NO.: 7 (Cont.) FILE NO.: Z-5773-A
4
crushed rock and will be ADA compliant. The enclosed meditation space is
designed to have an occupancy of no more than 24 people and will be used on
an intermittent basis. The building is designed to fade into the texture of the
woods. The building will have a foundation of native stone and will be clad in
textured copper shingles to imitate the bark of the pine trees on the site. As the
copper ages, it will oxidize and form a patina that will blend in with the color and
texture of the native pines and oaks. The roof form is an arc that reaches
upward to the sky, with a ribbon of translucent glass between the roof and the
top of the copper-clad wall. The height of the building will be approximately 26
feet.
All other elements of the previously approved plan (November 1999) will remain.
There is no bill of assurance for this acreage tract. Lighting in this area will
consist of low-level path lighting.
On December 28, 2005, the applicant submitted responses to issues raised at
Subdivision Committee and reflected in the analysis above. To staff’s
knowledge, there are no outstanding issues. Staff believes the addition of the
proposed Prayer House to this existing church site will have no effect on
neighboring properties.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed revision to the C.U.P. subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of the
agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended
by staff, including all comments and conditions. The vote was 9 ayes, 0 noes,
1 absent and 1 recusal (Laha).
January 19, 2006
ITEM NO.: 8 FILE NO.: Z-7784-A
NAME: St. Andrews Church –
Revised Conditional Use Permit
LOCATION: 8300 Kanis Road
OWNER/APPLICANT: St. Andrews Church/Ron Tabor and White-Daters
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow for modification of
buildings, parking and driveways and the addition of a
day care center. The property is zoned R-2.
1. SITE LOCATION:
The property is located on the north side of Kanis Road; just east of
Michael Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoning although it is
bordered on the east, west and south by R-2 zoned properties. Single
family homes are located to the west. The old, Kanis Home Site and
Farm and a recently approved residential subdivision are located to the
south. A nursing home, retirement community and undeveloped O-2
zoned property are adjacent to the north. Multiple commercial uses are
located further to the west, near John Barrow Road and Kanis Park is
further to the east. The proposed use of this site as a church campus
should be compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the John Barrow
and Brownwood Terrace Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The site is proposed to have a single access point; on Kanis Road.
Parking is to all be constructed with the first phase of development. The
Phase II sanctuary will have a seating capacity of 600 persons; requiring
150 parking spaces. The proposed plan shows 227 on-site parking
spaces.
January 19, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
Prior to the any earthwork, it is required to have protective orange fencing
around all of the trees/vegetation shown to be preserved on the
site/grading plan. A sign-off reflecting inspection of proper installation of
the fencing is also required prior to any/all grading on the site.
A 50-foot buffer is required along eastern property line next to the
residentially zoned property. Currently, the detention pond is shown
encroaching into this area. This area is to remain undisturbed.
Screening is required due to the residential use along the western
perimeter of the site. This screening is to be a six (6) foot high opaque
screen, either a wooden fence with its face side directed outward, a wall,
or dense evergreen plantings. Preserved vegetation may suffice for this
screening requirement thus eliminating the need for an opaque fence.
This area is not to be thinned/cleared out and must provide a year around
screening to suffice.
The landscape ordinance requires a minimum of 8% of the paved areas
be landscaped with interior islands of at least 7 ½ feet in width and 150
square feet in area. The western most parking lot is not currently meeting
this minimum requirement. Interior islands should also be evenly
distributed within the parking lot area.
An automatic irrigation system to water landscaped areas will be required.
Prior to a building permit being issued, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling
Landscape Ordinance requirements can be given when properly
preserving trees of six (6) inch caliper or larger.
5. PUBLIC WORKS COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial.
Dedication of right-of-way to 45 feet from centerline will be required.
January 19, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A
3
2. Re-alignment of Kanis Road will be required to remove sub-standard
horizontal curvature. Provide a plan showing the re-alignment.
3. Drivers exiting the church facility require at least 445 ft. of intersection
site distance for left-turn maneuvers and 385 ft. for right-turn
maneuvers (based on 2001 Green Book). Plans and profiles along
with a signed statement stating the proposed driveway location
provides the required site distances must be provided. Relocate
driveway east or excavate hillside away from the right-of-way to the
west.
4. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
5. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
6. Driveway shall be concrete apron and not exceed 36 feet in width.
7. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
8. Provide a sketch grading and drainage plan showing location of
disturbed and undisturbed areas per phase. Per Section 29-189(d),
groups of trees and individual trees that are not to be removed or are
located within required undisturbed buffer areas shall be protected
during construction by protective fencing and shall not be used for
material storage or for any other purpose.
9. A five-year deferral of all street improvements on Kanis Road is not
supported by staff. Staff can support a portion of the street
improvements deferred for five-years or until Phase II construction or
until adjacent property develops or until property on Southside of Kanis
Road develops.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
January 19, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A
4
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
A Capitol Investment Charge based on the size of connection(s) will
apply to this project for connections off the existing 12-inch main in
addition to normal charges.
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). If there are facilities that
need to be adjusted and/or relocated, contact Central Arkansas Water.
That work would be done at the expense of the developer. This
development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Fire Department: One additional fire hydrant may be required and day
care center may be required to be fire sprinkled. Contact LRFD Fire
Marshall at 918-3710.
County Planning: No Comments.
CATA: The site is located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building design and height, signage, site
lighting and dumpster location. Staff asked the applicant to provide additional
information on the proposed day care; including days and hours of operation,
maximum enrollment and number of employees. Staff asked that a phasing plan
for the parking lot and driveways be provided. Staff asked the applicant to
provide an explanation for an area on the site plan labeled as “temporary
parking”. The applicant responded that the area would only be used for overflow
services and was the site of the Phase II building. The applicant stated he would
consider removing that note from the plan. Staff suggested moving the
proposed playground to a point 105 feet from the western property line, to limit
the impact on adjacent single family homes.
Public Works, Utility and Landscape Comments were discussed. There was a
general discussion of the timetable for making improvements to Kanis Road.
The applicant stated he would work with Public Works staff to address the issue.
It was noted that additional buffering was required on the eastern perimeter and
January 19, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A
5
more interior landscaping was needed in the western parking lot. Staff stated all
areas to be undisturbed or preserved were to be protected by reflective orange
fencing during construction and inspected prior to construction.
The applicant was advised to respond to staff issues by Wednesday,
December 28, 2005. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On February 3, 2005, the Planning Commission approved a conditional use
permit to allow for the phased development of this R-2 zoned property by St.
Andrews Church. The approval included five buildings and 225 parking spaces,
a playground and an amphitheater. No development has occurred yet.
The applicant is requesting approval of a revision to the approved C.U.P. to allow
for slight modification of building and parking design and the addition of a
daycare/mother’s day out program.
Phase I will consist of a two-story, 35,000 square foot multipurpose building,
which will be used for worship services, classes and offices. The driveway and
all parking are to be built with Phase I. Phase II will consist of the two-story,
60,000 square foot sanctuary building. This building will have a height of 45 feet
with an additional 20 feet of steeple height. Phase III consists of a two-story,
19,600 square foot classroom and office building. Phase IV consists of a two-
story, 17,000 square foot classroom building. Phase V consists of a two-story,
30,000 square foot multipurpose building. Phasing of the playground,
amphitheater and walking paths is not indicated. An 8-foot tall fence is proposed
to encircle the site. The fence will be black chain link on the rear and sides and
wrought iron on the front.
A 50-foot buffer, 35 feet of which will remain undisturbed, is shown along the
western perimeter where the site is adjacent to single family. The plan has been
adjusted to provide a 50-foot buffer on the eastern perimeter, where the site is
adjacent to undeveloped R-2 zoned property. This undeveloped property to the
east is shown as “future development” and will remain wooded at this time.
Signage is to consist of a single ground-mounted sign and building identification
wall signage. Signage will comply with standards for office and institutional
zones. The buildings are proposed to be constructed with brick and board and
batten exteriors with pitched, shingled roofs. The church also proposes a lighted
cross on the steeple. Site lighting will be shielded downward and into the site.
The amphitheater will be used for outdoor functions, youth activities and
weekend retreats.
On December 28, 2005, the applicant submitted responses to the issues raised
at Subdivision Committee. The dumpster and required screening have been
located at the northwest corner of the Phase I building. Due to the proximity of
January 19, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A
6
single family homes, servicing of the dumpster should be limited to regular
business hours; 7:00 a.m. – 6:00 p.m. Screening in the form of a 6-foot tall
opaque fence or dense evergreen plantings will be added to the west perimeter if
the preserved vegetation is not dense enough to provide sufficient screening.
The playground has been moved to the east to provide a 100-foot setback from
the west property line.
Overall, the principal differences between this plan and the approved plan are:
(1) building area has been reduced from 178,600 square feet to 161,600 square
feet, (2) the addition of parking west of the buildings where previously only a
driveway was shown; and (3) the addition of a daycare/mother’s day out
program.
The applicant has stated the day care/mother’s day out program will operate
Monday through Friday, 8:30 a.m. to 11:30 a.m. No numbers were provided for
enrollment or employees. The applicant states this use is not immediate; best
projection is 18 months before start up. Total numbers will be determined by
demand and DHS regulations. Staff would suggest setting enrollment and
employee caps of 75 and 20 respectively. If, at some point in the future,
additional numbers are needed, the applicant can return to the Commission.
Otherwise, the sole remaining issue appears to be the timing of required
improvements to Kanis Road. Staff is continuing to review the issue and is
supportive of a limited deferral of some of the improvements for 5 years or until
Phase II. Staff also would prefer to see road improvements on the north side of
Kanis coincide with development on the south side. A recommendation on this
issue will be provided.
Staff believes the proposed revision to the approved C.U.P. is appropriate. The
applicant has done a good job of responding to issues raised by staff. This
acreage tract is not covered by a bill of assurance.
STAFF RECOMMENDATION:
Staff recommends approval of the requested revision to the approved 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. All buffer areas and undisturbed areas are to be marked and protected by
construction fencing during all phases of construction.
4. The use of any amplification associated with the amphitheater is to be such
that the sound does not travel beyond the perimeter of the site.
January 19, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A
7
5. The day care/mother’s day out program is to be limited to an enrollment of 75
children with 20 employees.
6. Pickup/service of the dumpster is to be limited to the hours of 7:00 a.m. to
6:00 p.m.
7. Use of the playground area is to be limited to day light hours.
Staff recommends approval of the requested height variance to allow the
sanctuary building to be 45 feet in height with an additional 20 feet for the
steeple.
Staff recommends approval of a fence height variance to allow the 8-foot fence
subject to the fence along the street frontage being constructed of wrought iron
with or without brick columns. The columns shall not extend more than 2 feet
above the fence height.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. Staff also
recommended approval of the building height and fence height variances as
noted in the “Staff Recommendation” above. Staff also added the following
comment for the record; “With development, St. Andrews is going to do
improvements on their side of Kanis Road consisting of excavation and some
widening to relieve the sight distance problem in accordance with “Green Book”
Transportation Standards. Public Works supports a deferral of the requirement
of the boundary street ordinance for 5 years or until Phase II development, or
until adjacent development including development across Kanis Road, occurs.”
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff, including all comments and conditions and the building and fence height
variances. The vote was 10 ayes, 0 noes and 1 absent.
January 19, 2006
ITEM NO.: 9 FILE NO.: Z-7816-A
NAME: Milam – Deerman Duplexes – Conditional Use Permit
LOCATION: SE corner of West 32nd and Ludwig Streets
OWNER/APPLICANT: Russell Milam and Michael Deerman
PROPOSAL: A conditional use permit is requested to allow for the
construction of a duplex residence on each of the
three, R-3 zoned lots located at the SE corner of
Ludwig and West 32nd Streets.
1. SITE LOCATION:
The lots are located on the east side of Ludwig Street, south of West 32nd
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
These same applicants have recently completed three duplexes on the
R-3 zoned properties to the south. The R-3 property to the east is
currently vacant. Single family residences are located to the west and
north. A church is located at 34th and Ludwig, one block to the south.
Staff believes the proposed duplexes provide a good transition from the
commercial development along John Barrow Road to the residential
neighborhood extending to the west. The Land Use Plan recommends
Mixed Office Commercial for the properties directly adjacent to the rear of
these lots, fronting onto John Barrow Road. Staff believes it is important
that the Ludwig Street frontage of the proposed duplex development be
sensitive to the residential neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the John Barrow
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
Each duplex is required to have three on-site parking spaces; 1.5 per unit.
The plan provides for rear access to parking spaces located behind each
duplex. Parking is off of an improved alley/driveway, which will extend
from 32nd to 33rd Streets.
4. SCREENING AND BUFFERS:
No comments.
January 19, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-7816-A
2
5. PUBLIC WORKS COMMENTS:
1. Duplex construction on existing platted lots is exempt from boundary
street and storm water detention ordinances.
2. Width of driveway cuts is limited to 20 feet per lot.
3. New driveway apron recently installed at alley and 33rd Street as part
of previous application does not have 5 feet flared end sections as
required by City code. Staff was not contacted for inspection of new
driveway as required by City code prior to installation. Driveway apron
must be removed or modified to meet City standards.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water regarding size and location of
water meters.
Fire Department: Install fire hydrant per code. Contact LRFD Fire
Marshall at 918-3710.
County Planning: No Comments.
CATA: The site is not located on or near a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicants were present. Staff presented the item and noted little additional
information was needed. Staff noted that the parking pads at the rear of the
units needed to be widened to accommodate three vehicles. In response to a
question from staff, the applicants stated there would be no fencing beyond what
might typically be allowed in the R-3 district.
Public Works Staff stated the driveway, which was constructed with the previous
three duplexes, was not built to City code. The applicants were advised to work
with City staff to address that issue.
January 19, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-7816-A
3
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The applicants are requesting approval of a conditional use permit to allow for
construction of a duplex residence on each of these three, R-3 zoned lots. On
April 28, 2005, the Commission approved a C.U.P. for these same applicants to
construct duplexes on the three lots directly to the south. Those duplexes are
completed.
Each structure is to be 34’ X 64.5’ in size. Each unit of the duplex will have
1,096.5 square feet of area. The duplex will be a front-to-back design with side
entrance. Each unit will contain 3 bedrooms, one bath, kitchen, dining and living
rooms. A driveway will be extended off of West 33rd Street, along the alley right-
of-way. Parking will be located at the rear of each unit. The structures will be
one-story with vinyl siding and shingled hip roofs. A dormer will be built into the
roof facing Ludwig Street. Landscaping, consisting of trees and shrubs, will be
planted along the front of each unit. Sidewalks will be constructed from the front
entrance of each unit to the parking area at the rear. The properties will be
owned and managed by the applicants, Russ Milam and/or Michael Deerman.
Management includes the oversight of the grounds and property maintenance,
possible tenant screening, background checks and rent payment collections.
Staff believes the proposed duplexes are an appropriate use for these lots. The
duplex residences will provide a good transition from the commercial uses along
John Barrow Road to the residential neighborhood. The applicants have
addressed staff concerns related to design by relocating the parking to the rear
of the site and making some design commitments related to the Ludwig Street
façade of each unit.
To staff’s knowledge, the only outstanding issue is the driveway which was
constructed with the first set of duplexes. That driveway is to extend from West
33rd to West 32nd Streets to provide access to all six duplexes. The driveway, at
the 33rd Street connection, was not constructed to compliance with City code and
must be modified. The applicant is to work with Public Works Staff to rectify the
issue. Final plans will have to be submitted showing the proper width for the
parking pads. No fencing plans were submitted. Fencing will be allowed that
complies with R-3 zoning district standards.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the comments and conditions outlined in sections 5 and 6 of the agenda staff
report.
January 19, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-7816-A
4
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicants were present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation above. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff, including all comments and conditions. The vote was 10 ayes, 0 noes and
1 absent.
January 19, 2006
ITEM NO.: 10 FILE NO.: Z-7980
NAME: Entergy Substation – Conditional Use Permit
LOCATION: 14250 Colonel Glenn Road
OWNER/APPLICANT: Minton, LLC/Entergy Arkansas by Bill Stephens
PROPOSAL: A conditional use permit is requested to allow for the
construction of an Entergy Utility Substation on this
R-2 zoned tract.
STAFF UPDATE:
On December 22, 2005, at the Subdivision Committee meeting, the applicant
requested deferral of the C.U.P. to coincide with a preliminary plat application
that is necessary to address the issue of subdividing the property. On January 9,
2006, the applicant requested deferral of the item to the May 11, 2006 agenda.
Staff recommends deferring the item.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item to the
May 11, 2006 meeting. There was no further discussion.
The item was placed on the Consent Agenda and approved for deferral to the
May 11, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent.
January 19, 2006
ITEM NO.: 11 FILE NO.: Z-7982
NAME: Oak Forest United Methodist Church –
Conditional Use Permit
LOCATION: 2415 Fair Park Blvd.
OWNER/APPLICANT: Trustees of the Oak Forest United Methodist Church/
Randy Frazier
PROPOSAL: A conditional use permit is requested to allow a
residential structure on this R-3 zoned church site
to be used for a neighborhood health clinic ministry.
1. SITE LOCATION:
The church is located on the east side of Fair Park Blvd., between 24th
and 25th Streets. The proposed clinic is to be operated out of the
structure at 2404 Tyler Street, behind the main church building.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church has been located in this residential neighborhood for many
years. This C.U.P. serves two purposes; to bring the existing church into
zoning compliance and to allow the additional health care ministry. No
building or parking expansions are proposed. Neither action will affect the
church’s continued compatibility with the neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Oak Forest,
Curran Conway, Oak Forest ACORN and Oak Forest Initiative
Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
No changes are being proposed to the existing drives or parking. Visitors
to the proposed health clinic will park in the adjacent, existing church
parking lot.
4. SCREENING AND BUFFERS:
No comments, all improvements existing.
5. PUBLIC WORKS COMMENTS:
No Comments.
January 19, 2006
ITEM NO.: 11 (Cont.) FILE NO.: Z-7982
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are needed.
Fire Department: Contact Fire Marshall for specific requirements for
converting this residential structure into the proposed use.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicant was present. Staff presented the item and noted that additional
information was needed regarding signage and days and hours of operation of
the proposed health clinic. The committee’s discussion focused on the issue of
days and hours of operation. It was felt that a neighborhood clinic operating for
3-4 hours, 3 days a week could be an appropriate ancillary ministry of the church
but a clinic that operated for more hours and days might not be viewed as
appropriate. The applicant stated he would try to tie-down the days and hours of
operation.
The applicant was advised to provide a response by Wednesday, December 28,
2005. The committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Oak Forest United Methodist Church occupies the R-3 zoned property at 2415
Fair Park Blvd. The church owns the block bounded by Fair Park Blvd., Tyler,
West 24th and West 25th Streets other than the two lots at the northeast corner of
the block. The church has existed at this site for many years, predating the
requirement of a conditional use permit. The church is requesting approval of a
C.U.P. for two purposes. First, to bring the existing church into compliance with
the Zoning Ordinance requirement of a C.U.P. Second, to add a neighborhood
health ministry using the structure at 2404 Tyler Street. No changes are
January 19, 2006
ITEM NO.: 11 (Cont.) FILE NO.: Z-7982
3
proposed to the church activities, operations and uses. As with other churches,
its use will continue to be on Sundays with various church related activities
throughout the week. No additional buildings or parking are proposed. The bill
of assurance for Cherry and Cox Addition does not address use issues.
The church proposes to add a neighborhood health center ministry, using the
structure at 2404 S. Tyler Street. This ministry is to be conducted in partnership
with Fellowship Bible Church who will provide the financial resources to prepare
the structure for initial operations and serve initially as the primary source for
recruiting funds for ongoing operations. A Board will be formed that will have
responsibility for the operation of the health clinic ministry. The Board will initially
include representation from the two churches with an openness to include
representation from other churches in the neighborhood who might want to
actively participate in the partnership. All partnering churches will be invited to
provide volunteers to serve in operation of the clinic.
The purpose of the neighborhood health center is to provide ministry to the
neighborhood; including health education classes, life skills classes and limited
medical care. It will not be a primary care clinic or other comprehensive medical
care clinic. The structure will also be used for other routine church activities,
classes and religious uses. The health center will have limited hours throughout
the week depending on the needs of the neighborhood and availability of
volunteers. The church initially anticipates that it will operate 3 days a week for
approximately 4 hours a day beginning no earlier than 4:30 p.m.
Signage for the overall church property will remain the same as it is now. A sign,
no larger than 3’ X 5’, will be placed on the façade of the building at 2404 Tyler
Street identifying it as a neighborhood health center. Patrons will use the
existing church parking lot which is located adjacent to the south. Directional
signs in the parking area will indicate the direction to the building and designated
parking for its patrons.
Staff is supportive of the requested C.U.P. on both levels; to recognize the
existing church and to add the health care ministry. The new ministry should
prove to be an asset to the neighborhood. Its limited days and hours of
operation should assure that the new use does not negatively impact
surrounding residents.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Days and hours of operation of the health clinic are to be limited to 3 days a
week for no more than 4 hours each day beginning at 4:30 p.m. as proposed
by the applicant.
January 19, 2006
ITEM NO.: 11 (Cont.) FILE NO.: Z-7982
4
2. Signage on the health clinic is to be limited to the 3’ X 5’ wall sign as
proposed by the applicant.
3. Compliance with any applicable building code, fire department and utility
requirements for conversion of this residential structure into the proposed
health clinic use.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff, including all comments and conditions. The vote was 10 ayes, 0 noes and
1 absent.
After the Consent Agenda portion of the hearing was closed, an individual
approached staff and turned in a card in opposition to the item.
January 19, 2006
ITEM NO.: 12 FILE NO.: Z-7253-C
NAME: Verizon Wireless – Tower Use Permit
LOCATION: 2416 West 16th Street
OWNER/APPLICANT: Little Rock School District/Verizon Wireless
PROPOSAL: A tower use permit is requested to allow for
placement of a wireless communication facility on this
R-4 zoned property.
1. SITE LOCATION:
The proposed WCF is to be located within the confines of Quigley
Stadium, on the Central High School campus.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The applicant proposes to place antennae on one of the existing light
standards which are located around the perimeter of the football stadium.
The equipment will be placed beneath the stands, within the 8-foot tall
wall that surrounds the stadium. Staff believes this is a good stealth
design that will have no effect on the neighborhood or school campus.
The National Park Service has no objections to the proposal.
All owners of property located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Central High
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the WCF will be via an existing gate off of West 16th Street. An
access easement will be extended through the gate to the WCF site. The
WCF is located in the area that is currently paved, providing adequate
parking for any technician visiting the site.
4. SCREENING AND BUFFERS:
The WCF requirements for screening and landscaping include an 8-foot
tall screening fence around the compound and a 6-foot wide landscape
strip surrounding the screening fence. The applicant proposes to enclose
the lease area with an 8-foot tall brick wall to match the existing building it
is adjacent to. The WCF is located in an area that is asphalt paved. Both
the applicant and the Little Rock School District are requesting a deferral
of the landscape requirements. Staff supports the deferral.
January 19, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-7253-C
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer service not required for this project.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: No Comments.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A bus route is
located 4 blocks to the north, along West 12th Street.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005)
The applicant was present. Staff presented the item and noted there was no
additional information needed. There were no other comments from other
reviewing agencies. The committee complemented the applicant on the design
of the WCF; using the existing light standard. The committee determined there
were no other issues and forwarded the item to the full Commission.
STAFF ANALYSIS:
Verizon Wireless is requesting approval of a Tower Use Permit to allow for
construction of a wireless communication facility (WCF) on the Central High
School property located at 2416 West 16th Street. Verizon proposes to place an
antennae array on an existing, 105-foot tall light standard which is located on the
east side of Quigley Football Stadium. The equipment is to be placed within a
600 square foot lease area at the base of the light standard. The stadium is
enclosed by an 8-foot tall wall. The equipment for the WCF will be located within
the walled area, behind the east bleachers. The site of the WCF compound is
asphalt paved. The WCF compound will be enclosed by an 8-foot tall brick wall
to match an existing building it is adjacent to. Access to the WCF site will be via
an existing gate onto the stadium property off of West 16th Street. The WCF site
January 19, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-7253-C
3
is located 200+ feet from the south property line and 400+ feet from the north
property line. The Equivalent Isotropically Radiated Power (EIRP) for this
installation is 890 watts or less. The FCC rule permits up to 1,640 watts EIRP for
this type of installation.
A tower use permit is required because the site will not have the 6-foot wide
landscape strip surrounding the WCF compound. The compound is located on
an asphalt paved area, within the walled compound surrounding the football
stadium. Verizon and LRSD are requesting a deferral of the landscape
requirement. Staff supports the deferral.
The Central High School campus is a National Historic Site. The National Park
Service has no objection to this proposal.
To staff’s knowledge, there are no outstanding issues. This is a good example
of using existing elements to fit a WCF into an area without having an impact on
nearby properties.
STAFF RECOMMENDATION:
Staff recommends approval of the Tower Use Permit. Staff recommends
approval of a deferral of the landscape requirements until a “major change in
circumstances” as defined by Section 36-593(c)(6)(b) of the Code.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval, including the deferral of the
landscape requirements as noted in the “Staff Recommendation” above. There
was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
January 19, 2006
ITEM NO.: 13 FILE NO.: Z-7983
NAME: Verizon Wireless – Tower Use Permit
LOCATION: 14301 Cantrell Road
OWNER/APPLICANT: J. G. Construction Company of Little Rock/
Verizon Wireless
PROPOSAL: A tower use permit is requested to allow for
construction of a wireless communication facility with
support structure (tower) on this C-3 zoned property.
STAFF REPORT:
On December 28, 2005, the applicant requested deferral of this item. Staff
recommends deferral to the March 2, 2006 meeting.
PLANNING COMMISSION ACTION: (JANUARY 19, 2006)
The applicant was present. There were no objectors present. Staff informed the
Commission that the applicant had requested deferral of the item to the March 2,
2006 meeting. There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 2, 2006
Agenda. The vote was 10 ayes, 0 noes and 1 absent.