pc_04 13 2006
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
APRIL 13, 2006
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Pam Adcock
Gary Langlais
Troy Laha
Robert Stebbins
Jerry Meyer
Lucas Hargraves
Fred Allen, Jr.
Chauncey Taylor
Jeff Yates
Members Absent: Darrin Williams
Mizan Rahman
City Attorney: Cindy Dawson
III. Approval of the Minutes of the March 2, 2006 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
APRIL 13, 2006
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-7983 Verizon Wireless – Tower Use Permit
14301 Cantrell Road
B. Z-7993 Scrubbs Day Care Family Home – Special Use Permit
2815 Vancouver Drive
C. Z-7994 Quality Living Center – Group Home –
Special Use Permit
3925 Asher Avenue
D. Z-7992 Caradine Adult Day Care – Conditional Use Permit
1101 Cumberland
E. Z-7573-B Hicks Beauty Products and Salon –
Conditional Use Permit
6805 West 12th Street, Suite H
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. Z-3371-P Rezoning from C-3 and C-4 to C-4 and C-3
East side of David O Dodd Road, 200 feet south of
Colonel Glenn Road
2. Z-5936-F Rezoning from MF-18, O-2 and C-3 to R-2, O-3,
C-3 and OS
Northwest corner of Chenal Parkway and Rahling Road
3. Z-8009 Rezoning from R-2 to I-1
5500 S. Shackleford Road
4. Z-8019 Rezoning from I-2 to C-3
Southeast corner of West 65th Street and Interstate 30
Agenda, Page Two
II. NEW BUSINESS: (Continued)
Item Number:
File Number:
Title
5. Z-2959-F Fidelity Information Services – Zoning Site Plan Review
4001 N. Rodney Parham
6. Z-4973-E Splash Car Wash – Revised Conditional Use Permit
3021 Cantrell Road
7. Z-7375 Splash Car Wash – C.U.P. Time Extension
7100 Cantrell Road
8. Z-7953-A Akins Duplex – Conditional Use Permit
3004 State Street
9. Z-8020 MEMS Ambulance Substation –
Conditional Use Permit
#4 Pine Mountain Road
10. Z-8021 Firetree, Ltd. Correctional Facility –
Conditional Use Permit
3215 Brown Street
11. Z-8022 Splash Car Wash – Conditional Use Permit
12700 Chenal Parkway
12. Z-8023 Changing Channels Ministries Church Day Center –
Conditional Use Permit
1624 S. Cleveland Street
13. MSP06-01 Master Street Plan Amendment
Rahling Road to Rock Creek, East of Kirk Road
14. LU06-18-03 Land Use Plan Amendment in Ellis Mountain District
from Multifamily to Commercial southwest of Kirk Road
and Chenal Parkway.
15. LU06-19-01 Land Use Plan Amendment in the Chenal District from
Neighborhood Commercial, Office and Low Density
Residential to Mixed Office Commercial, east of Kirk
Road north of Chenal Parkway.
Agenda, Page Three
II. NEW BUSINESS: (Continued)
Item Number:
File Number:
Title
16. LU06-19-02 Land Use Plan Amendment in the Chenal District from
Single Family, Low Density Residential, Multifamily,
Neighborhood Commercial, and Office to Single
Family, Office, Commercial, and Mixed Office
Commercial in the area west of Chenal Parkway and
north of Kanis.
17. LU06-14-01 Land Use Plan Amendment in the Geyer Springs
District from Industrial, Commercial, Mixed Office
Commercial, Low Density Residential, Mobile Home
and Single Family to Light Industrial, Mixed Office
Commercial, Multifamily, Low Density Residential and
Public Institutional in the area between Fourche Bayou,
I-30 and Geyer Springs Road.
18. LA-0004 Valley Springs Timber Harvest
West side of Geyer Springs Road, south of Baseline
Road.
April 13, 2006
ITEM NO.: A 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.
STAFF REPORT:
On February 8, 2006, the applicant requested deferral of this item. The applicant
is continuing to work on site location so as to minimize the effect on neighboring
properties. Staff recommends deferral to the April 13, 2006 meeting.
PLANNING COMMISSION ACTION: (MARCH 2, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 13, 2006
meeting. The vote was 10 ayes, 0 noes and 1 absent.
April 13, 2006
ITEM NO.: A (Cont.) FILE NO.: Z-7983
2
STAFF UPDATE:
On March 28, 2006, the applicant requested that this item be withdrawn. Staff
recommends approval of the withdrawal requests.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission of the withdrawal request. There was no further discussion.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: B FILE NO.: Z-7993
NAME: Scrubbs Day Care Family Home –
Special Use Permit
LOCATION: 2815 Vancouver Drive
OWNER: Verna Scrubbs
APPLICANT: Verna Scrubbs
PROPOSAL: A special use permit is requested to allow a Day
Care Family Home to be operated in the single
family residence located on the R-2 zoned property
at 2815 Vancouver Drive.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow
Neighborhood Association were notified of the public hearing.
B. Staff Analysis:
2815 Vancouver Drive is located on the northeast corner of Vancouver
Drive and West 29th Street. All surrounding properties are zoned R-2 and
contain single family residences.
The applicant’s home is a one-story brick structure, and is typical of those
in the general area. The rear/side yard is fenced and provides a safe play
area. The applicant proposes to operate the day care from 7:30 a.m. to
6:00 p.m., Monday through Friday. The applicant has noted that she will
have an employee(s) as required by the State Department of Human
Services, depending on the ages of the children.
There is a two-car wide concrete driveway from West 29th Street, with
parking for four (4) vehicles. Staff feels that this will allow sufficient space
for drop-off and pick-up of children. On inspection of the site, staff
observed no vehicles parked on unpaved areas. Staff also observed no
vehicles on the site, which were not operational.
The applicant is currently providing care for five (5) children at this
location, and has been doing so for a few months. The applicant is in the
process of being licensed by the State for up to ten (10) children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single family zones will be permitted. The
April 13, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7993
2
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1962 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. LAND USE AND BUILDING TYPE. No lot shall be used
except for residential purposes. No building shall be
erected, altered, placed, or permitted to remain on any lot
other than one detached single family dwelling not to exceed
2 ½ stories in height and a private garage for not more than
two cars.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
April 13, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7993
3
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issue associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 9, 2006)
Verna Scrubbs was present, representing the application. Staff presented
the proposed special use permit request. Staff noted that inspection of
the site revealed no violation of the ordinance requirements for day care
family homes. Staff noted that the applicant is currently caring for up to
five (5) children at this location. Staff also explained that this property is
not located within 300 feet of another day care family home or day care
center.
There being no further issues for discussion, the Committee forwarded
the application to the full Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 2815 Vancouver Drive, subject to the following conditions:
April 13, 2006
ITEM NO.: B (Cont.) FILE NO.: Z-7993
4
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
PLANNING COMMISSION ACTION: (MARCH 2, 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 April 13, 2006 Agenda.
The item was placed on the Consent Agenda and deferred to the April 13, 2006
Agenda. The vote was 10 ayes, 0 nays and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was present. There were no objectors present and no letters of
opposition had been received. Staff presented the item and a recommendation
of approval subject to compliance with the conditions outlined in the “Staff
Recommendation” above. The item had been on the Consent Agenda but had
been pulled at the request of a Commissioner.
The applicant addressed the Commission and asked for approval.
Ruth Bell, of the League of Women Voters of Pulaski County, spoke in support
of the application.
Commissioner Laha expressed concerns about vehicles being parked on the
lawn and the subdivision’s bill of assurance. The applicant responded that one
vehicle belonged to the person remodeling her home and other vehicle was one
she was trying to sell. She stated she was not aware of the bill of assurance
issue. There was no further discussion.
A motion was made to approve the application as recommended by staff. The
motion was approved by a vote of 7 ayes, 2 noes and 2 absent.
April 13, 2006
ITEM NO.: C FILE NO.: Z-7994
NAME: Quality Living Center – Group Home –
Special Use Permit
LOCATION: 3925 Asher Avenue
OWNER: Bill Rush
APPLICANT: Dino Davis
PROPOSAL: A special use permit is requested to allow use of the
existing commercial building on C-4 zoned property
as a group home for up to 60 persons.
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 Midway, Goodwill and
Love Neighborhood Associations were notified of the public hearing. As
of this writing, staff knows of no opposition to the proposed special use
permit.
C. Staff Analysis:
3925 Asher Avenue is located at the southeast corner of Asher Avenue
and Cedar Street. The property contains a two-story commercial building,
which fronts Asher Avenue. There is paved parking along the west and
south sides of the building, with an entry drive at the southwest corner of
the property. There is currently a motorcycle sales/service business
located on the property.
The general area contains a mixture of zoning and uses. There is a
mixture of office and commercial type uses to the east, west and north
along Asher Avenue. There are single family and two-family residential
uses located further north. Industrial uses (zoned I-2) are located to the
south.
The applicant, Quality Living Center, proposes to utilize the existing 6,000
square foot commercial building as a group home. The residential facility
will serve as a transitional living facility and provide chemical free living for
up to 60 persons (male and female). The applicant notes that the
proposed group home will comply with Section 8-406 of the City code,
April 13, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-7994
2
which provides minimum area living and bedroom requirements for
residential uses. Quality living center will have two (2) live-in employees
who will have bedroom and office space on the building’s second floor.
There will be three (3) additional off-site employees. Clients in the
program will also assist in the day-to-day operation of the facility. There
will be classes and counseling provided on the site. A copy of the Quality
Living Center business description and proposed daily schedule have
been provided and are attached for Commission review.
The site is located on CATA Bus Route #14 (Rosedale Route). This route
runs from Downtown Little Rock to Shackleford Road. The applicant
notes that the clients will have access to the bus route, with some limited
transportation provided by the center. After satisfactory progression in
Quality Living Center’s program, clients will be allowed to have personal
vehicles. There are 15 off-street parking spaces located on the property.
The number of clients allowed to have personal vehicles will not exceed
the number of available off-street parking spaces.
Quality Living Center will provide 24 hour monitoring of the property.
There will be on-site staff members available 24 hours per day to assist in
any potential problems. The Center will install surveillance cameras to
provide continuous monitoring of the building and property.
There will be one (1) main entrance and exit to the building. A sign-in and
out area will be available for clients and visitors to the facility. Emergency
exit doors will be available and secured with an alarm system to alert staff
of any unauthorized entrance or exit of the building. The center will
comply with all policies and procedures concerning fire safety codes.
Quality Living Center is a 501(c)3 non-profit organization and will apply for
a state license for the facility from the Arkansas Department of Alcohol
Prevention. The center will operate with an outside board of five (5)
directors, including local business owners and community leaders.
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
April 13, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-7994
3
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:
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 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.
Quality Living Center has an existing facility at 2900 Cedar Street (across
April 13, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-7994
4
Cedar Street to the west), which provides chemical free living for 10 to 15
persons. The Magnolia Retirement and Disability Center (assisted living
center) is located 3601 W. Roosevelt Road. The Compassion Center
(homeless shelter) is located within the 3600 block (north side) of West
Roosevelt Road. The Easter Seals/St. Francis Home facility (residential
facility) is located at 2701 S. Elm Street. The Serenity Recovery Center is
located at 3921 Asher Avenue. This center only provides counseling-type
needs and is not a residential facility.
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 provides of Section 36-54 of the Zoning
Ordinance. The applicant has requested no variances from those
provisions. The site is located on Asher Avenue, which is classified as a
principal 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 for this property. The Bill of Assurance was
recorded in 1914 and addresses no use issues. As noted previously, the
applicant has noted that the 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.
Staff believes the proposed group home will have no adverse impact on
the general area.
D. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006)
Dino Davis and Curtis Keith were present, representing the application.
Staff briefly described the proposed group home use. Staff requested
additional information on the proposed group home, including: area of
structure/area of bedrooms, maximum number of clients, number of
employees, services provided, and transportation/parking.
The applicant was advised to respond to staff issues by March 29, 2006.
The Committee then forwarded the application to the full Commission.
After the Subdivision Committee meeting, the applicant provided staff with
all additional information as requested.
E. Staff Recommendation:
Staff recommends approval of the special use permit to allow a group
home at 3925 Asher Avenue, 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 will have a maximum of 60 residents.
April 13, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-7994
5
3. All building code requirements must be met, with conversion of the
structure to a residential facility.
PLANNING COMMISSION ACTION: (MARCH 2, 2006)
Staff informed the Commission that the applicant requested (on February 9,
2006) the application be deferred to the April 13, 2006 Agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the April 13, 2006
Agenda. The vote was 10 ayes, 0 nays and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was present. There were no objectors present and no letters of
opposition had been received. Staff presented the item and a recommendation
of approval subject to compliance with the conditions in the “Staff
Recommendation” above. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: D FILE NO.: Z-7992
NAME: Caradine Adult Day Care Center –
Conditional Use Permit
LOCATION: 1101 Cumberland
OWNER/APPLICANT: Wallace Caradine
PROPOSAL: A conditional use permit is requested to allow an adult
day care center and associated office to operate in
the existing building located on the R-4A zoned
property.
STAFF UPDATE:
On February 15, 2006, the applicant requested deferral of the item. The
applicant is preparing responses to the issues raised at Subdivision Committee.
Staff recommends deferring the item to the April 13, 2006 agenda.
PLANNING COMMISSION ACTION: (MARCH 2, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item.
The item was placed on the Consent Agenda and approved for deferral to the
April 13, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
On March 27, 2006, the applicant requested deferral of this item. Staff
recommends deferring the item to the May 25, 2006 agenda.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the May 25, 2006
Agenda by a vote of 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: E FILE NO.: Z-7573-B
NAME: Hicks Beauty Products and Salon –
Revised Conditional Use Permit
LOCATION: 6805 West 12th Street, Suite H
OWNER/APPLICANT: Danny Thomas Properties/Aundria Hicks
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow for an expansion of this
beauty salon and associated retail sales of beauty
products. The property is zoned I-2.
ORDINANCE DESIGN STANDARDS:
1. SITE LOCATION:
The property is located on the south side of West 12th Street; ½ block east
of Westpark Drive. The suite is located in the second building off of the
street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
All surrounding properties south of West 12th Street in this area are zoned
I-2 and are occupied by a variety of warehousing, wholesaling and
commercial uses. Allowing the proposed expansion of this existing use
appears to be compatible with uses in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Leander and University
Park Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The existing business occupies 2,800 square feet. The proposed
expansion will add 1,600 square feet, for a total 4,400 square feet;
requiring 22 parking spaces. Parking spaces are located in front of,
behind and beside each of the buildings on the site. Other than for the
spaces directly adjacent to West 12th Street, much of the parking appears
unused. There appears to be sufficient parking available on the site.
4. SCREENING AND BUFFERS:
No Comments.
April 13, 2006
ITEM NO.: E (Cont.) FILE NO.: Z-7573-B
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
Reliant: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: A CATA bus route is located along West 12th Street, in front of
this site.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 9, 2006)
The applicant was present. Staff presented the item and requested additional
information regarding number of employees and days and hours of operation.
Staff asked the applicant to provide information on proposed “school and
classes” which were included in the application. There was no additional
discussion.
The applicant was instructed to respond to staff issues by February 15, 2006.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On June 9, 2005, a conditional use permit was approved to allow this applicant
to operate a beauty salon and to sell beauty products in this 2,800 square foot
lease space. This I-2 zoned property contains three buildings which are leased
to a variety of wholesale, warehouse and commercial uses. The business was
approved to operate Monday – Saturday, 8:00 a.m. – 9:00 p.m. with 5 to10
employees.
April 13, 2006
ITEM NO.: E (Cont.) FILE NO.: Z-7573-B
3
The applicant proposes to expand into the remaining 1,600 square feet of the
lease space; for a total of 4,400 square feet. The applicant proposes to expand
both the beauty salon and retail beauty product sales aspects of her business.
Additionally, she proposes to add school training and classes in cosmetology.
Classes are to be offered only to licensed stylists and would be held twice a
month for one or two days; typically on Mondays and Tuesdays. To
accommodate the growth in the business, the applicant proposes to add an
additional 5 to 10 employees. No changes are proposed to the previously
approved days and hours of operation. Signage is to consist of a wall sign and
space on the center’s tenant identification ground sign.
To staff’s knowledge there are no outstanding issues. There is no bill of
assurance issue. With the current tenant use mix on the overall site, parking
should not be an issue. The property owner/management company has
authorized this action.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. application, as filed.
PLANNING COMMISSION ACTION: (MARCH 2, 2006)
The applicant was not present. There were no objectors present. Staff
presented a recommendation of deferral. There was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 13, 2006
Agenda. The vote was 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had not completed the notification
requirement. There was no further discussion. The item was placed on the
Consent Agenda and deferred to the May 25, 2006 Agenda by a vote of 8 ayes,
0 noes and 3 absent.
April 13, 2006
ITEM NO.: 1 FILE NO.: Z-3371-P
Owner: Colonel Glenn Development Company
Applicant: Tim Daters; White-Daters and Associates
Location: East side of David O Dodd Road, 200 feet
south of Colonel Glenn Road
Area: 3.28 Acres (C-3 to C-4)
0.269 Acre (C-4 to C-3)
Request: Rezone from C-3 and C-4 to C-4 and C-3
Purpose: Auto dealership (proposed C-4)
Future development (proposed C-3)
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Branch bank facility and office/office-warehouse type uses;
zoned C-3, C-2 and POD
South – Undeveloped property and movie theatre; zoned C-3
East – Undeveloped property and auto dealerships; zoned C-4
West – Convenience store and undeveloped property (across
David O Dodd Road); zoned C-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for
Progress and John Barrow Neighborhood Associations were notified of
the public hearing.
April 13, 2006
ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-P
2
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for C-3 and C-4 zoning for retail uses.
The request does not require a change to the Land Use Plan.
Master Street Plan:
David O Dodd is shown as a Minor Arterial on the Master Street Plan and
Colonel Glenn Court is shown as a Local Street. These streets may require
dedication of right-of-way and may require street improvements.
A Minor Arterial provides connections to and through an urban area and
their primary function is to provide short distance travel within the urbanized
area. Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on David O Dodd Street since it is a Minor Arterial.
The primary function of a Local Street is to provide access to adjacent
properties. Local Streets which area abutted by non-residential zoning/use
or more intensive zoning than duplexes are considered as “Commercial
Streets”. These streets have a design standard the same as a Collector.
Bicycle Plan:
A Class I Bike Route is shown 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:
Colonel Glenn Development Company, owner of the 3.549 acre property
located on the east side of David O Dodd Road (approximately 200 feet
south of Colonel Glenn Road), is requesting to rezone 3.28 Acres from
“C-3” General Commercial District to “C-4” Open Display District and 0.269
acre along the west side of Colonel Glenn Court from C-4 to C-3. The
rezoning from C-3 to C-4 is proposed for development of an auto
dealership. The small portion proposed from C-4 to C-3 will make the entire
lot at the southwest corner of Colonel Glenn Court and Colonel Glenn Road
C-3; for future commercial development.
April 13, 2006
ITEM NO.: 1 (Cont.) FILE NO.: Z-3371-P
3
The property is currently undeveloped and mostly grass covered. There is
a mixture of uses and zoning in this general area. There is a branch bank
facility immediately to the north, with office/office-warehouse type uses
further north across Colonel Glenn Road. Undeveloped C-3 zoned property
and a movie theatre are located to the south. There are undeveloped C-4
zoned property and auto dealerships to the east. A new convenience store
development and undeveloped C-3 zoned property are located across
David O Dodd Road to the west.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-4 and C-3 zonings do not require a change to the Land
Use Plan.
Staff does not support the requested rezoning to C-4. For some time Staff
has envisioned the C-3 portion of the I-430 Colonel Glenn Commercial
Subdivision being developed as support uses, restaurant and retail uses,
for the large Rave Movie theatre development. Staff feels that this is still a
viable zoning pattern. There are other options for development of auto
dealerships in this area. There is additional undeveloped C-4 zoned
property within the I-430 Colonel Glenn Commercial Subdivision. There is
also a very large area of undeveloped C-2 zoned property to the north at
the northwest corner of I-430 and Colonel Glenn Road. This zoning could
allow an auto dealership as a conditional use permit.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item. There
was no further discussion. The item was placed on the Consent Agenda and
deferred to the May 25, 2006 Agenda by a vote of 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 2 FILE NO.: Z-5936-F
Owner: Deltic Timber Corporation
Applicant: Tim Daters; White-Daters and Associates
Location: Northwest corner of Chenal Parkway and
Rahling Road
Area: 40.03 Acres
Request: Rezone from MF-18, O-2 and C-3 to R-2, O-3,
C-3 and OS
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Residential uses and Chenal golf course; zoned R-2 and MF-6
South – Undeveloped property and residential uses; zoned R-2
East – Undeveloped property; zoned C-2
West – Residential uses and Chenal Golf Course; zoned R-2 and MF-18
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of properties located within 200 feet of the site and all residents
within 300 feet who could be identified were notified of the public hearing.
There was no nearby neighborhood association to notify.
April 13, 2006
ITEM NO.: 2 (Cont.) FILE NO.: Z-5936-F
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Neighborhood Commercial, Low Density Residential and
Single Family for this property. The applicant has applied for a rezoning
to C-3 General Commercial, O-3 General Office and R-2 Single Family.
A land use plan amendment for a change to Commercial, Office and Single
Family is a separate item on this agenda.
Master Street Plan:
Chenal Parkway and Rahling Road are shown as Arterials on the plan.
LaGrande is shown as a Collector on the Plans. An Arterial functions to
move traffic through and area the urban area or from activity centers to the
Arterial system. These roads are designed to be four or more lanes and
move large numbers of vehicles at high speed. They are not intended to
provide access to adjacent land. A Collector functions to bring vehicles
from the neighborhoods to the Arterial system as well as to provide access
to adjacent property. These roads are designed to be three-lane roads.
Not all of the roads are built to standard. Currently, there are no plans by
the City to make road improvements at this location. At the time of
development additional right-of-way and road improvements may be
required.
Bicycle Plan:
The Master Street Plan, bicycle section, proposes a Class I bike route
along Chenal Parkway and Rahling Road. A Class I route has a separate
pavement for the sole use of bicycles.
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 UPDATE:
At the request of the Planning Commission and staff, the associated Land
Use Plan Amendment, Item #16 (LU06-19-02), is being deferred to the May
11, 2006 agenda to allow additional review time. Therefore, staff
recommends the rezoning request also be deferred to the May 11, 2006
agenda to coincide with the Land Use Plan Amendment request.
April 13, 2006
ITEM NO.: 2 (Cont.) FILE NO.: Z-5936-F
3
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff
presented the item and recommended deferral. There was no further
discussion. The item was placed on the Consent Agenda and deferred to the
May 25, 2006 Agenda by a vote of 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 3 FILE NO.: Z-8009
Owner: Hillman S. Koen, Jr.
Applicant: Edward M. Penick, The Hathaway Group
Location: 5500 S. Shackleford Road
Area: 5.0576 Acres
Request: Rezone from R-2 to I-1
Purpose: Future Light Industrial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Office-warehouse type uses; zoned I-1
South – Office use (across Clearwater Drive); zoned POD
East – Undeveloped property (across Shackleford Road);
zoned I-1 and R-2
West – Little Rock Wastewater/Central Arkansas Water facility
(across Clearwater Drive); zoned I-1
A. PUBLIC WORKS COMMENTS:
1. Shackleford Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way to 45 feet from centerline will be
required with zoning approval.
2. With site development, provide design of streets conforming to the
Master Street Plan. Construct one-half street improvements to these
streets including 5-foot sidewalks with planned development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for
April 13, 2006
ITEM NO.: 3 (Cont.) FILE NO.: Z-8009
2
Progress, Tall Timber and John Barrow Neighborhood Associations were
notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land
Use Plan shows Light Industrial for this property. The applicant has
applied for a change to I-1 for an industrial use.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Shackleford Road is shown as a Minor Arterial on the Master Street Plan
and may require dedication of right-of-way and may require street
improvements. A Minor Arterial provides connections to and through an
urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians.
Bicycle Plan:
A Class II is shown along Shackleford Road. 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 Westwood/Pecan
Lake/Stagecoach Dodd Neighborhood Action Plan. The Land Use and
Zoning goal has these objectives relevant to this case: “Maintain and
encourage single-family and low-density residential developments in the
residential area of the neighborhood, while encouraging responsible non-
residential development in the area currently reserved for such uses on
the Future Land Use Plan” and “Encourage non-residential developments
to occupy area north of David O Dodd Road and west of Shackleford
Road – allowing remaining areas to be reserved for low density residential
uses.” This application is not in conflict with these objectives.
E. STAFF ANALYSIS:
Hillman S. Koen, Jr., owner of the 5.0576 acre property located at 5500 S.
Shackleford Road, is requesting to rezone the property from “R-2” Single
Family District to “I-1” Industrial Park District. The rezoning is proposed for
the future light industrial development of the property.
April 13, 2006
ITEM NO.: 3 (Cont.) FILE NO.: Z-8009
3
The property is currently undeveloped and tree-covered. All surrounding
properties are zoned I-1, with the exception of the property immediately
south which is zoned POD, and contains an office development.
Undeveloped property is located across S. Shackleford Road to the east. A
Little Rock Wastewater/Central Arkansas facility is located across
Clearwater Drive to the west. Office-warehouse type developments are
located to the north.
The City’s Future Land Use Plan designates this property as Light
Industrial. The requested zoning change to I-1 does not require a change
to the Land Use Plan.
Staff is supportive of the requested rezoning. Staff views the rezoning
request as reasonable. The proposed I-1 zoning will be a continuation o
the existing zoning pattern in this area. Properties to the north, east and
west are currently zoned I-1. Staff believes the zoning of this property to I-1
will have no adverse impact on the adjacent properties or the general area.
The I-1 Zoning District is a site plan review district. The site plan for
proposed future development of the property will have to be reviewed and
approved by the Planning Commission.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-1 rezoning.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 4 FILE NO.: Z-8019
Owner: Gibbens Investments, LLC
Applicant: Thomas B. Gibbens
Location: Southeast corner of West 65th Street and
Interstate 30 (Lot 3, Richard’s Commercial
Subdivision)
Area: Approximately 0.7 Acre
Request: Rezone from I-2 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Small industrial use and Fraternal Order of Eagles facility
(across West 65th Street); zoned I-2 and R-4
South – Vacant restaurant building and mixed industrial uses;
zoned C-3 and I-2
East – Vacant motel building and undeveloped property; zoned I-2
West – Mixed industrial and commercial uses (across I-30); zoned I-2
A. PUBLIC WORKS COMMENTS:
1. 65th Street is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
Provide revised survey showing location of centerline of 65th Street.
2. With development, subject property must share an access easement
with property to the east.
3. With site development, provide design of streets conforming to the
Master Street Plan. Construct one-half street improvements to these
streets including 5-foot sidewalks with planned development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #15 (65th Street Route).
April 13, 2006
ITEM NO.: 4 (Cont.) FILE NO.: Z-8019
2
C. PUBLIC NOTIFICATION:
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for
Progress and Upper Baseline Neighborhood Associations were notified of
the public hearing. Staff received a call from the Upper Baseline
Neighborhood Association expressing no opposition to the proposed
rezoning.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs East Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for a change to C-3 for retail uses.
The request does not require a change to the Land Use Plan.
Master Street Plan:
65th Street is shown as a Minor Arterial on the Master Street Plan and may
require dedication of right-of-way and may require street improvements. A
Minor Arterial provides connections to and through an urban area and their
primary function is to provide short distance travel within the urbanized
area. Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians.
Bicycle Plan:
A Class I is shown about 500 feet to the east along the Little Fourche
Creek. 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:
Gibbens Investments, LLC, owner of the 0.7 Acre property located at the
southeast corner of West 65th Street and Interstate 30 (Lot 3, Richard’s
Commercial Subdivision), is requesting to rezone the property from “I-2”
April 13, 2006
ITEM NO.: 4 (Cont.) FILE NO.: Z-8019
3
Light Industrial District to “C-3” General Commercial District. The rezoning is
proposed for future commercial development of the property.
The property is currently undeveloped. There is a mixture of industrial and
commercial uses in this general area. There is a small industrial use and
the Fraternal Order of Eagles facility across West 65th Street to the north.
Vacant restaurant and motel buildings are located immediately south and
east. Other industrial uses are located further south. Mixed industrial and
commercial uses are located across I-30 to the west.
The City’s Future Land Use Plan designates this property as Commercial.
The requested zoning change to C-3 does not require a change to the Land
Use Plan.
Staff is supportive of the requested rezoning. Staff views the downzoning
of this property to C-3 for future commercial development as a very minor
issue. Staff feels the requested rezoning to C-3 is appropriate and could
initiate the redevelopment of this corner of West 65th Street and I-30. The
City recently rezoned the lot immediately to the south from I-2 to C-3. Staff
believes the rezoning will have no adverse impact on the adjacent
properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 5 FILE NO.: Z-2959-F
NAME: Fidelity Information Services – Zoning Site Plan Review
LOCATION: 4001 North Rodney Parham
DEVELOPER:
Fidelity National
601 Riverside Avenue
Jacksonville, FL 32204
ENGINEER:
Cromwell Architects Engineers, Inc.
101 S. Spring Street
Little Rock, AR 72201
AREA: 45.8 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-2
ALLOWED USES: Office
PROPOSED USE: Office
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
On January 13, 1981, the Commission approved a site plan for the phased
development of a 30± acre office campus at this site. The development was to contain
5 buildings with a total of 320,000 square feet and 1,216 surface parking spaces.
Additional property was subsequently added, expanding the area to 45.8± acres.
On September 19, 1989, the Commission approved a revised site which incorporated
the expanded area and modified the previous approval. The approved plan now
contained 8, 4-story buildings of 100,000 square foot each; 2 parking decks, one 900
space deck and one 2,577 space deck; 284 surface parking spaces; one 3-story
building of 60,000 square feet; a day care building and a guest house.
April 13, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-2959-F
2
On June 30, 1992, the Commission approved a revision to the approved site plan. The
approved site plan showed the omission of the previously approved 3-story 60,000
square foot building and the addition of a 7-story 181,000 square foot building. Also
omitted was the day care building. The Commission also approved an intervening
phase to allow use of 1,449 surface parking spaces.
To date, 3 of the 4-story 100,000 buildings, the 7-story 181,000 square foot building,
the guesthouse and 1,446 surface parking spaces have been constructed.
A. PROPOSAL/REQUEST:
The applicant is now proposing a further modification to the site plan in the form
of an intervening phase to allow the addition of 435 additional surface parking
spaces. 90 spaces are shown west of the existing buildings, 290 spaces are
shown adjacent to and southeast of the main parking lot and 55 spaces are
shown behind Building #3. An additional phase shows future expansion of each
of the first two parking areas. Also included in this plan is the addition of an
emergency generator adjacent to Building #3. The June 30, 1992 site plan is
proposed to remain as the approved site plan for ultimate development of the
site.
B. EXISTING CONDITIONS:
The property has been developed as an office park containing 3, 4-story office
buildings, a 7-story office building, a guesthouse and 1,446 surface parking
spaces. A 6-foot wood screening fence and a landscaped buffer of varying width
extend along the south and east perimeters of the site.
Single family homes are located adjacent to the south and east of the site.
Additional office buildings and undeveloped, O-2 zoned property are adjacent to
the north. Office buildings and a large church are located across Rodney
Parham to the west.
C. NEIGHBORHOOD COMMENTS:
All owners of properties located within 200 feet of the site and the Pleasant
Valley Neighborhood Association were notified of this proposal. On March 28,
2006, the applicants hosted an informational meeting at the site for residents of
the neighborhood and other interested parties.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Rodney Parham 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.
April 13, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-2959-F
3
It appears the right-of-way near the south property line is less than the
required 45 feet.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
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.
4. Storm water detention ordinance applies to this property. Show the
proposed location for storm water detention facilities on the plan.
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.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
Center-Point Energy: No Comments received.
SBC: No Comments received.
Central Arkansas Water: Contact Central Arkansas Water if additional water
service is required. A waterline easement containing a 48-inch waterline
appears to conflict with some future plans; primarily the expansion of the
guesthouse appears to be a problem. See easement recorded in the Pulaski
County Court House as Instrument No. 2003033644. Construction of surface
parking and driveways are allowed within the easement; however, care must
be taken to protect the water facilities.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
April 13, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-2959-F
4
Landscape Issues:
Site plan must comply with the City’s minimal landscape and buffer ordinance
requirements.
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 300 square feet
in area. Interior islands should also be evenly distributed within the parking lot
area.
Trees shall be included in the interior landscape areas at the rate of one (1) tree
for every twelve (12) parking spaces. Fifty percent (50%) of these trees are to
be three inches (3”) in caliper measured twelve inches (12”) above grade at
planting. The remaining trees must be a minimum of two inches (2”) in caliper
measured twelve inches (12”) above grade at planting.
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.
G. SUBDIVISION COMMITTEE COMMENT: (March 23, 2006)
The applicants were present. Staff presented the item and noted there was little
additional information needed. Staff asked the applicant to provide information
on any proposed site lighting.
Public Works, Utility and Landscape Comments were noted. The applicants
indicated they saw no problem complying with all comments.
The applicants stated a neighborhood informational meeting had been
scheduled at the site for 7:00 p.m. on March 29, 2006.
The Committee determined there were no other issues and forwarded the item to
the full Commission. The applicants were advised to respond to staff issues by
March 30, 2006.
April 13, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-2959-F
5
H. ANALYSIS:
The applicant submitted a revised site plan in response to issues raised at
Subdivision Committee and at the neighborhood informational meeting. Based
on the neighbors’ comments, the applicant has increased the undisturbed buffer
along the south and east perimeters of the new parking lot from 50 feet to 75
feet. South of Building 3, where it is necessary, the applicant has proposed to
replace, repair or add additional evergreen landscaping within the 36-foot wide
buffer. They have proposed also to repair or replace any deteriorated sections
of the wood screening fence which exists along the east and south property
lines. Any new parking lot lighting will be of a box-type design to match the
existing site lighting. Lighting will be shielded down and into the site. The new
vehicular use areas will be landscaped to comply with ordinance standards.
Public Works Comments, including right-of-way dedication, will be complied with.
The proposed generator will be inside an insulated metal enclosure and the
exhaust will be pointed up to help minimize noise. The generator will be
exercised once a week for approximately 15 minutes, between the hours of 8:00
a.m. – 5:00 p.m., Monday through Friday.
Staff is supportive of the applicant’s proposal. The proposed site plan complies
with Ordinance standards. The 75-foot wide undisturbed buffer along the south
and east perimeters of the expanded parking lot exceeds the maximum
ordinance requirement of 50 feet. The applicant has agreed to install new
evergreen landscaping and to repair or replace the 6-foot wood screening fence
where necessary. To staff’s knowledge, there are no outstanding issues.
I. STAFF RECOMMENDATION:
Staff recommends approval of the application subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections D, E and
F of the agenda staff report.
2. All new site lighting is to be shielded downward and into the site.
3. The testing schedule for the generator is to be as proposed by the applicant
and outlined in the staff analysis above.
4. The proposed perimeter buffer is to remain undisturbed.
5. New evergreen landscaping is to be installed in the buffer as proposed by the
applicant and the 6-foot tall wood screening fence is to be repaired or
replaced along the south and east perimeters, as needed to provide
screening.
April 13, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-2959-F
6
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
Commissioner Yates recused on this item.
The applicants were present. There were three registered objectors present. No letters
of opposition had been received. Staff presented the item and a recommendation of
approval subject to compliance with the conditions outlined in the “Staff
Recommendation” above.
John Yost, manager of corporate real estate with Fidelity, addressed the Commission in
support of the application. He stated the parking was needed to accommodate 300
new employees and 300 employees who were being relocated to this site from
elsewhere. Mr. Yost stated Fidelity had hosted two meetings for interested parties and
had made modifications based on input from these meetings. He stated the buffer on
the south side of the new-larger parking lot had been increased in depth from 50 feet to
75 feet. He stated additional evergreen plantings would be installed to enhance the
buffer and irrigation will be installed in the buffer. He stated now was not the right time
to build a new parking deck. Mr. Yost stated Fidelity was not building any more parking
than was needed to meet their needs.
Gregory Cockmon, architect for the project, showed the proposed plans and reiterated
the promise to add landscaping where needed in the area where the buffer is only 35
feet in width. He presented cross-section drawings showing sight lines from the homes
to the south, indicating the effectiveness of the buffer in screening the site. Mr.
Cockmon stated the applicant had worked with the neighborhood and had tried to
incorporate their concerns into the modified site plan.
Gary Bolin, of 21 Rocky Valley Cove, spoke in opposition. He stated Fidelity appeared
to have more parking than they needed. He stated he had counted the number of
vacant parking spaces on four occasions and found around 700 parking spaces to be
unused. He stated the east end of the new parking lot was 1/5-mile from the building it
was to serve.
Chairman Stebbins stated he understood from what he had heard at one of the
neighborhood meetings that the extra spaces were needed to accommodate
overlapping shifts.
Marge Brokate, of 3314 Shenandoah, spoke in opposition. She stated she was the
president of the Pleasant Valley POA Board of Directors. She voiced concern about
traffic on Rodney Parham Road. She also questioned notice to the POA. Dana
Carney, of staff, responded that notice had been sent to the POA, as required.
April 13, 2006
ITEM NO.: 5 (Cont.) FILE NO.: Z-2959-F
7
Donald Smith, of 20 Rocky Valley Cove, stated Fidelity should not deviate from the
approved plan. He suggest putting the parking lot on the footprint where the parking
deck was proposed to ultimately be built.
John Yost responded that Fidelity knew exactly how much parking was needed and
they had no motivation to overbuild or overspend. He stated they had thought through
the issue thoroughly and believed they had done all they could.
In response to a question from the Commission, Dana Carney stated this was an
interim plan; that the approved master plan was to still be in effect. He also stated the
approved master plan showed a total of 3,751 parking spaces on the site and this plan
had a total of 1,881 parking spaces.
A motion was made to approve the application subject to all staff comments and
conditions. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent and 1
recusal (Yates).
April 13, 2006
ITEM NO.: 6 FILE NO.: Z-4973-E
NAME: Splash Car Wash – Revised Conditional Use Permit
LOCATION: 3021 Cantrell Road
OWNER/APPLICANT: Gene Cauley/White-Daters
PROPOSAL: A revision to the previously approved C.U.P. is
requested to allow for relocation of the vacuum
islands, the addition of an ATM and the
reconstruction of the driveway on the east side of the
property. The property is zoned C-3.
1. SITE LOCATION:
The property is located on the south side of Cantrell Road, at Rebsamen
Park Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed zoning and uses. Single family
residences are located beyond a buffer to the west and atop a bluff to the
south. Commercial uses are located to the north and east. The proposed
changes will not affect the car wash’s 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 Hillcrest and
Cedar Hill Terrace Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
An entrance only driveway is located at the west end of the site. The site
has access to a common driveway on the east. This common driveway is
shared by all lots in the subdivision. There is sufficient stacking space for
the car wash and the proposed ATM.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
Plan approved as revised.
April 13, 2006
ITEM NO.: 6 (Cont.) FILE NO.: Z-4973-E
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: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006)
Joe White was present representing the application. Staff presented the item
and noted little additional information was needed. Staff asked the applicant to
provide a signage plan for the ATM.
The majority of the discussion focused on the Public Works issues. Staff and
the applicant agreed that the western driveway should be one-way entry only and
the driveway between the car wash and Sonic should be full service, with entry
and exit.
The applicant was advised to respond to staff issues by March 30, 2006. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On August 7, 2003, the Commission approved a C.U.P. to allow a two-bay,
automatic car wash to be built on this C-3 zoned property at 3021 Cantrell Road.
The approval also included the placement of three vacuum islands. The
applicant now proposes to relocate the vacuum islands from the front perimeter
of the site to along the west perimeter of the paved parking lot. An ATM is
proposed to be placed at the front perimeter of the site, in the general location
now occupied by the vacuum islands. Also, the shared driveway located
between the car wash and the adjacent Sonic Restaurant is to be reworked so
that it aligns more on the access easement and functions better for the
businesses.
April 13, 2006
ITEM NO.: 6 (Cont.) FILE NO.: Z-4973-E
3
The applicant has made the changes requested by Public Works at Subdivision
Committee. There are only a couple of minor outstanding issues. The proposed
ATM has been shown in the street perimeter landscape strip. It needs to be
removed and placed within the paved area where the vacuum islands had been
previously approved. No signage plan was submitted for the ATM. Signage
needs to be limited to a wall sign on the street façade.
Otherwise, to staff’s knowledge there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested revised C.U.P. subject to
compliance with the following conditions:
1. The ATM is to be moved out of the street perimeter landscape strip.
2. Signage on the ATM is to be limited to a wall sign on the street façade.
3. There is to be no signage on the vacuum island canopies, which denotes the
name of the facility.
Staff recommends approval of a front yard setback variance to allow the ATM to
be located within the platted 40-foot building setback. The applicant should do a
one-lot replat reflecting the change in the building line for the ATM.
PLANNING COMMISSION ACTION: (APRIL 13, 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. The vote was 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 7 FILE NO.: Z-7375
NAME: Splash Car Wash – Conditional Use Permit
Time Extension
LOCATION: 7100 Cantrell Road
OWNER/APPLICANT: Gene Cauley
PROPOSAL: A one-year extension of a previously approved
conditional use permit is requested to allow for
construction of a car wash on this C-3 zoned lot.
STAFF REPORT:
On April 3, 2003, the Planning Commission approved a conditional use permit to
allow for construction of a single-tunnel, automatic car wash on this C-3 zoned
lot.
Section 36-108(c) of the Code states:
“Conditions may include time limits for exercise of authorization.
However, the maximum allowable time shall be limited to three (3) years.
Required permits must be obtained within the allotted period.
On February 10, 2006, the applicant submitted a request for a one (1) year
extension of the C.U.P. approval. No changes are proposed to the approved
plan and all previous comments and conditions will be adhered to. A copy of the
Commission’s previous action is attached. Notice of the extension request was
sent to the Meriwether Neighborhood Association and to all residents within 300
feet of the site who could be identified.
STAFF RECOMMENDATION:
Staff recommends approval of a one-year time extension, through April 3, 2007,
subject to compliance with all previously approved comments and conditions as
outlined in Zoning Case File No. Z-7375.
PLANNING COMMISSION ACTION: (APRIL 13, 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. The vote was 8 ayes, 0 noes and 3 absent.
PREVIOUS WRITE-UP FOR APRIL 3, 2003
ITEM NO.: 16 FILE NO.: Z-7375
NAME: Splash Car Wash – Conditional Use Permit
LOCATION: 7100 Cantrell Road
OWNER/APPLICANT: S. Gene Cauley/Splash Car Wash
PROPOSAL: A conditional use permit is requested to allow for
construction of a single-tunnel, automatic car wash on
this C-3 zoned property.
ORDINANCE DESIGN STANDARDS:
1. SITE LOCATION:
The property is located on the north side of Cantrell Road, at Kentucky
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of fairly intense commercial uses along
Cantrell Road. Use of the property as a single-bay automatic car wash is
compatible with uses and zoning in the area. The uses include a variety
of retail business and several auto related uses, including an auto repair
business and convenience stores with gas pumps and an auto sales
business. The nature of development along Cantrell does not lend itself
to pedestrian oriented businesses and the car wash seems an appropriate
use.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Meriwether Neighborhood
Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by a one-way driveway off of Cantrell Road. A single
lane goes through the car wash and a bypass lane circles around the
building. After either going through the wash or circling around the
building, customers exit the site by a one-way driveway back onto Cantrell
Road. There is one parking space located in front of the dumpster for use
by a technician servicing the facility.
April 3, 2003
ITEM NO.: 16 (Cont.) FILE NO.: Z-7375
2
4. SCREENING AND BUFFERS:
Areas set aside for buffers and landscaping meet with ordinance
requirements.
5. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 45 feet from centerline in this
mature area of development will be required.
2. The proposed land use would classify Kentucky Street on the Master
Street Plan as a minor commercial street. Dedicate right-of-way to 25
feet from centerline.
3. 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. Improvements may qualify for a
contribution in-lieu of construction.
4. Service trucks and customers that do not proceed through the car
wash would have to back out onto Highway 10 to exit, presenting a
traffic hazard.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing sewer main located under proposed retaining wall.
Relocation of sewer main required prior to construction. Contact Little
Rock Wastewater Utility for details.
Entergy: Approved as submitted.
Reliant: No Comments received.
Southwestern Bell: Approved as submitted.
Water: Existing water facilities in this area need to be located to
determine whether conflicts will be a problem. 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.
Contact Central Arkansas Water if additional and/or larger meter(s) are
required. Installation of an RPZ backflow preventer before the first
outlet will be required.
Fire Department: Approved as submitted.
County Planning: No Comments.
April 3, 2003
ITEM NO.: 16 (Cont.) FILE NO.: Z-7375
3
CATA: Site is not located on a dedicated bus route and has no effect on
bus radius, turnout and route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 2003)
The applicant was present. Staff presented the item and noted that additional
information was needed regarding building design, signage, employees, site
lighting, dumpster screening and fencing. Staff was informed that the order
station was located under the building’s eave, at the entrance to the tunnel. Staff
noted variances would be needed for the proposed building setback. Staff
voiced concern about the impact on traffic on Cantrell Road. Staff noted that
there would be limited stacking space and no way to exit the site other than for
going through the car wash or backing onto Cantrell Road. The applicant stated
that there should be adequate stacking space. He also suggested that a
driveway could be installed to provide access around the car wash for those
persons who do not use the car wash.
Public Works Comments were presented. It was suggested that a deferral or
waiver of the required Kentucky Street improvements might be appropriate.
Landscape Comments were noted.
The applicant was advised to respond to staff issues no later than noon,
Wednesday March 19, 2003. The Committee forwarded the item to the full
Commission.
STAFF ANALYSIS:
Splash Car Wash proposes to construct a single-bay, automatic car wash on the
C-3 zoned property at 7100 Cantrell Road. A one-way driveway enters the site
east of the building and exits on the west. A driveway wraps around the building,
providing a way for vehicles to exit the site without having to drive through the
wash. The building is 22’3” in height and will be constructed of concrete block
and glazed block with a veneer of EIFS and simulated stone. The roof will have
a 7/12 pitch with simulated slate shingles. Signage consists of a single ground-
mounted sign meeting commercial standards (36’ in height and 160 square feet
in area) and a wall sign on the east wall of the building. Lettering on the
pavement and directional signs should be used to clearly identify the driveways
as one-way. No vacuum islands are proposed. Once the right-of-way for
Cantrell Road is dedicated, the building will have a setback of 5 feet from the
front property line; although the setback from the curb of the road is actually 30±
feet.
April 3, 2003
ITEM NO.: 16 (Cont.) FILE NO.: Z-7375
4
Staff is supportive of the requested conditional use permit. The proposed use is
compatible with uses and zoning in the area. The site is very small and would be
very difficult to develop as any other commercial use that would require on-site
parking. The applicant has done a good job of addressing site plan related
issues. Staff’s primary issue of concern was the need to provide better
circulation on the site to prohibit vehicles from backing into Cantrell Road. The
applicant has addressed the concern by providing a bypass lane around the
building.
The applicant is requesting a waiver of the requirement to dedicate right-of-way
for Kentucky Street and to have to build the street. Staff supports this waiver.
Staff had previously supported a request to abandon that right-of-way. Staff’s
support for this conditional use permit is contingent upon the right-of-way and
street improvement waiver being granted. If not, the affect on the site plan is
such that the issue would need to be reconsidered by the Commission.
On March 19, 2003, the applicant submitted a revised site plan and responses to
issues raised by staff at Subdivision Committee. To staff’s knowledge, there are
no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with staff comments and conditions outlined in Sections 4, 5 and
6 of this report.
2. Directional signs must be installed at each driveway and lettering and arrows
painted on each driveway clearly indicating one-way entrance and exit.
3. Site lighting must be low-level and directional, aimed inward to the site.
4. Signage is to be limited to one ground-mounted sign meeting commercial
standards (36 feet in height and 160 square feet in area) and wall signage on
the east wall of the building not to exceed 10% of that façade.
5. If the right-of-way dedication and street improvement variances are not
approved for Kentucky Street, the issue must return to the Planning
Commission for reconsideration.
Staff recommends approval of the requested waivers from the requirement to
dedicate right-of-way for Kentucky Street and to construct Master Street Plan
street improvements to Kentucky Street. Staff recommends approval of the
variance to allow a front yard setback of 5 feet once right-of-way has been
dedicated for Cantrell Road.
April 3, 2003
ITEM NO.: 16 (Cont.) FILE NO.: Z-7375
5
PLANNING COMMISSION ACTION: (APRIL 3, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. Staff also
recommended approval of the right-of-way and boundary street waivers and of
the setback variance. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 8 FILE NO.: Z-7953-A
NAME: Akins Duplex – Conditional Use Permit
LOCATION: 3004 State Street
OWNER/APPLICANT: Travoris Akins
PROPOSAL: A conditional use permit is requested to allow 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 an area that is principally single family in zoning
and use. Although there likely are a few duplexes scattered around the
general area, 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. Staff believes a duplex use could be compatible
with the overall neighborhood. The applicant has submitted plans for a
two-story structure that staff believes fits the architectural style of 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 MLK
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
A duplex requires 3 on-site parking spaces; 1 ½ per unit. The applicant
proposes to construct 4 paved parking spaces in the rear yard taking
access off of a single driveway that extends from State Street. The
proposed driveway design is compatible with the other driveways in the
neighborhood.
4. SCREENING AND BUFFERS:
A six-foot wood fence should be installed along the north property line,
adjacent to the driveway and parking area.
April 13, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7953-A
2
5. PUBLIC WORKS COMMENTS:
1. After clearing the proposed structure, the driveway must jog to the
south at least 5 feet from property line to allow for 5 ft. radius on
driveway.
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: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Fire Department: Install fire hydrant per code; contract Fire Marshall at
918-3752 (Dennis Free).
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: (MARCH 23, 2006)
The applicant was not present. Staff presented the item and noted there was
little additional information needed. Staff presented the plan for the proposed
structure. The Committee agreed this proposed design was much more
compatible with the architecture of the neighborhood than the applicant’s
previous proposal.
Public Works Comment was noted.
The Committee determined there were no other issues and 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 36’ X 43’, two-story
April 13, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7953-A
3
structure is to have one dwelling unit on each floor. The first floor unit contains
1,453 square feet and the second floor unit contains 1,438 square feet. Each
unit is to contain three bedrooms, living-dining room, two bathrooms and a
kitchen. The applicant proposes to construct a single wide drive off of State
Street. The driveway is to extend beside the house to a four-space paved
parking lot in the rear yard.
The applicant has submitted a specific plan for the structure to be built on the lot.
The proposed two-story structure is compatible with the architecture of existing
homes in the general area.
Staff is supportive of the applicant’s proposal. The proposed building and
driveway design is much more compatible with the neighborhood. Staff has
previously stated their opinion that a duplex could be compatible with the
neighborhood, if the right design were submitted. Staff believes the applicant
has met that requirement.
The applicant has previously stated he was unable to obtain a copy of the bill of
assurance for the Ebendale Addition. It is likely the bill of assurance does not
address use issues, due to the age of the subdivision.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit 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. Three copies of a revised/final site plan showing the fence and driveway
modifications must be submitted prior to a request for a building permit.
3. The duplex to be constructed on this lot must be the specific design proposed
by the applicant with this application.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to complete the required
notification. There was no further discussion. The item was placed on the
Consent Agenda and deferred to the May 25, 2006 agenda by a vote of 8 ayes,
0 noes and 3 absent.
April 13, 2006
ITEM NO.: 9 FILE NO.: Z-8020
NAME: MEMS Substation – Conditional Use Permit
LOCATION: #4 Pine Mountain Road
OWNER/APPLICANT: Christopher Maris/MEMS
PROPOSAL: A conditional use permit is requested to allow a
MEMS ambulance substation to be located in the
existing residence on this R-2 zoned property.
1. SITE LOCATION:
The property is located on the west side of Pine Mountain Road; just off of
Pinnacle Valley Road at Cantrell Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. The PCD
zoned properties to the east contain a landscape service company; mini-
warehouses and commercial uses. A PD-O zoned veterinary clinic is
located west of the site. Cantrell Road and the new alignment of Pinnacle
Valley Road are located to the south. A variety of commercial uses
extend west of the intersection. Single-family homes are located along
Pine Mountain Road. Under the applicant’s proposal, this property would
continue to maintain its residential appearance. Other than for parking an
ambulance, there would be no external evidence of the use change.
All owners of properties within 200 feet of the site, all residents within 300
feet who could be identified and the Secluded Hills, Westchester,
Westbury and River Valley Neighborhood Associations were notified of
this proposal.
3. ON SITE DRIVES AND PARKING:
The site contains a double-wide, paved driveway and a one-car garage.
There is sufficient on-site parking for the one ambulance and two
employee vehicles that will be at the site.
4. SCREENING AND BUFFERS:
Install screening along north property line. Screening can be either a six
(6) foot wood fence or appropriately sized evergreen plantings.
April 13, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-8020
2
5. PUBLIC WORKS COMMENTS:
No Comments.
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.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006)
The applicant was not present. Staff presented the item and noted there were
no outstanding issues. The one landscape comment was noted.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Metropolitan Emergency Medical Services (MEMS) proposes to utilize the
existing R-2 zoned, single-family residence at #4 Pine Mountain Road as an
ambulance substation. Two employees will be located at the house on a rotating
24 hours on – 48 hours off basis. No changes will be made to the property or
residence. Employees receive calls on hand-held radios or cell phones. An
ambulance will be parked in the residence’s driveway. The on-duty employees
will park on the existing parking pad adjacent to the house.
Staff is supportive of the proposed use. MEMS has submitted the following list
of conditions which will be attached to their use of the property:
April 13, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-8020
3
• We will house a crew on a rotating 24 hours on, 48 hours off basis (same as
the fire department).
• We agree not to turn on the siren until we approach the intersection at
Cantrell, or until we pass the neighbors in the cases where we are turning
towards Maumelle Park.
• We have no planned improvements to the property other than the normal
clean up and painting.
• We have no plans for signage other than a sign about the size of a car
license plate by the front door that explains if an ambulance is not here and
you need help call 911.
• We expect no public traffic.
• The existing parking surfaces will handle the ambulance and two crew
members personal cars.
The City’s adopted land use plan shows this area to be Transition, which is
appropriate for office uses. In this case, the proposal is to maintain the
residential character of the property while allowing the substation use. It is likely,
in fact, that this use may serve as a holding use for the property. There is a
potential that long-term the larger area around this site may redevelop as some
thing other than the existing, detached single family. The applicant has stated
this may not be a permanent use; that the substation may relocate in the future,
perhaps in conjunction with a new fire station. No commitment on any type of
time frame can be made at this point.
The bill of assurance for Pine Mountain Subdivision was created in 1958 and
appears to still be valid. Section 1 of the bill of assurance contains the following
statement:
No lot other than Lot “P” shall be used except for residential purposes.
The subject property is Lot “B”.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the conditions proposed by MEMS and screening being installed along the north
perimeter of the site.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to complete the required
notification. There was no further discussion. The item was placed on the
Consent Agenda and deferred to the May 25, 2006 Agenda by a vote of 8 ayes,
0 noes and 3 absent.
April 13, 2006
ITEM NO.: 10 FILE NO.: Z-8021
NAME: Firetree Ltd. Correctional Facility –
Conditional Use Permit
LOCATION: 3215 Brown Street
OWNER/APPLICANT: Fletcher Realty No. 2, LLC/
Eichenbaum, Liles and Heister, P.A.
PROPOSAL: A conditional use permit is requested to allow for
conversion of a portion of the existing building located
on this I-3 zoned property into a correctional facility.
1. SITE LOCATION:
The site is located on the east side of Brown Street, south of 32nd Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area that is characterized by Institutional and
Industrial zoned properties and uses. The large, PCD zoned tract to the
north contains several Pulaski County facilities including the Regional jail,
county district court; juvenile justice facility and cooperative extension
service. The I-3 and I-2 zoned property to the west contains the County
Road and Bridge Department, animal services and maintenance facilities.
Various wholesale supply businesses are located on the I-2 and I-3
properties to the southwest and east. The vacant Smoky Hollow plant is
located to the east, at Woodrow and 32nd. This facility’s parking lot and
what appears to be two residential structures are located on the I-3 zoned
property to the south. Fourche Bottoms floodway is further to the south.
The proposed use appears to be compatible with uses and zoning in the
area.
All property owners located within 500 feet of the site, all residents within
300 feet who could be identified and the Midway, LOVE, Goodwill, Wright
Avenue and South End Neighborhood Developers Neighborhood
Associations were notified of this request. Notice was sent and also
posted in the Arkansas Democrat Gazette of public meetings to be held
on April 3 and April 10 at the County Co-op on Roosevelt Road.
3. ON SITE DRIVES AND PARKING:
Nine (9) parking spaces are located at the front of the building. A
seventy-two (72) space parking lot is located south of the building.
The parking is sufficient for the proposed use.
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
2
Transportation is provided by the facility and a CATA bus route is located
to the north, at Roosevelt Road.
4. SCREENING AND BUFFERS:
No comments, all facilities are existing.
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. Ordinance #17,857 was adopted at the request of
this property owner on November 2, 1998 approving a five (5) year
deferral of installation of sidewalks on southside of West 32nd Street
and east side of Brown Street. The five (5) year deferral has expired.
2. 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).
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, existing sewer main located under building.
Contact LRWU for details.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. 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). Please submit plans for the five protection system to
Central Arkanss 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
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
3
pressure zone backflow preventer shall be required. Due to the nature
of this facility, installation of an approved reduced pressure zone
backflow preventer assembly (RPZA) is required on the domestic
water service. This assembly must be installed prior to the first point
of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and
approved by CAW. The test results must be sent to CAW’s Cross
Connection Section within ten days of installation and annually
thereafter. Contact Carroll Keatts at 377-1226 if you would like to
discuss backflow prevention requirements for this project.
Fire Department: Fire sprinklers may be required along with fire alarm
system and additional fire hydrants.
County Planning: No Comments.
CATA: A CATA bus route is located north of this site, along Roosevelt
Road.
SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006)
Chris Bell was present representing the application. Staff presented the item
and noted additional information was needed. Staff asked the applicant to
provide the date, time and location of the required two public meetings to be held
prior to the Commission meeting and to provide a copy of the newspaper
advertisement advertising the meetings. The applicant was asked to provide a
signage plan and to show any proposed fencing. Staff asked that any outdoor
use area/recreation area be noted. The applicant was asked to locate the
dumpster and to describe any proposed site lighting. Staff asked that detailed
physical and operational parameters be provided. Staff asked where offenders
would come from and what nature of crimes the offenders will have committed.
The applicant responded that he would provide all the requested information.
Public Works, Utility and Fire Department comments were noted.
The applicant was advised to respond to staff issues by Wednesday March 29,
2006. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Firetree, Ltd. is requesting approval of a conditional use permit to operate a
correctional facility utilizing 24,250 square feet of an existing, 100,097 square
foot, I-3 zoned building. Correctional facilities are one of the uses that require a
conditional use permit in all zoning districts. Section 36-107(13) of the Code of
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
4
Ordinances establishes the following development standards and review
guidelines for correctional facilities:
Separation, spacing, and procedural requirements for correctional
facilities shall be determined by the planning commission so as not to
adversely impact the neighborhood. Correctional facilities are subject to
the following additional requirements:
a. Before a conditional use permit for a correctional facility can be
granted, the applicant shall clearly establish the following:
1. All property owners or persons operating a business within
five hundred (500) feet of the property line of a proposed
correctional facility have received notice by certified mail of
the exact location of the property and its intended use;
2. This required notice was sent to each person before any
contract for operation of the facility was granted, that this
notice properly sets forth the exact procedure and time
frame for the person notified to register objections with the
appropriate governmental agency, and that proof of such
notice is provided as required for conditional use permits;
3. The facility is not located within five hundred (500) feet of
the property line of any school, any facility that operates
programs for youth, or another correctional facility;
4. The applicant has conducted two (2) public
hearings after having first advertised the meetings
and location prominently not less than five (5) nor
more than seven (7) days prior to each meeting;
that such advertisement was prominently
displayed and not a mere legal advertisement, in a
newspaper with seven (7) days a week county-
wide circulation;
5. Procedures are in place should the permit be
granted that the chief of police shall be notified
within one (1) hour that a resident of the facility
has escaped or failed to return when required;
6. Adequate security measures are in place to
prevent any resident of the correctional facility
from violating subsection (5) more than once in a
thirty-day period.
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
5
b. These requirements for correctional facilities are in addition
to any other provisions required for a conditional use permit
under this code. These requirements are mandatory and not
directory. In the event of a conflict with the other provisions
of the code, these requirements shall control. Substantial
compliance is not sufficient. Failure to comply with these
requirements shall be a basis to deny the permit. Within one
hundred twenty (120) days of granting the permit, the permit
may be rescinded upon presentation to the planning
commission of clear and convincing evidence that the
applicant failed to comply with subsections (1) through (4)
above. Failure to comply with subsections (5) and (6) two (2)
times within a ninety-day period, or the commission of a
violent felony by a resident of the correctional facility, shall
be a basis for determining that security is inadequate and
such determination shall be a cause for immediate
revocation of the permit. The planning commission shall
establish procedures for presentation of such evidence and
for placement of the matter on its agenda for public hearing.
c. The terms “group care facility”, “rooming or boarding”,
“community, welfare or health care”, “establishment for a
religious, charitable or philanthropic organization”,
“governmental or private recreational uses”, and “rooming,
lodging or boarding facilities”, shall not include a
correctional facility as a permitted use.
d. Any correctional facility in operation on the effective date
of this section shall be required to come into compliance
with this section and obtain a conditional use permit within
four (4) years of the effective date of this section.
The following information was submitted by Firetree, Ltd. describing the facility
and its operations.
As shown on the included site plan, Firetree proposes to renovate an existing
structure into a facility housing up to 80 male and 16 female clients.
The building allows for adequate space to include day rooms, bathrooms, TV
rooms, education and conference rooms, dining rooms, kitchen and hall that
remain separate from resident rooms. The proposed design ensures that
residents are afforded a reasonable degree of privacy by limiting the number of
residents in each room and by having closing doors on all sleeping rooms and
bathrooms. The facility will meet all ADA requirements. Any resident who is
physically challenged has access to all necessary amenities.
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
6
The proposed structure is located in an industrial/light office area on 6.38 acres
of land. The property was formerly used as a warehouse facility, and is well
suited for renovating into the proposed use. The area surrounding the proposed
facility is comprised of industry and office complexes, mainly for Pulaski County
local government. Because of the location of the structure on the relatively large
lot, there are “buffer” zones surrounding the property from any other adjacent
landowners. The property provides plenty of off street parking spaces in an
adjacent paved parking lot. In addition, the facility is located conveniently close
to an established bus route stop.
The proposed facility location is within a reasonable distance of many community
resources such as employment agencies, medical clinics, hospitals, mental
health providers as well as many other human service organizations. A multitude
of potential employment opportunities exist in the nearby areas surrounding the
proposed facility from the various industries in the Little Rock area.
Although this will be the first Firetree facility in Arkansas, the company currently,
successfully operates similar facilities in locations including Philadelphia,
Harrisburg and Reading, Pennsylvania and Syracuse, New York.
Each of Firetree’s facilities has an established Community Advisory Board, which
includes prominent members of the local community. The Boards are composed
of various community leaders such as ministers, community volunteers, local
public officials, and members of local law enforcement. The members of the
Advisory Board meet on a quarterly basis to review any concerns the community
may have related to the program or its operations.
A Community Advisory Board will be established in Little Rock, Arkansas prior to
the facility opening in order to immediately address any safety and security
concerns. The board will consist of community leaders. Firetree will actively
solicit the surrounding industries as well, as this will be a vital key in furthering
resident employment. As an integral part of our program operations, facility
administrative staff will consult the board on various issues and will request their
participation with all of our crime prevention initiatives. Bylaws for the
Community Advisory Board will be established during the strategic planning
process of the Little Rock facility’s development.
Firetree has written policies and procedures that outline the system of resident
accountability, security inspections and reporting. These policies and
procedures are located within the computer system for staff’s ease of use.
Relevant policies pertaining to residents are disturbed to each resident via a
facility handbook and client rules and regulations. Proper monitoring of
residents’ movements into and out of the facility provides for documented
accountability of residents’ whereabouts at all times, and eases the retrieval of
movement information. The established policies and procedures serve to protect
offenders, staff, and the public. Security searches of residents and visitors are
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
7
conducted to ensure the safety of the facility and integrity of the program.
Documentation of all accountability is maintained and available for inspection.
The facility will maintain alarmed entrances and exits. Cameras will be installed
in various locations to assist in the security of the facility. Trained employees will
monitor these cameras.
Authorized visitors sign a visitor logbook and are required to present proper
identification prior to visitation. An authorized visitation list will be maintained by
the program monitors and will be updated by the resident’s assigned Case
Manager. Visitors are subject to searches upon entering and departing the
facility.
RegScan’s Enterprise ManagerTM Community Corrections module software has
been implemented to provide electronic case management and integrated
accountability control for all residents. Enterprise ManagerTM applies positive
accountability controls to each resident, no matter where they are: work,
leisure, in-transit transfer, or home confinement. Full auditing and transactional
tracking is provided, in addition to operational security for the computer system.
In the event of business interruption off-site backups, supplemental battery
backups and hard copies are maintained to provide a continuation of
accountability monitoring.
Case files encompass records of phone contacts, searches, drug testing,
disciplinary events, employment history, prescriptive programming and case
notes, visits and staff contacts. Digital electronic signatures are gathered and
locked to each document the resident signs within the electronic system.
As a result of the sign-in/sign-out process, facility staff is able to locate and verify
the whereabouts of offenders at all times. The offender is contacted at least
twice per day either by telephone or in person, at random times. Staff contacts
the offender at work, home, or authorized destination to maintain accountability.
Resident sign-in/out records are separated according to whether the resident is
in or out. To ensure accuracy of the sign-in/out file, a “physical census sheet” is
maintained. The monitor staff will be responsible for conducting a physical
census at various times throughout each day. The midnight shift is the exception
in that a physical census count is conducted on an hourly basis.
Offenders are required to return to the facility from employment before being
permitted to sign-out to participate in another approved program activity. The
Facility Director may make an exception when travel time or distance is
excessive, or when the offender is working unexpected overtime. Under no
circumstances is an offender permitted to routinely sign-out for more than 12
consecutive hours daily without returning to the facility.
Other than for employment purposes, an offender must be in the facility from
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
8
9:00 p.m. to 6:00 a.m., unless exceptions are made by the Facility Director.
These exceptions are reviewed on a case by case basis. The facility will
maintain a curfew of 9:00 p.m.
In response to questions raised at Subdivision Committee, the applicant
submitted the following additional information. Public meetings were scheduled
for April 3, 2006 at April 10, 2006. The meetings were at 6:00 p.m. and were
held at the Pulaski County Co-op on Roosevelt Road. Advertisement of the
meetings was carried in the March 28 and April 4 editions of the Arkansas
Democrat-Gazette. The remaining portion of the building not used for the
correctional facility will be used for storage and possible warehouse use. No
structures are to be torn down. The facility will have no signage. A small,
outdoor recreation area will be provided south of the building. No additional
fencing will be installed on the site. The dumpster will be located at the rear of
the facility and will be screened. The proposed facility is to be operated under
contract with the Federal Bureau of Prisons. The contract dates are October 1,
2006 – September 30, 2011. Offenders to be housed at the facility are releasing
from Federal prisons or may be direct court commitments from the U.S.
Probation Office. The offenders are being released back into the community
they came from. The offenders are not from other states or metropolitan areas.
The majority of offenders are serving time for federal drug related crimes
(transport, manufacture, intent to sell or purchase), federal firearms charges and
non-violent federal crimes. The applicant states Firetree, Ltd. has a long
standing policy of not accepting sex offenders, arsonists or violent offenders.
The parking lot and entrances will be lighted just enough to ensure safety.
Firetree, Ltd. will comply with all Public Works, Utility and Fire Department
comments and conditions. Additional physical and operational parameters have
been provided.
The applicant has responded to staff’s questions. All required notification has
been followed. The proposed facility is appropriately sited based on zoning and
uses in the area. There is no bill of assurance issue. To staff’s knowledge,
there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. subject to compliance with the
following conditions:
1. Compliance with staff comments and conditions outlined in Sections 4, 5 and
6 of the agenda staff report.
2. Compliance with all applicable Building Codes for conversion of this facility
into a correctional facility.
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
9
3. The C.U.P. is approved for a five year period to coincide with the contract
with the Federal Bureau of Prisons ending September 30, 2011.
4. If Firetree, Ltd.’s federal contract lapses or is cancelled, the C.U.P. is voided.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicants were present. There were three objectors present. No letters of
opposition had been received. Staff presented the item and a recommendation
of approval subject to compliance with the comments and conditions outlined in
the “Staff Recommendation” above.
Chris Parker addressed the Commission in support of the application. He stated
Firetree was competing with City of Faith, a correctional facility in operation at
1401 S. Garfield Street, for the same Federal Bureau of Prisons’ contract. He
stated Firetree would not accept sex offenders, arsonists or persons convicted of
violent crimes. Mr. Parker handed out copies of the index of federal
requirements for this type of facility and stated the facility would be operated in
the same manner as City of Faith. He discussed some of the facility’s
operational aspects to assure monitoring of individuals. Mr. Parker stated he
had a written confirmation of the commitment from Firetree to have a community
advisory board. He discussed the proposed location in relation to the
surrounding uses.
Judy Green, of the South Little Rock Neighborhood Association, spoke in
opposition. She stated that although she felt this was a good plan, she did not
feel this was an appropriate location. She stated the neighborhood had enough
of these types of uses already. Ms. Green stated she had also heard from
residents of the University Park neighborhood who wanted to keep the facility
currently operated by City of Faith in their neighborhood.
Sarah Facen, of 3003 Cross Street, spoke in opposition. She stated she also
agreed this was a good proposal but the neighborhood was overly impacted by
these types of uses.
Erma Hendrix, a former member of the City Board of Directors and a current
member of the State Prison Board, spoke against allowing the facility to be
located at this site.
Chris Parker stated several neighborhood associations were notified of the two
public meetings and only one representative, Ms. O’Neal of the Goodwill
Association, came. He stated she was not present in objection to the proposal.
April 13, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8021
10
In response to a question from Commissioner Hargraves, the applicant’s realtor
Rick Freeling described the process of selecting this site. He stated they looked
for a location that would have the least impact on residents. He stated access to
jobs and public transportation was also important.
Chairman Stebbins asked if the Bureau of Prisons reviewed the location. The
applicant responded that the site was reviewed by the Bureau. He stated the
Bureau’s prime concern was accountability.
In response to a question from Commissioner Adcock, the applicant stated there
was only one federal contract for this area and that contract was up for
competitive bid.
Commissioner Allen stated he did not think this was an appropriate location for
the facility.
A motion was made to approve the application, including all staff comments and
conditions. There was a second.
In response to questions from the Commission, staff stated they were not aware
of any problems at City of Faith’s facility and repeated violations of the
Ordinance standards could result in revocation of the C.U.P.
The vote on the motion was 5 ayes, 4 noes and 2 absent. The motion failed.
April 13, 2006
ITEM NO.: 11 FILE NO.: Z-8022
NAME: Splash Car Wash – Conditional Use Permit
LOCATION: 12700 Chenal Parkway
OWNER/APPLICANT: Gene Cauley/White-Daters
PROPOSAL: A conditional use permit is requested to allow for
construction of a car wash on this C-3 zoned
property.
STAFF REPORT:
On April 4, 2006, the applicant requested deferral of this item to allow time to
work with Public Works on driveway issues. Staff recommends deferral to the
May 25, 2006 meeting.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was present. There were no objectors present. Staff informed the
Commission of the requested deferral. There was no further discussion. The
item was placed on the Consent Agenda and deferred to the May 25, 2006
Agenda by a vote of 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 12 FILE NO.: Z-8023
NAME: Changing Channels Ministries Day Care –
Conditional Use Permit
LOCATION: 1624 South Cleveland
OWNER/APPLICANT: Changing Channels Ministries/
Anderson Lewis, Jr., Pastor
PROPOSAL: A conditional use permit is requested to allow this
existing church to operate a day care center. The
property is zoned R-2 and POD.
1. SITE LOCATION:
The property is located at the corner of S. Cleveland Street and Boyle
Park Road, two blocks west of University Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
A church has been at this location for several years. The property to the
north is occupied by a city park, a YMCA, a Boys’ Club and other
institutional uses. The newest phase of an existing apartment complex is
being built on the O-3 zoned property to the west. Single family homes
are located across S. Cleveland and Boyle Park Roads to the east and
south. Allowing a day care center in this existing church is compatible
with uses in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Point O’Woods
and Broadmoor Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site currently contains two paved parking lots taking access off of
Boyle Park Road and a gravel parking lot with access off of Cleveland
Street. No changes are proposed at this time. The church hopes to
eventually pave and landscape the gravel parking area. The proposed
day care for 60 children with a total of 7 employees requires 13 parking
spaces. There is more than sufficient parking on the site to accommodate
the use.
April 13, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-8023
2
4. SCREENING AND BUFFERS:
All new vehicular use areas, including future paving of the gravel parking
lot, must be designed to comply with the City’s Landscape and Buffer
Ordinances.
5. PUBLIC WORKS COMMENTS:
No comments on use issue. Future paving must comply with stormwater
detention regulations.
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 additional water service is
required.
Fire Department: Fire sprinkler may be required. Contact Fire Marshall at
918-3752 (Dennis Free).
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A bus route is
located east of the site, along University Avenue.
SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006)
The applicants were present. Staff presented the item and noted some
additional information has needed. Staff asked the applicants to provide a
complete survey/site plan showing the church’s entire ownership. Staff asked for
fencing, signage and site lighting plans. The applicants were asked to show the
proposed location of any playground. In response to a question from staff, the
applicants stated the gravel parking lot north of the church was existing and had
not been expanded.
Staff noted there were two outstanding issues that needed to be addressed.
Staff stated there was a 10-foot alley right-of-way within the church property that
April 13, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-8023
3
needed to be abandoned. Staff also stated four lots of the church’s ownership
had previously been zoned POD for a lodge hall and office use which had never
been developed. Staff stated that POD needed to be revoked. Staff suggested
that the C.U.P. application could go forward with resolution of those two issues
being conditions of approval.
Utility and Fire Department comments were noted.
The applicants were instructed to respond to staff issues no later than March 29,
2006. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Changing Channels Ministries Church is located at 1624 South Cleveland Street.
The church purchased the site from its former owners, a Nazarene Church, in
May 2005. The site contains a one-story, brick church building and a
combination of paved and gravel parking lots. Changing Channels is requesting
approval of a conditional use permit to allow a day care to be operated in the
church.
The proposed age group is from infants to 5 years old. The maximum
enrollment is proposed as 60 children. Hours of operation are proposed as 7:00
a.m. – 5:30 p.m., Monday – Friday. The day care will have 5 teachers, a director
and program coordinator. A playground will be constructed directly adjacent to
the rear (west side) of the church building. The play area will be enclosed by a
5-foot tall chain-link fence. Signage for the day care will consist of a wall sign at
the entrance and perhaps an addition to the existing ground-mounted church
sign. No changes are proposed to the existing parking lots or driveways at this
time. At some point, the gravel parking lot north of the church may be paved.
No new site lighting is proposed.
Staff is supportive of the request. Allowing a day care center to be operated by
this existing church is a reasonable use and should have no impact on nearby
properties.
There are two outstanding issues which must be resolved. There is a platted but
undeveloped, 10-foot alley right-of-way which extends through the church
property which needs to be abandoned. The church owns the entire block. The
alley dead-ends on the north at the abandoned 16th Street right-of-way that is
located between the church site and the city park. The four northern-most lots of
the church property were rezoned to POD in 2002 for the proposed development
of a Knights of Columbus hall and general offices. That sale and development
never occurred. The POD needs to be revoked and the previous R-2 zoning
restored. Staff believes it is appropriate to proceed with approval of the C.U.P.,
subject to those two issues being resolved.
April 13, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-8023
4
On March 29, 2006, the applicants submitted responses to the issues raised at
Subdivision Committee and reflected in the analysis above. The bill of
assurance is very old and illegible. It likely does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit to allow the proposed
day care center 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. The alley right-of-way is to be abandoned.
3. The POD known as Knights of Columbus Short-Form POD (Z-7220) is to be
revoked.
PLANNING COMMISSION ACTION: (APRIL 13, 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. The vote was 8 ayes, 0 noes and 3 absent.
April 13, 2006
ITEM NO.: 13 FILE NO.: MSP06-01
Name: Master Street Plan Amendment
Location: Rahling Road to Rock Creek, Kirk to Wellington Village Road
Request: Realign Arterial, upgrade Kirk Road to Arterial, and remove
unnamed Collector
Source: Robert Brown, Development Consultants
PROPOSAL / REQUEST:
The request is an amendment to the Master Street Plan with several parts: first the
realignment of the Wellington Hills Blvd -- Champlin Drive Arterial; second the
reclassification of Kirk from a Collector to an Arterial with the realignment to Champlin
Drive; and third the removal of an unnamed collector between Chenal Parkway and
Arkansas Systems Drive.
Currently Wellington Hills Blvd-Champlin Drive is a north-south Arterial traveling from
Kanis Road south of Chenal Parkway to Rahling Road. The request is to disconnect
these two roads but keep them both as Arterials. First, Wellington Hills Blvd would
travel from Kanis at Rock Creek as now proposed but continue on a more westerly path
to align with Arkansas Systems Drive. Arkansas Systems Drive is currently classified
as a Collector and travels from Kirk Road to Chenal Parkway. It should be noted that
Arkansas Systems Drive continues across Chenal Parkway as a Collector to end at
Rahling Road as LaGrande Drive. Wellington Hills Blvd- Arkansas Systems Drive
would be a more east-west Arterial.
The second part of this realignment is to move Champlin Drive to the west to align with
the existing Kirk Road. Kirk is a Collector currently. So the request includes a change
in classification of Kirk Road to an Arterial. The result of this change would be a north-
south Arterial from Rahling Road to Chenal Parkway.
So replacing a north-south arterial (Wellington Hills- Champlin) from Kanis Road at
Rock Creek to Rahling Road north of Chenal Drive, one would have an east-west
arterial-collector (Wellington Hills- Arkansas Systems-LaGrande) from Kanis at Rock
Creek to Rahling Road at Rock Creek and a north-south arterial Champlin-Kirk from
Rahling Road north of Chenal Drive to Chenal Parkway east of the west Kanis Road
split.
The final part of the request is to remove an unnamed Collector from Kirk Road to
Wellington Hills Blvd between Chenal Parkway and Arkansas Systems Drive. This
Collector had been a continuation of Kanis Road to the east from Chenal Parkway. A
section from Kirk Road to Chenal Parkway has already been removed from the Plan.
April 13, 2006
ITEM NO.: 13 (Cont.) FILE NO.: MSP06-01
2
Thus this is a short segment of road, which no longer provides the connectivity originally
intended.
The Master Street Plan does not show any bike routes on any of the roads proposed for
realignment, classification change or removal from the Plan. Thus the changes should
have no impact on the bicycle section of the Master Street Plan.
Staff met with representatives of the applicant and discussed the request. Several
issues were identified for further review and consideration. There were the spacing of
the Arterials versus the spacing standard of the Master Street Plan; possible
bottlenecks or choke points along Kirk Road north of Chenal and Arkansas Systems
Drive; the intersection designs (Kirk and Chenal & Kirk/Champlin-Wellington
Hills/Arkansas Systems in particular); and width of streets – functional design
standards.
The current alignment of Wellington Hills Blvd-Champlin provides a relief route or
alternate for a section of Chenal Parkway projected to be above capacity. It is
important that the resulting route alignment also provide this ‘relief’ to Chenal Parkway.
In addition a portion of Kirk Road just north of Chenal has already been developed so
the opportunity for the City to acquire right-of-way and street improvements from
developers has been made very unlikely.
The suggested new alignments for Kirk-Champlin and Wellington Hills-Arkansas
Systems appear reasonable to Staff. With the spacing of Arterials closer than
recommended, the intersection designs will be critical to the overall system working.
Staff does not believe that the removal of the small section of Collector road would be
an issue. If a road were built in this location or a similar one, it would have to be
constructed to collector road design standards as a Commercial Street.
With the applicant agreeing to take all the added right-of-way and construct the extra
road lanes on their side of the road, no additional requirements will be placed on the
owners along the east side of Kirk Road with this change. Traffic Engineering will
review the proposed intersections. With this review to assure proper traffic movement
and that the intersections will not create bottlenecks the new alignments appear to
provide a similar traffic flow to the current alignments.
The applicant hired a traffic consultant to complete a study of the traffic movements in
the area. This was done assuming full build out of the area to the City Land Use Plan
(with the proposed amendments on the April 13 agenda). The afternoon peek-hour
was used as the highest volume time. The City Traffic Engineer agreed this to use the
PM peek for modeling purposes. The model also took current volumes at intersections
and increased them to expected volumes in ten years.
The model then looked at the projected volumes and assigned the number of lanes
each roadway would need and assigned the turning movements at each intersection.
This report was provided to Staff on Tuesday April 4, 2006. The applicant and his
traffic engineer met with Staff on April 4th and discussed the report. Staff requested
April 13, 2006
ITEM NO.: 13 (Cont.) FILE NO.: MSP06-01
3
some changes to the model assumption and a second run of the model to report what
changes might result. These changes were to reduce the model assumed number of
lanes on Chenal where the applicant had no control and to reduce the size (turning
lanes) at some intersections (again because the applicant had no control). The results
could move some traffic, which could result in more congestion at other intersections.
Staff and the applicant will have to comment on these results at the hearing.
Based on an initial review of the number of lanes recommended and the turning
movements, Staff believes the new alignments should result in an Arterial network
which is as good as the one currently in the Master Street Plan. However the
intersection designs, as noted previously, will be critical. Functionally Arkansas
Systems Drive should be an Arterial with this layout of streets as well. If this
amendment package is approved, the City will need to initiate an amendment for
Arkansas Systems Drive. The model does not justify a classification upgrade of the
Kirk Road extension. While the volume may justify more than four lanes, the
movements do not indicate that Kirk south of Chenal would function as an Arterial.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The application area is within the Rock Creek Neighborhoods Plan area. The
Neighborhood Plan calls for the protection and preservation of greenbelts with strict
enforcement of the excavation and landscape ordinances. It also calls for the
interconnection of the area with sidewalks and other non-motorized vehicle paths. The
Plan calls for the completion of Champlin Drive and Villages of Wellington Road to
Kanis Road, and construct the intersection of Chenal Parkway and Champlin Drive;
fund with a bond issue (build prior to development). The Plan asks that amendments to
the Land Use Plan be rare and only with the input of the neighborhood.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: St Charles Community
Association and Parkway Place Property Owners Association. Staff has received five
requests for information from area residents.
STAFF RECOMMENDATIONS:
Recommendation will be given at the hearing.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant amended the request to remove the requested upgrade of Kirk Road
extension south of Chenal Parkway. Staff noted that in the coming months Arkansas
System Drive would need to be re-examined to determine if it too should be classified
as an Arterial. The item was placed on consent agenda for approval as modified. By a
vote of 8 for, 0 against the consent agenda was approved.
April 13, 2006
ITEM NO.: 14 FILE NO.: LU06-18-03
Name: Land Use Plan Amendment - Ellis Mountain Planning District
Location: South of Chenal-Kanis, west of Kirk Road
Request: Multifamily to Commercial
Source: Robert Brown, Development Consultants
PROPOSAL / REQUEST:
Land Use Plan amendment in the Ellis Mountain Planning District from Multifamily to
Commercial. Commercial represents a broad range of retail and wholesale sales of
products, personal and professional services and general business activities. Future
commercial development of the site. No rezoning has been filed at this time.
STAFF RECOMMENDATIONS:
At the request of the Planning Commission this item will be deferred to May 11, 2006.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The item was placed on the consent agenda for deferral to May 11, 2006. By a vote of
8 for, 0 against the consent agenda was approved.
April 13, 2006
ITEM NO.: 15 FILE NO.: LU06-19-01
Name: Land Use Plan Amendment - Chenal Planning District
Location: Rahling to Chenal, Kirk to Wellington Village
Request: Neighborhood Commercial, Office & Low Density Residential to Mixed
Office Commercial
Source: Robert Brown, Development Consultants
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Neighborhood
Commerical, Office and Low Density Residential to Mixed Office Commercial. Mixed
Office Commercial represents a mixture of office and commercial uses, with either
office or a mix of both uses with a Planned Zoning Distirct. Future commercial
development of the site. No rezoning has been filed at this time.
STAFF RECOMMENDATIONS:
At the request of the Planning Commission this item will be deferred to May 11, 2006.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The item was placed on the consent agenda for deferral to May 11, 2006. By a vote of
8 for, 0 against the consent agenda was approved.
April 13, 2006
ITEM NO.: 16 FILE NO.: LU06-19-02
Name: Land Use Plan Amendment - Chenal Planning District
Location: West of Chenal, north of Kanis Road
Request: Single Family, Low Density Residential, Multifamily, Neighborhood
Commercial, and Office to Single Family, Office, Commercial and
Mixed Office Commercial
Source: Tim Daters, White-Daters
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Single Family, Low
Density Residential, Multifamily, Neighborhood Commercial, and Office to Single
Family, Office, Commercial and Mixed Office Commercial. Single Family provides for
single-family homes at densities not to exceed 6 dwelling units per acre. Office
represents services provided directly to consumers (egg, legal, financial, medical) as
well as general offices, which support more basic economic activities. Commercial
includes a broad range of retail and wholesale sales of products, personal services and
general business activities. Mixed Office Commercial provides a mixture of office and
commercial uses to occur, acceptable uses are office or mixed office and commercial
with a Planned Zoning District. For some of the area there are reclassifications to allow
for further development, in other there is not application for re classification at this time.
In all cases the changes are intended to allow for future development of the area.
STAFF RECOMMENDATIONS:
At the request of the Planning Commission this item will be deferred to May 11, 2006.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The item was placed on the consent agenda for deferral to May 11, 2006. By a vote of
8 for, 0 against the consent agenda was approved.
April 13, 2006
ITEM NO.: 17 FILE NO.: LU06-14-01
Name: Land Use Plan Amendment - Geyer Springs East Planning District
Location: Fourche Bayou, I-30 to Geyer Springs Road
Request: Industrial, Commercial, Mixed Office Commercial, Low Density
Residential, Mobile Home and Single Family to Light Industrial,
Mixed Office Commercial, Multifamily, Low Density Residential
and Public Institutional
Source: Staff
PROPOSAL / REQUEST:
Land Use Plan amendment in the Geyer Springs East Planning District from Industrial,
Commercial, Mixed Office Commercial, Low Density Residential, Mobile Home and
Single Family to Light Industrial, Mixed Office Commercial, Multifamily, Low Density
Residential and Public Institutional. Light Industrial represents light warehouse,
distribution or storage uses and/or other industrial uses developed as a ‘park like’
setting. Mixed Office Commercial is a mixture of office and commercial uses, where
actable uses are office or a mixed office and commercial development using Planned
Zoning District. Multifamily accommodates residential development of 10 to 36 dwelling
units per acre. Low Density Residential accommodates a broad range of housing types
including single family detached and attached, duplex, townhomes, patio or garden
homes, with a density of 6 to 10 units per acre. Public Institutional includes public and
quasi-public facilities that provide a variety of services to the community such as
schools, libraries, churches, hospitals and utility substations.
This application is the result of a review of the Land Use Plan by Staff as part of a
Neighborhood Plan update. The intention is to make the Land Use Plan more reflective
of the likely short or mid-term future development of the area.
EXISTING LAND USE AND ZONING:
This is a developed section of Little Rock. Much of the existing development took place
prior to annexation and those legally non-conforming uses are common in the vicinity.
The specific land use and zoning pattern around each change is discussed in the
analysis section.
FUTURE LAND USE RECENT AMENDMENTS:
There have not been any amendments in this District in the last five years. The
specifics of the Land Use Plan are addressed for each change area in the analysis
section.
April 13, 2006
ITEM NO.: 17 (Cont.) FILE NO.: LU06-14-01
2
MASTER STREET PLAN:
There are three Arterials in the area, Geyer Springs Road, Baseline Road and Scott
Hamilton-Hilaro Springs Road. Arterials function to move vehicles and goods through
and around the urban area; they are not intended to provide access to adjacent land.
There are five Collectors with in the area, Stanton Road, Doyle Springs Road, Sunset,
Pine Cone and Valley. A Collector is intended to provide the neighborhood with access
to the Arterial network of street and access to adjacent land. Some of these roads are
not constructed to design standard and at the time of development or redevelopment
additional right-of-way or paving may be required. There are no current Plans to
improve any of these roads other that Scott Hamilton Road.
BICYCLE PLAN:
The Master Street Plan, bicycle section, calls for a Class I route along Fourche Bayou.
Class III routes are proposed along Sunset, Stanton Road, Valley, Drecher Lane and
Keats Drive. A Class I has a separate pavement for the sole use of bicycles. A Class
III route uses the existing road and shares the pavement with motorized vehicles.
PARKS:
The Little Rock Parks and Recreation Master Plan shows a large area south of Baseline
Road and east of Geyer Springs Road as being defiant on the 8-block rule. That is
most of the area south of Baseline Road is not within 8-blocks of a public or private
recreation or open space.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is part of the Upper Baseline Neighborhoods Plan. The Plan does not have
anything directly related to this effort. However, it does call for a review of the Land
Use Plan and to encourage low density residential as well as working to preserve
existing businesses and fill vacant business locations.
ANALYSIS:
City Staff developed this amendment package. Staff reviewed the vicinity as part of a
Neighborhood Plan update. The area was reviewed for conformance with the zoning
and existing use pattern. Changes were identified to the Land Use Plan to make it
April 13, 2006
ITEM NO.: 17 (Cont.) FILE NO.: LU06-14-01
3
more accurately reflect the likely short and mid-term future development of the area.
This was based in large part on the current land use and zoning of the land.
A package of changes was sent to the neighborhood association in the area for
comment. After receiving comments, Staff reviewed the package with the Plans
Committee of the Planning Commission. The package was refined and the property
owners were notified of the suggested changes for this hearing. For discussion
purposes the package will be discussed in three parts: Northwest (north of Baseline
Road between Geyer Springs Road and Doyle Springs Road); Southern (south of
Baseline Road); and Northeast (north of Baseline Road, Doyle Springs Road to the
Arch Street Pike).
The Northwest section of the area with amendments includes a change from
Commercial to Public Institutional. This is for the State Police Headquarters building.
This structure formerly was a shopping mall. The use has changed from commercial to
public. A similar change in the Land Use Plan is proposed to make the Future Land
Use Plan more representative of the actual and likely future use of this land. The
second change in the northwest section is a change to Multifamily. The largest part of
this area is an apartment complex on Baseline Road west of Dreher Lane. This is an
existing complex zoned Planned Residential District, however the Plan shows this site
for Mobile Home. The remainder of the Multifamily change area is east of Dreher Lane
just south of Keats and is made up of two apartment complexes. One of the complexes
is zoned R-5 Urban Residential, which is one of the highest density residential districts
in Little Rock. The other is a legally non-conforming R-2 Single Family zoned
apartment complex. For all three of the sites within the northwest section of the
package, the changes are to reflect the existing use pattern of the sites.
In the southern section there are five areas of proposed changes. The first is
Commercial to Multifamily on Baseline Road just east of Geyer Springs Road. This is
to recognize an existing apartment complex, a portion of which is currently shown as
Multifamily. The complex is zoned R-2 Single Family and is a legally non-conforming
apartment complex. The second area is a change to Public Institutional from Mixed
Office and Commercial. The use is two churches and a meetinghouse for the deaf
association. Both churches are zoned R-2 Single Family while the deaf association has
a zone of Planned Office District. All three are public/quasi-public uses. The third area
is the Stanley Drive, Crenshaw Court area. This change would be from Single Family to
Low Density Residential. Stanley Drive is zoned R-5 Urban Residential and has
apartment buildings on the north and duplexes on the south of the street. Crenshaw
Court is zoned R-4 two-family and R-5 with duplexes on both sides of the road. Both
the existing zoning and use is consistent with Low Density Residential not Single
Family. The fourth change area is along Baseline Road from Sunset Lane to near Reck
Road. There are various uses from single-family homes to retail businesses in this
area. Most of the land is not currently used for a business but rather is zoned R-2
Single Family. However there are a couple of lots zoned C-3 General Commercial or
April 13, 2006
ITEM NO.: 17 (Cont.) FILE NO.: LU06-14-01
4
C-1 Neighborhood Commercial. The Plan currently shows all this area for Commercial.
The proposed change is to Mixed Office Commercial. This change in use is in part to
try to control the access and design of redevelopment of this corridor. The final change
in this section is from Commercial to Public Institution. The current use is a church with
a zoning of R-2 Single Family. Four of the five changes more accurately reflect the
existing and likely future use of the land. The fifth is to hopefully make the change in
use more orderly.
The Northeast section of the area has five change areas all from Industrial. Along
Doyle Springs Road at I-30 the change to Light Industrial for areas that include a
warehouse distribution use, vacant land, two houses and a contractors yard. The
zoning is mostly R-2 Single Family with a Planned District Industrial. The change more
closely reflects the use pattern at the northern end and encourages uses in the
southern end, which might be more appropriate near single-family use. The second
area is to Light Industrial along Scott Hamilton Road near Fourche Road. The northern
half of this area is development as office-warehouse and is zoned I-2 Light Industrial.
The southern portion is wooded and zoned I-2. The third area is at the Fourche Road-
Stenger Road intersection and is a change to Public Institution. The use is a cemetery
and the zoning is R-2 Single Family. The fourth area is between Stenger and I-30 west
of Jamison. The proposed change is to Light Industrial and the use is mini-warehouse
and office-warehouse. The existing zoning is I-2 Light Industrial. The proposed change
more accurately reflects the use and zoning. The final change area is to Public
Institutional on either side of Jamison Road south of Stenger Road. The use is a City
impound yard and City vehicle maintenance facility. The zoning is I-2 Light Industrial.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: O.U. R., Upper Baseline
and Windamire Neighborhood Associations and Southwest United for Progress
Coalition. Staff has received eleven comments from area residents. All were neutral
mainly questions, however one in the discussion did request that the area along
Baseline to MOC be changed so that his property was totally in just one classification.
STAFF RECOMMENDATIONS:
Staff recommends modifying the MOC change area along Baseline Road to reduce the
change area, moving the line a few hundred feet to the west as requested. Staff
recommends approval as modified.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
Staff indicated there would be a minor modification of the C to MOC area south of
Baseline Road near Reck. This would slightly reduce the area, keeping an ownership
from being divided into two Land Use areas. The item was placed on consent agenda
for approval as modified. By a vote of 8 for, 0 against the consent agenda was
approved.
April 13, 2006
ITEM NO.: 18 FILE NO.: LA-0004
NAME: Valley Springs Timber Harvest
LOCATION: Geyer Springs Rd and Valley Springs Drive
APPLICANT: N & G Construction, Inc.
ENGINEER: Magie Engineering & Land Development, Inc.
AREA: approximately 28 acres
CURRENT ZONING: R2
VARIANCES/WAIVERS REQUESTED: Conduct land alteration activities, harvest
timber, with construction not being imminent as required by the Land Alteration
Regulations, Sec. 29-186(b).
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest timber on the individual lots beyond the boundaries of the right-of-way of
the streets and drainage easements with construction not being imminent.
B. EXISTING CONDITIONS:
This approximate 28 acre tree covered site was preliminary platted into 79
single-family residential lots and two future lots for future development by the
Planning Commission on January 5, 2006. The preliminary plat shows Valley
Drive to be extended to Geyer Springs Road from the west and a loop street to
be constructed north of Valley Drive. There are single-family homes located to
the north and south of the site. Along the western boundary of the site is a multi-
family development accessed from Warren Street. There are two churches
located in the area, one to the south of the site and one to the north of the site.
Northeast of the site is a high school. Northwest of the site is an elementary
school. Further north of the site, accessed from Baseline Road, is the
Southwest Community Center. Across Geyer Springs, to the east, there are
multi-family units located on Valley Drive.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comments from area residents.
April 13, 2006
ITEM NO.: 18 (Cont.) FILE NO.: LA-0004
2
D. ENGINEERING COMMENTS:
1. Per Sec. 29-190(14), a 40 ft undisturbed buffer shall be maintained around
perimeter of site. In no event shall these temporary strips be less than the
width of the permanent buffers required for development. Provide revised
plan.
2. Per Sec. 29-190(15), a 25 foot undisturbed buffer measured from the top of
bank shall be maintained along each side of streams having a ten (10) year
storm of greater than 150 cubic feet per second. Provide revised plan with
stream flow estimate.
3. Per Sec. 29-187(e)(2), provide a forestry management plan prepared by a
registered forester or certified arborist using best management practice
guidelines for silviculture in urban areas. Provide in report the health and
conditions of trees; estimated # of trees on site by variety and size; estimated
# of trees to be removed by variety and size; describe activities to be
conducted on site; and schedule to perform work.
4. Per Sec. 29-187(e)(2), clear cutting or total harvests shall not be allowed.
5. Harvest activities must comply with state and federal forestry harvest
techniques and code. Damage to off site property must be repaired by the
applicant in a timely manner.
6. Tree tops and debris generated from the harvest activity must be removed at
the conclusion of harvest to reduce the potential fire hazard. Contact the
Little Rock Fire Department for conditions and additional requirements.
7. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Site grading, and
drainage plans will need to be submitted and approved prior to the start of
construction.
8. Vegetation must established on disturbed areas within 21 days of completion
of harvest activities.
E. SUBDIVISION COMMITTEE COMMENTS: (March 23, 2006)
The applicant was present. Staff stated the comments as written above. The
applicant’s engineer stated they would comply with the Public Works comments.
At first consideration, Commissioners Yates and Taylor stated they did not like
the proposal of harvesting timber with no plans to begin construction anytime in
the near future.
April 13, 2006
ITEM NO.: 18 (Cont.) FILE NO.: LA-0004
3
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
F. ANALYSIS:
The preliminary plat for this tract of land was recently approved by the Planning
Commission on January 5, 2006. The land alteration regulations allow clearing
and grading for streets and drainage improvements in residential subdivisions
following preliminary plat approval. Clearing and grading of the lots is not
allowed until the lots are platted. The applicant is seeking a variance to harvest
timber on the property.
From the forestry management plan, it appears the property consists of 73%
pine trees and 27% hardwoods. The applicant is not requesting to clear cut or
total harvest but does desire to harvest 70% of the pine trees and 65% of the
hardwoods. A forty (40) foot undisturbed buffer is proposed to be located along
the property boundaries. A twenty five (25) foot undisturbed buffer is also
proposed to be located along each side of the creek. Rock check dikes are
proposed to be located within the creek channel for erosion control. When the
site is stabilized, the rock check dikes will be removed by the applicant.
The applicant has agreed to comply with all Public Works comments.
Particularly, all tree tops and debris generated from the harvest will be removed
per LRFD requirements and vegetation will be established on disturbed areas
with 21 days of completion of the harvest activities.
Since no schedule of construction of the subdivision has been provided, staff
questions whether construction will begin. From all indications, development will
not commence after the property is harvested. This will leave a tract of land with
mangled small trees that is an eye sore for the neighbors. Clearly the harvest
does not follow the purposes of the regulations as stated in Section 29-168.
These purposes are to prohibit the indiscriminate clearing of property; to
preserve natural vegetation which enhances the quality of life of the community;
and to establish reasonable standards and procedures for development which
prevent potential flooding, erosion and sediment damage.
G. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
Mr. Justin Magie was present representing the applicant. Mr. Magie was asked why the
applicant wanted to harvest trees. Mr. Magie stated the applicant needed the money to
April 13, 2006
ITEM NO.: 18 (Cont.) FILE NO.: LA-0004
4
pay engineering and surveying costs for design of the subdivision. When asked if the
property own had sufficient money to construct the subdivision, Mr. Magie said the
applicant did have sufficient money but he was not aware when construction would
begin. Commissioner Adcock made a motion for approval of the variance request. The
Planning Commission took a vote and denied the variance request by a vote of 0 ayes,
9 nays, and 4 absent.