pc_07 06 2006LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
MINUTE RECORD
JULY 6,2006
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being nine (9)in number.
II.Members Present:Gary Langlais
Chauncey Taylor
Troy Laha
Robert Stebbins
Jerry Meyer
Darrin Williams
Jeff Yates
Pam Adcock
Lucas Hargraves
Members Absent:Mizan Rahman
Fred Allen,Jr.
City Attorney:Cindy Dawson
III.Approval of the Minutes of the May 25,2006 Meeting of the Little Rock
Planning Commission.The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
JULY 6,2006
4:00 P.M.
I.OLD BUSINESS:
Item Number:File Number:Title
A.Z-7573-B Hicks Beauty Products and Salon—
Conditional Use Permit
6805 West 12 Street,Suite H
B.Z-7953-A Akins Duplex —Conditional Use Permit
3004 S.State Street
C.LU06-16-02 Land Use Plan Amendment in the Otter Creek Planning
District south of Alexander Road,eat of Otter Creek
from Light Industrial to Single Family.
D.Z-6396-A Rezoning from 1-1 to R-2
11617 Alexander Road
E.Z-8042 Chenal —Highway 10 Car Wash—
Conditional Use Permit
NE corner of Chenal Parkway and Cantrell Road
F.Z-5936-F Rezoning from MF-18,0-2 and C-3 to R-2,0-3,C-3
and OS,located on the Northwest corner of Chenal
Parkway and Rahling Road.
G.LU06-19-02 Land Use Plan Amendment in the Chenal Planning
District from Single-family,Low Density Residential,
Multi-family,Neighborhood Commercial,and Office to
Single-family,Office,Commercial and Mixed Office
Commercial,located in the area West of Chenal
Parkway and North of Kanis Road.
H.LU06-19-03 Land Use Plan Amendment in the Chenal Planning
District,southwest of the Rahling Road —Champlin
Drive intersection from Mixed Use to Commercial.
I.Z-6829-A Rezoning from MF-18,0-3 and C-1 to C-3
Southwest corner of Rahling Road and Champlin Road
Agenda,Page Two
I.OLD BUSINESS:(Continued)
Item Number:File Number:Title
J.LU06-19-04 Land Use Plan Amendment in the Chenal Planning
District northwest of the Rahling Road —Chenal Drive
intersection from Office to Community Shopping.
K.Z-7024-A Rezoning from 0-2 to C-2
Northwest corner of Rahling Road and Chenal
Valley Drive
L.Z 6019-D GMAC Lot B-1 Short form POD,located on the
Southwest corner of LaGrande Drive and Chenal
Parkway.
M.LU06-19-05 A Land Use Plan Amendment in the Chenal Planning
District from Office to Mixed Office Commercial,located
at the Southeast corner of Arkansas Systems Drive and
Chenal Parkway.
M.1 Z-6051-I Arkansas Systems Tract 4 Short-form PCD,located on
the Southeast corner of Arkansas Systems Drive and
Chenal Parkway.
N.LU06-10-02 A Land Use Plan Amendment in the Boyle Park
Planning District from Mixed Office Commercial to
Commercial,located East of John Barrow Road
between Labette Drive and Kanis Road.
N.1 Z-8056 Sonic Restaurant —John Barrow Road Short-form PCD,
located at 1618 John Barrow Road.
11.NEW BUSINESS:
Item Number:File Number:Title
1.Z-8064 Rhoten Group Home —Special Use Permit
2518 S.Maple Street
2.Z-8065 Cross Group Home —Special Use Permit
2522 S.Maple Street
Agenda,Page Three
II.NEW BUSINESS:(Continued)
Item Number:File Number:Title
3.LU06-25-01 Land Use Plan Change in the Port District from
Park/Open Space to Commercial
North of l-440 at Lindsey Road
3.1 Z-8063 Rezoning from R-2 to C-3
Northwest corner of I-440 and Lindsey Road
4.Z-8067 Rezoning from R-2 to R-4
2016 Durwood Road
5.Z-8068 Rezoning from R-2 to C-3
9010 Stagecoach Road
6.G-23-361 Alley Right-of-Way Abandonment
Block 102,Original City of Little Rock
7.G-23-362 Marshall Street and Maryland Avenue —Right-of-Way
Abandonment between West 8'nd West 10 Streets
and Marshall and Bishop Streets
8.Z-3371-Q Clear Channel Metroplex Auto Sales—
Conditional Use Permit
10800 Colonel Glenn Road
9.Z-4849-B Sipes Ministries Day Care and Private School—
Revised Conditional Use Permit
8619-8705-8707 Stanton Road
10.Z-5430-A Westside YMCA Soccer Fields—
Conditional Use Permit
401 John Barrow Road
11.Z-5668-F Avis Car Rental —Conditional Use Permit
12600 Chenal Parkway
12.Z-8061 Reddig Accessory Dwelling —Conditional Use Permit
1301 Cumberland
13.Z-8066 Little Maumelle Wastewater Treatment Plant—
Conditional Use Permit
700 feet South of the intersection of East Pinnacle
and Krone
Agenda,Page Four
I I.NEW BUSINESS:(Continued)
Item Number:File Number:Title
14.G-25-195 Word of Outreach Proposed Street Name Changes
1.Brown Street between Asher Avenue and Roosevelt
Road to be renamed "Bishop R.E.Smith,Sr.Ave."
2.Martin Street between W.24"and W.26'"Streets
to be renamed "One New Man Street"
3.W.24 Street between Martin and Brown Streets to
be renamed "New Man Lane"
4.W.26 Street between Martin and Brown Streets to
be renamed "Overcorners Lane"
15.LA-0009 David 0 Dodd Timber Harvest
South side of David 0 Dodd Road,V~mile west
of I-430
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JULY 6,2006
July 6,2006
ITEMNO..A FILE NO.:Z-7573-B
NAME.Hicks Beauty Products and Salon—
Revised Conditional Use Permit
LOCATION:6805 West 12 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 l-2.
ORDINANCE DESIGN STANDARDS:
SITE LOCATION:
The property is located on the south side of West 12 'treet;V~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 12 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 12 Street,much of the parking appears
unused.There appears to be sufficient parking available on the site.
4.SCREENING AND BUFFERS:
No Comments.
July 6,2006
ITEM NO.:A Cont.FILE NO.:Z-7573-B
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.
CATA:A CATA bus route is located along West 'l2'treet,in front ofthissite.
SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 9,2006)
The applicant was present.Staff presented the item and requested additionalinformationregardingnumberofemployeesanddaysandhoursofoperation.Staff asked the applicant to provide information on proposed 'school andclasses"which were included in the application.There was no additionaldiscussion.
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 applicanttooperateabeautysalonandtosellbeautyproductsinthis2,800 square footleasespace.This I-2 zoned property contains three buildings which are leasedtoavarietyofwholesale,warehouse and commercial uses.The business wasapprovedtooperateMonday—Saturday,8:00 a.m.—9:00 p.m.with 5 to10employees.
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July 6,2006
ITEM NO.:A Cont.FILE NO.:Z-7573-B
The applicant proposes to expand into the remaining 1,600 square feet of theleasespace;for a total of 4,400 square feet.The applicant proposes to expandboththebeautysalonandretailbeautyproductsalesaspectsofherbusiness.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 amonthforoneortwodays;typically on Mondays and Tuesdays.Toaccommodatethegrowthinthebusiness,the applicant proposes to add anadditional5to10employees.No changes are proposed to the previouslyapproveddaysandhoursofoperation.Signage is to consist of a wall sign andspaceonthecenter's tenant identification ground sign.
To staff's knowledge there are no outstanding issues.There is no bill ofassuranceissue.With the current tenant use mix on the overall site,parkingshouldnotbeanissueThepropertyowner/management company hasauthorizedthisaction.
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.Staffpresentedarecommendationofdeferral.There was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 13,2006Agenda.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 informedtheCommissionthattheapplicanthadnotcompletedthenotificationrequirement.There was no further discussion.The item was placed on theConsentAgendaanddeferredtotheMay25,2006 Agenda by a vote of 8 ayes,0 noes and 3 absent.
PLANNING COMMISSION ACTION:(MAY 25,2006)
The applicant was not present.There were no objectors present.Staff informedtheCommissionthattheapplicanthadfailedtocompletetherequirednotificationandattemptstocontacttheapplicanthadgoneunanswered.Staff stated theywouldsupportonelastdeferral.The item was placed on the Consent Agenda
3
July 6,2006
ITEM NO.:A Cont.FILE NO.:Z-7573-B
and deferred to the July 6,2006 meeting by a vote of 7 ayes,
0 noes and 4 absent.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was not present.There were no objectors present.Staff presentedtheitemandinformedtheCommissionthattheapplicanthadagainfailedto
send the required notices or to respond to staff inquiries.Staff recommended
withdrawal of the item.There was no further discussion.The item was placed ontheconsentagendaandapprovedforwithdrawalbyavoteof9ayes,0 noes and
2 absent.
4
July 6,2006
ITEM NO.:B 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 30Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is principally single family in zoninganduse.Although there likely are a few duplexes scattered around thegeneralarea,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 islocatedjusttotheeast.Staff believes a duplex use could be compatible
with the overall neighborhood.The applicant has submitted plans for atwo-story structure that staff believes fits the architectural style of thearea.
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 V~per unit The applicantproposestoconstruct4pavedparkingspacesintherearyardtakingaccessoffofasingledrivewaythatextendsfromStateStreet.Theproposeddrivewaydesigniscompatiblewiththeotherdrivewaysin theneighborhood.
4.SCREENING AND BUFFERS:
A six-foot wood fence should be installed along the north property line,adjacent to the driveway and parking area.
July 6,2006
ITEM NO.:B Cont.FILE NO.:Z-7953-A
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.
2
July 6,2006
ITEM NO.:B Cont.FILE NO.:Z-7953-A
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of a duplexresidenceonthisvacant,R-3 zoned lot.The proposed 36'43',two-storystructureistohaveonedwellingunitoneachfloor.The first floor unit contains1,453 square feet and the second floor unit contains 1,438 square feet.Eachunitistocontainthreebedrooms,living-dining room,two bathrooms and akitchen.The applicant proposes to construct a single wide drive off of StateStreet.The driveway is to extend beside the house to a four-space pavedparkinglotintherearyard.
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 existinghomesinthegeneralarea.
Staff is supportive of the applicant's proposal.The proposed building and
driveway design is much more compatible with the neighborhood.Staff haspreviouslystatedtheiropinionthataduplexcouldbecompatiblewiththeneighborhood,if the right design were submitted.Staff believes the applicanthasmetthatrequirement.
The applicant has previously stated he was unable to obtain a copy of the bill ofassurancefortheEbendaleAddition.It is likely the bill of assurance does notaddressuseissues,due to the age of the subdivision.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject tocompliancewiththefollowingconditions:
1.Compliance with the comments and conditions outlined in Sections 4,5and6oftheagendastaffreport.
2.Three copies of a revised/final site plan showing the fence and drivewaymodificationsmustbesubmittedpriortoarequestforabuildingpermit.
3.The duplex to be constructed on this lot must be the specific designproposedbytheapplicantwiththisapplication.
PLANNING COMMISSION ACTION:(APRIL 13,2006)
The applicant was not present.There were no objectors present.Staff informedtheCommissionthattheapplicanthadfailedtocompletetherequired
notification.There was no further discussion.The item was placed on the
3
July 6,2006
ITEM NO.:B Cont.FILE NO.:Z-7953-A
Consent Agenda and deferred to the May 25,2006 agenda by a vote of 8 ayes,0 noes and 3 absent.
PLANNING COMMISSION ACTION:(MAY 25,2006)
The applicant was not present.There were no objectors present.Staff
informed the Commission that the applicant had failed to complete the
required notification.Staff stated they would support one last deferral.
The item was placed on the Consent Agenda and deferred to the July 6,2006meetingbyavoteof7ayes,0 noes and 4 absent.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was not present.There were no objectors present.Staff presentedtheitemandinformedtheCommissionthattheapplicanthadagainfailedtosendtherequirednoticesortorespondtostaffinquiries.Staff recommended
withdrawal of the item.There was no further discussion.The item was placed ontheconsentagendaandapprovedforwithdrawalbyavoteof9ayes,0 noes and2absent.
4
July 6,2006
ITEM NO.:C FILE NO.:LU06-16-02
Name:Land Use Plan Amendment —Otter Creek Planning District
Location:South of Alexander Road,east of Otter Creek
~Re uest:Light Industrial to Single Family
Source:Paul Keith Everett
PROPOSAL /REQUEST:
Land Use Plan amendment in the Otter Creek Planning District from Light
Industrial to Single Family.Single Family represents residential single-family
developments not to exceed 6 dwelling units per acre,such as single-family
detached,attached,patio or garden homes and cluster homes.The
accompanying application is to rezone a tract to R-2 Single Family for a single-
family home.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include all the Light Industrial land south of Alexander Road
and east of Otter Creek.This would result in a more logical Plan pattern if
approved.
EXISTING LAND USE AND ZONING:
The property is rural with a business and a house,currently zoned 1-2 Light
Industrial and 1-1 Industrial Park with 26.25 acres +in size.North and west of
the area is zoned I-2 Light Industrial,1-1 Industrial Park and 1-3 Heavy Industry.
The I-1 and I-2 north of the site is rural pastureland.The 1-3 Heavy Industrial to
the northwest is rural wooded land east of Otter Creek and partial developed with
an industrial plant west of Otter Creek.The I-2 land west and southwest of the
site is mostly open land with generators for Entergy (APL).Beyond this is all
zoned R-2 Single Family and are rural large-lot home sites for the most part.To
the southeast is a large tract of PR,Park zoning for an undeveloped park owned
by the City.To the east is R-2 Single Family zoning with a Mobile Home Park
and non-conforming business as well as rural pastureland and homes.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
July 16,2002,a change was made from Single Family to Low Density
Residential,west of Heike Road at the County Line.This area is several miles to
the southeast of the site.The change was made to allow for a proposed
development.
July 6,2006
ITEM NO.:C Cont.FILE NO.:LU06-16-02
April 2,2002,a package of changes was made at the intersection of Vimy Ridge
and County Line Road.A change from Single Family,Low Density Residential
to Single Family,Suburban Office and Neighborhood Commercial.This area is a
mile to the south of the application area.The changes were made to allow for
future development.
The Plan shows this site for Light Industrial use.North of the site is Light
Industrial use.To the east is Low Density Residential and Single Family use.
South of the site is Park Open Space and Public Institutional use.To the west is
Mixed Office Commercial and Light Industrial use with a little Industrial use.
MASTER STREET PLAN:
Alexander Road is shown as an Arterial on the plan.An Arterial functions to
move traffic in and through the urban area.Alexander Road is currently a two-
lane road with ditches.The City has no funds designated for the improvement
of this Arterial at this time.It is not built to standard,additional right-of-way and
street improvements may be required.
BICYCLE PLAN:
The Master Street Plan,Bicycle section,calls for Class I Bike Routes along
Alexander Road and along Otter Creek.Class I Bike Routes have a separate
pavement area for the sole use of bicycles.
PARKS:
The Little Rock Parks and Recreation Master Plan shows this site to be within 8-
blocks of a public park or open space.Alexander Park is to the southeast.It is
80 acres and undeveloped.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The Site is within the Chicot West,1-30 East Neighborhood Plan.The
Neighborhood Plan identified two infrastructure needs in this area:to widen
Alexander Road with sidewalk,curb,gutter and bicycle lane,and to correct
flooding problem at the bridge over Otter Creek on Alexander Road.
2
July 6,2006
ITEM NO.:C Cont,F I L E NO.:L U 06-16-02
ANALYSIS:
The application area is in a section of Little Rock that has remained in a rural
form.There has been minimal new development in the area of the last decade.
There is a scattering of structures on the land requesting a Plan change.A
portion of the site was a Light Industrial type of use.The applicant has now
purchased this tract.Arkansas Power and Light owns the western-most section
of the amendment area.
Alexander Road remains a two-land road.The volume is reported to be just over
2000 vehicle trips a day (in 2004).This road is classified as an Arterial and any
future development on this land should be constructed assuming that Alexander
Road will be a four to six land road.
To the north is rural pastureland,but this land is zoned Industrial (l-2,Light
Industrial and l-1,Industrial Park).There is a scattering of structures on the land
requesting a Plan change.The property is currently zoned Industrial,both 1-2
and 1-1.East of the site is rural home sites zoned R-2 Single Family and shown
on the Plan for Single Family.There is a small mobile home park immediately to
the east with a small non-conforming business.
The applicant has requested this Plan change and reclassification in order to
construct a new home on the property.Generally south of Alexander Road and
east of Otter Creek is planned as residential with Light Industrial to the north of
Alexander Road.There is an area of Low Density Residential to the east of this
site in the location of a mobile home park.Beside this property there is no
Industrial south of Alexander Road.There is additional 1-2 land however,this
land is all owned by Arkansas Power and Light.The Plan shows it for Public
institutional.The actual use is for a storage facility,emergency generator
capacity and electrical sub-station.
The large area of industrial south of the railroad line,north of Alexander Road
has been zoned for many years with no activity.This land was originally
intended to be a rail-switching yard with related uses.Since that time the
railroad has divested itself of the property.Thus the area is not likely to become
a switching yard.The lack of development proposals and the large amount of
Light Industrial on the Plan and zoned,does raise the question,if the industrial is
still needed.
Several years ago the City did initiate a Land Use review of the property to the
north and did modify a large area to Mixed Commercial Industrial and Light
Industrial from industrial and Light Industrial.With the zoning pattern the City did
not feel it could change the Plan further.In the past at least one property owner
3
July 6,2006
ITEM NO.:C Cont.FILE NO.:LU06-16-02
has discussed the idea of large-lot residential for a portion of this property.
However no activity resulted from this talk.
Currently the Plan goes from Single Family to Light Industrial with no transition or
buffer.A change for this property would remove all the Light Industrial south of
Alexander Road for the Plan.While there would be some industrial zoning still
in-place,it would be all Arkansas Power and Light ownership.Otter Creek would
make a good buffer.Since the Public Institutional area is a power generation
area a buffer would be appropriate.
A modification to the Plan would appear to result in a more defensible and
appropriate land use configuration.Using a major road as a land use change
line is more appropriate than having two such dissimilar uses contiguous.An
Arterial could create a large gap between the uses as long as the orientation of
the uses on either side is complimentary.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:Alexander Road,
Meyer Lane,and Quail Run Neighborhood Associations and SW Little Rock UP.
Staff has received one request for additional information from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION:(MAY 25,2006)
The applicant failed to provide the required notice and the item was placed on
consent agenda for Defer.By a vote of 7 for 0 agianst the consent agenda was
approved.
STAFF UPDATE:
At the request of a property area the amendment area has been reduced.The
ownership of APB L will not be included in this change.At a later date,Staff will
bring a change from Light Industrial to Public Institutional for this land.(Over
90%of APBL land is current shown as Public Institutional.)Staff recommends
approval of the modified Land Use Plan amendment from Light Industrial to
Single Family.
4
July 6,2006
ITEM NO.:C FILE NO.:LU06-16-02
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The applicant failed to complete the required notifications.The item was placed
on the consent agenda for deferral.By a vote of 9 for and 0 against the consent
agenda was approved.
5
July 6,2006
ITEM NO.:D FILE NO.:Z-6396-A
Owner:Keith and Diane Everett
Applicant:Keith Everett
Location:11617 Alexander Road
Area:9.87 Acres
Request:Rezone from I-1 to R-2
Purpose:Construction of single family residence
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Undeveloped property (across Alexander Road);zoned I-1
and I-2
South —Undeveloped property;zoned 1-2
East —Mobil home park and single family residences on large lots;
zoned R-2
West —Single family residence and vacant commercial building;zoned I-2
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,Meyer Lane and Quail Run Neighborhood Associations were
notified of the public hearing.
July 6,2006
ITEM NO.:D Cont.FILE NO.:Z-6396-A
D.LAND USE ELEMENT:
This request is located in the Otter Creek Planning District.The Land Use
Plan shows Light Industrial for this property.The applicant has applied for
a R-2 for a single family home.
A land use plan amendment for a change to Single Family is a separate
item on this agenda.
Master Street Plan:
Alexander Road is shown as an Arterial on the plan.An Arterial functions
to move traffic in and through the urban area.Alexander Road is currently
a two-lane road with ditches.The City has no funds designated for the
improvement of this Arterial at this time.It is not built to standard,additional
right-of-way and street improvement may be requested.
The Master Street Plan,Bicycle section,calls for Class I Bike Routes
along Alexander Road and along Otter Creek.Class I Bike Routes have a
separate pavement area for the sole use of bicycles.
Cit Reco nized Nei hborhood Action Plan:
The Site is within the Chicot West,1-30 East Neighborhood Plan.The
Neighborhood Plan identified two infrastructure needs in this area:to
widen Alexander Road with sidewalk,curb,gutter and bicycle lane,and to
correct flooding problem at the bridge over Otter Creek on Alexander
Road.
E.STAFF ANALYSIS:
Keith Everett,owner of the 9.87 acre property at 11617 Alexander Road,is
requesting to rezone the property from "I-1"Industrial Park District to "R-2"
Single Family District.The rezoning is proposed to allow for construction of
a single family residence.
Some site work is currently taking place on the property in preparation for
construction of a new single family home.There is an old accessory
structure/barn on the property.The rear (south)portion of the property is
undeveloped.
2
July 6,2006
ITEM NO.:D Cont.FILE NO.:Z-6396-A
The property to the north (across Alexander Road)is currently undeveloped
and zoned 1-1 and 1-2.The property to the south is also undeveloped and
zoned I-2.There is a single family residence and a vacant
commercial/industrial building located on the properties to the west.A
mobile home park and single family residences on large lots are located to
the east.
The City's Future Land Use Plan designates this property as Light
Industrial.A Land Use Plan Amendment for a change to single family is a
separate item on this agenda (LU06-16-02).
Staff is supportive of the requested rezoning.Staff views the requested
downzoning of this property to R-2 for construction of a single family home
as a very minor issue.Although there is a considerable amount of industrial
and light industrial zoned property in this general area,very little of it has
been developed,except for a few of the properties along Vimy Ridge Road
near interstate 30.Staff feels that the requested rezoning to R-2 is
appropriate,and should have no adverse impact on the adjacent properties
or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested R-2 rezoning.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Staff informed the Commission that the application needed to be deferred to the
July 6,2006 agenda due to the fact that the applicant failed to send the required
notifications to surrounding property owners.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the May 25,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 7 ayes,0 nays and 4 absent.
The application was deferred.
PLANNING COMMISSION ACTION:(JULY 6,2006)
Staff informed the Commision that the application needed to be deferred to the
August 17,2006 agenda due to the fact that the applicant failed to send the
required notifications to surrounding property owners
3
July 6,2006
ITEM NO.:D Cont.FILE NO.:Z-6396-A
The Chairman placed the item before the Commission for the inclusion within the
Consent Agenda for deferral to the August 17,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays,and 2 absent.
The application was deferred.
4
July 6,2006
ITEM NO.:E FILE NO.:Z-8042
NAME:Chenal —Highway 10 Car Wash —Conditional Use
Permit
LOCATION:NE corner of Chenal Parkway and Cantrell Road
OWNER/APPLICANT:Eugene M.Pfeifer,III /White-Daters 8 Associates
PROPOSAL:A conditional use permit is requested to allow for
construction of a car wash on this C-3 zoned,1.6 acre
tract.
1.SITE LOCATION:
The property is located within the commercial node at the northeast
corner of the intersection of Chenal Parkway and Cantrell Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The surrounding properties are principally commercial in use and zoning.
The PCD zoned property to the west contains a convenience store with a
single bay automatic car wash.A mini warehouse development is
adjacent to the north.A Walmart Store is located to the south.The site is
adjacent to R-2 zoned property to the east but that property is occupied byautilitysubstation,not a residence.This site will be developed to comply
with the Highway 10 Overlay.The proposed development should be
compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet of the site who could be identified and the Duquesne
Place,Aberdeen,Maryland Manor and Coalition of West Little Rock
Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The applicant has proposed two points of access a right-in/right-out
driveway off of Cantrell and a driveway onto Chenal Parkway.Staff does
not support the Cantrell driveway which does not comply with ordinance
spacing requirements.There is sufficient parking and stacking space on
the site to accommodate the use.
July 6,2006
ITEM NO.:E Cont.FILE NO.:Z-8042
4.SCREENING AND BUFFERS:
Site plan must comply with the City's landscape and buffer ordinance
requirements and must comply with the Highway 10 Overlay
requirements.
Recommend relocation of the vacuums to the rear of the property.
Berming is encouraged along Scenic Highway 10.
A twenty-five foot (25')wide land use buffer is required to separate this
proposed development from the residential property on the eastern
perimeter of the site.Seventy percent (70%)of this buffer is to remain
undisturbed.
A six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall,or dense evergreen plantings,is required along
the eastern perimeter of the site.Credit towards fulfilling this requirement
can be given for existing trees and undergrowth that satisfies this year-
around requirement.
A small amount of building landscaping is required.
An automatic irrigation system to water landscaped area will be required.
5.P U B L I C WORKS COMMENTS:
1.Driveway locations do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210.Little Rock Code
requires minimum spacing of 300 feet between driveways and
intersections.Due to the size of the lot,a single driveway on Chenal
Parkway that aligns with the driveway from the development across
the street is allowed.
2.With site development,provide design of Highway 10 and Chenal
Parkway conforming to the Master Street Plan.Construct one-half
street improvement to these streets including 5-foot sidewalks with
planned development.
3.Improve corner curb radius to 31.5 feet radius with construction.A
right turn lane is required to be constructed on Highway 10 along with
intersection innprovements to meet Master Street Plan for arterial
intersections.
4.Obtain permits for improvements within State Highway right-of-way
from AHTD,District Vl.
5.A grading permit in accordance with Section 29-186 (c)8 (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
2
July 6,2006
ITEM NO.:E Cont.FILE NO.:Z-8042
approved prior to the start of construction.
6.Storm water detention ordinance applies to this property.Show the
proposed location for storm water detention facilities on the plan.7.If disturbed area is one (1)or more acres,obtain a NPDES stormwaterpermitfromtheArkansasDepartmentofEnvironmentalQuality
prior to the start of construction.
8.On site striping and signage plans should be forwarded to Public
Works,Traffic Engineering for approval with the site development
package.
9.Prepare a letter of pending development addressing street lights as
required by Section 31-403 of the Little Rock Code.Contact Traffic
Engineering at (501)379-1813 (Steve Philpot)for more information
regarding street light requirements.
10.Obtain permits prior to doing any street cuts or curb cuts.Obtain
barricade permit prior to doing any work in the right-of-way.Contact
Traffic Engineering at (501)379-1817 (Derrick Bergfield)for more
information.
11.Chenal Parkway is classified on the Master Street Plan as a minor
arterial.A right-of-way 45 feet from centerline is required.Per
Section 7 of the Master Street Plan,at minor arterial-principal arterial
intersections an additional 10 feet of right-of-way measured from the
centerline of the right-of-way for a right turn lane is required and 250feetinlengthmeasuredfromtheintersectingright-of-way.At the
intersection,a right-of-way dedication of 55 feet is required.The
intersecting right-of-way line shall have a radius of 75 to 100 feet.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available.Oil and sand interceptor required per Little
Rock Wastewater Utility standards.
Entergy:No comments received.
CenterPoint Energy:No comments received.
Southwestern Bell.No comments received.
Water:Waterline easement (Inst No.98-052114)should be shown.All
Central Arkansas Water requirements in effect at the time of request
for water service must be met.Contact Central Arkansas Water
regarding the size and location of the water meter.Additional fire
hydrant(s)may be required.Contact the Little Rock Fire Department
to obtain information regarding the required placement of the
hydrant(s)and contact Central Arkansas Water regarding procedures
for installation of the hydrant(s).
3
July 6.2006
ITEM NO.:E Cont.FILE NO.:Z-8042
Fire Department:No comments received.
County Planning:No Comments.
CATA:During the development of this parcel as part of the
Chenal/Highway 10 Car Wash project,located on Chenal Parkway at
Highway 10,the Central Arkansas Transit Authority requests that a
bus turnout be included on northbound Chenal Parkway just north of
Highway 10.This improvement will enhance operating safety,as it will
allow the bus to pull out of the traveled lane while discharging
customers along Chenal Parkway.As an alternative,a paved shoulder
with a width of 10 feet or greater would also be sufficient to ensure a
safe bus stop location.Contact CATA's Planning Manager Eric
Meyerson at 375-6717 for questions.
SUBDIVISION COMMITTEE COMMENT:(MAY 4,2006)
The applicant was present.Staff presented the item and asked the applicant to
provide days and hours of operation as well as a signage plan.Staff noted the
pavement on the west perimeter needed to be removed from the required buffer.
Staff recommended moving the vacuum islands to the rear of the property.The
applicant was asked to provide information on the vacuum island canopies;
noting no signage was permitted on the canopies which denoted the name of the
facility.The applicant responded that the vacuums were placed at the front for
safety purposes.
Public Works,Utility and Landscape comments were discussed.Staff noted the
proposed driveway onto Cantrell Road was not permitted.Staff noted CATA's
request for a bus turn-out.The applicant stated he would get with staff on these
issues.
The applicant requested a variance from the screening requirement on the east
perimeter since that R-2 zoned property was occupied by a utility substation.
The applicant was advised to respond to staff issues by May 10,2006.The
Committee forwarded the item to the full Commission.
4
July 6,2006
ITEM NO.:E Cont.FILE NO.:Z-8042
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of a car wash onthisundeveloped,1.62 acre,C-3 zoned tract.The development will consist of asinglebuildinghousingthreeautomaticcarwashbaysandtwomanualcarwashbays.Three vacuum islands will be located at the rear of the site.The applicanthasproposeddrivewaysontobothCantrellRoadandChenalParkway.The sitehasbeendesignedtocomplywiththeHighway10OverlayDistrictstandards
regarding setbacks,buffers and signage.A variance is requested from thescreeningontheeastperimeterwheretheadjacent,R-2 zoned property isoccupiedbyautilitysubstation.
The proposed building structure is concrete block and glazed block with an EIFS
and simulated stone veneer.The roof system is wood truss,7/l2 pitch with OSB
decking and simulated slate shingles.Signage will consist of wall signs on the
south and west facades and a single ground-mounted sign which complies with
the Highway 10 maximum of six (6)feet in height and seventy-two (72)squarefeetinarea.Lighting will be shielded downward and into the site.Hours of
operation are twenty-four (24)hours a day,seven (7)days a week.An employee
will be on site two (2)hours,Sunday —Thursday and six (6)hours on Fridays
and Saturdays.The dumpster is located at the back corner of the site and will
be screened as required by the ordinance.Three vacuum islands are located attherearoftheproperty.A CATA bus turnout is being provided as requested;onChenalParkway.There is no Bill of Assurance issue.
The applicant submitted responses to most of the issues raised at Subdivision
Committee and reflected in the analysis above.The applicant is requesting a
waiver of the screening requirement on the east perimeter where the site is
adjacent to R-2 zoned property.Staff is supportive of the waiver since that
adjacent property is developed with an Entergy Substation,not a residential use.The required twenty-five (25)foot landscaped buffer will be installed on the
perimeter of the site.The applicant is requesting to have a right-in/right-out
driveway on Cantrell Road.Staff does not support this request.The proposed
driveway does not comply with Ordinance spacing requirements.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject tocompliancewiththefollowingconditions:
1.Compliance with the comments and conditions outlined in Sections 4,5 and 6oftheagendastaffreport.
2.All site lighting is to be shielded downward and into the site.
3.The site is to be cleaned on a daily basis.
5
July 6,2006
ITEM NO.:E Cont.FILE NO.:Z-8042
4.There is to be no signage on the vacuum islands denoting the name of thefacility.
Staff recommends approval of the requested waiver of the screeningrequirementalongtheeasternperimeterofthesite.
Staff recommends denial of the applicant's request to have a driveway ontoCantrellRoad.
PLANNING COMMISSION ACTION:(MAY 25,2006)
The applicant was present.There were no objectors present.Staff informed theCommissionthattheapplicanthad,on May 25,2006,requested deferral of the
item to continue discussions with staff regarding the driveway issue.There wasnofurtherdiscussion.
A motion was made to approve a bylaw waiver to accept the late request for
deferral.The motion was seconded and approved by a vote of 7 ayes,0 noes
and 4 absent.
The item was then placed on the Consent Agenda approved for deferral to the
July 6,2006 meeting by a vote of 7 ayes,0 noes and 4 absent.
STAFF UPDATE:
The applicant has continued to work with staff regarding the Cantrell Road
driveway.The driveway as now proposed is a right-in/right-out only with an
8'urbedislandtocontrolmovement.Staff now supports the driveway,as
pl oposed.
PLANNING COMMISSION ACTION:(JLILY 6,2006)
The applicant was present.There were no objectors present.Staff presented the
item and a recommendation of approval subject to compliance with the
conditions out lined in the "staff recommendation"above.Staff also
recommended approval of the requested waiver of the screening requirement
along the eastern perimeter of the site and of the applicant's request to have a
driveway onto Cantrell rd.with the design approved by staff.There was no
further discussion.The item was placed on the consent agenda and approved as
recommended by staff by a vote of 9 ayes,0 noes and 2 absent.
6
July 6,2006
ITEM NO.:F 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-18,0-2 and C-3 to R-2,0-3,
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.P U B LI C NOTIF ICATION:
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.
July 6,2006
ITEM NO.:F Cont.FILE NO.:Z-5936-F
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,0-3 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.
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.
Cit Reco nized Nei hborhood 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:
Deltic Timber Corporation,owner of the 40.03 acre tract at the northwest
corner of Chenal Parkway and Rahling Road,is requesting that the zoning
be reclassified from 'MF-18"Multifamily District,"0-2"Office and
Institutional District and "C-3"General Commercial District to "R-2"Single
Family District,"0-3"General Office District,"C-3"General Commercial
District and "OS"Open Space District.The rezoning is proposed for future
2
July 6,2006
ITEM NO.:F Cont.FILE NO..Z-5936-F
development of the property.
The applicant has divided the 40.03 acre property into eight (8)parcels
proposed for rezoning.The individual parcels are as follows:
Parcel 0 Area
1 10.43 acres 0-2 to R-2
2 8.78 acres MF-18 to R-2
3 0.71 acre MF-18 to OS
4 0.44 acre C-3 to OS
5 1.00 acres 0-2 to OS
6 1.94 acres 0-2 to 0-3
7 6.93 acres 0-2 to C-3
8 9.80 acres 0-2 to OS
This property was previously zoned PCD —Planned Commercial
Development.The Planning Commission approved a request to revoke the
PCD zoning on February 16,2006.On March 21,2006,the Board of
Directors approved the revocation (Ordinance No.19501),reverting the
property's zoning back to MF-18,0-2 and C-3.
The 40.03 acre property is currently undeveloped and wooded.The
property slopes downward from Chenal Parkway to the west.There are
residential uses and the Chenal Golf Course property to the north,with
undeveloped property and additional residences to the south.Undeveloped
property,zoned MF-18,C-2 and C-3,is located to the east.Additional
portions of the golf course and additional residences are located to the
west.
The City's Future Land Use Plan designates this property as Neighborhood
Commercial,Low Density Residential and Single Family.A Land Use Plan
Amendment for a change to commercial,office and single family is a
separate item on this agenda (LU06-19-02).The Land Use Plan
Amendment was expanded to include property in addition to the 40.03
acres proposed for rezoning.
Staff is supportive of the rezoning request.Staff views the request as
reasonable.The applicant is proposing a total of 19.21 acres for R-2
zoning and 11.95 acres of OS zoning.The proposed OS zoning will serve
as a buffer between the existing and proposed R-2 zoning to the north and
west,and the future office and commercial uses along the future extension
of Rahling Road,west of Chenal Parkway.A minimal amount of the overall
3
July 6,2006
ITEM NO.:F Cont.FILE NO.:Z-5936-F
property is proposed for 0-3 (1.94 Acres)and C-3 (6.93 Acres).Staff
believes this rezoning request is appropriate and is also supporting this
portion of the proposed Land Use Plan Amendment (LU06-19-02).The
proposed zonings should have no adverse impact on the adjacent
properties or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested R-2,0-3,C-3 and OS
rezoning.
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.
PLANNING COMMISSION ACTION:(MAY 11,2006)
Staff recommended to the Commission that the application be deferred to the
May 25,2006 Agenda,to allow staff additional time to study the Land Use Plan
issues in the area.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the May 25,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 10 ayes,0 nays and 1 absent.
The application was deferred.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Tim Daters and Bill Spivey were present,representing the application.The
proposed rezoning was presented by staff and discussed by the Planning
Commission simultaneously with other items (rezonings,land use amendments
and planned zoning developments)in the Chenal area.Ernie Peters,of Peters
and Associates,made a presentation to the Commission regarding a traffic
study,which his firm recently completed for this area of Chenal.
The Planning Commission discussed deferring the applications in order to allow
more time to consider the traffic study.Tim Daters and Bill Spivey addressed the
4
July 6,2006
ITEM NO.:F Cont.FILE NO.:Z-5936-F
Commission.They briefly discussed the issue of deferral.Mr.Spivey presented
the Commission with a letter and copy of Resolution No.9,158 which addresses
the use of public funds for the future widening of Chenal Parkway.Mr.Daters
requested deferral of the application.Staff noted the deferral would be to the
July 6,2006 Agenda.
There was a motion to defer the application to the July 6,2006 Agenda.The
motion passed by a vote of 6 ayes,0 nays and 5 absent.The application was
deferred.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was approved.
5
July 6,2006
ITEM NO.:G FILE NO.:LU06-19-02
Name:Land Use Plan Amendment —Chenal Planning District
Location:West of Chenal,north of Kanis Road
Retluest: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.
STAFF UPDATE:
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 (e.g.legal,financial,medical)as
July 6,2006
ITEM NO.:G Cont.FILE NO.:LU06-19-02
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.
EXISTING LAND USE AND ZONING:
The property is vacant currently zoned MF18,Multifamily 18 units,02 Office 5
Institutional,and Planned Office District and is 57 acres +in size.To the northeast are
C2 Shopping Center,C3 General Commercial and Planned Commercial District tracts.
Most of this land remains vacant and wooded.A few of the offices and retail uses have
been constructed in the Planned Commercial District west of Chenal Parkway.To the
southeast is MF 18 and R2 Single Family land.The MF18 land is vacant and the R2
land is mostly developed as large lot and rural residential.To the Southwest is primarily
R2 land with a couple of C1 Neighborhood Commercial and C3 pieces along Kanis
Road.Most of the R2 land is vacant or developed as rural and large lot residential.
The C3 and C1 land is partial developed and partial vacant.To the northwest is mostly
R2 land with some MF6 Multifamily 6 units and MF18.All the land is developed as
single-family subdivisions with a golf course.There is a separate item on this agenda
to change some of the zoning within the amendment area.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
May 18,2004,a change from Single Family to Office,south of Cantrell Road between
Chenonceau and Chevaux a mile to the north of the site.This change was made
related to a Planned Office District reclassification to allow for future redevelopment of
the land.
January 20,2004,a change from Office to Mixed Use south of Rahling Road either side
of Champlin Drive,north of the site.This change was made to allow for future
development of the land (no reclassification was included at the time).
June 17,2003,changes from Office,Multifamily and Single Family to Multifamily and
Low Density Residential in the same ownership as this site.These changes were made
to reflect new zoning in the area for future development.
June 4,2002,a change from Single Family to Suburban Office south of Cantrell Road
either side of Drew,a mile to the north of the site.This change was made related to a
Planned Office District reclassification to allow for future redevelopment of the land.
January 2,2002,a change from Single Family to Commercial,Suburban Office and
Open Space southeast of the Chenal-Northfield intersection over a mile to the
northwest of the site.This change was made related to a rezoning request for the area.
2
July 6,2006
ITEM NO.:G Cont.FILE NO.:LU06-19-02
The land use plan for most of this area reflects the use pattern of a Planned
Commercial District,which was approved by the City many years ago to develop a 'neo-
traditional'evelopment for the area.North of the application area is a large area of
Commercial to the Chenal-Rahling intersection.To the east is Office then Multifamily
use areas.To the southeast is a Commercial area at Kanis-Chenal Parkway then
Single Family.To the south is Multifamily use then Single Family.To the southwest is
Multifamily around a Commercial Node at Kanis and the proposed West Loop (Rahling
Road).West of the application is a Single Family use area.
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
around 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.
PARKS:
The Little Rock Parks and Recreation Master Plan indicates this site is currently within
8-blocks of an existing public or private park or open space.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little Rock
recognized neighborhood action plan.
3
July 6,2006
ITEM NO.:G Cont.F I LE NO.:LU06-19-02
ANALYSIS:
This is an area which has not seen much development yet.The area was annexed
almost twenty years ago.Land Use Plan for the area was adopted in the mid-1980s.
This was part of the "Little Rock Extraterritorial Land Use Plan"area,which was
adopted in 1986.Since then there has been one major Land Use Plan amendment for
this area.The owner (Chenal Properties)proposed to develop a 'town center'sing the
neo-traditional development standards.A Planned Commercial District was approved
for the proposed development and the Land Use Plan was changed to reflect this new
use pattern.
The Planned District for this mixed use 'town center'as been repelled now.The
owner has proposed and been approved for a large shopping center using the Power
Center and main street retail design concepts.This development is half of the former
Planned District and is between Rahling,La Grande and Chenal Parkway.The
amendment proposed here is the remaining area of the former Planned District —west
and south of the new proposed 'Power Center'.
Development has been occurring to the northwest and northeast of this application
area.Subdivisions with 'high-end'omes have been developed both to the northwest
and east.A large office development with multiple buildings has been constructed just
to the east of the application area.All of this development has occurred in the last
fifteen years.Currently the site is wooded and vacant.The city limits is not too far to
the south and southwest of the application area.
The major intersection is the Rahling-Chenal intersection however there is a high
concentration of major roads in this vicinity.Rahling Road,Chenal Parkway and Kanis
Road are all arterials,which are major roads.La Grande,and Chenampagnolle are
Collectors.Only a portion of LaGrande and none of Rahling Road are constructed
along the amendment request.
The proposed 'power center's zoned C2 Shopping Center and represents most of the
currently zoned commercial land in the vicinity of the Rahling-Chenal Parkway
intersection.The Plan change has two parts.For most of the area north and west of
Rahling Road there is a companion-rezoning item.The request is to recognize the pre-
PCD commercial at Rahling and Chenal and to keep the commercial area of the PCD
north of Rahling Road.Rahling would be lined with commercial almost to Rock Creek.
An area of office is proposed which would be the entrance to a small single-family area.
The second area is the south frontage of LaGrande.There is no zoning request at this
time.Currently the Plan shows Office along the eastern frontage and multifamily along
the west.There is a Planned Office District where the Office is shown and Multifamily-
18 zoning where the multifarnily is shown.The Mixed Office Commercial designation
requires that some part of the area have office,but does not require a percentage.
4
July 6,2006
ITEM NO.:G Cont.FILE NO.:LU06-19-02
The first area of the request northwest of the Rahling-Chenal Parkway intersection is
basically to recognize the existing zoning pattern along Rahling Road.The changes to
the north reduce the intensity of the development that would result.The resulting land
use pattern and zoning pattern would be between that of the current zoning and the
current Land Use Plan.The major change is more commercial along Rahling Road and
less density of residential north of this.It should be noted that a portion of the
Commercial has been purchased by a bank for their main office.These changes are
minor and are basically a rearrangement of uses.
The second area would introduce Commercial use along the south side of La Grande.
There are significant areas shown for,yet to develop,at the Rahling Road-Chenal
Intersection and to the south at the Kanis-Chenal Parkway intersection.The idea of
changing the Land Use Plan to Mixed Office Commercial along the full length of a street
has the appearance of 'strip'evelopment.The practice in Mixed Office Commercial
areas has been for predominately commercial developments.Thus 'strip'ommercial
is a possibility with this change.
With all the Commercial shown in the area there does not appear to be a need to add
the possibility of commercial for this land.There will be a need for residences near
these future employment sources for the service workers that will be need to staff them.
Having Multifamily or Low Density Residential in close proximity would seem
appropriate.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:St Charles Community
Association and Coalition of West Little Rock Neighborhoods.Staff has received no
comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the changes north of Rahling Road are appropriate but the changes
south of LaGrande area not appropriate.
PLANNING COMMISSION ACTION:(MAY 11,2006)
At the request of Staff to allow time to resolve issues the item was placed on consent
agenda for deferral to May 25,2006.By a vote of 10 for 0 against (1 absent)the
consent agenda was approved.
5
July 6,2006
ITEM NO.:G Cont.FILE NO.:LU06-19-02
STAFF UPDATE:
Staff is continuing to review the area and proposals for the area of this action.
Additional information and recommendation are forthcoming.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Items K,L,M,2 and 3 were combined for presentation by Staff.Walter Malone,
Planning Staff,reviewed this the Commission the Land Use Study begun along Kanis
Road from Chenal to Dennis Road.This study was begun at the request of the Board
of Directors as a result of a Land Use Plan change between Rock Creek to Kanis Road
from Multifamily to Commercial.After reviewing the Study proposals,Mr.Malone
reviewed each of the Land Use Plan requested changes and the surrounding Land Use
Plan.Staff is supported of the changes proposed in items K,L and M.Staff does not
support the changes requested in items 2 and 3.Staff could support a change from
Office to Mixed Use for the area within item 3.
Ms.James next made a staff presentation for the Planned Zoning District applications,
items N,0 and P (see minutes of those items for presentation).Mr.Moore,Planning
Staff made the presentation on items J,2.1 and 3.1 (see minutes of those items for
presentation).Mr.Ernie Peters,Peters and Associates presented the traffic study
information completed for both applicants.In short the development would add 500
(Deltic)and 1000 (Wisenhunt)to the PM peck.The improvements each would make
would more than off set the increased demands on the road network.This is not to say
that other intersection in the network would not need further improvements.
Commission Allen indicated he had been called away for another meeting and thus the
commission was going to have only 6 members for these items.Commissioner
Rahman expressed concerns about moving foreword since the Traffic Study had just
become available and he wished to have time for a more complete review.(He
indicated he might now not be able to support any of the requests).Each applicant was
asked if they wished to defer.After some discussion Mr.Spivey and Mr.Daters for the
Deltic applicants agreed to defer items J,K,2,2.1,3 and 3.1.By a vote of 6 for and 0
against the commission voted to defer these items to July 6,2006.
STAFF UPDATE:
There has been no further contact by the applicant on this issue.No new information
has been presented to Staff and the recommendation remains unchanged.
6
July 6,2006
ITEM NO.:G Cont.FILE NO.:LU06-19-02
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The item was placed on the consent agenda for approval.By a vote of 9 for and 0
against the consent agenda was approved.
7
July 6,2006
ITEM NO.:H FILE NO.:LU06-19-03
Name:Land Use Plan Amendment —Chenal Planning District
Location:Southwest corner of Rahling Road and Champlin Drive
Request:Mixed Llse to Commercial
Source:Tim Daters,White-Daters
PROPOSAL /REQUEST:
Land Use Plan amendment in the Chenal Planning District from Mixed Use to
Commercial.Commercial represents a broad range of retail and wholesale sales
of products,personal and professional services,and general business activities.
A request to reclassify the property C-3 General Commercial is an accompanying
item.
EXISTING LAND USE AND ZONING:
The property is undeveloped currently zoned C-1 Neighborhood Commercial and
0-3 General Office and is 6.25 acres s in size.To the south,southeast,and
west is MF-18,Multifamily 18 units per acre and MF-6,Multifamily 6 units per
acre land.The area to the south is undeveloped.To the southeast and the west
are apartment complexes.Further to the south is the site of a proposed 50 acre
church development.Further to the east and south are single-family
subdivisions.To the north and northeast is C-1 Neighborhood Commercial,0-2
Professional Office and 0-3 General Office.This land is vacant undeveloped.
There is a structure under construction on the 0-3 land to the northeast along
Rahling Road.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
May 18,2004,a change from Single Family to Office,south of Cantrell Road
between Chenonceau and Chevaux,a mile to the northwest of the site.This
change was made related to a Planned Office District reclassification to allow for
future redevelopment of the land.
January 20,2004,a change from Office to Mixed Use south of Rahling Road
either side of Champlin Drive,for the application area.This change was made to
allow for future development of the land (no reclassification was included at the
time).
July 6,2006
ITEM NO.:H Cont.FILE NO.:LU06-19-03
June 17,2003,changes from Office,Multifamily and Single Family to Multifamily
and Low Density Residential south of Chanel Parkway around Rahling Road,a
half mile to the southwest.These changes were made to reflect new zoning in
the area for future development.
June 4,2002,a change from Single Family to Suburban Office south of Cantrell
Road either side of Drew,a mile to the northwest of the site.This change was
made related to a Planned Office District reclassification to allow for future
redevelopment of the land.
January 2,2002,a change from Single Family to Commercial,Suburban Office
and Open Space southeast of the Chenal-Northfield intersection over a mile to
the northwest of the site.This change was made related to a rezoning request
for the area.
The Plan shows the application area of Mixed Use.To the south,west and east
the Plan Shows Multifamily.Beyond this to the west is a large area at Rahling
and Chenal Parkway of Community Shopping and Commercial use.A large
area of Office is shown to the southwest and northwest.The southwest area is
mostly developed along Arkansas System Drive.To the northwest is
undeveloped Office along Chenal Drive.Further to the southeast,east and
northeast is Single Family.
MASTER STREET PLAN:
Rahling Road and Champlin Drive are shown as Arterials on the plan.An
Arterial functions to move traffic through and around 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.
BICYCLE PLAN:
The Master Street Plan,bicycle section,proposes a Class I bike route along
Rahling Road.A Class I route has a separate pavement for the sole use of
bicycles.
PARKS:
The Little Rock Parks and Recreation Master Plan indicates this site is close to
meeting the goal of being with 8-blocks of an existing public or private park or
open space.Additional recreational or open space will be needed in the general
area to the north.
2
July 6,2006
ITEM NO.:H Cont.FILE NO.:LU06-19-03
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The application area is partially cleared land.There is a small business center
under construction to the east along Rahling Road.Two large apartment
communities have been built near by.One is to the southeast the other is west
of the site.Most of the surrounding land remains vacant and available for
development.This is a part of the 'Chenal Valley'evelopment area and is part
of the high growth area of Little Rock.Thus it is a developing part of the City.
Most of the large office area to the southwest has been developed.
Development in the immediate area has been slow,with two apartment
complexes,a church and now a small business center (office and retail).The
primary growth area of 'Chenal Valley'as been to the west and northwest of
this site.To the east several other residential developments have been moving
to the west with new homes.
The 'Chenal Master Plan'nd the City's Land Use Plan call for an intense
commercial area at the Rahling Road-Chenal Parkway intersection.Most of this
land,after two decades,is yet to develop or have building plans under review for
construction.Only the southeast corner is partially developed with commercial
and small offices.
To the south and southeast is the site of a proposed 50-acre church,which is on
this same agenda.This complex will be on the east side of Champlin Drive just
south of the application area.This will include some of the area south of the site
currently shown for Multifamily.It is expected that the church complex and street
connections will all be made within the next two years.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:St Charles
Community Association.Staff has received no comments from area residents.
3
July 6,2006
ITEM NO.:H Cont.FILE NO.:LU06-19-03
STAFF RECOMMENDATIONS:
Staff is continuing to review the area and proposals for the area of this action.
Additional information and recommendation are forthcoming.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Items K,L,M,2 and 3 were combined for presentation by Staff.Walter Malone,
Planning Staff,reviewed this the Commission the Land Use Study begun along
Kanis Road from Chenal to Dennis Road.This study was begun at the request
of the Board of Directors as a result of a Land Use Plan change between Rock
Creek to Kanis Road from Multifamily to Commercial.After reviewing the Study
proposals,Mr.Malone reviewed each of the Land Use Plan requested changes
and the surrounding Land Use Plan.Staff is supported of the changes proposed
in items K,L and M.Staff does not support the changes requested in items 2
and 3.Staff could support a change from Office to Mixed Use for the area within
item 3.
Ms.James next made a staff presentation for the Planned Zoning District
applications,items N,0 and P (see minutes of those items for presentation).
Mr.Moore,Planning Staff made the presentation on items J,2.1 and 3.1 (see
minutes of those items for presentation).Mr.Ernie Peters,Peters and
Associates presented the traffic study information completed for both applicants.
In short the development would add 500 (Deltic)and 1000 (Wisenhunt)to the
PM peck.The improvements each would make would more than off set the
increased demands on the road network.This is not to say that other
intersection in the network would not need further improvements.
Commission Allen indicated he had been called away for another meeting and
thus the commission was going to have only 6 members for these items.
Commissioner Rahman expressed concerns about moving foreword since the
Traffic Study had just become available and he wished to have time for a more
complete review.(He indicated he might now not be able to support any of the
requests).Each applicant was asked if they wished to defer.After some
discussion Mr.Spivey and Mr.Daters for the Deltic applicants agreed to defer
items J,K,2,2.1,3 and 3.1.By a vote of 6 for and 0 against the commission
voted to defer these items to July 6,2006.
STAFF UPDATE:
There has been no further contact by the applicant on this issue.No new
information has been presented to Staff and the recommendation remains
unchanged.
4
July 6,2006
ITEM NO.:H Cont.FILE NO.:LU06-19-03
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant amended the application to Neighborhood Commercial.Staff
recommends approval of the amended application.The amended item was
placed on the consent agenda for approval.By a vote of 9 for and 0 against the
consent agenda was approved.
5
July 6,2006
ITEM NO.;FILE NO.:Z-6829-A
Owner:Deltic Timber Corporation
Applicant:Tim Daters,White-Daters and Associates
Location:Southwest corner of Rahling Road and
Champlin Drive
Area:6.93 Acres
Request:Rezone from MF-18,0-3 and C-1 to C-3
Purpose:Future Commercial Development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Undeveloped property and a church (across Rahling Road):
zoned R-2,0-2 and C-1
South —Undeveloped property;zoned MF-6 and MF-18
East —Undeveloped property and a multifamily development;
zoned MF-18,0-3 and C-1
West —Multifamily development,zoned 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 residents
within 300 feet who could be identified were notified of the public hearing.
There was no neighborhood association in the area to notify.
D,LAND USE ELEMENT.
This request is located in the Chenal Planning District.The Land Use
Plan shows Mixed Use for this property.The applicant has applied for a
C-3 for future retail development.
July 6,2006
ITEM NO.:I Cont.FILE NO.:Z-6829-A
A Land Use Plan Amendment for a change to Commercial is a separate
item on this agenda.
Master Street Plan:
Rahling Road and Champlin Drive are shown as Arterials on the plan.An
Arterial functions to move traffic through and around 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.
The Master Street Plan,bicycle section,proposes a Class I bike route
along Rahling Road.A Class I route has a separate pavement for the
sole use of bicycles.
Cit Reco nized Nei hborhood 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:
Deltic Timber Corporation,owner of the 6.93 acre property located at the
southwest corner of Rahling Road and Champlin Road,is requesting to
rezone the property from "MF-18"Multifamily District,"0-3"General Office
District and "C-1"Neighborhood Commercial District to "C-3'eneral
Commercial District.The rezoning is proposed for future commercial
development of the property.
The property is currently undeveloped.It appears that some site work has
taken place in the past within the north portion of the property.There are
some trees within the rear (south)portion of the property.
The City's Future Land Use Plan designates this property as Mixed Use.
A Land Use Plan Amendment for a change to Commercial is a separate
item on this agenda (LU06-19-03).
As of this writing,Staff is in the process of reviewing this rezoning
application in conjunction with the proposed Land Use Plan Amendment,
and other proposed rezonings and arnendrnents in this general area.
Staff is not prepared to make a recommendation at this time.The
recommendation will be presented to the Planning Commission prior to
the public hearing.
2
July 6,2006
ITEM NO.:I Cont.FILE NO.:Z-6829-A
F.STAFF RECOMMENDATION:
The staff recommendation on this item is forthcoming.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Tim Daters and Bill Spivey were present,representing the application.The
proposed rezoning was presented by staff and discussed by the Planning
Commission simultaneously with other items (rezonings,land use amendments
and planned zoning developments)in the Chenal area.Ernie Peters,of Peters
and Associates,made a presentation to the Commission regarding a traffic
study,which his firm recently completed for this area of Chenal.
The Planning Commission discussed deferring the applications in order to allow
more time to consider the traffic study.Tim Daters and Bill Spivey addressed the
Commission.They briefly discussed the issue of deferral.Mr.Spivey presented
the Commission with a letter and copy of Resolution No.9,158 which addresses
the use of public funds for the future widening of Chenal Parkway.Mr.Daters
requested deferral of the application.Staff noted the deferral would be to the
July 6,2006 Agenda.
There was a motion to defer the application to the July 6,2006 Agenda.The
motion passed by a vote of 6 ayes,0 nays and 5 absent.The application was
deferred.
PLANNING COMMISSION ACTION:(JULY 6,2006)
Staff informed the Commission that the applicant submitted a letter to staff on
July 5,2006 revising the application for rezoning to "C-1"Neighborhood
Commercial for the entire property.Staff supported the requested C-1 rezoning.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The revised application was
approved.
3
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July 6,2006
ITEM NO.:J FILE NO.:LU06-19-04
Name:Land Use Plan Amendment —Chenal Planning District
Location:Southwest corner of Rahling Road and Chenal Drive
Receuest:Office to Community Shopping
Source:Tim Daters,White-Daters
PROPOSAL /REQUEST:
Land Use Plan amendment in the Chenal Planning District from Office to
Community Shopping.Community Shopping represents for shopping center
development with one or more general merchandise stores.A request to
reclassify the property C-2,Shopping Center,is an accompanying item.
EXISTING LAND USE AND ZONING:
The property is undeveloped currently zoned 0-2,Office 8 Institutiona,use and
is 14.8 acres a in size.To the north is MF-24,Multifarnily 24 units per acre land.
An apartment complex is located on the majority of this land.The most northern
part is vacant.To the northeast is a Planned Residential District for a retirement
community.The land remains undeveloped.To the west is C-1,Neighborhood
Commercial,then 0-2,Professional 8 Institutional.This land is vacant and
wooded.To the southeast is a large new apartment complex with a zone of
MF18,Multifamily 18 units per acre.Beyond this is additional MF-18 land,which
is undeveloped.To the south is 0-2 land that is either undevelopable or
currently developed with office buildings.To the southwest is a Planned
Commercial District that is only half developed with structures housing both
office and retail uses.To the east is vacant wooded land zoned C-3,General
Commercial.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
May 18,2004,a change from Single Family to Office,south of Cantrell Road
between Chenonceau and Chevaux,a mile to the northwest of the site.This
change was made related to a Planned Office District reclassification to allow for
future redevelopment of the land.
January 20,2004,a change from Office to Mixed Use south of Rahling Road
either side of Champlin Drive,for the application area.This change was made to
allow for future development of the land (no reclassification was included at the
time).
July 6,2006
ITEM NO.:J Cont.FILE NO.:LU06-19-04
June 17,2003,changes from Office,Multifamily and Single Family to Multifamily
and Low Density Residential south of Chanel Parkway around Rahling Road,a
half mile to the southwest.These changes were made to reflect new zoning in
the area for future development.
June 4,2002,a change from Single Family to Suburban Office south of Cantrell
Road either side of Drew,a mile to the northwest of the site.This change was
made related to a Planned Office District reclassification to allow for future
redevelopment of the land.
January 2,2002,a change from Single Family to Commercial,Suburban Office
and Open Space southeast of the Chenal-Northfield intersection over a mile to
the northwest of the site.This change was made related to a rezoning request
for the area.
The Land Use Plan shows this site for Office use.To the north,northeast,and
southeast is Multifamily.Beyond this to the north is shown for Single Family.
The land to the east is shown for Neighborhood Commercial.Further along
Rahling Road to the east is Office then Single Family use.To the east at
Champlin Drive and Rahling Road is a small amount of Neighborhood
Commercial and Mixed Use.To the southwest at the Rahling Road-Chenal
Parkway intersection is a large area of Community Shopping and Commercial
use.
MASTER STREET PLAN:
Rahling Road is shown as an Arterial on the plan.An Arterial functions to move
traffic through and around 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.
Chenal Drive is shown as a Collector on the plan.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.
BICYCLE PLAN:
The Master Street Plan,bicycle section,proposes a Class I bike route along
Rahling Road.A Class I route has a separate pavement for the sole use of
bicycles.
2
July 6,2006
ITEM NO.:J Cont.FILE NO.:LU06-19-04
PARKS:
The Little Rock Parks and Recreation Master Plan indicates this site is not within
8-blocks of an existing public or private park or open space.Additional
recreational or open space will be needed in the general area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANA LYSI S:
The site is heavy wooded and has been zoned for office use since the mid-
1980s.This zoning and the Plan classification dates back to the Chenal Master
Plan completed twenty years ago.The Office of which this is a part was the
transition or step-down from the more intense commercial area around the
Chenal-Rahling intersection to the single-family homes sites beyond.
Immediately to the north and across Rahling to the south are tow apartment
communities.To the southwest is the Rahling Circle area that is developing as a
mix of retail and small offices.The remaining land surrounding this site is
undeveloped.To the northeast a large area has been cleared for the
development of a retirement community.This development would include
housing from duplexes to multifamily to assisted living.It should be noted that
the original developer of this project has decided not to proceed.Though a
similar development may occur in the future.
To date much of the commercial areas of the 'Chenal Valley'evelopment have
not developed.There were three originally proposed.Two are on Cantrell Road
and one at Chenal Parkway and Rahling Road.The two on Cantrell (at Chenal
Parkway and Chenonceau)have partially developed.The largest commercial
concentration was proposed to be at Chenal Parkway and Rahling Road.Only
the southeast corner (Rahling Circle)has development and not fully to date.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:St Charles
Community Association.Staff has received no comments from area residents.
3
July 6,2006
ITEM NO.:J Cont.FILE NO.:LU06-19-04
STAFF RECOMMENDATIONS:
Staff is continuing to review the area and proposals for the area of this action.
Additional information and recommendation are forthcoming.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Items K,L,M,2 and 3 were combined for presentation by Staff.Walter Malone,
Planning Staff,reviewed this the Commission the Land Use Study begun along
Kanis Road from Chenal to Dennis Road.This study was begun at the request
of the Board of Directors as a result of a Land Use Plan change between Rock
Creek to Kanis Road from Multifamily to Commercial.After reviewing the Study
proposals,Mr.Malone reviewed each of the Land Use Plan requested changes
and the surrounding Land Use Plan.Staff is supported of the changes proposed
in items K,L and M.Staff does not support the changes requested in items 2
and 3.Staff could support a change from Office to Mixed Use for the area within
item 3.
Ms.James next made a staff presentation for the Planned Zoning District
applications,items N,0 and P (see minutes of those items for presentation).
Mr.Moore,Planning Staff made the presentation on items J,2.1 and 3.1 (see
minutes of those items for presentation).Mr.Ernie Peters,Peters and
Associates presented the traffic study information completed for both applicants.
In short the development would add 500 (Deltic)and 1000 (Wisenhunt)to the
PM peck.The improvements each would make would more than off set the
increased demands on the road network.This is not to say that other
intersection in the network would not need further improvements.
Commission Allen indicated he had been called away for another meeting and
thus the commission was going to have only 6 members for these items.
Commissioner Rahman expressed concerns about moving foreword since the
Traffic Study had just become available and he wished to have time for a more
complete review.(He indicated he might now not be able to support any of the
requests).Each applicant was asked if they wished to defer.After some
discussion Mr.Spivey and Mr.Daters for the Deltic applicants agreed to defer
items J,K,2,2.1,3 and 3.1.By a vote of 6 for and 0 against the commission
voted to defer these items to July 6,2006.
STAFF UPDATE:
There has been no further contact by the applicant on this issue.No new
information has been presented to Staff and the recommendation remains
unchanged.
4
July 6,2006
ITEM NO.:J Cont.FILE NO.:LU06-19-04
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant amended the application to Mixed Use.Staff recommends
approval of the amended application.The amended item was placed on the
consent agenda for approval.By a vote of 9 for and 0 against the consent
agenda was approved.
5
July 6,2006
ITEM NO..K FILE NO.:Z-7024-A
Owner:Deltic Timber Corporation
Applicant:Tim Daters,White-Daters and Associates
Location:Northwest corner of Rahling Road and Chenal
Valley Drive
Area:14.81 Acres
Request:Rezone from 0-2 to C-2
Purpose:Future Commercial Development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Multifamily development;zoned MF-24
South —Multifamily development,undeveloped property and a
commercial/office development (cross Rahling Road);
zoned MF-18,0-2 and PCD
East —Undeveloped property (across Chenal Valley Drive);zoned PD-R,
C-1,and 0-2
West —Undeveloped property;zoned 0-2 and 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 and all residents
within 300 feet who could be identified were notified of the public hearing.
There was no neighborhood association in the area to notify.
July 6,2006
ITEM NO.:K Cont.FILE NO.:Z-7024-A
D.LAND USE ELEMENT:
This request is located in the Chenal Planning District.The Land Use
Plan shows Office for this property.The applicant has applied for a C-2
for future retail development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
Master Street Plan:
Rahling Road is shown as an Arterial on the plan.An Arterial functions to
move traffic through and around 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.
Chenal Drive is shown as a Collector on the plan.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.
The Master Street Plan,bicycle section,proposes a Class I bike route
along Rahling Road.A Class I route has a separate pavement for the
sole use of bicycles.
Cit Reco nized Nei hborhood 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:
Deltic Timber Corporation,owner of the 14.81 acre property located at the
northwest corner of Rahling Road and Chenal Valley Drive,is requesting
to rezone the property from "0-2'ffice and Institutional District to "C-2"
Shopping Center District.The rezoning is proposed for future commercial
development of the property.
The property is currently undeveloped and tree covered.The property
immediately to the north is zoned MF-24 and contains an apartment
development.There is an apartment development,undeveloped property
and a commercial/office development ("The Villages at Rahling Road")
2
July 6,2006
ITEM NO.:K Cont.FILE NO..Z-7024-A
located across Rahling Road to the south.Undeveloped PD-R,C-1,and
0-2 zoned property is located across Chenal Valley Drive to the east.
There is also undeveloped property (zoned 0-2 and C-3)located
immediately to the west.
The City's Future Land Use Plan designates this property as Office.A
Land Use Plan Amendment for a change to commercial is a separate item
on this agenda (LU06-19-04).
As of this writing,staff is in the process of reviewing this rezoning
application in conjunction with the proposed Land Use Plan Amendment,
and other proposed rezonings and amendments in this general area.
Staff is not prepared to make a recommendation at this time.The
recommendation will be presented to the Planning Commission prior to
the public hearing.
F.STAFF RECOMMENDATION:
The Staff recommendation on this item is forthcoming.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Tim Daters and Bill Spivey were present,representing the application.The
proposed rezoning was presented by staff and discussed by the Planning
Commission simultaneously with other items (rezonings,land use amendments
and planned zoning developments)in the Chenal area.Ernie Peters,of Peters
and Associates,made a presentation to the Commission regarding a traffic
study,which his firm recently completed for this area of Chenal.
The Planning Commission discussed deferring the applications in order to allow
more time to consider the traffic study.Tim Daters and Bill Spivey addressed the
Commission.They briefly discussed the issue of deferral.Mr.Spivey presented
the Commission with a letter and copy of Resolution No.9,158 which addresses
the use of public funds for the future widening of Chenal Parkway.Mr.Daters
requested deferral of the application.Staff noted the deferral would be to the
July 6,2006 Agenda.
There was a motion to defer the application to the July 6,2006 Agenda.The
motion passed by a vote of 6 ayes,0 nays and 5 absent.The application was
deferred.
3
July 6,2006
ITEM NO.:K Cont.FILE NO.:Z-7024-A
PLANNING COMMISSION ACTION:(JULY 6,2006)
Staff informed the Commission that the applicant submitted a letter to
staff on July 5,2006 requesting the item be withdrawn.Staff supported
the withdrawal request.
With a vote of 9 ayes,0 nays,and 2 absent,the Commission voted to
waive their bylaws and accept the request for withdrawal being less than
five (5)days prior to the public hearing.
The Chairman placed the item before the Commission for inclusion within
the Consent Agenda for withdrawal.A motion to that effect was made.
The motion passed by a vote of 9 ayes,0 nays,and 2 absent.The
application was withdrawn.
4
IOH ~K BAKER 1.I&I v 0 r r I (I s YV ILL I AM H L.WOODYARD,UI,P.A.
&V CHRISTOPHER DARB&t WALTER G.V&BIGHT,J B.
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Re:Applic;ttiun Ixlos.I-AII 9-A and /-7020-A to rezone property
Ladies and C?cntlctllcll:
()(1 bch(llf ol OLII «11('»l.Yt ktttlsils I EachE.'I RE.ttl'cl»&'111 LSyslc»1 (A I RNI ).Tt'('c 1&,oulEI like
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nf (I,'hite-Daters Associates on behalf of Dcltic I imbcr C'olT&nrationf has been Eleferred until thc
.Iuly 6,2006 IJIanni»7 ('nmmission i&71eeting.Before that n?eetin&7,A'I R,'&has instructed us to
tn(ol »I the Plan»in»&C.'ummission that it stron&uly supports both nt'eltic 'I'imhcrts re7onino
ilppl icatiuns.
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'Phank you for &out attention to these comments.Il you have any questions please (Io not
hesitate to contact us.
Yours truly.
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JUN j.4 2006
/
July 6,2006
ITEM NO.:L FILE NO.:Z-6019-D
NAME:GMAC Lot B-1 Short-form PCD
LOCATION:Located on the Southwest corner of LaGrande Drive and Chenal Parkway
DEVELOPER:
Garrett Reed
7 Chenal Club Boulevard
Little Rock,AR 72223
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock,AR 72223
AREA:3.45 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF
CURRENT ZONING:0-2,Office and Institutional District
ALLOWED USES:Office and Institutional Uses
PROPOSED ZONING:PCD
PROPOSED USE:Bank and Restaurant
VARIANCES/WAIVERS REQUESTED:None requested.
BACKGROUND:
Ordinance No.16,964 adopted by the Little Rock Board of Directors on September 15,
1995,rezoned a portion of this property from R-2 and C-2 to 0-2.On October 31,
1995,the Little Rock Planning Commission reviewed and approved a zoning site plan
review for the development of a 19-acre tract to contain two 2-story office buildings with
75,000 square feet each and parking for 601 vehicles.Phase I of the development was
constructed.
A request to rezone the site from 0-2,R-2 and PCD to POD was approved by the Little
Rock Board of Directors on February 15,2000,by the adoption of Ordinance No.
18,207.The majority of the property was previously zoned 0-2,with a small portion of
July 6,2006
ITEM NO.:L Cont.FILE NO.:Z-6019-D
R-2 and PCD (part of a large PCD on the north side of LaGrande Drive).The existing
GMAC Office building (27,000 square feet,30-feet in height)and associated parking
areas (268 parking spaces)were located within the southeast corner of the property
and were previously zoned 0-2.Access to the site was gained by utilizing an existing
drive from LaGrande Drive,with a future access point shown to Chenal Parkway.
The proposed POD zoning was to allow additional office development in two (2)
phases.Phase I consisted of the construction of a second building containing 73,500
square feet and 402 parking spaces within the northeast portion of the property.
Access to the building would be gained by utilizing the existing drive from LaGrande
Drive.
Phase II of the proposed development included construction of a third office building,
60-feet in height,and 783 parking spaces within the west one-half of the property.This
portion of the development would also utilize the existing drive from LaGrande Drive as
well as a second access to LaGrande Drive when the roadway was extended.
This development has not been constructed.The extension of LaGrande Drive is
currently underway.
The Little Rock Planning Commission reviewed a request for the revocation of the
previously approved POD for a portion of the site and revised the previously approved
preliminary plat at their May 11,2006,public hearing.The revocation would restore
portions of the property to the previously held 0-2 zoning classification.The revision to
the preliminary plat would allow the creation of four (4)lots from the formerly identified
Tract B.Tract A contained the existing GMAC building and Tract B was vacant.The
entirety of the area proposed for preliminary platting reverted to the 0-2 zoning district.
The revocation request and the request for a variance from the Subdivision Ordinance
to allow a lot without public street frontage were approved by the Little Rock Board of
Directors on June 6,2006.
A.PROPOSAL:
The proposal includes the rezoning of this 0-2,Office and Institutional District
zoned site to PCD to allow the construction of a branch bank facility on Lot B-1A
and a restaurant on Lot B-1B.The bank facility is proposed with a maximum of
4,500 square feet and 29 parking spaces.The restaurant is proposed with a
maximum building footprint of 5,800 square feet and 157 parking spaces.
B.EXISTING CONDITIONS:
There is an existing two-story office building and parking areas on a portion of
the site.The remainder of the property is undeveloped,with the western portion
being wooded.
There is undeveloped property immediately west of this site and to the north
across LaGrande Drive.The area to the north was recently reviewed by the
Commission as a zoning site plan review for the development of a shopping
2
July 6,2006
ITEM NO.:L Cont.FILE NO.:Z-6019-D
center at their June 22,2006,public hearing.There is a mixture of office and
commercial uses to the east across Chenal Parkway.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has not received any comment from area residents.The
St.Charles Community Association,the Parkway Place Property Owners
Association,all residents who could be identified located within 300 feet of the
site and all property owners located within 200-feet of the site were notified of
the Public Hearing.
D.ENGINEERING COMMENTS:
Public Works:
1.A 20 foot radial dedication of right-of-way is required at the intersection of
Chenal Parkway and LaGrande Drive.
2.Provide sidewalk on both sides of private commercial streets.
3.Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
4.Plans of all work in right-of-way shall be submitted for approval prior to
start of work.Obtain barricade permit prior to doing any work in the right-
of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield).
5.A grading permit in accordance with Section 29-186 (c)and (d)will be
required prior to any land clearing or grading activities at the site.Site
grading,and drainage plans will need to be submitted and approved prior
to the start of construction.
6.Storm water detention ordinance applies to this property.Show the
proposed location for storm water detention facilities on the plan.
7.If disturbed area is one (1)or more acres,obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
8.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade
permit prior to doing any work in the right-of-way.Contact Traffic
Engineering at (501)379-1817 (Derrick Bergfield)for more information.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer main extension required,with easements.Contact Little
Rock Wastewater Utility at 688-1414 for additional information.
~Enter:No comment received.
Center-Point Ener:No comment received.
SBC:No comment received.
3
July 6,2006
ITEM NO.:L Cont.FILE NO.:Z-6019-D
Central Arkansas 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).CAW
needs a 15-foot wide easement for existing 12-inch water main at the
southwest corner of La Grande Drive and Chenal Parkway.Care should be
taken in placement of the proposed sign to avoid locating it within five feet of
the existing 12-inch main.CAW records show that an 8-inch private fire line
encroaches upon this property from the parcel to the south.It should be cut
and plugged at the property line.A Capital Investment Charge based on the
size of the meter connection(s)will apply to this project in addition to normal
charges.
Fire De artment:Install fire hydrants per code.Contact the Little Rock Fire
Department at 918-3700 for additional information.
Count Plannin:No comment.
CATA:The site is not located on a dedicated CATA Bus Route.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:This request is located in the Chenal Planning District.The
Land Use Plan shows Office for this property.The applicant has applied for a
Planned Office District for a bank and restaurant.
A land use plan amendment for a change to Mixed Office Commercial has been
filed but will not be heard by the Commission until July 6,2006.
Master Street Plan:Chenal Parkway is shown as an Arterial on the plan.
LaGrande is shown as a Collector on the Plans.An Arterial functions to move
traffic through and around 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.
R
route along Chenal Parkway.A Class I route has a separate pavement for the
sole use of bicycles.
4
July 6,2006
ITEM NO.:L Cont.FILE NO.:Z-6019-D
Cit Reco nized Nei hborhood Action Plan:The property under review is not
located in an area covered by a City of Little Rock recognized neighborhood
action plan.
~Landsca e:
1.Compliance with the City's Landscape and Buffer Ordinances is required.
2.The landscape ordinance requires a minimum of 8 %of the paved areas
be landscaped with interior islands of at least 7 V.feet in width and 150
square feet in area.Interior islands are to be evenly distributed
throughout the parking area(s).
3.An automatic irrigation system to water landscaped areas will be required
on both lots.
4.A small portion of the parking lot along the west encroaches into the
minimum nine-foot (9')wide landscape strip.A variance from this
minimum landscape requirement will require approval from the City
Beautiful Commission.
5.Prior to the issuance of a building permit,it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
6.The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site.Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving trees
of six (6)inch caliper or larger.
G.SUBDIVISION COMMITTEE COMMENT:(June 1,2006)
Mr.Tim Daters was present representing the request.Staff presented an
overview of the proposed development indicating there were additional items
necessary to complete the review process.Staff stated all site lighting must be
low level and directional,directed into the site.Staff requested the applicant
provide the total building coverage,the total area designated for landscaping and
the proposed signage details.Staff noted the proposed dumpster locations and
questioned if limits would be placed on the hours of service of the dumpsters.
Public Works comments were addressed.Staff stated a grading permit would be
required prior to development of the site.Staff also requested a radial dedication
of 20-feet at the intersection of Chenal Parkway and LaGrande Drive.
Landscaping comments were addressed.Staff stated compliance with the City'
Landscape and Buffer Ordinance would be required.Staff also stated a
minimum of eight (8)percent of the paved areas must be landscaped with
interior landscape islands containing a minimum of 150-square feet and evenly
distributed throughout the parking lot.Staff stated a small portion of the parking
5
July 6,2006
ITEM NO.:L Cont.FILE NO.:Z-6019-D
lot located along the western perimeter encroached into the required landscape
strip.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification.There was no further discussion of the item.The Committee
then forwarded to the full Commission for final action.
H.ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the June 1,2006,Subdivision Committee meeting.The applicant has
indicated the total building coverage,the areas designated for landscaping and
the proposed location of signage.The applicant has also indicated the dumpster
service hours of 7:00 am to 7:00 pm daily.
The proposal includes the development of this 3.45 acre site with two buildings
totaling 10,300 square feet.There are 186 parking spaces proposed to serve
the development.The proposed uses of the site are a bank with a drive through
facility and a restaurant.A preliminary plat establishing the lots was recently
reviewed and approved by the Commission.The bank is proposed for Lot B-1A
and the restaurant for proposed Lot B-1B.The bank is proposed containing
4,500 square feet with 29 parking spaces,four drive through lanes and one lane
dedicated to a ATM machine.The restaurant is proposed with 5,800 square feet
and 157 parking spaces.The typical minimum parking required for the bank
facility based on one space per four hundred square feet of gross floor area
would be 11 parking spaces.The total parking required for a restaurant facility
would be 58 parking spaces based on one space per 100 square feet of gross
floor area.The indicated parking is more than adequate to serve the needs of
the development.
The site plan indicates a single ground mounted sign for each of the proposed
lots.The signage is proposed to be consistent with signage allowed in the
Chenal Overlay District or a maximum of eight feet in height and one hundred
square feet in area.The site plan indicates building signage will be placed on
the bank facility along Chenal Parkway and LaGrande Drive to occupy no more
than ten percent of the facade area.Signage is proposed on the restaurant
facility along Chenal Parkway and adjacent to the access drive also to occupy no
more than ten percent of the facade area.Staff is supportive of the proposed
signage.
The revised site plan indicates landscaping to comply with the minimum
requirements of the City's Landscape and Buffer Ordinances.The site plan
indicates a minimum of eight (8)percent of the paved areas will be landscaped
with interior landscape islands containing a minimum of 150-square feet and the
islands are proposed evenly distributed throughout the parking lot.The revised
6
July 6,2006
ITEM NO.:L Cont.FILE NO.:Z-6019-D
site plan has removed the encroachment of the parking lot along the western
perimeter which now provides the required landscape strip
Staff is supportive of the proposed request.Staff feels the rezoning of this site
from 0-2 to PCD to allow the development of the site with a bank branch and a
restaurant facility will have minimal impact on the area.There is a proposed
Land Use Plan Amendment on the current agenda to change the site to Mixed
Office Commercial which is consistent with the proposed development plan.To
staff's knowledge there are no outstanding issues associated with the request.
STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D,E and F of the agenda
staff report.
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The applicant was present representing the request.There were no registered
objectors present.Staff presented the item with a recommendation of deferred of the
item to the July 6,2006,Public Hearing to allow the item to be heard with a proposed
Land Use Plan amendment filed for this site,which was scheduled to be heard by the
Commission on July 6,2006.
There was no further discussion of the item.A motion was made to approve the
deferral request.The motion carried by a vote of 10 ayes,0 noes and 1 absent.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was present.There were no registered objectors present.Staff
presented the item with a recommendation of approval subject to compliance with the
comments and conditions as outlined in paragraphs D,E and F of the agenda staff
report
There was no further discussion of the item.The chair entertained a motion for
placement of the item on the Consent Agenda for Approval.The motion carried by a
vote of 9 ayes,0 noes,and 2 absent.
7
July 6,2006
ITEM NO.:M FILE NO.:LU06-19-05
Name:Land Use Plan Amendment —Chenal Planning District
Location:Southeast corner Chenal Pkwy 8 Arkansas Systems
Receueat:Office to Mixed Office Commercial
Source:Tirn Daters,White-Daters
PROPOSAL/REQUEST:
Land Use Plan amendment in the Chenal Planning District from Office to Mixed
Office Commercial.Mixed Office Commercial provides for a mixture of office and
commercial uses to occur,acceptable uses are office or mixed office and
commercial with a Planned Zoning District.There is an accompanying Planned
Commercial Development for a bank and three-story building.A maximum of
31 percent cornrnercial has been requested for the site.
EXISTING LAND USE AND ZONING:
The property is vacant and mostly cleared currently zoned Planned Office District
and is 5.1 acres +in size.North of the site is an area of 0-2 Office and
Institution zoning with an office building.Beyond this is a Planned Commercial
District and C-3 General Commercial zoning at the Rahling-Chenal Parkway
intersection.The Planned Commercial District is partially developed with retail
and office uses.The C-2 land is wooded and undeveloped.To the east are 0-3
General Office,0-2 and Planned Office District zoning.Office buildings occupy
this land.Beyond this is MF-18 Multifamily 18 units per acre and C-1
Neighborhood Commercial land.This land remained undeveloped pastureland
with a home on it.South of the site is Planned Office District and 0-2 zoned
land with a commercial center,bank,post office and office building.Beyond this
Is
C-3 land at the Chenal-Kanis (west)intersection.This land is mostly wooded
and not developed.To the west across Chenal Parkway is C-2 and Planned
Office District land.The C-2 land is wooded and undeveloped,with the Planned
Office District is partially developed.Beyond this to the west is wooded land
zoned MF-18,MF-24 Multifamily 24 units per acre and 0-2.This is a portion of
the city currently developing.Most of the development has been to the east,
northwest and southeast to date.
July 6,2006
ITEM NO.:M Cont.FILE NO.:LU06-19-05
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
May 18,2004,a change from Single Family to Office,south of Cantrell Road
between Chenonceau and Chevaux,over a mile to the northwest of the site.
This change was made related to a Planned Office District reclassification to
allow for future redevelopment of the land.
January 20,2004,a change from Office to Mixed Use south of Rahling Road
either side of Champlin Drive,to the northeast of the application area.This
change was made to allow for future development of the land (no reclassification
was included at the time).
June 17,2003,changes from Office,Multifamily and Single Family to Multifamily
and Low Density Residential south of Chenal Parkway around Rahling Road,
northwest of the application area.These changes were made to reflect new
zoning in the area for future development.
June 4,2002,a change from Single Family to Suburban Office south of Cantrell
Road either side of Drew,over a mile to the northwest of the site.This change
was made related to a Planned Office District reclassification to allow for future
redevelopment of the land.
January 2,2002 a change from Single Family to Commercial,Suburban Office
and Open Space southeast of the Chenal-Northfield intersection over a mile to
the northwest of the site.This change was made related to a rezoning request
for the area.
The Land Use Plan shows this site for Office.North,East,South and Southwest
of the site is Office on the Plan.To the northwest of the site at the Chenal-
Rahling Road intersection is a large area of Community Shopping and
Commercial.Further to the northeast and east is Multifamily then Single Family
use.To the southeast is Office then Commercial at Chenal Parkway near Kanis
(east).To the south beyond the Office is Commercial at the Kanis (west)-Chenal
Parkway intersection.Beyond the Office to the southwest is Multifamily then
Commercial at the Kanis —Rahling extension intersection.
MASTER STREET PLAN:
Chenal Parkway is shown as an Arterial on the plan.An Arterial functions to
move traffic through and around the urban area or from activity centers to the
Arterial system.These roads are designed to be four or more lanes and move
2
July 6,2006
ITEM NO.:M Cont.FILE NO.:LU06-19-05
large numbers of vehicles at high speed.They are not intended to provide
access to adjacent land.
Arkansas System Drive is shown as a Collector on the plan.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.
BICYCLE PLAN:
The Master Street Plan,bicycle section,proposes a Class I bike route along
Chenal Parkway.A Class I route has a separate pavement for the sole use of
bicycles.
PARKS:
The Little Rock Parks and Recreation Master Plan shows this area as deficient.
That is the site is not within 8-blocks of a public or private recreation or open
space.Efforts should be made in the vicinity to develop such recreation or open
space in the general vicinity of this application.
HI STOR I C D I STR I CTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS.
The site is a vacant tract at the southeast corner of Arkansas System and
Chenal Parkway.The tracts to the north and east are office buildings with a
mixed office retail center to the south.West of Chenal Parkway is land that is
wooded and vacant,north of LaGrande.South of LaGrande is an office building
and vacant partially wooded land.The City's Land Use Plan has shown this
vicinity for Office use for over two decades.The major Commercial node has
been at the intersection of Rahling Road and Chenal Parkway to the northwest of
this site.
This section of Little Rock is the City's high growth area.To date,most of this
3
July 6,2006
ITEM NO.:M Cont.FILE NO.:LU06-19-05
growth has been residential in nature.Office has development mostly to the
east of this site.Commercial uses have tended to be smaller in the generally
vicinity,with the large 'box'evelopment further to the east along Chenal
Parkway.
Proposals for a major commercial development have been made for a 50-acre
tract to the northwest.The City is currently reviewing the third major version for
this development,with other intermediate versions discussed.
As part of a land use plan amendment review for a series of changes to the east,
north,south and west;a traffic study was conducted for this area.The land use
changes considered were from Office,Neighborhood Commercial and Low
Density Residential to Mixed Office Commercial;Multifamily to Mixed Office
Commercial,Multifamily and Office to Mixed Office Commercial;Mixed Use to
Commercial;and Office to Community Shopping.The traffic study reaffirmed a
1996 study that indicated capacity or near capacity on most major roads in the
vicinity at full build out.The Study recommended either reducing the proposed
Land Uses;increasing the street capacities (land widening and intersection
improvements);or construction alternate parallel routes.
The proposed use is a 'true'ixed-use development.That is an office building
with a maximum of a single floor of retail use.Office can have ten percent retail
by right.The request is for 33.3 percent of the structure and approximately 30
percent of the overall development.The structure is not going to be a 'strip
development'ith office and retail but rather an office building with retail use.
This type of use should fit in well with the surrounding developments and
proposed developments.
The location will be a major intersection in the future for local east-west traffic
and area-wide north-south traffic.(Local in that it will serve as a relief flow and
for traffic only in this section of Little Rock.)The change is consistent with other
proposals made to the Commission in the last few months.Based on the
suggested mix and design the retail uses are likely to be targeted to the existing
office tenants and those already in the vicinity.
NEIGHBORHOOD COMMENTS:
Notices were sent to the St.Charles Community Association.Staff has received
no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
4
July 6,2006
ITEM NO.:M Cont.FILE NO.:LU06-19-05
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The application was placed on consent agenda to July 6,2006.With a vote of
10 for,0 against and 1 absent,the consent agenda was approved.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The item was placed on the consent agenda for approval.By a vote of 9 for and
0 against the consent agenda was approved.
5
July 6,2006
ITEM NO.:M.1 FILE NO.:Z-605'I-I
NAME:Arkansas Systems Tract 4 Short-form POD
LOCATION:Located on the Southeast corner of Arkansas Systems Drive and
Chenal Parkway
DEVELOPER:
Arkansas Systems Land Company,LLC
425 West Capitol Avenue,Suite 300
Little Rock,AR 72201
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock,AR 72223
AREA:5.11 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF
CURRENT ZONING:0-2,Office and Institutional District
ALLOWED USES:Office and Institutional Uses
PROPOSED ZONING:POD
PROPOSED USE:66.7 '/o Office,33.3 '/o Retail
VARIANCES/WAIVERS REQUESTED:None requested.
BACKGROUND:
On December 21,1998,the Board of Adjustment reviewed and approved a request to
allow a variance from the floodway/floodplain restrictions of Chapter 8 and 36 to permit
construction of a parking lot in the floodway for Lots 4 and 5 of the Arkansas Systems
Office Park Addition.The applicant proposed construction of an office building on
Lot 5,which has been constructed.The applicant proposed to contain the drainage in
underground culverts and to utilize the area designated as floodway for parking and
driveways.As a condition of approval,the applicant was required to provide CORPS
approval of hydraulic calculations containing the 100-year floodway in the proposed
July 6,2006
ITEM NO.:M.1 Cont.F I LE NO.:Z-6051-1
underground structure,conditional letter of approval from FEMA,parking lot elevation to
allow storm events above the 100 year to pass without endangering the building and
dedication of a drainage easement to contain the floodway.No development was
proposed for Lot 4 and the site remains undeveloped.
A.P ROPOSAL:
The applicant is proposing the development of this 5.11 acre tract with a two (2)
lot plat and the construction of a branch bank facility and a three story mixed use
building on the lots through a Planned Office Development.The office building is
proposed for Lot 4A consisting of a total of 60,750 square feet of space with
20,250 square feet of retail space,contained on the first floor,and 40,500
square feet of office space.A total of 213 parking spaces are proposed to serve
the building.Lot 4B is proposed for the branch bank facility with a total of
2,600 square feet of space and 47 parking spaces.Cross access and parking
will be provided between the two (2)lots.
B.EXISTING CONDITIONS:
The site is a partially wooded site located at the southeast corner of Arkansas
Systems Drive and Chenal Parkway.The area has developed as an office
complex with a retail center located to the south.The area to the northwest is aC-2 zoned site currently under review for a shopping center.To the west of the
site is vacant property currently under review for a Planned Commercial
Development for the placement of a branch bank facility and a restaurant.
C.NEIGHBORHOOD COMMENTS:
As of this writing,Staff has not received any comment from area residents.The
Parkway Place Property Owners Association,the St.Charles Community
Association,all residents who could be identified located within 300 feet of the site
and all property owners located within 200-feet of the site were notified of the Public
Hearing.
D.ENGINEERING COMMENTS:
Public Works:
1.Chenal Parkway is classified on the Master Street Plan as a principal
arterial.Dedication of right-of-way to 55 feet from centerline will be required.
2.Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
Sidewalks should be installed along Chenal Parkway and the 36 feet
commercial street on the east for the length of the property.
3.The driveway on the commercial street to the east must be constructed at
least 75 feet from new the right-of-way line.
2
July 6,2006
ITEM NO.:M.1 Cont.FILE NO.:Z-6051-1
4.Design plans for piping system must be submitted to staff for approval prior
to beginning work and inspected by staff during installation.The piping
must be placed within a drainage easement.
5.Revise plan with an area map showing floodway and floodplain delineations
as shown on the City of Little Rock FIRM and Pulaski County Floodway
Map and FIRM.Provide hydrologic and hydraulic calculations of the
drainage and proposed piping system.Following review of the revised plan,
staff will determine if a Letter of Map Revision approval is appropriate prior
to being presented to the Planning Commission.
6.Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
7.A grading permit in accordance with Section 29-186 (c)and (d)will be
required prior to any land clearing or grading activities at the site.Site
grading,and drainage plans will need to be submitted and approved prior to
the start of construction.
8.Storm water detention ordinance applies to this property.Show the
proposed location for storm water detention facilities on the plan.
9.If disturbed area is one (1)or more acres,obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
10.Alteration of the watercourse will require approval from the Little Rock
District of the US Army Corps of Engineers.Provide letter of approval from
the Corps of Engineers prior to presentation to the Planning Commission.
11.Prepare a letter of pending development addressing streetlights as required
by Section 31-403 of the Little Rock code.Contact Traffic Engineering at
(501)379-1813 (Steve Philpott)for more information regarding street light
requirements.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer available to the property.
~Enter:No comment received.
Center-Point Ener:No comment received.
SBC:No comment received.
Central Arkansas Water:All Central Arkansas Water requirements in effect at the
time of request for water service must be met.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).A water main extension
will be required to service Lot 4B.This development will have minor impact on
the existing water distribution system Proposed water facilities will be sized to
provide adequate pressure and fire protection.A 5-foot wide easement is needed
3
July 6,2006
ITEM NO.:M.1 Cont.FILE NO.:Z-6051-I
at the northwest corner of Lot 4A along the 57.71 foot long segment of lot line.
This development will have minor impact on the existing water distribution
system.Proposed water facilities will be sized to provide adequate pressure and
fire protection.
Fire De artment:Install fire hydrants per code.Contact the Little Rock Fire
Department at 918-3700 for additional information.
CATA:The site is not located on a dedicated CATA Bus Route.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:This request is located in the Chenal Planning District.The
Land Use Plan shows Office for this property.The applicant has applied for a
Planned Commercial District for a bank and office building with up to one-third
commercial use.
A land use plan amendment for a change to Mixed Office Commercial is a
separate item on this agenda.
Master Street Plan:Chenal Parkway is shown as an Arterial on the plan.An
Arterial functions to move traffic through and around 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.
Arkansas System Drive is shown as a Collector on the plan.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.
route along Chenal Parkway.A Class I route has a separate pavement for the
sole use of bicycles.
Cit Reco nized Nei hborhood Action Plan:The property under review is not
located in an area covered by a City of Little Rock recognized neighborhood
action plan.
~Landsca e:
1.The schematic plan submitted is not detailed enough for a full review of
the cities minimal landscaping and buffer requirements.Submittal of all
future plans must comply with the City of Little Rock's minimal zoning
buffer and landscaping requirements.
4
July 6,2006
ITEM NO.:M.1 Cont.FILE NO.:Z-6051-I
G.SUBDIVISION COMMITTEE COMMENT:(June 1,2006)
Mr.Tim Daters was present representing the request.Staff presented an
overview of the proposed development indicating there were additional items
necessary to complete the review process.Staff requested the applicant provide
the total building coverage,the proposed dumpster locations,any limits to be
placed on the hours of service of the dumpsters and details of the proposed
signage.
Public Works comments were addressed.Staff stated the driveway on the
commercial street to the east must be constructed at a minimum of 75-feet for
the new right-of-way line.Staff also stated design plans for the piping system
must be submitted to staff for approval prior to beginning work and inspected by
staff during installation.Staff stated a letter of Map Revision was necessary and
approval from the US Army Corps of Engineers also was necessary prior to
approval by the Planning Commission.Staff stated since the site was not
previously mapped there was no way of determining if this area was located in a
regulated floodway.
Landscaping comments were addressed.Staff stated the schematic plan
submitted did not allow enough detail to determine compliance with the minimum
landscaping and buffer requirements.Staff stated all future plans must comply
with the City's minimum ordinance standards with regard to landscaping and
buffering.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification.There was no further discussion of the item.The Committee
then forwarded the item to the full Commission for final action.
H.ANALYSIS:
The applicant submitted a revised site plan to staff addressing some of the
issues raised at the June 1,2006,Subdivision Committee meeting.The revised
site plan indicates the total building coverage,the proposed dumpster locations,
the limits placed on the hours of service of the dumpsters and details of the
proposed signage.The total area designated for landscape is one (1)acre of
this 5.11 acre site.The total building coverage proposed is 22,850 square feet.
The dumpster services hours will be limited to 7:00 am to 7:00 pm daily.
The site plan includes the creation of a two lot plat and the placement of two
buildings on the site,one on each lot.Cross access and parking will be provided
between the two (2)lots.The total lot area of Lot 4A is 4.0 acres.The building
on Lot 4A is proposed with a maximum building footprint of 22,250 square feet or
a total of 12 percent building coverage.The total lot area of Lot 4B is 1.1 acres.
5
July 6,2006
ITEM NO.:M.1 Cont.FILE NO.:Z-6051-1
The building on Lot 4B is proposed with a total building footprint of 2,600 square
feet or a total building coverage of 6 percent.
The site plan indicates the building on Lot 4A will be a three story office building
containing a total of 60,750 square feet.A total of 213 parking spaces are
proposed to serve this building.The building is proposed as a mixed use type
development with retail uses located on the first floor (20,250 square feet)and
the remainder of the building being utilized for 0-2 type uses.Based on the
typically minimum parking required for an office/commercial use,a total of
168 parking spaces would typically be required.
A branch bank facility is proposed for Lot 4B with a total of 47 parking spaces.
The bank facility is proposed with a total of 2,600 square feet of gross floor area.
Based on parking ratios for an office development,six (6)parking spaces would
typically be required.
The proposed uses for the 60,750 square foot office/retail building are as follows:
the ground floor is proposed with the permitted uses of the 0-2 zoning district,
the listed Accessory and Conditional Uses of the 0-2 zoning district,with on limit
placed on the Accessory and Conditional uses and the permitted uses listed in
the C-1,Neighborhood Commercial District.The second and third floors are
proposed with the permitted uses of the 0-2 zoning district only.The proposed
commercial uses are intended to serve the needs of the office building and the
nearby office uses.
Signage has been indicated for each of the proposed lots.A single sign has
been located in the front yard area consistent with signage allowed per the
Chenal Overlay District or a maximum of eight feet in height and one hundred
square feet in area.
Staff is supportive of the development concept for the site but has one primary
concern.This site was located outside the City limits when the floodway and
floodplain for this area was mapped.According to the applicant a Letter of Map
Revision is not being requested therefore a Letter of Map Revision is not
necessary to allow the approval of the proposed site plan.Staff has concerns
with the allowance of this application to proceed without proper documentation
and study to determine if a Letter of Map Revision is required prior to
construction.The revised site plan indicates the floodway and floodplain
delineations as shown on the City of Little Rock FIRM and Pulaski County
Floodway Map and FIRM as requested by staff.There is a mapped floodway
located along the southwestern portion of this site near the southern driveway
entrance and a mapped floodway located to the northeast of this property.Staff
feels if this site were mapped the floodplain and floodway would extend through
the site.Typically the Commission has not heard application requests prior to
receiving all necessary approvals by the various Federal agencies related to
6
July 6,2006
ITEM NO.:M.1 Cont.FILE NO.:Z-6051-I
floodway issues.Staff recommends prior to the application proceeding,the
applicant provide hydrologic and hydraulic calculations of the drainage and
proposed piping system.Following a formal review of the provided information,
staff will determine if a Letter of Map Revision approval is required prior to the
item being acted upon by the Planning Commission.
Staff concerns are if the site plan is approved the developers may not be able to
construct the proposed development as approved due to potential modifications
required by the various Federal Agencies during their review process.
I.STAFF RECOMMENDATIONS:
Staff recommends prior to the application proceeding,the applicant provide
hydrologic and hydraulic calculations of the drainage and proposed piping
system.Following a formal review of the provided information,staff will
determine if a Letter of Map Revision approval is required prior to the item being
acted upon by the Planning Commission
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The applicant was present representing the request.There were no registered
objectors present.Staff presented the item indicating the applicant was requesting a
deferral of the item to the July 6,2006,public hearing.Staff stated the deferral request
would require a waiver of the Commission's By-laws with regard to the late deferral
request.Staff stated they were supportive of the deferral request.
There was no further discussion of the item.A motion was made to approve the By-law
waiver.The motion carried by a vote of 10 ayes,0 noes and 1 absent.A motion was
made to approve the deferral request.The motion carried by a vote of 10 ayes,0 noes
and 1 absent.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was present.There were no registered objectors present.Staff
presented the item indicating they were now supportive of the applicant's request.Staff
stated the previous recommendation stated staff was not supportive of the request due
to concerns related to the floodway.Staff stated Tributary A to Rock Creek had been
studied across Lot 4,but had not been mapped.Staff stated prior to construction,the
developer shall prepare and submit to the City a Conditional Letter of Map Revision for
review.Staff stated the City may require the Developer to submit this CLOMR to FEMA
for their approval prior to extension of the existing box culvert and information to the
USCOE pertaining to 404 Permit issuance;and upon completion of construction,a final
7
July 6,2006
ITEM NO.:M.'I Cont.FILE NO.:Z-6051-I
Letter of Map Revision shall be prepared by the developer and submitted to FEMA for
approval.Staff also presented a recommendation of compliance with the comments
and conditions as outlined in paragraphs D,E and F of the agenda staff report.
There was no further discussion of the item.The chair entertained a motion for
placement of the item on the Consent Agenda for Approval.The motion carried by a
vote of 9 ayes,0 noes,and 2 absent.
8
July 6,2006
ITEM NO.:N FILE NO.:LU06-10-02
Name:Land Use Plan Amendment —Boyle Park Planning District
Location:West of John Barrow,south of Kanis Road
Receuest:Mixed Office Commercial to Commercial
Source:Ross Merkling,CEI Engineering
PROPOSAL /REQUEST:
Land Use Plan amendment in the Boyle Park Planning District from Mixed Office
Commercial to Commercial.Commercial represents a broad range of retail and
wholesale sales of products,personal and professional services,and general
business activities.An accompanying request to reclassify the property Planned
District Commercial for a Sonic Drive-in Restaurant has been filed.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include area to the north.With these changes,the entirety
of the Mixed Office Commercial area north of the church to the node at Kanis-
John Barrow Road would be eliminated.It is thought that the additional area
would make the boundaries more logical.
EXISTING LAND USE AND ZONING:
The property is vacant and wooded currently zoned 0-3 General Office and is
4.6 acres a in size.The expanded area is vacant wooded and zoned 0-3.North
of the amendment area is zoned C-3 General Commercial and consists of small
retail uses and centers.This commercial area includes area around the John
Barrow-Kanis Road intersection and is mostly developed.Some land in the
southeast section of the intersection remains wooded and undeveloped.East of
the application area is R-5 Urban Residential and is an apartment complex.
Beyond this to the east is R-2 Single Family land currently vacant and wooded
that is currently under development.South of the amendment area is a Church
zoned R-2 Single Family,0-1 Quiet Office and 0-3 General Office land that is
vacant.Some is wooded and some of the land is partial cleared.A small area
of R-2 is to the southeast with homes.To the west is R-5 zoning with an
apartment complex;southwest is 0-3 and Planned Office Districts with medical
related uses and a public library.This is a partial developed section of the City.
July 6,2006
ITEM NO.:N Cont.FILE NO.:LU06-10-02
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
January 10,2006,a change from Single Family to Transition to allow for future
development.The site was along the south side of Kanis Road,east of Michael.
This is a half-mile to the east of the application area.
October 4,2005,a change from Mixed Office Commercial to Commercial to
allow for future development.The site was just east of John Barrow Road on the
south side of Kanis Road.This is northeast of the application area.
July 13,2004,a change from Office and Single Family to Mixed Use to more
accurately reflect the existing zoning and land use pattern.The site was along
the north side of Colonel Glenn Road between Whitfield and Stanus.This is
over a mile to the southeast of the application area.
January 20,2004,a change from Mixed Use to Commercial to more accurately
reflects the existing zoning and land use pattern.The site was along the south
side of Colonel Glenn Road between Cobb and Walker.This is over a mile to
the southeast of the application area.
November 4,2002,a change from Commercial,Single Family,Multifamily and
Office to Mixed Office Commercial,Office,Multifamily,Commercial and Low
Density Residential to more accurately reflect the existing land use and zoning
pattern.The site is between I-630 and Kanis Road,east of John Barrow Road.
This is to the northeast of the application area.
The Land Use Plan shows this area of Mixed Office Commercial.Commercial is
shown to the north around the John Barrow-Kanis Road intersection.To the
northeast is an area of Mixed Office Commercial.To the east is a Multifamily
area followed by a large area of Single Family.West of the amendment area is
shown for Multifamily with Mixed Office Commercial surrounding this to the
northwest and south.South of the application area is a Public institutional area
followed by Single Family and Office areas.
MASTER STREET PLAN:
John Barrow Road is shown as an Arterial on the plan.An Arterial functions to
move traffic through and around the urban area or from activity centers to the
Arterial system.They are not intended to provide access to adjacent land.Right-
of-way and street improvements may need to be made at the time of
development.
2
July 6,2006
ITEM NO.:N Cont.FILE NO.:LU06-10-02
BICYCLE PLAN:
The Little Rock Bike Plan does not show any bike routes adjacent to the site.
The closest Bike Route is a Class II Route along 28'treet to the south.
PARKS:
The Little Rock Parks and Recreation Master Plan indicates the site is within 8-
blocks of a public or private open space or recreation area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The site is in the John Barrow Neighborhoods Plan Area.The Plan calls for
creation of a development climate in the John Barrow Neighborhood Area that
would attract job-generating businesses.The Plan also calls for development
design standards,but does not specifically recommend any other than to state
that traffic and pedestrian flows should be improved and efficient.
ANALYSIS:
The site is wooded and vacant with a zone of 0-3 General Office.There is a
small commercial center to the north with shops;beyond this is commercial
zoning and land use surrounding the Kanis Road-John Barrow Road
intersection.Both to the east and west (across John Barrow Road)are
apartment complexes.The land further to the west is wooded and zoned R-2
single Family.This land is currently underdevelopment for a large single-family
subdivision.To the south is a church and small subdivision.Beyond this is
vacant mostly wooded 0-3 land.
John Barrow Road is an Arterial.Arterials are functionally to move vehicles and
goods in and through the city not to provide access to adjacent properties.
Traffic counts indicate volumes of 18200 vehicles per day from 2004 for John
Barrow Road.Any use along John Barrow Road should be designed to limit or
prevent direct access to John Barrow Road to facilitate its function.
The most recent construction is to the north.At the intersection a former
commercial structure was removed and a new commercial building was built for
a 'tobacco store'nd across John Barrow a liquor store was constructed.To the
3
July 6,2006
ITEM NO.:N Cont.FILE NO.:LU06-10-02
south along the west side of John Barrow a new public Library has been added
on a 10-acre tract.The other existing commercial structures have a good
occupancy rate.
Most of the office construction has been along Kanis Road to the west of this
site.This construction has tended to be medical in nature and near the Baptist
Hospital campus on Kanis Road.As noted early the infrastructure is being
constructed for a new single-family subdivision to the east of this site.While
these additions have been steady they have occurred at a gradual rate.
As mentioned,there is an existing multifamily apartment complex adjacent to the
east.A commercial use (hours of operation,outside activities,traffic areas,
waste disposal issues and signage,etc.)could be detrimental.A change from
Mixed Office Commercial to Commercial could allow future uses which could
result in negative impacts on the existing residential development.The existing
Land Use classification would allow some commercial development using the
Planned Zoning District with Office uses.Through this review the City could
attempt to eliminate any negative impacts on the existing development.
There are existing commercial uses to the north of this site.With the current
Land Use designation staff has indicated that some commercial use of this site
could be appropriate.With a church to the south and apartments to the east and
west,design and the type of commercial uses could be significant.Careful
design and consideration of the appropriate types of commercial is important.
With a change to Commercial the City would not be in a position to attempt to
address these issues.Mixed Office Commercial does not allow a completely
commercial development.Staff is not necessarily apposed to a one hundred
percent commercial development along this portion of John Barrow Road,if
access,signage and other issues can be worked out.Therefore staff cannot
support a change to Commercial,however a change of the front (western)half to
Mixed Use could be supported by Staff.This would continue the possibility of
some office and also allows for closer review of the proposed future
development of the site.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following associations:Twin Lakes B Prop.Owners
Association,as well as Brownwood Terrace,John Barrow and Twin Lakes "A"
Neighborhood Associations.Staff has received no comments from area
residents.
4
July 6,2006
ITEM NO.:N Cont.FILE NO.:LU06-10-02
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.A change to Mixed Use for the front
(western)half of the site can be supported.This alternate change would better
protect the existing adjacent uses.
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The application was placed on consent agenda to July 6,2006.With a vote of
10 for,0 against and 1 absent,the consent agenda was approved.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant requested this item be deferred to work out issues.The item was
placed on the consent agenda for deferral.By a vote of 9 for and 0 against the
consent agenda was approved.
5
July 6,2006
ITEM NO.:N.1 FILE NO.:Z-8056
NAME:Sonic Restaurant —John Barrow Road Short-form PCD
LOCATION:Located at 1619 John Barrow Road
DEVELOPER:
Sonic Corporation
300 Johnny Bench Drive
Oklahoma City,OK 73104
ENGINEER:
CEI Engineering
Ross Merking
3317 S.W."I"Street
Bentonville,AR 72712
AREA:5 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF
CURRENT ZONING:0-3,General Office District
ALLOWED USES:General and Professional Office Uses
PROPOSED ZONING:PCD and 0-3,General Office District
PROPOSED USE:Drive-in restaurant and Future development
VARIANCES/WAIVERS REQUESTED:None requested.
A.P ROPOSAL:
The request is to rezone approximately one (1)acre of this five (5)acre lot from0-2 to PCD to allow the creation of a separate lot for the development of a
restaurant with drive-in facilities.The proposal includes the construction of a
1,557 square foot Sonic Restaurant.The facility is proposed with outdoor dining
consisting of eight to ten tables located along the street side of the building.The
site plan also includes the placement of twenty (20)drive-in stalls along the
south side of the building in two (2)locations each covered with a canopy.
Seven parking spaces have been indicated on the site plan with six parking
spaces indicated for future development.
July 6,2006
ITEM NO.:N.1 Cont.FILE NO.:Z-8056
B.EXISTING CONDITIONS:
The site is a part of a larger five acre lot which is wooded with the property to the
north sloping from north to south.This portion of the site is comparatively flat
related to the overall site.There is a church located to the south.Of the overall
larger tract the areas to the north and east are not a part of the current
application request and will remain undeveloped and wooded.A preliminary plat
will subdivide the five acres,creating a one acre lot for the proposed Sonic
Restaurant.There is a multi-family development located to the east and
commercial uses located to the north of the large tract.Across John Barrow
Road is also a multi-family development.
C.NEIGHBORHOOD COMMENTS:
As of this writing,Staff has received several informational phone calls from area
residents,many indicating support of the request.The John Barrow Neighborhood
Association,the Brownwood Terrace Neighborhood Association,the
Penbrook/Clover Hill Property Owners Association,all residents who could be
identified located within 300 feet of the site and all property owners located within
200-feet of the site were notified of the Public Hearing.
D.ENGINEERING COMMENTS:
Public Works:
1.John Barrow is classified on the Master Street Plan as a minor arterial.A
dedication of right-of-way 45 feet from centerline will be required.
2.All driveways shall be concrete aprons per City Ordinance.
3.Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
4.Plans of all work in right-of-way shall be submitted for approval prior to start
of work.Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501)379-1817 (Derrick Bergfield).
5.A grading permit in accordance with Section 29-186 (c)and (d)will be
required prior to any land clearing or grading activities at the site.Site
grading,and drainage plans will need to be submitted and approved prior to
the start of construction.
6.Storm water detention ordinance applies to this property.Show the
proposed location for storm water detention facilities on the plan.
7.If disturbed area is one (1)or more acres,obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
8.Per City code,crossover lane must be relocated at least 75 feet from right-
of-way line.
2
July 6,2006
ITEM NO.:N.1 Cont.FILE NO.:Z-8056
9.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade
permit prior to doing any work in the right of way.Contact Traffic
Engineering at (501)379-1817 (Derrick Bergfield)for more information.
10.Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210.The width of driveway must
not exceed 36 feet.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer available on west side of John Barrow Road.Contact Little
Rock Wastewater Utility at 688-1414 for additional information.
~Enter:No comment received.
Center-Point Ener:No comment received.
SBC:No comment received.
Central Arkansas Water:SHOULD BE ODD NUMBER ADDRESS.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).A water main extension may be required.This
development will have minor impact on the existing water distribution system.
Proposed water facilities will be sized to provide adequate pressure and fire
protection.
Fire De artment:Approved as submitted.
CATA:The site is not located on a dedicated CATA Bus Route.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:This request is located in the Boyle Park Planning District
The Land Use Plan shows Office for this property.The applicant has applied for
a Planned Commercial District for a restaurant.
A land use plan amendment for a change to Commercial is a separate item on
this agenda.
Master Street Plan:John Barrow Road is shown as an Arterial on the plan.An
Arterial functions to move traffic through and around the urban area or from
activity centers to the Arterial system.They are not intended to provide access to
3
July 6,2006
ITEM NO.:N.1 Cont.FILE NO.:Z-8056
adjacent land.Right-of-way and street improvements may need to be made at
the time of development.
h
to the site.The closest Bike Route is a Class II Route along 28'treet to the
south.
Cit Reco nized Nei hborhood Action Plan:The site is in the John Barrow
Neighborhoods Plan Area.The Plan calls for creation of a development climate
in the John Barrow Neighborhood Area that would attract job-generating
businesses.The Plan also calls for development design standards,but does not
specifically recommend any other than to state that traffic and pedestrian flows
should be improved and efficient.
~Landsca e:
1.Compliance with the City's Landscape and Buffer Ordinances is required.
2.An automatic irrigation system to water landscaped areas will be required.
3.An average of eighteen-foot (18)wide land use buffer is required to
separate this proposed development from the residentially zoned property
on the eastern perimeter of the site.Seventy percent (70%)of these
buffers are to remain undisturbed.Easements cannot count toward
fulfilling this requirement.
4.An average of nine-foot (9)wide land use buffer is required to separate
this proposed development from the residentially zoned property on the
southern perimeter of the site.Seventy percent (70%)of these buffers
are to remain undisturbed.Easements cannot count toward fulfilling this
requirement.
5.The property to the south and the east is zoned residential,therefore,a
six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall,or dense evergreen plantings,is required along
the southern and eastern perirneters of the site.
G.SUBDIVISION COMMITTEE COMMENT:(June 1,2006)
The applicant was present representing the request.Staff presented an
overview of the proposed development indicating there were additional items
necessary to complete the review process.Staff requested the applicant provide
the days and hours of operation and the proposed hours of the indicated
dumpster service.Staff also requested the applicant provide the total
percentage of building coverage,the total area designated to landscaping and
the total area covered with parking.
Public Works comments were addressed.Staff stated the proposed driveway
was a concern.Staff stated based on the design of the driveway proper turning
4
July 6,2006
ITEM NO.:N.1 Cont.FILE NO.:Z-8056
movements were not allowed.Staff stated they felt this could potentially cause
conflicting traffic movements on the site as well as the adjoining property.Staff
also stated the width of the driveway should not exceed 36-feet in width.
Landscaping comments were addressed.Staff stated compliance with the City'
Landscape and Buffer Ordinance was required.Staff stated buffering would be
required along the southern perimeter where abutting residentially zoned
property.Staff stated a minimum of seventy (70)percent of this buffer area was
to remain undisturbed.The applicant questioned if a variance could be sought to
allow grading within the buffer area.Staff stated the Planning Commission as a
part of the approval process could approve the request.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification.There was no further discussion of the item.The Committee
then forwarded the item to the full Commission for final action.
H.ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the June 1,2006,Subdivision Committee meeting.The applicant has
indicated the days and hours of operation,the proposed hours of the indicated
dumpster service,the total percentage of building coverage,the total area
designated to landscaping and the total area covered with parking.The driveway
has also been extended to facilitate traffic movement with the site located to the
north,when developed.
The hours of operation are Sunday through Thursday from 6 am to 12 am and
Friday and Saturday from 6 am to 2 am.The dumpster hours of service are
indicated from 6 am to 12 am daily.
The total site is 43,486 square feet and the building will consume 1,557 square
feet.The total area designated for paving is 23,258 square feet and the area
designated for landscaping is 18,671 square feet.A total of 840 square feet of
outdoor dining is proposed.
The site indicates the placement of twenty (20)drive-in stalls and seven (7)
surface parking stalls.A second phase indicates the addition of six (6)surface
parking stalls should additional parking become necessary.The 840 square feet
of outdoor dining requires eight on-site parking spaces.The proposed Phase II
parking must be constructed with the Phase I portion of the development to
provide parking for employees and the outdoor dining area.
The applicant has indicated shrubs will be planted along the southern property
line to assist in providing a noise barrier between the adjoining church and the
new restaurant.The volume of music will be lower during church service and
5
July 6,2006
ITEM NO.:N.1 Cont.FILE NO.:Z-8056
according to the applicant the gymnasium is located adjacent to the restaurant
which will also act as a sound barrier.
A single pylon sign is proposed in the front yard area not to exceed 36-feet in
height and 110 square feet in area.Building signage is proposed along the front
of the building not to exceed 18-square feet in area.The indicated signage is
consistent with signage typically allowed in commercial zones.
The site plan indicates an automatic irrigation system will be installed to water
landscaped areas and plant materials will be installed per minimum ordinance
requirements.The applicant is requesting to grade the entire southern perimeter
of the site removing the required 70 percent undisturbed buffer.A retaining wall
is required in this location and the removal of the buffer is necessary to allow
reasonable grading and to allow proper drainage for the site.The site plan
indicates a 12.5 foot setback from the paving to the property line in this area.
According to the applicant shifting the building to the north to allow the required
buffer is not an option due to increased grades along the northern perimeter.
Staff is supportive of this request.
The revised plan extends the drive from John Barrow Road to allow the
crossover point at 75-feet.According to the applicant this will facilitate traffic
movements within the site and allow for reduced conflicts when the site to the
north is developed.
The proposal includes the subdivision of this existing lot to allow a four acre
parcel and a one acre parcel.The four acre parcel will be maintained by the
current owners with the one acre parcel being sold to the potential restaurant
developers.Staff is supportive of this request.The indicated lots sizes are
more than adequate to meet the typical minimum standards for office and
commercial zoned property.Staff recommends the applicant provide the
required platting documentation to staff within 60 days of approval by the Board
of Directors.
Staff is supportive of the applicant's request.Staff feels the applicant has done
a good job in minimizing the impacts of the proposed development on adjoining
properties.Although the site plan indicates the removal of the required buffer
along the southern perimeter the applicant has indicated the buffer will be
replanted with shrubs and trees to protect the adjoining church property.The
applicant has also indicated the new restaurant will be sensitive to the adjoining
church and their activities by reducing the volume of their music during church
services and activities.To staff's knowledge there are no outstanding issues
associated with the request.Staff feels the proposed development will be an
asset to the community and should have minimal impact on the adjoining
properties.
6
July 6,2006
ITEM NO.:N.1 Cont.FILE NO.:Z-8056
STAFF RECOMMENDATIONS:
Staff recommends approval of the requested preliminary plat and proposed PCD
for Sonic Restaurant subject to compliance with the following conditions:
1.Comments and conditions as outlined in paragraphs D,E,F and H of the
above agenda staff report.
2.All parking including the Phase II parking must be constructed in Phase I.
3.The applicant lower the volume of outdoor music played through the
speaker system during church service and church events.
4.Staff recommends the applicant provide the required platting
documentation to staff within 60 days of approval by the Board of
Directors.
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The applicant was present representing the request.There were registered objectors
present.Staff presented the item indicating the applicant was requesting a deferral of
the item to the July 6,2006,public hearing.Staff stated the deferral request would
require a waiver of the Commission's By-laws with regard to the late deferral request.
Staff stated they were supportive of the deferral request.
There was no further discussion of the item.A motion was made to approve the By-law
waiver.The motion carried by a vote of 10 ayes,0 noes and 1 absent.A motion was
made to approve the deferral request.The motion carried by a vote of 10 ayes,0 noes
and 1 absent.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was not present.There were no registered objectors present.Staff
presented the item with a recommendation of deferral of the item to the August 3,2006
public hearing.Staff stated the applicant was continuing to work out issues related to
the site plan.
There was no further discussion of the item.The chair entertained a motion for
placement of the item on the Consent Agenda for Deferral.The motion carried by a
vote of 9 ayes,0 noes,and 2 absent.
7
July 6,2006
ITEM NO.:1 FILE NO.:Z-8064
NAME:Rhoten Group Home —Special Use Permit
LOCATION:2518 S.Maple Street
APPLICANT:Billie Faucette Rhoten
OWNER:Billie Faucette Rhoten
PROPOSAL:A special use permit is requested to allow use of the
existing single family structure on R-3 zoned property
as a group home for 11 residents and one (1)live-in
house manager.
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 Love,Goodwill,Midway
and Stephens Area Faith Neighborhood Associations were notified of the
public hearing.
S
2518 S.Maple Street is located on the west side of S.Maple Street,north
of Asher Avenue.The property contains a one-story frame single family
residential structure.There appears to be additionalliving space within
the attic area,as there are exterior steps on the south side of the
structure.There is a driveway at the southeast corner of the property
which is shared with the property at 2522 S.Maple Street.There is one
(1)off-street parking space on this property.There is also a partially
paved alley right-of-way along the west property line.
The general area contains a mixture of zoning and uses.There are single
family residential structures to the north,east and west.There is one (1)
single family structure to the south,with a mixture of residential,office and
commercial type uses along Asher Avenue further south.
The applicant,Billie Faucette Rhoten,proposes to utilize the existing
1,662 square foot structure as a group home.The residential facility will
serve as a transitional living facility and provide chemical free living for 11
female residents.The facility will have one (1)live-in house manager,
who will reside in one (1)of three (3)bedrooms.Each of the three (3)
bedrooms will have four (4)beds.
The typical resident has completed drug rehab.There will also be
residents who come from off the street who were involved in bad
July 6,2006
ITEM NO.:1 Cont.FILE NO.:Z-8064
environments and have decided to change their lives.Treatment services
will be provided to the residents off-site.Each resident will have three (3)
mandatory meetings to attend each week.A copy of the House Rules
and Standards has been provided and are attached for Commission
review.
The site is not located on a CATA bus route.Bus Route ¹14 (Rosedale
Route)runs along W.Roosevelt Road,approximately two (2)blocks to the
south.Route ¹16 (UALR Route)runs along West 25 and Lewis Streets,
approximately five (5)blocks to the west.The applicant notes that
residents will be allowed to own vehicles.Currently there are no residents
with vehicles.
Section 36-54(e)(4)of the City's Zoning Ordinance provides the following
provisions for Group Home Facilities,as adopted by the Board of
Directors on September 6,2005:
1.family care facility,group care facility,group horne,
parolee or probationer housing facility,rooming,lodging
and boarding facility:
(a)Separation,spacing and procedural requirements for family
care facilities,group care facilities,group homes,parolee or probationer
housing facilities and rooming,lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood.Unless the commission
determines that a different area is more appropriate,a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500)feet of the site for which the permit is
requested.
(b)There shall be a presumption that a special use permit for a
group home of 5,6,7,or 8 handicapped persons will be granted if all
ordinance requirements are met,except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
of whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c)Issues that the planning commission will consider during its
review of a family care facility,group care facility,group home,parolee or
probationer housing facility,or rooming,lodging and boarding facility
include,but are not limited to:
1.Spacing of existing similar facilities.
2.Existing zoning and land use patterns.
2
July 6,2006
ITEM NO.:1 Cont.FILE NO.:Z-8064
3.The maximum number of individuals proposed to be served,the
number of employees proposed and the type of services being
pl oposed.
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 are six (6)other residential facilities
within 1,500 feet of the property.There are approximately 600 available
beds within these facilities.These facilities are as follows:
1.St.Francis House —2701 S.Elm Street
Homeless shelter for 40 —50 veterans.
2.Dino Davis —2900 Cedar Street
Chemical-free living facility for 10-15 residents.
3.Dino Davis —3925 Asher Avenue
Chemical-free living facility for up to 60 residents.
4.Compassion Center for Women —4210 Asher Avenue
Homeless shelter for up to 43 women.
5.Compassion Center for Men —3618 West Roosevelt Road
Homeless shelter for 200-250 men
6.Magnolia Retirement Facility —3601 West Roosevelt Road
Living facility for up to 183 retired or disabled persons.
3
July 6,2006
ITEM NO.:1 Cont.FILE NO.:Z-8064
As noted previously,there are three (3)bedrooms in the residential
facility,with four (4)beds in each bedroom.The areas of the bedrooms
are as follows:
Bedroom 1 —139 square feet
Bedroom 2 —140 square feet
Bedroom 3 —367 square feet
Section 8-406(a)of the City's Buildings and Building Regulations
Ordinance (minimum area per dwelling unit)requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore,the minimum area for a residence occupied by 12 persons is
1,250 square feet.As noted earlier the residential structure contains
'l,662 square feet.
Section 8-406(b)(minimum area per bedroom)requires 70 square feet for
the first occupant and 50 square feet for each additional occupant.Each
bedroom is required a minimum of 220 square feet for four (4)occupants.
Bedrooms 1 and 2 contain 139 and 140 square feet respectively,as noted
above.
The applicant submitted a copy of the bill of assurance for this
neighborhood,which was recorded in 1901.The bill of assurance is
handwritten and not completely legible.It likely contains no use issues.
Staff is not supportive of the requested special use permit to allow a group
home at 2518 S.Maple Street.Based on the survey which staff
conducted of the area within 1,500 feet of the site,staff feels that there
has been a proliferation of residential living facilities within this area in
recent years.Staff feels that approximately 600 available beds within this
area is a maximum number for this neighborhood (1,500 foot radius).
Additionally,two (2)of the three (3)bedrooms do not conform to the
minimum required area of Section 8-406(b),as noted above.Staff feels
the applicant should seek another location for the proposed group home,
in a neighborhood area which contains a smaller number of residential
living facilities.
C.SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
Al Cross was present,representing the application.Staff briefly described
the proposed group home,noting that much additional information was
needed on the proposed use.Mr.Cross indicated the required
information would be submitted to staff.Mr.Cross noted that the group
home had been at this address for approximately one (1)year.
4
July 6,2006
ITEM NO.:1 Cont.FILE NO.:Z-8064
Staff noted that a survey was being done to identify all living facilities
within 1,500 feet of the site.This issue was briefly discussed.
After the discussion,the Committee forwarded the application to the full
Commission for resolution.
D.Staff Recommendation:
Staff recommends denial of the requested special use permit to operate a
group home at 2518 S.Maple Street.
PLANNING COMMISSION ACTION:(JULY 6,2006)
Staff informed the Commission that the applicant submitted a letter on July 3,
2006 requesting the application be deferred to the August 17,2006 Agenda.
Staff supported the deferral request.
With a vote of 9 ayes,0 nays,and 2 absent,the Commission voted to waive their
bylaws and accept the request for deferral being less than five (5)days prior to
the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 17,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays,and 2 absent.
The application was deferred.
5
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XF.BILLIF.HOUSF.C &&"-g.-)
2S E S &VEapl&:Street
E ittle El&&&:E&,.XR 72204
House Rujes and Standanls
1.All residents are to attend outside suppor t gr.oup»(AA,NA,CA),;&t lc;i»t
four (0)times pcr week.This is to bc documented by;&sign-in sheet,
which may bc obt;iined from the House Manager.I'wo (2)of'thc support
meeting&&»arc to be AA.Two (2)are to be at thc Step t tp Support (.'enter.
I'he fif'th meeting is a house meeting held on Sunday at 7 p.m.
Z.Residents will abide by a 10:30 p.m.curfew Sunday through 'I'hursdav
and a 12-midnight curt'ew on I riday and Saturday.Breaking curt'cv v,ill
result in immediate termination.Cjnle.s,&&oui w'o~.j~a ni ~AC job.
Any alcohol or othcl drug use on oi ofTNebi1 lie 1 louse premises i»
strictly prohibited.
A.You arc required to be gainfully cinploycd bcfor c the end of'sour tir»t "
iveeks at Ncbillie I louse.Any exceptions inust be specified and approx ed
by the Director before you enter into the residence.Regardless of anv
circumstances surrounding your employment situation,no one is allowed
to "hang around"at Ncbillie House Monday through 1 riday bctwccn thc
hours of ~):00 a.m.and 4:00 p.m.If you feel the need to "hang around"
feel free to go to Wol le Street;ind go to some 12-step meetings.Hetter
yet,il you have not started work,go to Wolfe Street;ind volunteer your
time.I'his is better th;in sitting around doing nothing and "getting in to
yourself."
5.I t I'or any reason you are involuntarily terminated from Nebillic House
there ivill be no ref'und of any rent paid.
Z j 'I
Ei.A tive-dollar ($5.00)kcy deposit is required up front at the tinic;i person
enter.s into the residence at Nebillic House.'['his deposit is refund;ibl»
ii h»n thc key is return»d to thc Director.or I louse Manager aiid there is
Ilo icnt p&lst duc.
7.Fightiiig,sexual harassment,verbal abuse,theft,and willf'u1/negligent
destruction of the property of others (including house property)will result
in immediate eviction from Ncbillie J louse.
H.3 «t p .-:~d —I::rt I'»ll
b&'cn met:
A)l'o i ecei~»a one-day pass you nxust have been a resident of Nebillie
f louse for at least two-weeks.Your.first two weeks here —you will
only b»allowed to look for a job,attend meetings;ind other
appointnients.(Social Security,Food Stamps,ID,etc.)
8)You must submit your outside meeting attend;ince sheet;prior to
receiving any pass.
C)Your rent must be current.If you owe any back rerit sou will iiot
receive a pass of any kind.
Dl You must have abided by all other rules and standards as determined
by the House Manager.
lterns (A)through (D)are the minimum requirements to be even consideredf'r obtaining a pass.Passes are earned,not given.It the Director or House
X&4anagcr feels a pass will aid in your rccovcrv vou will prob;iblv get onc.
On the other hand if wc believe that a pass v,ould present;in obvious relapse
risk you probably won't obtain one —regardless of other f;ictors.
.-'j i
9.Bedrooms are to kept cle;rn;rt;rll time».You arc rcrluircd to sharc in
household duties;rs a condition of your being allov cd to live in
Ncbillie I louse.Specifrc household duties will be determined and
assigned accordingly by thc Idouse Manager.
10.4;ach Nebillie House resident is responsible for payment of'their rent
on a timely basis,as to bc determined by the Director.If rent is in
arrears,this constitutes grounds for immediate dismiss;rl from Ncbillic
I louse.It you arc affected by sudden trnanci;rl problem»you;rre
expected to notify thc Director as soon as possible.
11.Ncg;rtivity is not w'hat wc arc about.If you are dissatisfrcd with
something,bring that issue to the house meeting.
12.I-louse business will be addressed at the house meeting.
(Sunday's 7:00 p.m.)'I'his will be the resident's oppo»rnity
to x oice conccrTrs,make staff aware of problems,or discuss
any issues needing the staffs attention.
13.Fver&resident is to respect the confrdentialily of other'esidents.
All house business is to rcrnairr in the house.,dnr brr ach
of'orifidenti«li ty wi 0 result in evi cti on of'he sorrr ce.
14.'I'here v,ill be no loitering in front ot the house.Violation of this
r.ule wiO r esrrlt in 510.00 fine each time ~.ou 're carr,ht.
Stealing v,ill not bc tolcratcd.If something docs not belong to you,
leave it where you found it.Violation will resrrit i rr evi r.tion.
16.I)o not t;rke any food out of the kitchen that does not belong to you.
Tlrisis stealirrrJ and you will te evictedirrrmediately.
17.I:«ting «nd smoking v ill only be allowed in thc 'I V room 2 «nd the
kitchen.Violation rvill t e.'sreltin eviction.
1&8.Ab»olutcly no visitors of thc opposite scx arcallowcd in thc house.
Unless working on the house.Malcvisitor»are to be seen in the
backs al d.
19.Any supplies or maintenance repairs requested arc to bc &&iven to
thc House Manager in writing.These rcquc»t need to bc»igned and
d rted
"0.All residents tlr;rt are taking leg;rlly prescribed medic«tions that ar.c
not mood «ltcring is responsible for the administration and security
of'these nredications.I&csidents taking mood altering medications
will have them locked up by the 1 louse Manager.These medications
will be administered by the House Manager.
21.Roommates are expected to respect onc another's hy&&icne arrd pf'oper ts
at all times.C.'urfew and lights out in the bedrooms are;rt 11:00p.rrr.
Sunday through Thursday nights and 12 rnid-night on I'riday and
'5'rturd'ry night».This includesmusic irr rooms.(L.Inlcss Holiday
weekend).Anyone keeping curfew but not in bcd after lights out
needs to respect their roommate by not turning on any lights when
entering the room.Also,any disruptive or raucous beh;rvior after
curtew will not be tolerated.
2"./Vo guns,knives,clubs',or anyotlIer potential vveapons rvill not be
permitted on iVebillie Flounce property.You vill be'vie teel'.
23.Residents agree to random drug and or alcoltol testing by tire
F xecuti ve Director or a rnentber of /ter staff';
Sg'i
24.lf a clientis «victezl for violation of any rule in this agreeznent,she will
loose her deposit and or her current weeks rent.
l'hese rules «reintended to ensure your rez.overyand personal stabilig'.
Recovery requires maturity and a since of responsibility.Vou znust learn
to folio~rules ifyou want to stay sober.Do not si n this contract unless
ou are willin to observe these rules.
,'Vebillie House is vour home,so please tretztit «s such.FVe welconze vozzr
questiozzs azzd suggestions c ozzcerningNebillie House and the prog ram.
I understand Nebilli e Housei s a residential and clzemical free
environment and I will be held accouzztahle for «ll rules.
The above rules have been explained to me and l fullv understand all of
tlzenz.Failure to abide by these rules will produz.e consequencesincludizzg
e»ic tion frozn Nebillie House.
Client 's Signature Date
Bi llie Fazzc ette-Rhoten,Date
Eiecuti ve Director
C'EBILLIE
HO E.tSE
2518 Maple Street
Little Rock,AR 72204
Billie I&'aucette-Rhoten,Executive Director
City Planning k Development
723 West X&4arkhaIn
Little Rock,AR 72201
'I'o Whom It May C'oncern
Nebillie House C'hemical-Free I iving C:enter is a non-profit organization (50l c3 approved)
I 2 bed female facility.I have found through experience that a f'acility such as Nebillic
House is a great therapeutic beneftt to the recovering alcoholic.addict or homeless person.
At the present there are seven clients,
Nebillic House provides a safe,positive drug and alcohol-I'Ice environment that will allow
the client to live and work freely while remainin«in a structur«d,recover oriented
envn onnlcnt.
'I'here are three nlandatory meetings that the client must attend weekly.A meeting
attendance sheet must be signed by a chairperson;It all outside meetings.
'I he cost is $80.00 per week.This fee includes rent,utilities,cable and telephone service
If you haec any questions regarding Nebillie IIouse please feel f'ree to phone me at
(501)343-6820 I will be happy to schedule a time at your convenience,for a tour
of the tacility.
Thank You,
I3illie Faucette-Rhoten
Executive Director
7 j /
NEBILLIE HOUSE
MISSION STATEMENT
It is the mission of NIMBI I LIF.HOUSF.to provide a hIII spectrum of social
services to women who are alcoholics or homeless with a specific emphasis
on issues related to substance abuse.
PVRPOSE
In recent years there has been a sharp increase in this diverse and severely
undcrserved population.Women in this group have a multitude of needs that
must be addressed in order for them to live satisfying and independent lives
within thc community.To this cnd,NEBILLIE is conln1ittcd to:
'ervices designed with a focus on the specific context,
cultural realities and needs of the participants and the
conlITlunit.y.
"'Fmpowerment of women through cooperative rather than
authoritarian relationships.
"'Life-af'firming programs that will enable women to have
equal access to society's resources and live with dignity
and respect.
"'Provide alternatives to incarceration for at-risk women.
C'ontnct Infor motion:Ilillie I'nucette-Rhoteu
N LrBILLII;,Inc.
I'.O.IIorr 4344
Little Rock,AR 72214
(50 I )343-682(l
nebilliehouse(u!conrcust.net
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,872-C Consent Fixing Period of Limitation Upon
Assessment of Tax Under Section 4940 of the
Internal Revenue Code
Form 1023 Submit
Depareneni oi toe Treason
in duplicate.
lenenel Revenue Sermon (See instructform on reverse side.)
Under section 6501(c){4)of the Internal Revenue Code.and as part of a request filed with Form 1023 that the
organization named below be treated as.a pubHcfy supported organization under section 170(b)(1)(A)(vi)or
section 509(a)(2)during an advance ruling period,
NEBILLIE,INC.
IEeact legai nsme or egantteaiott as sttenat et ~tiectettentJ District Director of
Internal Revenue,or
20 Irving Drive,Little Rock,AR ?2204
and the Assistant
Commissioner
ttvumber,seeet,city te tense stale,and zip cotta){Employee plans and
Exempt Organizations)
consent and agree that the period for assessing tax (imposed under section 4940 of the Code)for any of the 5
tax years in the advance ruling period will extend 8 years,4 months.and 15 days beyond the end of the first tax
year.
However,if a notice of deficiency in tax for any of these years is sent to the organization before the period
expires,the time for making an assessment will be further extended by the number of days the assessment is
prohibited,plus 60 days.
Ending date of fjrst tax year December 31,200
stay.and yeats
Name of organization (as shown in organizing document)Date
NEBILLIE,INC.
8-IL-eg
Officer or trustee having authority to sign
Type or print name and title
Billie Faucette-Rhoten
For IRS use only
District Director or Assistant Comm~Kmplo~Phns and Exatngt Orqanizations)Date
OI.T,&,~K"-;.-
B
R+&.
For Paperwork Reduction'Act hlotlce,see page 7 of the Form 1023 Instructions.cac No.16905Q
July 6,2006
ITEM NO.:2 FILE NO.:Z-8065
NAME:Cross Group Home —Special Use Permit
LOCATION:2522 S.Maple Street
APPLICANT:Al Cross
OWNER:Billie Faucette Rhoten
PROPOSAL:A special use permit is requested to allow use of the
existing single family structure on R-3 zoned property
as a group home for 13 residents and two (2)live-in
house managers.
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 Love,Goodwill,Midway
and Stephens Area Faith Neighborhood Associations were notified of the
public hearing.
ff
2522 S.Maple Street is located on the west side of S.Maple Street,north
of Asher Avenue.The property contains a one-story frame single family
residential structure.There is a one-car wide driveway at the southeast
corner of the property.There is also a driveway at the northeast corner of
the property which is shared with the property at 2518 S.Maple Street.
There are two (2)off-street parking spaces on this property.There is also
a partially paved alley right-of-way along the west property line.
The general area contains a mixture of zoning and uses.There are single
family residential structures to the north,east and west.A mixture of
residential,office and commercial type uses exist along Asher Avenue to
the south.
The applicant,Al Cross,proposes to utilize the existing 1,870 square foot
structure as a group home.The residential facility will serve as a
transitional living facility and provide chemical free living for 13 male
residents.The facility will have two (2)live-in house managers,who will
reside in one (1)of five (5)bedrooms.Each of the five (5)bedrooms will
have one (1)to six (6)beds.
The typical resident has completed drug rehab or is a recovering addict.
There will also be residents who come from off the street who are
homeless.Treatment services will be provided to the residents off-site.
July 6,2006
ITEM NO.:2 Cont.FILE NO.:Z-8065
Each resident will have three (3)mandatory meetings to attend each
week.A copy of the Activities and Operational Information has been
provided and are attached for Commission review.
The site is not located on a CATA bus route.Bus Route ¹14 (Rosedale
Route)runs along W.Roosevelt Road,approximately two (2)blocks to the
south.Route ¹16 (UALR Route)runs along West 25'nd Lewis Streets,
approximately five (5)blocks to the west.The applicant notes that
residents will be allowed to own vehicles.No transportation will be
provided by the group home.
Section 36-54(e)(4)of the City's Zoning Ordinance provides the following
provisions for Group Home Facilities,as adopted by the Board of
Directors on September 6,2005:
(4)family care facility,group care facility,group home,parolee or
probationer housing facility,rooming,lodging and boarding facility:
(a)Separation,spacing and procedural requirements for family
care facilities,group care facilities,group homes,parolee or probationer
housing facilities and rooming,lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood.Unless the commission
determines that a different area is more appropriate,a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500)feet of the site for which the permit is
requested.
(b)There shall be a presumption that a special use permit for a
group home of 5,6,7,or 8 handicapped persons will be granted if all
ordinance requirements are met,except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
of whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c)Issues that the planning commission will consider during its
review of a family care facility,group care facility,group home,parolee or
probationer housing facility,or rooming,lodging and boarding facility
include,but are not limited to:
1.Spacing of existing similar facilities.
2.Existing zoning and land use patterns.
3.The maximum number of individuals proposed to be served,the
number of employees proposed and the type of services being
2
July 6,2006
ITEM NO.:2 Cont.FILE NO.:Z-8065
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 are six (6)other residential facilities
within 1,500 feet of the property.There are approximately 600 available
beds within these facilities.These facilities are as follows:
1.St.Francis House —2701 S.Elm Street
Homeless shelter for 40 —50 veterans.
2.Dino Davis —2900 Cedar Street
Chemical-free living facility for 10-15 residents.
3.Dino Davis —3925 Asher Avenue
Chemical-free living facility for up to 60 residents.
4.Compassion Center for Women —4210 Asher Avenue
Homeless shelter for up to 43 women.
5.Compassion Center for Men —3618 West Roosevelt Road
Homeless shelter for 200-250 men
6.Magnolia Retirement Facility —3601 West Roosevelt Road
Living facility for up to 183 retired or disabled persons.
As noted previously,there are five (5)bedrooms in the residential facility,
with one (1)to six (6)beds in each bedroom.The areas of the bedrooms
are as follows:
Bedroom 1 —180 square feet (4 occupants)
3
July 6,2006
ITEM NO.:2 Cont.FILE NO.:Z-8065
Bedroom 2 —190 square feet (3 occupants)
Bedroom 3 —243 square feet (6 occupants)
Bedroom 4 —114 square feet (1 occupant)
Bedroom 5 —114 square feet (1 occupant)
Section 8-406(a)of the City's Buildings and Building Regulations
Ordinance (minimum area per dwelling unit)requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore,the minimum area for a residence occupied by 15 persons is
1,550 square feet.As noted earlier the residential structure contains
1,870 square feet.
Section 8-406(b)(minimum area per bedroom)requires 70 square feet for
the first occupant and 50 square feet for each additional occupant.
Bedrooms 1 and 3,as noted above,do not conform to this minimum
standard.Bedroom 1 requires a minimum 220 square feet and Bedroom
3 requires 320 square feet.
The applicant submitted a copy of the bill of assurance for this
neighborhood,which was recorded in 1901.The bill of assurance is
handwritten and not completely legible.It likely contains no use issues.
Staff is not supportive of the requested special use permit to allow a group
home at 2522 S.Maple Street.Based on the survey which staff
conducted of the area within 1,500 feet of the site,staff feels that there
has been a proliferation of residential living facilities within this area in
recent years.Staff feels that approximately 600 available beds within this
area is a maximum number for this neighborhood (1,500 foot radius).
Additionally,two (2)of the five (5)bedrooms do not conform to the
minimum required area of Section 8-406(b),as noted above.Staff feels
the applicant should seek another location for the proposed group home,
in a neighborhood area which contains a smaller number of residential
living facilities.
C.SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
Al Cross was present,representing the application.Staff briefly described
the proposed group horne,noting that much additional information was
needed on the proposed use.Mr.Cross indicated the required
information would be submitted to staff.Mr.Cross noted that the group
home had been at this address for approximately one (1)year.
Staff noted that a survey was being done to identify all living facilities
within 1,500 feet of the site.This issue was briefly discussed.
4
July 6,2006
ITEM NO.:2 Cont.FILE NO.:Z-8065
After the discussion,the Committee forwarded the application to the full
Commission for resolution.
D.Staff Recommendation:
Staff recommends denial of the requested special use permit to operate a
group home at 2522 S.Maple Street.
PLANNING COMMISSION ACTION:(JLILY 6,2006)
Staff informed the Commission that the applicant submitted a letter on July 3,
2006 requesting the application be deferred to the August 17,2006 Agenda.
Staff supported the deferral request.
With a vote of 9 ayes,0 nays,and 2 absent,the Commission voted to waive their
bylaws and accept the request for deferral being less than five (5)days prior to
the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 17,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays,and 2 absent.
The application was deferred.
5
ATTACHMENT 5 —PART II (,»-I,
ACTIVITIES ck OPERATIONAL INFORMATION OFLIFECHANCINGCHEMICAL-FREE LIVIN(»CENTER
The organization wiH be a 12-step recovery program for alcohol and substance abuse formenandwomenresidentsinthecentralArkansasarea.Clients will be provided a safe,positive,drug and alcohol-free environment that will allow them to live and work freelvwhileremaininginastructured,recovery oriented environment.These recovering clientswillliveintherecoveryhouseuntilthereareabletoliveontheirown.
Each client will be charged a weekly fee for staying in the house.This fee covers all oftheirexpensesofroomandboard.Clients are required to perform daily household tasksandfollowtherulesestablishedbythisorganization.Copies of house rules are enclosed.
Clients are required to attend outside support recovery groups at least three times per~veek and also those that are conducted at the recovery house with mandatory attendance.Failure to follow rules established by this program can result in a IIne or expulsion fromtheprogram.
Clients in this program will be obtained from court referral programs or by sel f-referral.I'he recovery house will house up to 15 members in one house.A supervisor will resideinthehousetoensurerulesandprogramsarebeingfollowed.Mr.Alfred Cross will runtheprogramandMr.Cross title will be Director.
Cirant funds will be applied for so additional recovery houses can be established under theumbrellaofthisorganization.The additional homes will house male,female anddependentchildrenoftheclients.
ln summary,Life Changing Chemical Free Living Center will be a non-profitorganizationthatprovideshousingforrecoveringaddictsandallfundsreceived will beusedtosupporttherecoveryhomesofthisorganization
z.(g
LUFF CHAN61N6 Too CHKMKAL-FRKF LIVIN6 CKWTKR
XL CROSS,VW~Cm.&Mr.()mFCTOV
RO16 SOUTH SCHILLEB STHFFT
LJTTLF.ROCK,AR 72209.
(501)375-7645 OFFIGF (501)831-2577 cELL
Junc..15,200(i
City of Little Rock Planning and I)evelopment
Attn.Planning Comrnissinn
723 West Markham Street
I.ittle Rock,Arkansas 72201
To Whom It M;ry C'oriccrn:
This cove letter is being subnritted to you on behalf of Lif«C.'hanging
Chemical I ree Living Center,located at 2522 Maple Street,Little
Rock,Arl .7 04 and its request tor a special user permit.'I'he special
user permit would afford l.ite (:.'hanging,a halfway house for men
recently released from prison or addict,the opportunity to provide
transitional and substance;1buse services to these men.
If you have any questions regarding Life Changing please feel free to
phone me at (&01')831-2140.
Respectfully Submitted,jn ~~~)
Al ('r oss.Director
Life C'hanging C'hemical Free Living
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A %AT U SKI
—-tate~Revenue&ede
Form 1023.SubmitDeqartntentotOtaTraoaseyindupfkate.Internal Revenue Sokaco (See Instructions on reverse side.)
Under section 6501(c)(4)of the internal Revenue Code,and as part of a request filed with Form 1023 that theorganizationnamedbelowbetreatedasapubliclysupportedorganizationundersection170(b)(1)(A)(vi)orsection509(a)(2)during an advance ruling period,
Life Changing Chemical-F'ree Living Center
fKcact ternati name of organaa tice as snown in orciantvng document)Distnct Director of
Internal Revenue,or2016SchillerSt.Little Rock,t'tR 72202 Assistant
Commissioner,Numoer,street.ccr or town,state,and ZIP cocci (Employee Plans a,id
Exempt Organizations)
consent and agree that the penod for assessing tax (imposed under section 4940 of the Code)for any of the 5taxyearsintheadvancerulingoeriodwillextend8years,4 mor,ths,and 15 days beyond the end of;he first taxyear.
loweve;.if a notice of deficiency;n tax fcr any of these yeats ts se.t tc '.i e ciganizaticn oetore .ne oe",ocexoires,the '.me or making an assessment will oe furtne,extei ded b;the nurr be c'a,s '.ne
assessme'roi-,oiled,o,us =0 days
Id,',lg cate oi fl;s;'.ax vear
'.tc-;n =ay a "c,ear
Ne le 3 rO3 2 ':SS 3 Cr"
Life Changing Chem3.cal —Free Living Center 3/15/023:rus::=u 'u'h 'C
/=.r„na;ure &Alfred Cross,
For IRS use only Executive D3.rector~s.rtc;Di,ec;or:~Ass s.at",-mmiss:rer .=r,oio,ee ~lsr s sr n:k=.mC ooi st or,st:.
Su
For Pa per~ark R educttc n Act Notte e sr e parte 7 nt ttte Fnrm t 023 instruc iten s
July 6,2006
ITEM NO.:3 FILE NO.:LU06-25-01
Name:Land Use Plan Amendment-Port Planning District
Location:Either side of Lindsey Road north of 1-440
Receuest:Park Open Space to Commercial
Source:Rajendra Patel
PROPOSAL /REQUEST:
Land Use Plan amendment in the Port Planning District from Park Open Space
to Commercial.Commercial includes a broad range of retail and wholesale sates
of products,personal and professional services,and general business activities.
There is an accompanying item to rezone this property from R-2 Single Family to
C-3 General Commercial.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include an area east of Lindsey Road at 1-440 as well.T his
change makes the area between the Fourche and 1-440 either side of Lindsey
Road part of the application.
EXISTING LAND USE AND ZONING:
The property is wooded currently zoned R-2 Single Family and is 4.8 acres +in
size.The expanded area includes land cleared east of Lindsay Road,which is
regenerating and zoned R-2.The area of the total amendment area is 9 acres +
in size.
The site of the amendment is zoned R-2 Single Family.The western section is
wooded and the eastern has bee cleared with the vegetation returning.To the
northwest is the Little Rock Regional Airport.This Land Is zoned 1-2 Light
Industrial and I-1 Industrial Park.To the immediate northeast is a Park zoned
PR,Park Recreational and R-2 Single Family.Some of this R-2 land is vacant
and a row of Single-family homes is along Roosevelt Road.Beyond this to the
north and northeast is land zoned 1-1 with a warehouse-distribution use.To the
south is Interstate 440;beyond this is the west end of the Little Rock Industrial
Park.There are several warehouse-distribution uses in this area.
July 6,2006
ITEM NO.:3 Cont.FILE NO.:LU06-25-01
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
March 18,2003,Multiple changes were made north and west of the application
area.In the vicinity of this application changes were made across Fourche
Creek from Industrial to Public Institutional for the Airport and Industrial to Light
industrial to more accurately reflect the Airport Master Plan.A small area of
Single Family was changed to Light industrial either side of Roosevelt Road east
of Lindsey Road.These changes were part of the 'East of 1-30'lan review
conducted in 2001.The intent of changes in this area were to bring the City
Land Use Plan into conformance with the Airport Master Plan which calls for
Airport control of all lands between the current airport facilities east and south to
Fourche Creek.
The Land Use Plan shows this site for Park/Open Space.North of Fourche
Creek is shown for Light Industrial.A small area of Single Family is shown along
Roosevelt Road with a designation of Future Light Industrial.The Little Airport
Master Plan calls for the acquisition of all the land north and west of Fourche
Creek.The Land Use Plan recognizes this future expansion of the airport and
related industrial uses.South of Interstate 440 is shown for Industrial use.This
is a portion of the Little Rock Port industrial Park.
MASTER STREET PLAN:
Lindsey Road is shown as a Collector on the plan.A Collector provides a
connection between the Arterial system and local streets or activity centers.The
secondary function of a Collector is to provide access to adjacent properties.
There are no improvements currently programmed for this road.Additional right-
of-way and paving may be required as a result of the development.
BICYCLE PLAN:
The Master Street Plan,bicycle section,proposes a Class II bike route along the
Lindsey Road.A Class II route uses a portion of the pavement for the sole
purpose of moving bicycles.No additional right-of-way would be required,
however different markings and signage along the street would be needed.
PARKS:
The Little Rock Parks and Recreation Master Plan indicates this site is within 8-
blocks of a public park or open space.
2
July 6,2006
ITEM NO.:3 Cont.F I LE NO.:LU06-25-01
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The amendment area is either side of Lindsey Road north of interstate 440.This
is the location of an interchange.The site is a narrow strip of land between the
interstate and Fourche Creek.To the north of Fourche Creek is land already
owned by the Little Rock Regional Airport or identified for future acquisition by
the airport.The Regional Airport wishes to own this property of direct airport
needs as well as for related industrial uses which might locate on or adjacent to
the airport,using their facilities.
Just south of the interstate is a rail spur line serving the Little Rock Port.Beyond
this is land zoned for industrial use and mostly developed with warehouse and
distribution uses.It is the western section of the Port industrial Park.With the
Airport,Port and interstate freeway this vicinity is ideal for industrial,distribution
and related uses.
The interchanges to the east and west each have a small amount of commercial
use.To the west are four motels,small restaurant and parking facility.Most of
these have a strong relationship with the airport.To the east is a service station,
motel and vehicle support businesses to address the needs of those using the
Port facilities as well as the freeway.
There are still four small neighborhoods to the northeast.Two of these
neighborhoods have been identified by the Airport as future expansion areas.
As part of the current Airport Master Plan update process,the Airport has
indicated the new Plan should show additional areas for future expansion of
airport related uses.This would result in the conversion of all four
neighborhoods to industrial uses.Two city parks can be found to the northeast.
One is adjacent to the eastern section of the amendment area.This park as a
public boat-ramp as well as playground and open space of athletic
'practice'ields.
The second park is in a neighborhood over half a mile to the northeast.
Fourche Creek has been chanelized in this area.The Parks and Recreation
3
July 6,2006
ITEM NO.:3 Cont.FILE NO.:LU06-25-01
Master Plan does show the Fourche corridor as the 'Take it to the Earth'rail.
Public Works has indicated that the exact location of the floodway needs to be
delineated.In addition an easement along the floodplain would be requested.
Fourche is the main drainage for the City of Little Rock.Any development along
its banks should be designed such that it will not impact the carrying capacity of
Fourche Creek.This site is further impacted by the airport height limitations.
The Little Regional Airport recommends the Federate Aviation Administration
clear any structure's height.
With industrial parks to the south and north and a location at an interchange of
an interstate freeway some commercial use appears reasonable.There can be
a need to provide some retail service to either (or both)the adjacent work force
in the industrial parks or the traveling public on the freeway.The location
adjacent to the Fourche with a city park close by does warrant review by the City.
The existing Land Use Plan designation of Park/Open Space is not supported by
the Parks Master Plan as a public park.Some use of the Fourche corridor is
suggested by the Parks Master Plan,but the use of the entire site is not
proposed at this time.
The City does not intend to acquire this site as a park,thus some alternative use
is reasonable.After review of the site and vicinity staff agrees that,though the
site is challenging to develop,commercial in this general location is reasonable.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following associations:East Roosevelt Neighborhood
Association,Hermitage Property Owners Association and College Station
Progressive League.Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The item was placed on the consent agenda for approval.By a vote of 9 for and
0 against the consent agenda was approved.
4
July 6,2006
ITEM NO.:3.1 FILE NO.:Z-8063
Owner:Joel R.Styles
Applicant:Rajendra Patel
Location:Northwest corner of Interstate 440 and
Lindsey Road
Area:4.86 Acres
Request:Rezone from R-2 to C-3
Purpose:Future Commercial Development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Creek and undeveloped property;zoned R-2
South —Undeveloped property and railroad right-of-way (across 1-440);
Zoned R-2
East —Remrnel Park and undeveloped property;zoned PR and R-2
West —Undeveloped property and railroad right-of-way;zoned R-2
A.PUBLIC WORKS COMMENTS:
1.Due to amount of frontage and classification of Lindsey Road,only
one (1)driveway is permissible by code.
2.CLR Flood Insurance Rate Map shows portions of the property in the
floodplain.Provide survey showing floodplain and floodway
delineations and base flood elevation on the property and in the near
vicinity of the property.Future construction in the floodplain must
comply with Little Rock code by elevating the finished floor 1 foot
above the base flood elevation and obtaining a Special Flood Hazard
Development permit from CLR.Encroachments in the floodway are
prohibited.
3.In accordance with Section 31-176,floodway areas must be shown as
floodway easements or be dedicated to the public.In addition,a 25-
foot wide access easement is required adjacent to the floodway
boundary.
July 6,2006
ITEM NO.:3.1 Cont.FILE NO.:Z-8063
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.Bus Routes ¹12 (East 6
Street Route)and ¹20 (College Station Route)run along East Roosevelt
Road to the north.
C.PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the East Roosevelt
Neighborhood Association were notified of the public hearing.
D.LAND USE ELEMENT:
This request is located in the Port Planning District.The Land Use Plan
shows Park/Open Space for this property.The applicant has applied for a
C-3 General Commercial for future commercial development of the site.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
Master Street Plan:
Lindsey Road is shown as a Collector on the plan.A Collector provides a
connection between the Arterial system and local streets or activity centers.
The secondary function of a Collector is to provide access to adjacent
properties.There are no improvements currently programmed for this road.
Additional right-of-way and paving may be required as a result of the
development.
The Master Street Plan,bicycle section,proposes a Class II bike route
along the Lindsey Road.A Class II route uses a portion of the pavement
for the sole purpose of moving bicycles.No additional right-of-way would
be required,however different markings and signage along the street
would be needed.
Cit Reco nized Nei hborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
2
July 6,2006
ITEM NO.:3.1.Cont.FILE NO.:Z-8063
E.STAFF ANALYSIS:
Joel R.Styles,owner of the 4.86 acre property located at the northwest
corner of Interstate 440 and Lindsey Road,is requesting to rezone the
property from "R-2"Single Family District to "C-3"General Commercial
District.The rezoning is proposed for future commercial development of
the property.
The property is currently undeveloped and mostly wooded.There is a
Little Rock Wastewater Utility pump station near the northeast corner of
the property.There is a creek along the north boundary of the property
with Interstate 440 right-of-way along the south property line.Lindsey
Road runs along the east property line.
In addition to the creek,there is undeveloped property to the north along
E.Roosevelt Road,with the Little Rock Airport being further north.There
is railroad right-of-way to the west and south (across 1-440),with
additional undeveloped R-2 zoned property to the south.Remmel Park
and undeveloped R-2 zoned property are located to the east across
Lindsey Road.
The City's Future Land Use Plan designates this property as Park/Open
Space.A Land Use Plan Amendment for a change to Commercial is a
separate item on this agenda (LU06-25-01).
Staff is supportive of the requested rezoning.Staff views the request as
reasonable.The property is located at the intersection of an interstate,
with on/off ramps.There is a large industrial park area to the south along
Lindsey Road,and the airport facilities to the north.Commercial
development at this location will serve employees,visitors,etc.of these
large developments,as well as the traveling public.The applicant should
be aware that with any development of the site,a Notice of Proposed
Construction or Alteration (form 7460)must be submitted to and approved
by the FAA,with request to airspace determination for building height.
Development of the site must also conform to the City's requirements for
construction in or adjacent to a floodplain.Otherwise,staff feels that the
requested rezoning to C-3 is appropriate,and should have no adverse
impact on the adjacent properties or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
3
July 6,2006
ITEM NO.:3.1 Cont.FILE NO.:Z-8063
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was approved.
4
July 6,2006
ITEM NO.:4 FILE NO.:Z-8067
Owner:Betts Real Estate Enterprises,Inc.
Applicant:Craig Betts
Location:2016 Durwood Road
Area:0.19 Acre
Request:Rezone from R-2 to R-4
Purpose:Duplex
Existing Use:Vacant building (being remodeled)
SURROUNDING LAND USE AND ZONING
North —Single family residences and two-family residences (duplexes)
Along Pine Valley Road,Blackwood Road and Durwood Road;
zoned R-2 and R-4
South —Single family and two-family residences (across Durwood Road);
zoned R-2 and R-4
East —Single family residences;zoned R-2
West —Two-family residences/along north side of Durwood Road);
zoned R-4
A.PUBLIC WORKS COMMENTS:
No Comments.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.Bus Route ¹1 (Pulaski
Heights Route)runs along Dickson Ridge to the north.
C.PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the Height sand Normandy-
Shannon Neighborhood Associations were notified of the public hearing.
July 6,2006
ITEM NO.:4 Cont.FILE NO.:Z-8067
D.LAND USE ELEMENT:
This request is located in the West Little Rock Planning District.The Land
Use Plan shows Single Family for this property.The applicant has
applied for a rezoning of one lot from R-2 Single Family District to R-4
Two Family District.The applicant is just rebuilding a fire-damaged
duplex,so there is really no change in the actual use of this lot.The
proposal does not have a significant impact on the Land Use Plan,which
would necessitate a Plan Amendment.There are existing duplexes in
the immediate vicinity and also scattered throughout the neighborhood.
Master Street Plan:Durwood Road is shown as a Local Street on the
Master Street Plan.These streets may require dedication of right-of-way
and may require street improvements.The primary function of a Local
Street is to provide access to adjacent properties.
on Pine Valley Road.A Class III bikeway is a signed route on a street
shared with traffic.No additional paving or right-of-way is required.Class
III bicycle route signage may be required.
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E.STAFF ANALYSIS:
Betts Real Estate Enterprises,Inc.,owner of the 0.19 acre property
located at 2016 Durwood Road,is requesting to rezone the property from
"R-2"Single Family District to "R-4"Two-Family District.The rezoning is
proposed in order to utilize the existing residential structure as a duplex.
There is currently a one-story residential structure with basement level
located on the property.The structure has previously been used as a
duplex for over 30 years,with one (1)living unit on each level.The
property has had a nonconforming R-4 zoning status based on the past
use.The structure was recently damaged by a fire.Based on the fact
that the structure was damaged beyond 50 percent of the replacement
cost,the nonconforming zoning status was lost.Therefore,the applicant
is required to rezone the property to R-4 in order to continue using it as a
duplex.The owner is currently in the process of repairing the structure.If
the rezoning request is not approved,the structure will be used as a single
family residence.
All surrounding properties contain single family or two-family residences.
There are five (5)duplex structures immediately to the west along the
north side of Durwood Road.There are two (2)duplexes and a single
2
July 6,2006
ITEM NO.:4 Cont.FILE NO.:Z-8067
family structure across Durwood Road to the south.Single family
residences are located to the east.Single family residences are also
located to the north along the south side of Pine Valley Road,with
duplexes further north along Blackwood Road.
The City's Future Land Use Plan designates this property as Single
Family.Based on the past use of the property,the requested R-4 zoning
does not necessitate a change to the Land Use Plan.
Staff is supportive of the requested rezoning.Staff views the request as
reasonable given the surrounding uses and zoning and the past use of the
property.The property immediately west is zoned R-4,as is the lot across
Durwood Road to the southeast and many of the lots to the north along
Blackwood and Durwood Roads.The structure on this property has a
history of being used as a duplex.This duplex has been a part of the
neighborhood for over 30 years.The structure was being used as a
duplex at the time of the recent fire.Staff feels the requested rezoning of
the lot to R-4 is appropriate,and the continued use of the structure as a
duplex will have no adverse impact on the adjacent properties or the
general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
Craig Betts was present,requesting the application.There was one (1)person
present in opposition.Staff presented the item with a recommendation of
approval.
Craig Betts addressed the Commission in support of the application .He
explained that the structure was being built back to the same style as before the
fire.He described other duplexes in the area.He noted that there was a shared
driveway between this property and the property immediately west,by way of an
easement filed in 1955.
Marsha Holder,representing The Kingwood Place/Queen Manor Neighborhood
Association,addressed the Commission in opposition.She explained that there
were existing duplexes in the area,and that her association did not support
additional two-family uses.She noted that the property had been unsightly for
some time.She also noted that the property should have been enforced on for
an illegal duplex use some time ago.
3
July 6,2006
ITEM NO.:4 Cont.FILE NO.:Z-8067
Mr.Betts explained that the structure is being built back to a higher quality than
before the fire.Commissioner Meyer asked if parking would be allowed in the
yard.Mr.Betts noted that the front yard would be sodded after the building
reconstruction is finished and that parking would not be allowed in the yard.Vice-
Chairman Taylor asked Mr.Betts if he would live in one of the units.Mr.Betts
stated that he would not.
The issue of placing a condition on the rezoning regarding no parking in the front
yard was briefly discussed.Staff noted that the applicant could offer the
condition,but that Staff nor the Commission could impose any conditions.
Mr.Betts briefly described the recent fire damage to the structure.There was
additional discussion regarding the parking issue.Mr.Betts stated that he would
offer the condition that there be no parking in the front yard of the property.
There was a motion to approve the R-4 rezoning as amended by the applicant,
including the condition that there be no parking in the front yard of the property.
The motion passed by a vote of 6 ayes,3 nays,and 2 absent.The application
was approved.
4
r
k~V.(-'"-'
JUt'0 ~I"i(&z —g',~(,-g
INGWOOD PLACE/QUEEN MANOR
HOMEOWNER ASSOCIAT!ON
President Vice President Secreta /Treasurer
James 8.Rule Marcia Holder Debbie Wells
218 Kingsrow Drive 224 Kingsrow Drive 205 Kingsrow Drive
Little Rock,AR 72207 Little Rock,AR 72207 Little Rock,AR 72207
1-501-664-1170
/
Dear Little Rock Planning Commission Board,
Our neighborhood Association recently met and discussed the rezoning property located at
2016 Durwood in the Queen Manor Addition from R2 to R4.The association emphatically
rejects this rezoning due to the impact it will have on the neighborhood and desires it to
remain a single family structure.
We cite the following reasons for the property to remain a single family structure.
Increased density of traffic congestion in the area.
Devaluation of single family property values due to absentee and local land lords
who allow their rental properties to deteriorate.
This property was originally constructed as a single family but since has been used
illegally as a duplex and as such shows that the City of Little Rock is unable to
enforce their own codes.
In May of 2006,22 code violation notifications were issued to properties in our area
and no following actions have been taken due to a chronic shortage of man power in
code enforcement.Therefore,many present structures in the neighborhood are not
to code.
The present owner has remodeled the property following it being gutted by a fire
assuming the zoning change would be accomplished.He did not rebuild a staircase
that was originally in the structure.
Finally,just because this property has been used illegally (non-conforming)as a
duplex,should not be a reason to allow this property to be rezoned from R2 to R4.
Consequently,we must insist that the Commission maintain the structure's present
zoning at R2 and deny the illegal continuation of its nonconforming status.Only in
this manner will you support the integrity of our neighborhood and Little Rock's
I,entire zoning syst
James B.Rule,I'resident Marcia T.Holder,Vice-President
July 6,2006
ITEM NO.:5 FILE NO.:Z-8068
Owner:William Seffens
Applicant:Craig Betts
Location:9010 Stagecoach Road
Area:4.45 Acres
Request:Rezone from R-2 to C-3
Purpose:Future Commercial Development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Mixed commercial and residential uses (along south side of
Baseline Road);zoned C-3,C-2 and R-2
South —Single family residences on large lots;zoned R-2
East —Undeveloped property (across Stagecoach Road);zoned C-3
West —Single family residential;zoned PRD
A.PUBLIC WORKS COMMENTS:
1.Stagecoach Road is classified on the Master Street Plan as minor
arterial.A dedication of right-of-way 45 feet from centerline will be
required.
2.The FIRM shows the property within the 100 year floodplain.Future
development of the property must comply the Flood regulations of the
Little Rock Code.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C.PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Otter Creek,Crystal Valley
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
July 6,2006
ITEM NO.:5 Cont.FILE NO.:Z-8068
D.LAND USE ELEMENT:
This request is located in the Otter Creek Planning District.The Land Use
Plan shows Commercial for this property.The applicant has applied for a
rezoning of 4.45 acres from R-2 Single Family District to C-3 General
Commercial District.The request does not require a change to the Land
Use Plan.
Master Street Plan:Stagecoach Road is shown as a Minor Arterial on the
Master Street Plan.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.
Stagecoach Road.A Class II bikeway is located on the street as either a
5'houlder or six foot marked bike lane.Additional paving and right of
way may be required.
Cit Reco nized Nei hborhood Action Plan:The applicant's property lies
in the area covered by the Otter Creek/Crystal Valley Neighborhood
Action Plan.The Office and Commercial Development goal strives to
"promote commercial and office development that meets the needs of
area residents for shopping and services,maintains as much of the
existing topography,trees and green space as possible,and enhances
the primarily residential character of the community."However,the
Neighborhood Action Plan also suggests "limiting commercial and office
development in the "heart"of our planning area to that which primarily
serves the neighborhood (C-1 uses)while attracting enough business
from other areas to be profitable.We define the heart of our area as
roughly located between Crystal Valley Road and Otter Creek Road along
Stagecoach Road and being largely residential.Support other more
intense uses to locate on the peripheral of our study area where interstate
traffic will support their larger markets."
E.STAFF ANALYSIS:
William Seffens,owner of the 4.45 acre property located at 9010
Stagecoach Road,is requesting to rezone the property from "R-2"Single
Family District to "C-3"General Commercial District.The rezoning is
proposed for future commercial development of the property.
The property is currently undeveloped,with the exception of a small
vacant shop building at the southeast corner of the property.The
remainder of the property is mostly wooded.
2
July 6,2006
ITEM NO.:5 Cont.FILE NO.:Z-8068
There is a mixture of commercial and residential uses to the north along
Baseline Road.Single family residences on large lots are located to the
south,with a mixture of residential,office and commercial uses and
zoning further south.Single family residences developed as a "PRD"
Planned Residential Development are located to the west.The C-3 zoned
property across Stagecoach Road to the east is currently undeveloped.
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 request as
reasonable.The rezoning will allow for future commercial redevelopment
of the property.The property immediately to the east (across Stagecoach
Road)was recently rezoned to C-3 for a future commercial development.
Staff feels that the requested rezoning to C-3 is appropriate,and should
have no adverse impact on the adjacent properties or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was approved.
3
July 6,2006
ITEM NO.:6 FILE NO.:G-23-361
Name:Alley Right-of-Way Abandonment
Location:Block 102,Original City of Little Rock (block
bounded by West 2",West 3',Broadway and
Spring Streets)
Owner/A licant:Pulaski County/Randy Hammock
Request:To abandon the north/south 20-foot wide alley
right-of-way (20 feet by 300 feet)located within
Block 102,Original City of Little Rock.
~Pur use:To incorporate the area of abandonment into
the adjacent property to the east and west to
provide a pedestrian walkway for Pulaski
County's administration and court buildings.
STAFF REVIEW:
A.Public Need for this Ri ht-of-Wa
As noted in paragraph G.of this report,all of the public utility companies
consent to the right-of-way abandonment.Two (2)of the utilities request
the area of abandonment be retained as a utility easement.The Public
Works Comment is as follows:
1.Utilities should be maintained within a public easement.
B.Master Street Plan
There are no Master Street Plan issues,as the right-of-way is not
classified as a Collector Street or higher.
C.Characteristics of Ri ht-of-Wa Terrain
The alley right-of-way is currently paved and has served as a through-
access between West 2"and West 3'treets,as well as an access to
the back of (east side)the Pulaski County Administration Building.The
alley right-of-way is currently blocked off in conjunction with a construction
project within the east half of the block.
July 6,2006
ITEM NO.:6 Cont.FILE NO.:G-23-361
D.Develo ment Potential
Once abandoned,the right-of-way area will be incorporated into the
adjacent property,and serve as a pedestrian walkway.
E.Nei hborhood and Land Use Effect
The west half of Block 102,Original City of Little Rock is occupied by the
Pulaski County Administration Building and a small parking lot.The east
half of the block contains an office building and parking lot also owned by
Pulaski County.The surrounding blocks contain a mixture of uses within
the UU (Urban Use)Zoning District.
F.Nei hborhood Position
The Downtown Neighborhood Association was notified of the
abandonment request.As of this writing,staff knows of no objectors to
the abandonment request.
G.Effect on Public Services or Utilities
Wastewater:No objection to abandonment.
Entergy:No objection to abandonment,subject to the following
conditions:
1.Entergy retains its easement and access to repair Entergy facilities.
2.The County is only closing the alley to vehicular traffic and no
permanent structures will be erected within the easement.
3.Entergy may have to tear out the surface material to access/repair
facilities.
4.Entergy will only be required to asphalt those areas affected by
repairs.
CenterPoint Energy:No objection to abandonment.Any cost for
relocating meter will be the responsibility of the owner.
AT8T (SBC):Utility has primary underground distribution facilities
located within this right-of-way.Proposed alley closing to vehicular
access for purposes other than maintenance necessitates is
acceptable.
Central Arkansas Water:Our records do indicate that meters may be
located at the north and south ends of the alley,indicating that there
may be private water lines in the alley area.However,CAW has no
existing or planned facilities located within this right-of-way and has no
objection to closure of this alley to vehicular traffic in this area.
2
July 6,2006
ITEM NO.:6 Cont.FILE NO.:G-23-361
H.Reversiona Ri hts
This alley right-of-way was dedicated with the Original City of Little Rock
subdivision.All reversionary rights will extend to Pulaski County,owner of
all the adjacent property within Block 102,Original City of Little Rock.
I.Public Welfare and Safe Issues
Abandoning this alley right-of-way will have no adverse impact on the
public welfare and safety.The Little Rock Fire Department has no
objection to the abandonment,but notes that access to the parking lots
must be maintained.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
Randy Hamock was present,representing the application.Staff presented the
issue to the Committee.Staff noted that a letter from an abstract company was
needed verifying the abutting ownership.Mr.Hammock explained that the
abandonment was requested in order to use the area as a pedestrian walkway
for access to Pulaski County buildings.The utility and fire department comments
were briefly discussed.
After the discussion,the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 20 foot wide north/south
alley right-of-way located within Block 102,Original City of Little Rock,subject to
the entire area of abandonment being retained as a utility and drainage
easement.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was approved.
3
July 6,2006
ITEM NO.:7 FILE NO.:G-23-362
Name:Marshall Street and Maryland Avenue —Right-
of-Way Abandonment
Location:Marshall Street between West 8 and West
10'treets
Maryland Avenue between Marshall and
Bishop Streets
Owner/A licant:Arkansas Children's Hospital/
Gregory B.Simmons
~Re uest:To abandon a portion of Marshall Street ($0
feet by 660 feet)located between West 8 and
West 10'treets,and a portion of Maryland
Avenue (60 feet by 300 feet)located between
Marshall and Bishop Streets.
~Pur use:To incorporate the area of abandonment into
the adjacent property for use as parking and
access drives for the Arkansas Children'
Hospital development.
STAFF REVIEW:
A.Public Need for this Ri ht-of-Wa
As noted in paragraph G.of this report,all of the public utility companies
consent to the right-of-way abandonment.The utilities request the entire
area of abandonment be retained as a utility easement.The Public
Works comment is as follows:
~Remove parking from Bishop Street from I-630 Frontage (8th Street)to
10 Street;
~Currently,10'treet is substandard and requires improvement to
carry increase in traffic loads.Improve 10'treet from Martin Luther
King to Battery Street to a commercial street standard per the Master
Street Plan,including drainage improvements;
~Assist the City to fund future signalization at 10 Street and Battery
Street and at 10 Street and Martin Luther King when warranted.
Signalization shall occur at the time the intersections meet
signalization warrants as set forth in latest revision to The Manual on
Uniform Traffic Contro/Devices;
~Submit a directional signage plan to Traffic Engineering that directs
motorists south of the campus,to different parts of the campus and to
July 6,2006
ITEM NO.:7 Cont.FILE NO.:G-23-362
the interstate ramps.
B.Master Street Plan
There are no Master Street Plan issues,as the rights-of-way are not
classified as Collector Streets or higher.
C.Characteristics of Ri ht-of-Wa Terrain
Both Marshall Street and Maryland Avenue are paved two-lane rights-of-
way.
D.Develo ment Potential
Once abandoned,the right-of-way areas will be incorporated into the
adjacent properties for future parking and access drives for the Arkansas
Children's Hospital development.
E.Nei hborhood and Land Use Effect
All surrounding properties are part of the Arkansas Children's Hospital
campus.The main hospital building and parking are located on the west
side of Marshall Street.Smaller buildings containing ancillary hospital
uses and parking lots are located east of Marshall Street,and north and
south of the section of Maryland Avenue to be abandoned.
F.Nei hborhood Position
The Downtown and Central High Neighborhood Associations were notified
of the abandonment request.As of this writing,staff knows of no
objectors to the abandonment request.
G.Effect on Public Services or Utilities
Wastewater:No objection to abandonment.Easements must be
retained for existing sewer mains located within the rights-of-way.
Entergy:No objection to abandonment.Retain rights-of-way for
easements.
CenterPoint Energy:No objection to abandonment.Retain rights-of-
way for easements.
AT8T (SBC):No objection to abandonment.Retain rights-of-way for
easements.
Central Arkansas Water:No objection to abandonment,subject to areas
being retained as easements for existing water lines.Central
2
July 6,2006
ITEM NO.:7 Cont.FILE NO.:G-23-362
Arkansas Water has existing water facilities in these rights-of-way that
are important to the supply of water to Arkansas Children's Hospital as
well as major portions of the surrounding area.Replacement of the
existing lines with new lines to provide adequate service and
redundancy would be required.Some additional easements would
probably be required.Hydraulics in the area would have to be studied
and coordinated with proposed construction in the area.If the required
new mains are installed as required by Central Arkansas Water,we
would have no objection to closure and abandonment of easement
rights in this area.
H.Reversiona Ri hts
According to information submitted from an abstract company,Arkansas
Children's Hospital owns all of the properties adjacent to the rights-of-way
to be abandoned.Therefore,all reversionary rights will extend to
Arkansas Children's Hospital.
I.Public Welfare and Safet Issues
Abandoning these rights-of-way will have no adverse impact on the public
welfare and safety.The Little Rock Fire Department notes that fire
department access to the east side of the hospital building must be
maintained.
SUBDIVISION COMMITTEE COMMENT:(J UNE 15,2006)
Greg Simmons and Kent Taylor,were present requesting the application.Staff
presented the item,noting that letters from all utility companies had been
received.The Public Works requirements as noted in paragraph A.of this report
were briefly discussed,including the issue of future signalization in the area.
The issue of access to adjacent parking lots was briefly discussed.Kent Taylor
noted that the area of right-of-way abandonment may be gated or controlled in
some way in the future and explained.
After the discussion,the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of Marshall Street (60 feet by
approximately 660 feet)located between West 8 and West 10'treets,and the
abandonment of Maryland Avenue (60 feet by approximately 300 feet)located
between Marshall and Bishop Streets,subject to the following conditions:
3
July 6,2006
ITEM NO.:7 Cont.FILE NO.:G-23-362
1.The entire areas of abandonment must be retained as utility and drainage
easements.
2.Compliance with the Public Works requirements as noted in paragraph A.of
the staff report.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was approved.
4
July 6,2006
ITEM NO.:8 FILE NO.:Z-3371-Q
NAME:Clear Channel Metroplex Auto Sales—
Conditional Use Permit
LOCATION:10800 Colonel Glenn Road
OWNER/APPLICANT:Clear Channel Broadcasting
PROPOSAL:A conditional use permit is requested to allow auto
sales events on this C-2 zoned 10.6L acre tract.
1.SITE LOCATION:
The property is located on the north side of Colonel Glenn Road;one tract
east of I-430.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the commercial node around the Colonel
Glenn/I-430 interchange.The area is characterized by a variety of
commercial and light industrial uses;including office warehouses,
automobile sales lots and retail commercial.Allowing the use of this
existing parking lot for occasional auto sales events appears to be
compatible with uses and zoning in the area.
All owners of properties located within 200 feet of the site,all residents
within 300 feet who could be identified and the John Barrow
Neighborhood Association were notified of this request.As of this writing,
staff has received no comments on the proposal.
3.ON SITE DRIVES AND PARKING:
The site contains over 600 parking spaces with access off of Colonel
Glenn Road.The building contains several radio and television broadast
studios and offices for support staff.The building also contains a special
event center.The studios use only a small percentage of the parking.
There is sufficient parking on the site to accommodate the auto sales
events as long as there is no overlap between the sales events and use of
the special event center.
4.SCREENING AND BUFFERS:
No Comments.
July 6,2006
ITEM NO.:8 Cont.FILE NO.:Z-3371-Q
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No comments received.
CenterPoint Energy:No comments received.
ATBT (SBC):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.A bus route is
located to the east,at Colonel Glenn and Shackleford.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
The applicant was present.Staff presented the item and noted additional
information was needed.The applicant was asked to provide more specifics on
the car sales events;including the number per year,the length and days of each
event;and the hours of the events.The applicant was advised to locate the area
on the site plan where the sales events are to take place and to provide a
description of the type and location of signage used at these events.
A Committee member noted the site plan did not reflect a satellite dish farm that
took up a portion of the parking lot.Staff stated they would address that issue.
The applicant was advised to respond to staff issues Wednesay,June 21,2006.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The C-2 zoned property at 10800 Colonel Glenn Road is occupied by the large,
Clear Channel Metroplex building and a 600+space parking lot.The building
contains the studios and offices of several radio and television stations and a
special event center.A satellite field and tower are located near the north side of
2
July 6,2006
ITEM NO.:8 Cont.F I L E NO.:Z-3371-Q
the property.The applicant is requesting approval of a conditional use permit to
allow use of a portion of the parking lot for automobile sales events.About ten
(10)car sales events are anticipated each year.Each event is scheduled from
Thursday through Sunday with hours of operation being 9:00 a.m.—9:00 p.m.
Sales tents and portable toilets are placed in the sales area.Signage is
proposed to consist of a single banner advertising the event.The applicant is
also proposing to utilize balloons as sales devices.There is no bill of assurance
issue.
Staff is generally supportive of the applicant's proposal.The proposed auto
sales use is compatible with uses and zoning in the immediate area.The sales
events are to take place in the large parking lot west of the building,leaving the
parking lot south of the building available for the businesses in the building.The
one parking lot is sufficient to accommodate the parking needs of those
businesses.
Staff has two concerns about the proposal.The special event center within the
Metroplex building is occasionally used for events that generate a large volume
of traffic.The parking lot south of the building,on its own,will not be sufficient
for some of these events.The applicant must coordinate use of the event center
so that any uses in it at the same time as a car sales event will not result in a
parking need that exceeds the available parking on the site.
The applicant has proposed the use of balloons on the vehicles as a sales
device.The use of balloons is not permitted as a sales device under the City'
sign code.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow
automobile sales events subject to compliance with the following conditions:
There is to be no more than one sales event per month with days and hours
as proposed by the applicant.
2.Signage is to be as proposed;one banner affixed as required by the City.
3.No balloons are permitted as a sales device.
Use of the event center in the building is to be coordinated with the auto sales
events so that no use occurs at those times which creates a parking need
greater than that which can be served by the parking available on the site.
5.Appropriate permits are to be obtained for the tents and banner.
3
July 6,2006
ITEM NO.:8 Cont.FILE NO.:Z-3371-Q
PLANNING COMMISSION ACTION:(JULY 6,2006)
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 by a vote of 9 ayes,0 noes and 2 absent.
4
July 6,2006
ITEM NO.:9 FILE NO.:Z-4849-B
NAME:Sipes Ministries Day Care and Private School—
Revised Conditional Use Permit
LOCATION:8619-8705-8707 Stanton Road
OWNER/APPLICANT:Edman Sipes/Terry Burress
PROPOSAL:A revision to the approved Conditional Use Permit is
requested to allow for expansion of this existing day
care/private school.The property is zoned R-2.
1.SITE LOCATION:
The site is located on the east side of Stanton Road,500+feet north of
Baseline Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The school has been in operation at this location for 201 years,The
proposal is to replace older buildings now being used with new buildings
and to construct an additional building and parking.The site is located in
an area of mixed zoning and uses and the proposed redevelopment of
this existing use should be compatible with the neighborhood.
All owners of properties located within 200 feet of the site,all residents
within 300 feet who could be identified and the SLWR United for
Progress,Upper Baseline and Windamere Neighborhood Associations
were notified of this request.The Upper Baseline Neighborhood
Association voted to support the proposal.
3.ON SITE DRIVES AND PARKING:
The site currently has several driveways off of Stanton Road which are
used for access to the parking lot and drop-off areas.At least one of
these driveways will be closed with the next building permit.At the end of
Phase III,the site will have a need for approximately 72 parking spaces.
The applicant has proposed 75 spaces plus areas for stacking of vehicles
for drop-off and pickup of children.The applicant is also proposing a
driveway through the site to provide access to Buckingham Place which
would be used in the mornings and late afternoons.
July 6,2006
ITEM NO.:9 Cont.FILE NO.:Z-4849-B
4.SCREENING AND BUFFERS:
Completion of phase one work,issued 06-16-2004.The temporary
certificate of occupancy has expired as well as the bond posted for
incomplete items.Contact Christy Marvel at 371-4864 for details.
Interior islands must be seven and one half foot wide (7'-6")to qualify
towards the City's minimal landscape ordinance requirements.
Eight percent of the paved surface areas should be allocated for green
space within the parking lot.
Curb and gutter or another approved border must be installed to separate
vehicular traffic from the landscaped areas.
A thirty-two foot (32')wide land use buffer is required to separate this
proposed development from the residential property on the northern
perimeter of the site.Seventy percent (70%)of this buffer is to remain
undisturbed.
An average thirty-eight foot (38')wide street buffer is required along the
eastern perimeter of the site.In no case shall this area be less than
nineteen foot (19')wide.Seventy percent (70%)of this buffer is to remain
undisturbed.
A six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall,or dense evergreen plantings,is required along
the northern perimeter of the site.Credit towards fulfilling this requirement
can be given for existing trees and undergrowth that satisfies this year-
around requirement.
5.PUBLIC WORKS COMMENTS:
Stanton Road is classified on the Master Street Plan as a collector
street.A dedication of right-of-way 30 feet from centerline will be
required.
2.Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210.On a collector
standard street,driveways cannot be located within 250 feet of another
driveway.With future building permit issuance,at least one of the
driveways must be eliminated to meet code.
2
July 6,2006
ITEM NO.:9 Cont.FILE NO.:Z-4849-B
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No comments received.
CenterPoint Energy:No comments received.
ATBT (SBC):No comments received.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.Contact Central Arkansas
Water if larger and/or additional water meter(s)are required.
Additional fire hydrant(s)will be required.Contact the Little Rock Fire
Department to obtain information regarding the required placement of
the hydrant(s)and contact Central Arkansas Water regarding
procedures for installation of the hydrant(s).
Fire Department:Install fire hydrants per Code.
County Planning:No Comments.
CATA:The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
Terry Burruss,Architect,was present representing the application.Staff
presented the item and a lengthy list of additional information that was needed to
complete the review.The applicant was advised to respond to staff issues by
June 21,2006.
Staff noted that landscape issues remained from the 2004 Phase I construction.
The applicant stated he would resolve the issue.Additional landscape and
Public Works Comments were presented and discussed.
Staff voiced concern about a proposed driveway to provide access to
Buckingham Place at the rear of the site.Staff suggested removing the driveway
to avoid impacting the residences along Buckingham.
After advising the applicant to respond to staff issues,the Committee forwarded
the item to the full Commission.
3
July 6,2006
ITEM NO.:9 Cont.FILE NO.:Z-4849-B
STAFF ANALYSIS:
Sipes Ministries Day Care and Private School is located on the R-2 zoned
property at 8614-8705-8707 Stanton Road,The school occupies several
buildings on the property.This campus serves children ages 18 months —4
years.A second campus,located a block north of this site,accommodates
children ages 4 through 10 (4 grade).On June 24,2003,the Commission
approved a conditional use permit to allow the phased expansion of this campus
which would ultimately result in the removal of the existing,older building and
construction of three new buildings and new parking.One new building and a
new 33 space parking lot have been constructed.The applicant is requesting a
revision to the C.U.P.to allow for relocation of one of the previously approved
buildings and the construction of additional parking on the site.
Under this revised plan,the existing building and parking is referred to as Phase
Phase II is proposed to be the construction of a 10,875 square foot building
containing 7 classrooms and an auditorium as well as 23 new parking spaces
and additional driveway/dropoff area.The Phase II building is proposed to be on
the northern portion of the site,in the area behind the existing buildings.This
building is to accommodate the children currently at the facility one block to the
north.The applicant desires to consolidate operations on one campus.Phase
III includes an 8,500 square foot classroom building and an additional 19 space
parking lot.This building is to be located near the front of the campus and will
result in the removal of the last of the older buildings.
The proposed new buildings will have an exterior of brick and metal siding with a
metal roof.The minimum roof pitch will be 2/12 with a maximum building height
of 24 feet.The property has two ground-mounted signs located at either end of
the property fronting onto Stanton Road.No changes are proposed in signage.
The existing school now has 107 students with a staff of 25.The Phase II
building will provide space for 7 classrooms (90 students)with 13 additional staff.
The Phase III building will accommodate an additional 60-70 students and 101
employees.The school/daycare is open Monday through Friday,6:30 a.m.—
6:00 p.m.AII site lighting will be shielded downward and into the site.The site is
enclosed by a variety of chainlink and wire fencing ranging in height from 4 feet
to 6 feet.No new fencing is anticipated unless utilized as a screening
requirement.
Staff is supportive of the requested C.U.P.The applicant submitted responses
to issues raised at Subdivision Committee and reflected in the analysis above
Screening and buffers will be provided on the north and east as required.There
is no bill of assurance issue.Staff believes the use is compatible with uses in
the area.
4
July 6,2006
ITEM NO.:9 Cont.FILE NO.:Z-4849-B
There is only one outstanding issue which prohibits staff from recommending full
approval of the item.The applicant has proposed to construct a driveway to
connect to Buckingham Place to the east of the campus.This gated driveway is
proposed to be open during high traffic hours,reducing traffic on Stanton Road.
The hours the gate will be open are likely to be from 7:00 a.m.—9:00 a.m.and4:00 p.m.to 6:00 p.m.Staff cannot support opening a driveway onto what has
been a dead-end residential street.Allowing traffic from Doyle Springs Road toaccesstheCampusthroughthissmallsinglefamilyneighborhoodwouldhavea
negative impact on those residents.All access should continue to be from
Stanton Road.Otherwise,to staff's knowledge,there are no other issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject tocompliancewiththecommentsandconditionsnotedinSections4,5 and 6 oftheagendastaffreport.
Staff recommends denial of the proposed driveway onto Buckingham Place,ontheeastofthecampus.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicant was present.There were no objectors present.Staff informed the
Commission that the applicant had dropped the request to have the driveway
onto Buckingham Place.Staff recommended approval of the item,as amended,
subject to compliance with the conditions outlined in the "Staff recommendation
'bove.There was no further discussion.The item was placed on the consent
agenda and approved as recommended by staff by a vote of 9 ayes,0 noes and
2 absent.
5
July 6,2006
ITEM NO.:10 FILE NO.:Z-5430-A
NAME:Westside YMCA Soccer Fields —Conditional Use
Permit
LOCATION:401 John Barrow Road
OWNER/APPLICANT:LRSD/Westside YMCA
PROPOSAL:A conditional use permit is requested to allow for
lighting of three of the existing soccer fields on this
R-2 zoned LRSD campus.
1.SITE LOCATION:
The soccer fields are located on the Henderson School Campus which is
located on the east side of John Barrow Road,south of West Markham
Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The soccer fields and school campus are existing and no change is
proposed to their configuration.The lighting is proposed for practice times
only and will be cut off no later than 9:00 p.m.The lighting is to be
designed to shine down onto the fields,not onto adjacent or nearby
properties.Staff believes the proposal is compatible with the
neighborhood.
All owners of properties located within 200 feet of the soccer fields,all
residents within 300 feet who could be identified and the Briarwood and
Pennbrook/Cloverhill Neighborhood Associations were notified of this
request.It is staff's understanding that the Associations support the
proposal.
3.ON SITE DRIVES AND PARKING:
No changes are proposed to the existing parking lot and driveways and no
new soccer fields are being proposed.
4.SCREENING AND BUFFERS:
No comments on this issue.
July 6,2006
ITEM NO.:10 Cont.FILE NO.:Z-5430-A
5.PUBLIC WORKS COMMENTS:
1.The positioning of the western light pointing south could create a
distraction for drivers on John Barrow Road southbound.If this is
found to be the case,the lighting will have to be eliminated or adjusted
to alleviate the problem.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No comments received.
CenterPoint Energy:No comments received.
ATBT (SBC):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.A bus route is
located north of the site,along W.Markham Street.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
The applicant was present.Staff presented the item and noted there was little
additional information needed.Staff asked what months the fields were in use.
The applicant responded that they were used all year.In response to a question
from staff,the applicant responded that a representative of the YMCA would be
responsible to assure that the lighting was turned off at 9:00 p.m.
Public Works Staff noted that the positioning of the Western Light could create a
distraction for drivers southbound on John Barrow Road.Staff stated the issue
would be monitored and if the lighting was a problem,it would have to be
adjusted or removed.The applicant agreed.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
2
July 6,2006
ITEM NO.:10 Cont.FILE NO.:Z-5430-A
STAFF ANALYSIS:
The R-2 zoned property located at 401 John Barrow Road is occupied by
Henderson Middle School.The Henderson Soccer Complex is located on the
north end of the school campus.The soccer fields are maintained by the
Westside YMCA to facilitate the organization's Youth Soccer Program.
The Westside YMCA Is requesting approval of a C.U.P.to allow for lighting of
three of the soccer fields to allow extended practice times.Lighting is proposed
to consist of a single pole with lights on either side to light fields 5 and 6 and two
poles with lights aimed onto field 4.The lighting would not be sufficient to allow
games but will adequate to allow practice times up to 9:00 each evening.The
lights will be turned on early evening and turned off no later than 9:00 p.m.Key
volunteers and staff only will have access to the lights which will be controlled by
a locked control box.The applicant has submitted a lighting plan showing how
the lighting will be directed onto each field.The lights will be mounted onto 50
foot tall poles.
Staff is supportive of the request.Allowing the lights,with the time limit proposed
by the applicant,should have minimal effect on nearby properties.Once the
lights are in place,any that are determined to create a distraction for motorists
on John Barrow Road will need to be redirected or removed,as determined by
the Public Works Department.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P.subject to compliance with the
following condition:
1.Any lights which are determined to create a distraction for motorists on John
Barrow Road must be redirected or removed as determined by Public Works.
PLANNING COMMISSION ACTION:(JULY 6,2006)
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 by a vote of 9 ayes,0 noes and 2 absent.
3
July 6,2006
ITEM NO.:11 FILE NO.:Z-5668-F
NAME:Avis Car Rental —Conditional Use Permit
LOCATION:12600 Chenal Parkway
OWNER/APPLICANT:Sears Roebuck and Co./Avis Rent A Car
PROPOSAL:A conditional use permit is requested to allow a car
rental agency to operate on this C-3 zoned site in
conjunction with the existing tire and auto repair
business.
1.SITE LOCATION:
The site is located at the northwest corner of the intersection of Chenal
Parkway and West Markham Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located at an intensely developed,commercial intersection.
Uses in the immediate vicinity include a horne center,big box retail,
automobile sales and shopping center commercial.The proposal to use
seven parking spaces on this existing tire and auto center site for parking
of rental cars is compatible with uses and zoning 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 Gibralter
Heights/Point West and Parkway Place Neighborhood Associations were
notified of this request.As of this writing,staff has received no
comments.
3.ON SITE DRIVES AND PARKING:
All driveways and parking are existing.No changes are proposed.The
site has one access point onto Chenal Parkway and two access points
from an internal driveway.The site has 49 parking spaces,7 of which will
be used by the car rental agency.The existing,12,200+square foot auto
center requires 53 parking spaces.Additional parking is provided by the
service bays in the building.
4.SCREENING AND BUFFERS:
No Comments.
July 6,2006
ITEM NO.:11 Cont.FILE NO.:Z-5668-F
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No comments received.
CenterPoint Energy:No comments received.
ATBT (SBC):No comments received.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.
Fire Department:Approved as submitted.
County Planning:No Comments.
CATA:The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
The applicant was present.Staff presented the item and noted there was little
additional information needed.Staff asked the applicant to provide days and
hours of operation and the number of employees.In response to a question
from staff,the applicant located the seven spaces on the site to be used for
parking the rental cars.Staff suggested eliminating the proposed pole-type stall
markers and using pavement marking instead.The applicant agreed to remove
the pole-type markers and stated he would use no other type of stall markers.
The applicant was advised to respond to staff issues by June 21,2006.The
Committee determined there were no other issues and forwarded the item to the
full Commission.
STAFF ANALYSIS:
The C-3 zoned property located at 12,600 Chenal Parkway is occupied by the
Sears Auto Center.Avis Rent A Car proposes to operate a car rental location
within the auto center.Avis will place a rental counter inside the customer lobby
and rental transactions will be conducted there.Up to seven Avis vehicles will be
parked in spaces on the existing parking lot.The seven designated spaces are
2
July 6,2006
ITEM NO.:11 Cont.FILE NO.:Z-5668-F
on the West Markham Street side of the building.Any vehicle prep will be
conducted wholly within the auto center bays.
Staff is supportive of the requested C.U.P.The applicant has submitted
responses to issues raised at Subdivision Committee.The car rental agency will
operate 7:30 a.m.—6:00 p.rn.,Monday through Friday;8:00 a.m.—3:00 p.m.,
Saturday;and 9:00 a.m.—1:00 p.m.,Sunday.There will be 2 employees on
site.Signage will consist solely of two small wall signs on the building facade
facing the street.To staff's knowledge,there are no outstanding issues.The
proposed use should be compatible with uses in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit,as filed.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
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 by a vote of 9ayes,0 noes and 2 absent.
3
July 6,2006
ITEM NO.:12 FILE NO.:Z-8061
NAME:Reddig Accessory Dwelling —Conditional Use Permit
LOCATION:1301 C urnbe rla nd Street
OWNER/APPLICANT:Karen Reddig
PROPOSAL:A conditional use permit is requested to allow an
accessory dwelling on this R-4A zoned lot.
1.SITE LOCATION:
The property is located on the southeast corner of East 13 Street and
Cumberland Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that contains a variety of uses;both
residential and nonresidential.The properties in this block of Cumberland
are occupied by single family residences,duplexes and multifamily.The
structure adjacent to the south is a fourplex.Within the broader area,
there are office uses,a nursing home,vacant lots and additional
multifamily.The proposed accessory dwelling is compatible with uses in
the area.The Little Rock Historic District Commission has approved the
structure.
AII owners of properties located within 200 feet of the site,all residents
within 300 feet who could be identified and the MacArthur Park and
Downtown Neighborhood Associations were notified of this request.As of
this writing,staff has received no comments.
3.ON SITE DRIVES AND PARKING:
The principal dwelling and accessory dwelling each require one on-site
parking space.A two car garage is located on the ground level of the
accessory dwelling with access off of the alley.
4.SCREENING AND BUFFERS:
No Comments.
July 6,2006
ITEM NO.:12 Cont.FILE NO.:Z-806'1
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No comments received.
CenterPoint Energy:No comments received.
ATBT (SBC):No comments received.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.If this is two parcels,a water main extension
will be required to serve the rear lot.
Fire Department:Approved as submitted.
County Planning:No Comments.
CATA:A CATA bus route is located one block southeast of this site,at
Rock and 14'treet.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
The applicants were not present.Staff presented the item and noted little
additional information was needed.In response to questions from staff,the
applicants stated separate utilities were not requested,the accessory dwelling
would be occupied by family and guests and it would not be rented.
Staff noted the requested fence height and street side yard setback variances.
Staff also noted any approval would also require compliance with conditions of
the Little Rock Historic District Commission.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-4A zoned property located at 1301 Cumberland is occupied by a one-
story,brick and frame single family residence and a two-story accessory
structure.The ground floor of the accessory structure contains a two-car garage
2
July 6,2006
ITEM NO.:12 Cont.FILE NO.:Z-8061
and storage.The applicant is requesting approval of a conditional use permit to
allow the second floor of the structure to be used as an accessory dwelling.The
accessory dwelling be used for guests and family members.No separate utilities
are requested.The accessory dwelling will not be rented.Variances are
requested to allow a reduced street side yard setback and to allow an increased
fence/wall height.On May 8,2006,the Little Rock Historic District Commission
approved the structure subject to compliance with various conditions related to
design elements.
Staff is supportive of the applicant's proposal.The proposed accessory dwelling
is to be used as a guest house and is not to be rented.Utilities are not to be
separated.The structure is not out of character with the mixed residential nature
of this neighborhood.
The structure does have a 5-foot street side yard setback;less than the 15 feet
required by the code.The 5-foot setback meets the ordinance requirement for
principal structures on this lot and the structure does line up with the home.
Access to the garage is from the alley;not directly from the street so there are no
traffic/sight distance problems.A split face block wall encloses the rear yard,
creating an enclosed courtyard.The wall on the north side of the property
ranges in height from 7'6"on the east end to 6'2"on the west end with a height
of 9'6"over a doorway.Most of this wall is within the allowable setback so only a
small area at the east end requires a variance for increased wall height.The
wall is setback 5 feet from the East 13 'treet property line and creates no sight
distance problem.The property across 13 'treet to the north is AHTD right-of-
way.The wall does not impact other properties.The wall on the south side of
the property ranges in height from 6'10"on the east end to 6'2"on the west end;
slightly taller than the allowable height of 6 feet.This is a relatively minor
variance which appears not to impact other properties.
To staff's knowledge,there are no outstanding issues.Approval of the C.U.P.
will be conditioned upon compliance with the conditions of the Little Rock Historic
District Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow the
accessory dwelling subject to compliance with the following conditions:
1.The accessory dwelling is to be occupied by guests and family members of
the property owners.
2.The property owners must occupy the principal dwelling on the site.
3.The accessory dwelling is not to be rented.
3
July 6,2006
ITEM NO.:12 Cont.FILE NO.:Z-8061
4.Compliance with the conditions of the Little Rock Historic District Commission
approval.
Staff recommends approval of the requested street side yard setback and
fence/wall height variances.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
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 by a vote of 9 ayes,0 noes and 2 absent.
4
July 6,2006
ITEM NO.:13 FILE NO.:Z-8066
NAME:Little Maurnelle Wastewater Treatment Plant—
Conditional Use Permit
LOCATION:700 feet south of the intersection of East Pinnacle
and Krone
OWNER/APPLICANT:City of Little Rock/CDM
PROPOSAL:A conditional use permit is requested to allow for
construction of a wastewater treatment plant on this
undeveloped,19+acre,R-2 zoned tract.
1.SITE LOCATION:
The site is located adjacent to the northern city limits;approximately 700
feet south of the intersection of East Pinnacle and Krone.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within an area that is primarily undeveloped and
heavily wooded.Properties for several hundred feet in all directions are
zoned R-2 and are undeveloped and wooded other than for an Entergy
transmission right-of-way that bisects this site.The transmission right-of-
way has been cleared.An area of single family residences on larger
tracts is located to the northwest of the site.The nearest residential
property is approximately 260 feet west of the northwest corner of the
proposed treatment plant site.Taking into consideration the design
proposed by the applicant and the commitment to maintain buffering,staff
believes the proposed use could be compatible with the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the following neighborhood
associations were notified:DuQuesne Place,Aberdeen Court,Maywood
Manor,Chevaux Court,Bayonne Place,Johnson Ranch,Margeaux Place
and the Coalition of West Little Rock Neighborhoods.As of this writing,
staff has received no comment.
3.ON SITE DRIVES AND PARKING:
Access to the site will be off of a driveway from a new collector street that
is being constructed from Chenal Parkway to Cantrell Road.A paved
driveway and parking will be constructed on the site.The number of
parking spaces will be sufficient to accommodate the personnel working at
the site.
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
4.SCREENING AND BUFFERS:
Site plan must comply with the City's minimal landscape and buffer
ordinance requirements.
In conjunction with the proposed parking areas additional interior and
building landscaping will be required prior to the issuance of a building
permit.
An automatic irrigation system to water landscaped areas will be required.
Prior to the issuance of a building permit,it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site.Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving trees
of six (6)inch caliper or larger.
Areas indicated as buffers are to be protected by orange contractor's
fencing.Placement of the fencing is to be confirmed by staff prior to site
work commencing.
Areas indicated for development of future phases and elements are to be
left undisturbed and protected.
5.PUBLIC WORKS COMMENTS:
1.The western leg of Northwest Territory Parkway should be constructed
per the Master Street Plan to a collector standard with 60 feet of right-
of-way and 36 feet of street from back of curb to back curb and a 8
foot asphalt paved pedestrian walk-way instead of a 5 foot sidewalk
along the northern right-of-way line.Public Works detail PW-23
should be used as the typical section.
2.A turn around should be provided at security gate for WB-60 vehicles.
3.On the preliminary plat,a round-a-bout is shown to be constructed on
Northwest Territory Parkway at the wastewater treatment plant drive.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Issue submitted by Little Rock Wastewater Utility,no
comment required.
Entergy:No comments received.
2
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
CenterPoint Energy:No comments received.
AT8T (SBC):No comments received.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.A Capital Investment Charge
based on the size of the meter connection(s)will apply to this project in
addition to normal charges.This fee will apply to all meter connections
including any metered connections off the private fire system.A 12-
inch water main extension will be required in order to provide service
to this property.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.
This development will have minor impact on the existing water
distribution system.Proposed water facilities will be sized to provide
adequate pressure and fire protection.
Fire Department:Approval as submitted.
County Planning:No Comments.
CATA:The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT:(JUNE 15,2006)
The applicants were present.Staff presented the item and noted there was
additional information needed to complete the analysis.Staff asked the
applicant to provide information of fence design,signage,pavement materials,
driveway and parking stall dimensions and roof materials.Staff asked for
information on the designated contractor's storage area and the proposed
generator.The applicant was asked to locate any dumpsters,with appropriate
screening.
3
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
Public Works and Landscape Comments were presented and discussed.The
majority of the discussion centered on the issue of street design and turn-
arounds at the gates.The applicant was instructed to work with staff to address
the issues.
Comments from other reviewing agencies were presented.
The applicant was instructed to respond to staff issues by June 21,2006.The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Little Rock Wastewater Utility is requesting approval of a conditional use permit
to allow for construction of a wastewater treatment facility on this R-2 zoned,
undeveloped,19.14 acre tract.The property is located just inside the northern
city limits,approximately 700 feet south of the intersection of East Pinnacle Road
and Krone.A 208 foot wide AP8L (Entergy)right-of-way bisects the tract.The
remainder of the site is heavily wooded.The AP8 L right-of-way encompasses
3.86 acres of the tract.The treatment facility is proposed to be built on the 11.03
acres west of the AP8 L right-of-way.A portion of the 4.25 acres,east of the
AP8 L right-of-way is to be used as storage area for the contractor constructing
the facility.That area will then become the designated stormwater detention
area.Access to the site will be from a driveway off of Northwest Territory
Parkway;a new collector street extending from Chenal Parkway to Cantrell
Road.
This project is an integral component of a Consent Administrative Order (CAO)
with the Arkansas Department of Environmental Quailty (ADEQ).The CAO,in
part,requires adherence to the Sierra Club Settlement Agreement,which
references the above project identified,with construction time period stipulations.
The initial construction of the facility will treat an average capacity of four (4)
million gallons of wastewater per day with a peak daily capacity of fourteen (14)
million gallons.Wastewater will be received via the Little Maumelle Pump
Station.Treated wastewater will be discharged to the Arkansas River via an
appropriate NPDES permit administered by ADEQ.
Three full-time personnel are currently planned for the facility for 8-hour per day
40 hour work shift for normal operations.The facility will be remote monitored
through the evening and on weekends with maintenance and operation staff
mobilized as needed.
The campus will consist of several buildings for wastewater treatment,
operations,and maintenance of the facility.Each building will be constructed of
load bearing concrete block walls.The facades of the buildings will be split face
4
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
concrete block with an integral color.Smooth faced and center score concrete
block will be integrated into the facades to add interest.The roof system will be
a metal frame with purlins and a standing seam metal roof with a slope of 6:12 or
greater.Outlined below are the structure uses and a brief description.Please
reference the site plan for building numbers and dimensions.
1.0 erations/Maintenance:This facility will be utilizied by personnel for
facility operations and maintenance.
2.Blower/Generator:This facility will house the blowers necessary to force
air needed for wastewater treatment.The generator will utilize diesel fuel
and provide redundant power for the facility.This building will incorporate
sound attenuation measures.
3.Headworks:The facility will provide preliminary treatment of the
wastewater for the facility where screens and grit removal equipment will
be housed.Screenings and grit will be stored inside the building.This
building will be treated for odor emitting gases.
Aeration Basin:This structure provides basins where diffused air is
introduced for the wastewater treatment process.The structure will not be
fully enclosed.The basins will be covered with a pre-cast concrete "T"
structure with a membrane drainage system and soil to support
vegetation.
5.Clarifiers:This structure separates suspended solids in the wastewater
treatment process.The structure will not be fully enclosed.The basins
will be covered with a pre-cast concrete "T"structure with a membrane
drainage system and soil to support vegetation.
6.UV Disinfection:This building will provide ultra-violet disinfection
equipment for the wastewater treatment process.
'R'"':
wastewater treatment process.
i gi
wastewater treatment process.Two methods of sludge disposal will be
provided for the facility within this building.Sludge disposal via tanker
trucks will require 6 loads per week at facility start up and 14 loads per
week at facility capacity.Sludge disposal via dump trucks utilizing
dewatering equipment will require 4 loads per week at facility start up and
8 loads per week at facility capacity.This building will have the capability
to house a tanker truck and/or dump truck within the building during the
loading process.This building will be treated for odor emitting gases.
5
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
9.Aeration Odor Control:This building will provide odor control equipment
for the aeration basins which require odor emitting gas capture and
treatment.
Landscaping on the site will be in accordance to Chapter 15,Article IV of the
City of Little Rock's Municipal Code.A minimum 50 foot buffer will be
maintained from the structures and buildings to the property line around the
entire perimeter.The existing vegetation in the buffer zone,as well as,future
building areas will be undisturbed to the maximum extent practical.Areas
that must be disturbed during construction will be re-established.
On June 21,2006,the applicants responded to issues raised at Subdivision
Committee.The entire 19.14 acre site will be enclosed by an 8-foot tall,
color-vinyl coated metal chain link fence.The undisturbed buffer areas have
been labeled on the site plan and will be protected by orange contractor's
fencing prior to any site work.Signage will consist of a single monument-
style ground sign at the entrance to the facility.The sign will be 4 feet in
height and 40 square feet in area.Driveway widths and parking stall
dimensions have been shown to comply with ordinance design standards.
The driveways and parking areas will be paved either with asphalt or
concrete.There will be no exterior dumpster on the site.The metal roofs for
the buildings will be a colored,non-reflective,24 gauge standing seam metal
roof system with concealed fasteners.The finish on the roof panels will be a
"Kynar 500"that carries a 20 year warranty against cracking,bubbling or
pealing.The generator will be exercised once a week for 30 minutes.The
generator will be housed inside the blower/generator building where sound
attenuation panels will mitigate excessive noise.All future building areas will
be left undisturbed to the maximum extent practicable.On-site lighting shall
be in compliance with "dark sky"guidelines.However,sufficient lighting shall
be used for OSHA standards as needed for maintenance needs.Appropriate
cul-de-sacs or turnarounds will be provided at the gates.
Staff is supportive of the requested C.U.P.The applicant has addressed
issues raised by staff regarding the requested C.U.P.There is no bill of
assurance for this unplatted acreage tract.
The following public meeting schedule has been conducted with adjoining
property owners and concerned citizens regarding this project.
February 21,2006 —Field Visit to Facility Property
March 13,2006 —Wastewater Treatment Process Workshop
March 21,2006 —Odor Control Workshop
April 4,2006 —Noise,Lighting,Aesthetic Control Workshop
April 10,2006 —Trip to Vancouver,Washington
May 11,2006 —Aesthetic and Site Plan Workshop
6
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit as proposed
by the applicant and outlined in the staff analysis subject to compliance with the
comments and conditions outlined in Sections 4,5 and 6 of the agenda staff
report.
PLANNING COMMISSION ACTION:(J ULY 6,2006)
The applicants were present.There were four (4)registered objectors present.
One (1)e-mail of opposition had been sent to the Commissioners by one (1)of
the objectors.Staff presented the item and a recommendation of approval,
subject to compliance with the conditions outlined in the "staff recommendation"
above.Commissioner Langlais recused on the item.
Hal Anderson,engineer with Little Rock Wastewater Utility (LRWU),addressed
the Commission.He made a power-point presentation in which he explained the
need for the facility and the history of public meetings and workshops leading up
to the Commission hearing.He stated the plan before the Commission had been
recommended for approval by staff and approved by the Sanitary Sewer
Committee.
Tom Adams,project architect,continued the presentation by discussing the
visual quality of the development.He showed sketches of the development plan,
elevations and sight-lines.
Hall Anderson continued by discussing what he referred to as the "Three S's";
sight,sound and smell.He spoke of the campus-like setting,the noise
attenuation measures and the odor control measures.Mr.Anderson stated
changes were made to the site plan to try to address issues,which had been
raised by concerned parties.
In response to a question from Commissioner Adcock,John Jarratt,Director of
Administration and Community Relations with LRWU,stated the Sierra Club had
been involved in the site selection process and had been made aware of all
meetings and workshops.
Mary Dornhoffer,of 6916 Westridge Rd.,spoke in opposition.She stated she
was opposed to the treatment process chosen by LRWU for the facility.She
presented a petition containing signatures of persons opposed to the facility.
(staff did not receive a copy of the petition)Ms.Dornhoffer presented a cost
analysis in which she stated a membrane system was less expensive than the
proposed step system.
7
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
Phyllis Storthz,of 5201 Sherwood Rd.,spoke in opposition.She also stated she
was opposed to the proposed treatment method.
Larry Storthz,of 900 N.University Ave.,also spoke of his opposition to the
treatment method.
Hal Kemp,attorney representing the owner of Highway 10 LLC,the seller of the
land to the LRWU,addressed the Commission.He presented a document titled
'List of Surviving Agreements"in reference to the sale agreement between the
parties.He asked that the conditions outlined in that document be made a part of
the conditional use permit.Mr.Kemp also asked that staff clarify that the current
CUP application did not allow for the later addition of an equalization basin on
the site without Planning Commission approval.Director of Planning and
Development Tony Bozynski responded that Mr.Kemp was correct,that the
CUP site plan was specific and did not include an equalization basin.In
response to questions from Mr.Kemp,Mr.Bozynski stated there were no tertiary
or treatment basins on the site and the planning director could not
administratively approve such additions to the approved site plan.Mr.Kemp
stated his client was also opposed to the proposed treatment method.
Commissioner Yates asked Mr.Kemp why his client wanted the surviving
agreements made part of the CUP.Mr.Kemp responded that the agreements
contained requirements that were specific to site development.
Commissioner Yates asked Deputy City Attorney Cindy Dawson if it was
appropriate for the Commission to take such action.Ms.Dawson responded that
it was.
Commissioner Meyer noted one statement in the surviving agreements was that
all buildings would be fully enclosed.He asked if that also referred to the
aeration facilities since they were not proposed to be fully enclosed.Mr.Kemp
responded that he understood the aeration facilities were covered but not
completely enclosed and the statement did not apply to them.
Hal Anderson addressed the Commission and spoke of the advances,which had
been made in the step treatment process.He stated the proposed site plan
incorporated the elements outlined in the surviving agreements and the Lltility
had no problem accepting the agreements as conditions.He stated there was a
misconception about the facility's capacity.He stated,at full build out in about
twenty years,the facility would have a capacity of 4 mgd and the initial capacity
would be 1.5 mgd.
Commissioner Adcock asked why the Utility did not choose the membrane
system.Mr.Anderson responded that the Utility's staff and consultants had
studied the various types of systems and had determined that the step feed
process was best.He stated the Sanitary Sewer Committee agreed and chose
8
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
the step feed system.Mr.Anderson stated there had been advances in the step
feed process.
Deputy City Attorney Cindy Dawson interjected and reminded the Commission of
the standard for reviewing a proposed conditional use permit as outlined in the
Code.
In response to a question from Commissioner Adcock,Mr.Anderson stated the
initial cost to build a membrane system was about $5,000,000,00 more than a
step feed system and the annual operating costs were about $200,000.00 more.
In response to a question from Commissioner Meyer,Ms.Dawson stated the
Sanitary Sewer Committee was the appropriate body to review the issue of
treatment process.
In response to a question from Commissioner Yates,John Jarratt stated the
utility had met with Bill Davies,Director of State Parks,and Mr.Davies had no
problem with the proposal.
At the request of Chairman Stebbins,Mr.Anderson confirmed that the terms of
the surviving agreements were to be incorporated as conditions of the CUP.
Commissioner Taylor commented that the technology for the step feed process
has improved and does work.He stated he would prefer to see the membrane
system used.
Hal Anderson stated a group of nearby property owners and interested parties
had been taken to visit a plant in Vancouver,which utilized the step feed
process.He stated there was no noise or odor discernable outside the facility.
Commissioner Adcock read from an e-mail,which had been sent by Ms.
Dornhoffer in which she contended that construction and operation of a
membrane system was actually less than a step feed system.Mr.Anderson
responded that the Utility's analysis and study did not support that contention.
Commissioner Yates asked if the Sanitary Sewer Committee had heard all this
information and voted unanimously to support the step feed process.Mr.
Anderson responded affirmatively.
Commissioner Yates asked if the Sanitary Sewer Committee had been involved
in the process since the beginning.Again,Mr.Anderson responded affirmatively.
At the request of Commissioner Williams,Tony Bozynski explained why staff
was recommending approval.
A motion was made to approve the application as amended,including all staff
9
July 6,2006
ITEM NO.:13 Cont.FILE NO.:Z-8066
comments and conditions.The motion was seconded and approved by a vote of
7 ayes,0 noes,2 absent,1 abstaining (Adcock)and 1 recusal (Langlais).The
motion was approved.
10
July 6,2006
ITEM NO.:14 FILE NO.:G-25-195
Name:Word of Outreach Proposed Street Name
Changes
Location:Various Streets in the vicinity of Asher Avenue
at Martin and Brown Streets
~Re uest:
1.Brown Street between Asher Avenue and Roosevelt Road to be renamed
"Bishop R.E.Smith,Sr.Avenue."
2.Martin Street between West 24 and West 26 Streets to be renamed "One
New Man Street".
3.West 24'treet between Martin and Brown Streets to be renamed "New
Man Lane".
4.West 26 Street between Martin and Brown Streets to be renamed
"Overcomers Lane".
STAFF REPORT:
In response to concerns raised by staff regarding the proposed street names.
The applicant was advised to defer this request.The applicant is to meet with
staff for further discussion.Staff recommends deferring the item to the
August 17,2006 Agenda.
PLANNING COMMISSION ACTION:(JULY 6,2006)
The applicants were not present.There were no registered objectors present.
Staff informed the Commission that the item needed to be deferred to allow for
further review of the proposed name changes.There was no further discussion
The item was placed on the consent agenda and approved for deferral to the
August 17,2006 agenda by a vote of 9 ayes,0 noes and 2 absent.
July 6,2006
ITEM NO.:15 FILE NO.:LA-0009
NAME:Mahmoud —Timber Harvest Variance Request
LOCATION:David O.Dodd Rd south of Kenwood Subd.
APPLICANT:Maurice Mahmoud
ENGINEER:Cormier Forestry Service
AREA:Approximately 74 acres
CURRENT ZONING:R2
VARIANCES/WAIVERS REQUESTED:A variance from the Land Alteration
Regulations to harvest timber with construction not being imminent.
A.PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest timber on the property with construction not being imminent.The
approximate 74 acre property is located on the south side of David O.Dodd
Road across from Kenwood Subdivision.The timber harvest plan states the
objective of this plan is to strategically remove pine saw timber products and
hardwood saw timber products,excluding those trees which must be left along
streamside management zones and in buffer strips along the property lines as
required by the City of Little Rock,while maintaining and enhancing the overall
landscape.The ultimate goal is to create an aesthetically pleasing setting for
future development.
B.EXISTING CONDITIONS:
This approximate 74 acre tree covered R2 zoned property is tract land.McHenry
Creek runs through the northern portion of the property.The Master Street Plan
shows a proposed minor arterial street to be located near the western property
line off David O.Dodd Road.Tree covered,undeveloped R2 zoned property is
located on the westside,southside,and portion of the eastside of the property.
On a portion of the eastside north of the creek is an approximately 6 acre
property with a single family residence.The developing Kenwood Subdivision is
zoned R2 and is located across David O.Dodd Road on the north.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has received several phone calls requesting additional
information.No letters or phone calls have been received expressing opposition.
JUIY 6,2006
ITEM NO.:15 Cont.FILE NO.:LA-0009
D.ENGINEERING COMMENTS:
1.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 plan showing buffer
area.
2.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 0 of trees on site by variety and size;describe
activities to be conducted on site;and schedule to perform work.
3.Per Sec.29-187(e)(2),clear cutting or total harvest shall not be allowed.
4.Harvest activities must comply with state and federal forestry harvest
techniques and code.Damage to offsite property must be repaired by the
applicant in a timely manner.
5.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.
6.A grading permit in accordance with section 29-186 (c)8 (d)will be required
prior to any land clearing or grading activities at the site.Site grading,and
drainage plans will need to be submitted and approved prior to the start of
construction.
7.Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
8.Erosion controls must be installed to reduce discharge of polluted stormwater.
E.SUBDIVISION COMMITTEE COMMENTS:(June 15,2006)
The applicant was present.Staff stated the comments as written above.The
applicant's representatives,Kent Cormier and Amy Sinks of Cormier Forestry,
stated the timber harvest will comply with Little Rock code,staff
recommendations,and comments.Mr.Cormier also stated he expected the
timber harvest to be conducted in October or November of 2006.
There was no further discussion of the item.The Committee then forwarded the
item to the full Commission for final action.
F.ANALYS I S:
The Land Alteration Regulations specifically state it to be unlawful to harvest
timber on property which is not exempt by zoning,size,and construction is not
imminent.The regulations go further though and allow the applicant to request a
2
July 6,2006
ITEM NO.:15 Cont.FILE NO.:LA-0009
variance from the Planning Commission for timber harvests other than clear
cutting or total harvests.
The Timber Harvest Plan ("the plan")shows the approximate 74 acre tract of
land contains 6,750 trees or an average of 91 trees per acre.The plan shows
the property contains approximately 2,165 pine trees and 4,585 hardwood trees.
The plan targets the removal of approximately 1,157 trees or approximately 16
trees per acre,leaving an average of 75 trees per acre.These projections equal
a harvest of about 17%of the trees.
The plan shows a 50 foot undisturbed buffer to remain along the property
boundaries except for the access point on David O.Dodd Road.Also,25 foot
undisturbed buffers measured from the top of the creek bank will remain along
both sides of McHenry creek.A single access location will be taken from David
O.Dodd Road.A temporary pipe culvert will be installed in the ditch with a 50
foot rock tracking pad installed to comply with all city,county or state regulations.
Silt fence will be installed along a portion of the western property line,along the
entire northern property line and along the eastern property line to just south of
the floodplain boundary of the creek.Two (2)loading zones will be located
within the property.One (1)loading zone is on the north side of the creek and
other on the south side of the creek.The plan states all waste materials from the
harvest will be burned on site.
The applicant has agreed to comply with Little Rock Code and all Public Works
recommendations and comments.All tree tops and debris generated from the
harvest will be removed per LRFD requirements and vegetation will be
established on disturbed areas within 21 days of completion of the harvest
activities.All erosion controls and tracking pads will be installed prior to
beginning activities.A grading permit application will submitted by the applicant
to Public Works for issuance of a grading permit prior to beginning the harvest.
Approximately 63 certified mail receipts have been provided to staff notifying
adjacent property owners.At the time of writing,staff has received several
phone calls requesting information but no verbal or written comments in support
or opposition to the request have been received.
G.STAFF RECOMMENDATION:
The plan shows about 17%of the trees to be harvested.A similar variance was
granted in January,2005 for harvesting approximately 20%of the timber on an
80 acre property just west of Sibley Hole Road between Baseline Road and
Interstate 30.Based on the amount of timber to be harvested,the proposed
undisturbed buffers,and no opposition from adjacent property owners,staff
recommends approval of the request subject to staff comments and
recommendations.
3
July 6,2006
ITEM NO.:15 Cont.FILE NO.:LA-0009
PLANNING COMMISSION:(July 6,2006)
Mr.Kent Cormier was present representing the applicant.Mr.Cormier stated the trees
will be harvested by removing all limbs in a central location.The limbs and debris will
be collected and removed from the site at completion.Mr.Doug Meyer spoke in
opposition to the variance.He stated the land alteration regulations specifically state
this activity is not permissible.Mr.Meyer was concerned about the increase of
stormwater runoff and effects of the activity on water quality in McHenry Creek.In reply
to the concerns,Mr.Cormier stated silt fence would be installed and buffers will be
undisturbed along the creek bank for streamside management to control sediment
entering the creek.The Planning Commission took a vote and approved the variance
request by a vote of 7 ayes,2 nays,and 2 absent.
4
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There being no further business before the Commission,the meeting was
adjourned at 5:50 p.m.
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