pc_08 17 2006ILITTL.E RGCK PLAMMIMG CGMMllSSIGN
PLAM~ING —REZONING --CONDITIGNAL USE HEARING
MINUTE RECORD
August 17,2006
400PM
Boll Cell end Finding of 8,Quorum
A Quorum wee present being ten (10 )in number,
Member@ Present:Gery Langleis
Chauncey Taylor
Trey Lehe
Robert Stebbine
Jerp Meyer
Darrin AIIIiiame
Je5 Yatee
Luc8$HBrgreve8
Mizan Rdhman
Freel AII'en,Jr.
Members Absent:Pdm Adcock
City Attorney;Debra Aeldon
III.Approvell of the Minute@ of the July 6,2006 Meeting cf the Little Buck
Planning Commission,The Minute@ were approved de presented'.
August 17,2006
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
AUGUST 17,2006
4:00 P.M.
I.OLD BUSINESS:
Item Number:File Number:Title
A.LU06-16-02 Land Use Plan Amendment in the Otter Creek
Planning District south of Alexander Road,east of
Otter Creek from Light Industrial to Single Family
B.Z-6396-A Rezoning from I-1 to R-2
11617Alexander Road
C.Z-8064 Rhoten Group Home —Special Use Permit
2518 S.Maple Street
D.Z-8065 Cross Group Home —Special Use Permit
2522 S.Maple Street
E.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 Overcomers Lane"
F.A-308 Eagle Hill West Annexation,West of Colonel Carl
Miller Road,between Baseline and Crystal Valley
Roads.
August 17,2006
F.1 LU06-17-01 Land Use PlanAmendment-CrystalValley Planning
District.Westside of Colonel Carl Miller,between
Baseline and Crystal Valley Roads.Single Family
to Low Density Residential.
F.2 Z-6188-a-A Eagle Hill West Long-form PD-R.Located West of
Colonel Carl Miller Road,North of Baseline Road
II.NEW BUSINESS:
Item Number:File Number:Title
1.Z-8079 Hobbs Group Home —Special Use Permit
1507 Hanger Street
2.Z-8078 Rezoning From R-3 to R7A
4014 Woodson St,College Station
3.Z-8080 Rezoning From R-2 to C-3
4508 Baseline Road
3.1.Z-8080-A Pyron Carwash,LLC —Conditional Use Permit
4508 Baseline Road
4.LU06-16-03 Land Use Plan Amendment in the Otter Creek District
from Mixed Office Commercial to Commercial at the
Vimy Ridge-Alexander Road Intersection
4.1.Z-8081 Rezoning from R-2 to C-3
12321/12325 Alexander Road
5.Z-3812-F Hertz Car Rental —Conditional Use Permit
10500 West Markham Street
6.Z-8082 Living Water Nazarene Ministries—
Conditional Use Permit
North side of Colonel Glenn Road
1000 feet West of Lawson Road
7.LA-0010 Alexander Road Timber Harvest
North side of Alexander Road,
Approximately 1700 feet West of Vimy Ridge Road
8.Proposed Planning Commission Bylaw Amendments
2
August 17,2006
ITEM NO.:A 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 I 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 I-2 Light
Industrial and l-1 Industrial Park with 26.25 acres a in size.North and west of the
area is zoned l-2 Light Industrial,1-1 Industrial Park and 1-3 Heavy Industry.The
l-1 and 1-2 north of the site is rural pastureland.The I-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.
August 17,2006
ITEM NO:A 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,I-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
August 17,2006
ITEM NO:A CONT FILE NO.:LU06-16-02
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 I-2
and I-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 I-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
has discussed the idea of large-lot residential for a portion of this property.
However no activity resulted from this talk.
3
August 17,2006
ITEM NO:A CONT FILE NO.:LU06-16-02
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 against the consent agenda was
approved.
STAFF UPDATE:
At the request of a property area the amendment area has been reduced.The
ownership of AP8 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 AP8L land is current shown as Public Institutional.)Staff recommends
approval of the modified Land Use Plan amendment from Light Industrial to
Single Family.
PLANNING COMMISSION ACTION:(JULY 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.
4
August 17,2006
ITEM NO.:A CONT FILE NO.:LU06-16-02
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.
STAFF UPDATE:(August 17,2006)
No new information has been provided.
Staff recommendation remains unchanged.
PLANNING COMMISSION ACTION:(August 17,2006)
The applicant failed to provide the required notification material.The item was
placed on consent agenda for deferral to September 28,2006.By a vote of
10 for and 0 against the consent agenda was approved.
5
AUGUST 17,2006
ITEM NO.:B FILE NO.:Z-6396-A
Owner:Keith and Diane Everett
Applicant:Keith Everett
Location:11617Alexander Road
Area:9.87 Acres
Request:Rezone from l-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 1-2
South —Undeveloped property;zoned l-2
East —Mobil home park and single family residences on large lots;
zoned R-2
West —Single family residence and vacant commercial building;zoned l-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.
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.
August 17,2006
ITEM NO:B CONT FILE NO.:6396-A
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.
~Bi I Pl
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.
Ci 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 11617Alexander Road,is
requesting to rezone the property from "1-1"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.
The property to the north (across Alexander Road)is currently undeveloped
and zoned I-1 and 1-2.The property to the south is also undeveloped and
zoned 1-2.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).
2
August 17,2006
ITEM NO:B CONT FILE NO.:6396-A
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 Cornmision 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
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.
PLANNING COMMISSION ACTION:(August 17,2006)
Staff informed the Commisssion that the application needed to be deferred to the
September 28,2006 agenda due to the fact that the applicant failed to send the
required notifications to surrounding property owners.
3
August 17,2006
ITEM NO:B CONT FILE NO.:6396-A
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 28,2006 Agenda.A motion
to that effect was made.The motion passed by a vote of 10 ayes,0 nayes
and 1 absent.The application was deferred.
4
August 17,2006
ITEM NO.:C 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.
B.~BBA
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 additional living 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.
August 17,2006
ITEM NO:C CONT FILE NO.:Z-8064
The typical resident has completed drug rehab.There will also be
residents who come from off the street who were involved in bad
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 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
August 17,2006
ITEM NO:C CONT FILE NO.:Z-8064
2.Existing zoning and land use patterns.
3.The maximum number of individuals proposed to be served,
the number of employees proposed and the type of services
being proposed.
4.The need and provision for readily accessible public or
quasi-public transportation.
5.Access to needed support services such as social services
agencies,employment agencies and medical service providers.
6.Availability of adequate on-site parking.
(d)The fire marshal must approve the use of any structure
proposed as a family care facility,group care facility,group home,parolee
or probation housing facility or rooming,lodging and board facility.
(e)Family care facilities,group care facilities,group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
According to an area survey,there 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
August 17,2006
ITEM NO:C 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
1,662 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)
AI 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
August 17,2006
ITEM NO:C 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.
PLANNING COMMISSION ACTION:(August 17,2006)
Billie Rhoten and AI Cross were present representing the application.There
was one (1)person present in opposition.Staff presented the
application with a recommendation of denial.Items C (Z-8064)and
D (Z-8065)were discussed simultaneously.
Billie Rhoten addressed the Commission in support of the applications.She
presented signatures from neighbors who supported the applications.
Commissioner Meyer asked if the applicants had any other group homes.
Ms.Rhoten stated that she did not.Mr.Cross stated that he had a facility
in the downtown area at 3"and Izard Streets.Mr.Cross gave an additional
description of the proposed group home.In response to a question from the
Commission,he stated that there will be no additional remodeling of the
structure on Maple Street.
5
August 17,2006
ITEM NO:C CONT FILE NO.:Z-8064
There was a general discussion of the number of beds proposed for each
facility.Ms.Rhoten and Mr.Cross amended the applications to reduce the
number of beds in each unit to conform with section 8-406 of the City Code.
The number of beds was reduced to eight (8)for 2518 S.Maple Street and
twelve (12)for 2522 S.Maple Street.
There was additional discussion related to the number of other residential
facilities in the area.There was a brief discussion of the state requirements
and application process for group homes.The type of persons who will reside
in the facilities was briefly discussed.
Commissioner William asked what type of uses were considered by staff in
surveying the area within 1,500 feet for similar uses.Staff explained that
transitional residential facilities were considered.The issue was discussed.
Ruth Bell addressed the Commission in opposition.She discussed the issue
of too many residential facilities in a neighborhood area.She noted that the
recent ordinance review with respect to this type of use was a very involved
process.
Dana Carney,of the Planning Staff,explained the ordinance in relation to
transitional living facilities and the separation issue.He explained that the
ordinance does not impose a separation requirement,but is a guide by which
to consider the separation issue.He further explained staff's opinion of the
separation issue.
Commissioner Williams made additional comments about the separation issue
with respect to the types of facilities which should be considered.
There was a brief discussion of the types of facilities in the area for women.
Commissioner Meyer briefly discussed the issue of where group homes were
located in the city.
City Director Pugh addressed the Commission.She stated that did not oppose
the proposed group homes if they were well run facilities.Ms.Rhoten and
Mr.Cross made brief additional comments.
There was a motion to approve the Special Use Permit for 2518 S.Maple Street
(Item C-Z-8064),subject to the following additions:
1.Compliance with Section 36-54 (e)(4)of the City's Zone Ordinance.
2.Billie Faucette Rhoten must maintain ownership of the property and
operation of the group home.
3.There is to be a maximum of eight (8)persons living in the facility.
6
August 17,2006
ITEM NO:C CONT FILE NO.:Z-8064
In response to a question from the Commission,Staff noted a continued
recommendation of denial of the applications.The motion passed by a vote
of 10 ayes,0 nays,and 1 absent.The revised application was approved.
There was a second motion to approve the Special Use Permit for 2522
S.Maple Street (Item D-Z-8065),subject to the following conditions:
1.Compliance with Section 36-54 (e)(4)of the City's Zoning
Ordinance.
2.Billie Faucette Rhoten must maintain ownership of the property and
Al Cross must maintain operation of the group home.
3.There is to be no more than twelve (12)persons living in the facility.
The motion passed by a vote of 10 ayes,0 nays and 1 absent.The
application was approved.
7
AUGUST 17,2006
ITEM NO.:D 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.
B.S~tA
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.
August 17,2006
ITEM NO.:D CONT FILE NO.:8065
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.
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 414 (Rosedale
Route)runs along W.Roosevelt Road,approximately two (2)blocks to the
south.Route 416 (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.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:
2
August 17,2006
ITEM NO.:D CONT FILE NO.:8065
1.Spacing of existing similar facilities.
2.Existing zoning and land use patterns.
3.The maximum number of individuals proposed to be served,the
number of employees proposed and the type of services being
proposed.
4.The need and provision for readily accessible public or quasi-
public transportation.
5.Access to needed support services such as social services
agencies,employment agencies and medical service providers.
6.Availability of adequate on-site parking.
(d)The fire marshal must approve the use of any structure
proposed as a family care facility,group care facility,group home,parolee
or probation housing facility or rooming,lodging and board facility.
(e)Family care facilities,group care facilities,group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
According to an area survey,there 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
3
August 17,2006
ITEM NO.:D CONT FILE NO.:8065
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)
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.
4
August 17,2006
ITEM NO.:D CONT FILE NO.:8065
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.
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 2522 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.
PLANNING COMMISSION ACTION:(August 17,2006)
Billie Rhoten and Al Cross were present representing the application.There
was one (1)person present in opposition.Staff presented the
application with a recommendation of denial.Items C (Z-8064)and
D (Z-8065)were discussed simultaneously.
5
August 17,2006
ITEM NO.:D CONT FILE NO.:8065
Billie Rhoten addressed the Commission in support of the applications.She
presented signatures from neighbors who supported the applications.
Commissioner Meyer asked if the applicants had any other group homes.
Ms.Rhoten stated that she did not.Mr.Cross stated that he had a facility
in the downtown area at 3"and Izard Streets.Mr.Cross gave an additional
description of the proposed group home.In response to a question from the
Commission,he stated that there will be no additional remodeling of the
structure on Maple Street.
There was a general discussion of the number of beds proposed for each
facility.Ms.Rhoten and Mr.Cross amended the applications to reduce the
number of beds in each unit to conform with section 8-406 of the City Code.
The number of beds was reduced to eight (8)for 2518 S.Maple Street and
twelve (12)for 2522 S.Maple Street.
There was additional discussion related to the number of other residential
facilities in the area.There was a brief discussion of the state requirements
and application process for group homes.The type of persons who will reside
in the facilities was briefly discussed.
Commissioner William asked what type of uses were considered by staff in
surveying the area within 1,500 feet for similar uses.Staff explained that
transitional residential facilities were considered.The issue was discussed.
Ruth Bell addressed the Commission in opposition.She discussed the issue
of too many residential facilities in a neighborhood area.She noted that the
recent ordinance review with respect to this type of use was a very involved
process.
Dana Carney,of the Planning Staff,explained the ordinance in relation to
transitional living facilities and the separation issue.He explained that the
ordinance does not impose a separation requirement,but is a guide by which
to consider the separation issue.He further explained staffs opinion of the
separation issue.
Commissioner Williams made additional comments about the separation issue
with respect to the types of facilities which should be considered.
There was a brief discussion of the types of facilities in the area for women.
Commissioner Meyer briefly discussed the issue of where group homes were
located in the city.
6
August 17,2006
ITEM NO.:D CONT FILE NO.:8065
City Director Pugh addressed the Commission.She stated that did not oppose
the proposed group homes if they were well run facilities.Ms.Rhoten and
Mr.Cross made brief additional comments.
There was a motion to approve the Special Use Permit for 2518 S.Maple Street
(Item C-Z-8064),subject to the following additions:
1.Compliance with Section 36-54 (e)(4)of the City's Zone Ordinance.
2.Billie Faucette Rhoten must maintain ownership of the property and
operation of the group home.
3.There is to be a maximum of eight (8)persons living in the
facility.
In response to a question from the Commission,Staff noted a continued
recommendation of denial of the applications.The motion passed by a vote
of 10 ayes,0 nays,and 1 absent.The revised application was approved.
There was a second motion to approve the Special Use Permit for 2522
S.Maple Street (Item D-Z-8065),subject to the following conditions:
1.Compliance with Section 36-54 (e)(4)of the City's Zoning
Ordinance.
2.Billie Faucette Rhoten must maintain ownership of the property
and Al Cross must maintain operation of the group home.
3.There is to be no more than twelve (12)persons living in the
facility.
The motion passed by a vote of 10 ayes,0 nays and 1 absent.The
application was approved.
7
August 17,2006
ITEM NO:E 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'"Street 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.
STAFF REPORT:
On July 31,2006,the applicants requested that this item be deferred to the
September 28,2006 meeting.Staff supports the deferral request.
August 17,2006
ITEM NO:E CONT FILE NO.:G-25-195
PLANNING COMMISSION ACTION:(August 17,2006)
The applicants were not present.There were no objectors present.Staff
informed the Commission that the applicants had requested the item be
deferred.There was no further discussion.
The item was placed on the Consent Agenda and approved for deferral to the
September 28,2006 agenda.The vote was 10 ayes,0 noes and 1 absent.
2
August 17,2006
ITEM NO.F FILE NO.:A-308
NAME:Eagle Hill West Annexation
REQUEST:Accept 36.9 acres plus or minus to the City
LOCATION:West of Colonel Carl Miller Road,between Baseline and Crystal
Valley Roads
SOURCE:Randal Frazier,Representative of Owner
GENERAL INFORMATION:
~The County Judge held a hearing and signed the Annexation Order on
April 18,2006.
~The area requested for consideration is mostly wooded with a structure
formerly used as an auto-repair facility.
~There is one owner.
~The site is contiguous to the City of Little Rock on a portion of one side.
~The annexation request is to obtain sewer service and other City Services.
~The area in question is along the west side of Colonel Carl Miller Road,
between Baseline And Crystal Valley Roads.It is a rectangle 1289 feet by
1320 feet with a 525 by 232 foot corner removed.
~No islands would be created by this annexation.
~Currently the property is zoned Single Family (R-2),however there is a
reclassification of this property before the Planning Commission.A
Planned Residential District for 312 units and a nine hole golf course has
been proposed.
Staff has asked that this item be deferred to allow time to further discuss the
issues related to this request.The applicant indicated a willingness to allow
more time for this discussion to occur.
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The application was placed on consent agenda to August 3,2006.With a vote of
10 for,0 against the consent agenda was approved.
August 17,2006
ITEM NO.:F CONT FILE NO.:A-308
PLANNING COMMISSION ACTION:(August 3,2006)
The item was placed on the consent agenda for deferral to August 17,2006
by a vote of 9 for,0 against and 2 absent the consent agenda was approved.
STAFF UPDATE:(August 17,2006)
The applicant requested this item be withdrawn without prejudice on August 8,
2006.Staff is supportive of the withdrawal request.
PLANNING COMMISSION ACTION:(August 1?,2006)
The item was placed on consent agenda for withdrawal at the request of the
applicant.By a vote of 10 for and 0 against the consent agenda was approved.
2
August 17,2006
ITEM NO.:F.1 FILE NO.:LU06-17-01
Name:Land Use Plan Amendment -Crystal Valley Planning District
Location:Westside of Colonel Carl Miller,between Baseline and Crystal
Valley Roads
~Re uest:Single Family to Low Density Residential
Source:Joe White,White-Daters
PROPOSAL /REQUEST:
The applicant requested this item be deferred on April 27,2006.Staff supports
the request for deferral to June 22,2006.
PLANNING COMMISSION ACTION:(MAY 11,2006)
To allow time filing of an annexation request to be heard with this item,it was
placed on consent agenda for deferral to June 22,2006.By a vote of 10 for
0 against (1 absent)the consent agenda was approved.
STAFF UPDATE:
Staff has asked that this item be deferred to allow time to further discuss the
issues on a related request.The applicant indicated a willingness to allow more
time for this discussion to occur.
PLANNING COMMISSION ACTION:(JUNE 22,2006)
The application was placed on consent agenda to August 3,2006.With a vote of
10 for,0 against the consent agenda was approved.
STAFF UPDATE:(AUGUST 3,2006)
Staff and the applicant need additional time to review the issues.Staff
recommends deferral to August 17,2006.
PLANNING COMMISSION ACTION:(August 3.2006)
The item was placed on the consent agenda for deferral to August 17,2006
By a vote of 9 for,0 against and 2 absent the consent agenda was approved.
August 17,2006
ITEM NO.:F.1 CONT FILE NO.:LU06-17-01
STAFF UPDATE:(August 17,2006)
The applicant requested this item be withdrawn without prejudice on August 8,
2006.Staff is supportive of the withdrawal request.
PLANNING COMMISSION ACTION:(August 17,2006)
The item was placed on consent agenda for withdrawal at the request of the
applicant.By a vote of 10 for and 0 against the consent agenda was approved.
2
August 17,2006
ITEM NO.:F.2 FILE NO.:Z-6188-A
NAME:Eagle Hill West Long-form PD-R
LOCATION:Located West of Colonel Carl Miller Road,North of Baseline Road
DEVELOPER:
Lindsey Development
1183 East Joyce Boulevard
Fayetteville,AR 72703-5261
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock,AR 72223
AREA:36.55 acres NUMBER OF LOTS:1 FT.NEW STREET:
0LF
CURRENT ZONING:R-2,Single-family and PCD
ALLOWED USES:Single-family residential and Auto salvage yard
PROPOSED ZONING:PD-R
PROPOSED USE:Multi-family and Golf Course
VARIANCESNVAIVERS REQUESTED:None requested.
The property is located outside the City Limits but within the City's Exterritorial
Planning Jurisdiction.The property most be annexed to allow the proposed
development access to City services prior to development.Staff recommends
this item be deferred to allow the applicant to file the annexation request so the
proposed annexation request and rezoning request may be heard by Planning
Commission on the same public hearing date.
August 17,2006
ITEM NO F.2 CONT FILE NO.:Z-6188-A
PLANNING COMMISSION ACTION:(MAY 11,2006)
The applicant was present representing the request.There were no registered
objectors present.Staff presented the item indicating the property was located
outside the City Limits but within the City's Exterritorial Planning Jurisdiction.
Staff stated the property must be annexed to allow the proposed development
access to City services prior to development.Staff presented a recommendation
the item be deferred to the June 22,2006,public hearing to allow the applicant to
file the annexation request so the proposed annexation,the land use plan
amendment and rezoning requests to all be heard by Planning Commission on
the same public hearing date.
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 10 ayes,0 noes and 1 absent.
STAFF UPDATE:
Staff is requesting this item be deferred to allow additional time to further discc
the issues on a related request.The applicant has indicated a willingness to
allow additional time for discussions to occur.
PLANNING COMMISSION ACTION:(JUNE 22,
2006)
The applicant was present representing the request.There were no registered
objectors present.Staff presented the item indicating staff was requesting the
item be deferred to the August 3,2006,public hearing to allow additional time to
further discuss the issues on a related request.Staff stated the applicant had
indicated a willingness to allow additional time for discussions to occur.
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.
STAFF UPDATE:(August 3,2006)
There are still unresolved issues related this request.Staff recommends this
item be deferred to the August 17,2006,public hearing to allow staff and the
applicant additional time to continue to work on resolving the remaining issues
associated with the request.
2
August 17,2006
ITEM NO.:F.2 CONT FILE NO.:Z-6188-A
PLANNING COMMISSION ACTION:(August 3,2006)
The applicant was present representing the request.There were no registered
objectors present.Staff presented the item indicating there were still unresolved
Issues related to the request.Staff presented a recommendation of deferred of
the item to the August 17,2006,public hearing to allow staff and the applicant
additional time to continue to work on resolving the remaining issues associated
with the request.
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 o f9 ayes,0 noes and 2 absent.
PLANNING COMMISSION ACTION:(August 17,2006)
The item was placed on consent agenda for withdrawal at the request of the
applicant.By a vote of 10 for and 0 against the consent agenda was approved.
3
ITEM NO.:1 FILE NO:Z-8079
NAME:Hobbs Group Home-Special Use Permit
LOCATION:1507 Hanger Street
OWNER:Monica Bryant
APPLICANT:Carolyn Hobbs
Proposal:A Special Use Permit is requested to allow a group home to
be operated in the Single Family Residence located on the
R-4 zoned property at 1507 Hanger Street.
A.PUBLIC NOT IFICATION:
All owners of property located within 200 feet of the site,all residents
Within 300 feet who could be identified and the Hanger Hill
Neighborhood Association were notified of the public hearing.
B.PUBLIC WORKS COMMENTS:
NO COMMENTS
C.STAFF NOTE:
The applicant contacted staff on July 20,2006 and requested this
application be deferred to the September 28,2006 Agenda.Staff
supports the deferral request.
PLANNING COMMISSION ACTION:(August 17,2006)
Staff informed the Commission that the applicant submitted a letter on
July 20,2006 requesting the application be deferred to the September 28,
2006 Agenda.Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 28,2006 Agenda.A motion to
that effect was made.The motion passed by a vote of 10 ayes,0 nays,and 1
absent.
August 17,2006
ITEM NO.:2 FILE NO.:Z-8078
OWNER/APPLICANT:Kenneth Eackles
LOCATION:4014 Woodrow Street,College Station
AREA:0.16 Acres
PROPOSAL /REQUEST:Rezone from R-3 to R-7A
PURPOSE:Placement of a Single-Wide Manufactured Home
EXISTING USE:Single Family Residential (Manufactured Home)
SURROUNDING LAND USE AND ZONING
North-Single Family Structures;Zoned R-3
South-Undeveloped property (across Woodrow Street);not zoned
East-Single Family Structure and undeveloped lots;zoned R-3
West-Single Family Structures and undeveloped lots;zoned R-3
A.PUBLIC WORKS COMMENTS:
Woodrow St.is classified on the Master Street Plan as a residential
street.A dedication of right-of-way 25 feet from centerline will be
required.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.Bus route ¹20
(College Station Route)runs along Frazier Pike,four (4)blocks 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 College Station
Progressive League were notified of the public hearing.
D.LAND USE ELEMENT:
This request is located in the College Station/Sweet Home Planning
District.The Land Use Plan shows Single Family for this property.
The applicant has applied for rezoning of one lot from R-3 Single
Family Residential to R-7A Manufactured Home District to allow one
single-wide manufactured home.
August 17,2006
ITEM NO.:2 CONT FILE NO.:Z-8078
The request does not require a change to the Land Use Plan
MASTER STREET PLAN:
Woodrow Street is shown as a Local Street on the Master Street Plan.
The primary function of a Local Street is to provide access to adjacent
properties.
BICYCLE PLAN:
Existing or proposed Class I,II,or III Bikeways are not in the
immediate vicinity of the development.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City
of Little Rock recognized neighborhood action plan.
E.STAFF ANALYSIS:
Kenneth Eackles,owner of the 50 foot by 140 foot lot at 4014
Woodrow Street (College Station),is requesting to rezone the property
from "R-3"Single Family District to "R-7A"Manufactured Home
District.The applicant recently placed a 13.7 foot by 46.1 foot
manufactured home (2004 model)on the property,as noted on the
attached site plan.The City's zoning enforcement staff notified Mr.
Eackles of the violation.Therefore,Mr.Eackles is requesting the "R-
7A"zoning to allow the manufactured home to stay on the property.
The manufactured home is located within the west half of the property.
There is a gravel driveway from Woodrow Street serving the property.
There is a small wood storage building within the rear portion of the lot.
The lot is also fenced.The applicant is planning to construct a small
porch on the east side of the house.
Single Family Residential Structures are located north,east,and west
of the property.There are also a number of undeveloped lots in the
area.The undeveloped property across Woodrow Street to the south
is located out of the City's Extraterritorial Zone boundary and is not
zoned.Staff conducted a survey of the immediate residential area,
bordered by Sanders Street,College Street,Woodrow Street and
Southern Street (12 square blocks).Staff found at least 14 other
manufactured homes of various sizes and ages this area.
2
August 17,2006
ITEM NO.2 CONT FILE NO.Z-8078
The City's Future Land Use Plans designates this property as Single
Family.The requested R-7A zoning does not require a change to the
Land Use Plan.
The R-7A Zone District is a site plan review district.The following are
the siting criteria for manufactured homes in the R-7A District as per
Section 36-262 (d)(2)of the City's Zoning Ordinance:
a.A pitched roof of three (3)in twelve (12)or fourteen (14)
degrees or greater.
b.Removal of all transport features.
c.Permanent foundation
d.Exterior wall finished in a manner compatible with the
neighborhood.
e.Underpinning with permanent materials.
f.Orientation compatible with placement of adjacent structures.
g.Off-street parking per single-family dwelling standards.
Staff is supportive of the requested R-7A rezoning.Staff views the
request as reasonable.As noted above,there are at least 14 other
manufactured homes in this immediate residential area.Most of these
manufactured homes are nonconforming and have existed as part of
the neighborhood for a number of years.Therefore,the placement of
the manufactured home at 4014 Woodrow Street is not out of
character with the neighborhood.To staffs knowledge the proposed
manufactured home will comply with the siting criteria found in Section
36-262 (d)(2)of the City's Zoning Ordinance.Additionally,the
manufactured home complies with the minimum setback requirements
for the R-7A Zoning District.Staff believes the requested R-7A zoning
will have no adverse impact on the adjacent properties or the general
area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested R-7A rezoning.
PLANNING COMMISSION ACTION:(August 17,2006)
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 10 ayes,0 nays,and 1 absent.
The application was approved.
3
August 17,2006
ITEM NO.:3 FILE NO.:Z-8080
APPLICANT/OWNER:Johnathan Pyron;Pyron Carwash,LLC
LOCATION:4508 Baseline Road
AREA:0.89 ACRES
REQUEST:Rezone From R-2 To C -3
PURPOSE:Carwash
EXISTING USE:Vacant Carwash Facility
SURROUNDING LAND USE AND ZONING
North-Miniwarehouse development;zoned C-3
South-fast food restaurant and undeveloped property (across Baseline
Road);zoned R-2
East-single family residences;zoned R-2
West-Church (across Doyle Springs Rd);zoned R-2
A.PUBLIC WORKS COMMENTS:
1.Baseline Road is classified on the Master Street Plan as a minor
Arterial.A dedication of right-of-way 45 feet from centerline will be
required.
2.Doyle Springs 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.
3.A 20 foot radial dedication of right-of-way is required at the
Intersection of Baseline Road and Doyle Springs Road.
4.Obtain a franchise agreement from Public Works (John Barr,
371-4646)for existing trees,bushes,canopy,signage,and other
structures located in the right-of-way.The new vacuums and other
new improvements must be located out of the right-of-way.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA bus route ¹15(65'"Street Route).
PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the Upper Baseline and
SWLR Up Neighborhood Associations were notified of the public
hearing.
August 17,2006
ITEM NO.:3 CONT FILE NO.:Z-8080
C.LAND USE ELEMENT:
This request in the Geyer Springs East Planning District.The Land
Use Plan shows Commercial for this property.The applicant has
applied for rezoning of 0.89 acres from R-2 Single Family to C-3
General Commercial.
The request does not require a change to the Land Use Plan
MASTER STREET PLAN:
Baseline Road is shown as a Principal Arterial on the Master Street
Plan.The primary function of a Principal Arterial is to serve through
traffic and to connect major traffic generators or activity centers within
urbanized areas.
Entrances and exits should be limited to minimize negative effects of
traffic and pedestrians on Baseline Road since it is a Principal Arterial.
Doyle Springs Road is shown as a Collector on the Master Street Plan.
The primary function of a Collector Street is to provide a connection
from Local Streets to Arterials.
BICYCLE PLAN:
Existing or proposed Class I,II,or III Bikeways are not in the
immediate vicinity of the development.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant's property lies in the area covered by the Upper Baseline
Neighborhood Action Plan.The Economic Development goal
encourages the establishment of neighborhood-oriented businesses to
help create a competitive and adaptable economic environment.
2
August 17,2006
ITEM NO.3 CONT FILE NO.Z-8080
D.STAFF ANALYSIS:
Pyron Carwash,LLC,.owner of the 0.89 acre property at 4508
Baseline Road,is requesting to rezone the property from "R-2"Single
Family District to "C-3"General Commercial District.The property is
located at the northeast corner of Baseline and Doyle Springs Roads.
The applicant is also requesting a conditional use permit (Z-8080-A)for
use of the property as a carwash.
The property is currently vacant.There are two (2)manual carwash
structures on the property and a canopy/kiosk structure.The property
was previously occupied by a fuel dispensing/carwash facility,but the
site has been vacant for a number of years.The applicant is proposing
to refurbish and use the existing carwash structures.
There is a mixture of uses in this general area.There is a
miniwarehouse development immediately to the north,with a fast food
restaurant and undeveloped property across Baseline Road to the
south.Single family residences are located to the east.A church is
located across Doyle Springs Road to the west.There is a mixture of
Commercial uses further east and west along Baseline Road.
The City's Future Land Use Plan designates this property as
Commercial.The requested rezoning to C-3 does not require a
change to the Land Use Plan.
Staff is supportive of the requested rezoning to C-3.Staff feels that C-
3 zoning for this property is appropriate.The applicant proposes to
clean up the property,update the existing structure and re-establish
the carwash that existed on the property a number of years ago.Staff
views this as a quality redevelopment of the property.Staff believes
the requested C-3 zoning will have no adverse impact on the adjacent
properties or the general area.
E.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION:(August 17,2006)
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 10 ayes,0 nays,and 1 absent.
The application was approved.
3
ITEM NO:3.1 FILE NO:Z-8080-A
NAME:Pyron Car Wash Conditional —Conditional Use Permit
LOCATION:4508 Baseline Road
OWNER/APPLICANT:Pyron Carwash,LLC
PROPOSAL:A Conditional Use Permit is requested to allow for the
reopening of this existing carwash,which has lost its
nonconforming status.The C.U.P is associated with a
proposal to rezone the property from R-2 to C-3.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The site is located at the Northeast corner of Baseline
and Doyle Springs Roads.
2.COMPATABILITY WITH NEIGHBORHOOD:
The Property is located in an area characterized by a variety of uses,both
residential and non-residential.A mini warehouse development is
adjacent to the north.A church is located across Doyle Springs,to the
west.Single Family residences are located to the northeast.A drive-in
restaurant,convenience store with gas pumps and undeveloped
properties are located across Baseline Road,to the south.Allowing the
redevelopment of this existing carwash is preferable to allowing it to
remain in its current state and should be compatible with uses in the area.
All owners of properties located within 200 feet of the site,all residents
within 300 feet who could be identified and the SWLRUP and Upper
Baseline Neighborhood Associations were notified of this request.Upper
Baseline voted to support the proposal.
3.ON SITE DRIVES AND PARKING:
The site is currently paved and has access from both Baseline and Doyle
Springs Road.No changes are proposed in the driveways and parking
areas.
August 17,2006
ITEM NO.3.1 CONT FILE NO.Z-8080-A
4.SCREENING AND BUFFERS:
1.A six-foot tall wood fence with its face side directed outward is
required along the entirety of the east perimeter where the site
abuts R-2 zoned property.
2.No additional or new buffers are required since the site is currently
developed.
3.Proposed plantings in Doyle Springs Road require Public Works
approval.A franchise may be required.
4.If the cost of rehabilitating the existing structure exceeds fifty (50)
percent of the current replacement cost,at least fifty (50)percent of
the existing vehicular use area shall be brought into compliance
with the City's Landscape ordinance.
5.If the area of the proposed vacuum canopy at the northeast corner
exceeds ten (10)percent of the area of the existing buildings on the
site,at least (10)percent of the existing vehicular use shall be
brought into compliance with the City's Landscaping Ordinance.
6.A water source must be located within seventy-five (75)feet of the
plants to be irrigated.
5.PUBLIC WORKS COMMENTS:
1.Baseline Road is classified on the master Street Plan as a minor
arterial.A dedication of right-of-way 45 feet from centerline will be
required.
2.Doyle Springs 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.
3.A 20 feet radial dedication of right-of-way is required at the
intersection of Baseline Road and Doyle Springs Road.
4.Obtain a franchise agreement from Public Works (John Barr,371-
4646)for existing trees,bushes,canopy,signage,and other
structures located in the right-of-way.The new vacuums and other
new improvements must be located out of the right-of-way.
6.UTILITYAND FIRE DEPT.COMMENTS:
Wastewater:Proposed carwash must meet all current Little Rock
Wastewater Utility standards for any new carwash.Contact Little Rock
Wastewater for details.
Entergy:No comment received
Centerpoint Energy:Approved as submitted
2
August 17,2006
ITEM NO.3.1 CONT FILE NO.Z-8080-A
AT8T (SBC):No comments received.
Water:Contact Central Arkansas Water if larger and/or additional
meter(s)are required.All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
Fire Department:Approved as submitted.
County Planning:No comments.
CATA:The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT:(JULY 27,2006)
The applicant was not present.Staff presented the item and advised the
committee that they would meet with the applicant to discuss committee
comments.Staff informed the committee that additional information was
needed regarding signage,days and hours of operation,site lighting and
dumpster location.
Public Works and Landscape comments were discussed.It was noted the
proposed new vacuum islands to be placed under the existing canopy
should not be placed in the Master Street Plan Right-of-Way for Baseline
Road.It was also noted that any existing improvements could be
franchised if they were located in the new right-of-way.
Staff was asked to determine if the old underground gas tanks had been
removed.
The Committee forwarded the item to the full commission.
Note:Staff met with the applicant on July 27,2006 and discussed the
comments.He was advised to respond to staff issues by Wednesday,
August 2,2006.
STAFF ANALYSIS:
The R-2 zoned,.89 acre tract located at the northeast corner of Baseline
and Doyle Springs Roads is occupied by a closed gas station and
carwash.The facility was constructed in 1971 and was rendered
nonconforming when it was annexed into the City in 1985.The business
has been closed for several years and the property has lost its
nonconforming status.The property owner has filed for C-3 zoning and a
conditional use permit to allow for reopening of the carwash.The
3
August 17,2006
ITEM NO.3.1 CONT F I LE NO.Z-8080-A
applicant does not propose to operate a gas station.The underground
tanks have been removed and a clearance letter has been provided from
ADEQ.
The site is fully developed and contains several buildings and a paved
parking lot.The self-serve carwash facilities are located in two buildings.
One building contains four (4)bays and an equipment room.The second
building contains (5)wash bays and an equipment room.A canopy near
the south property line covers the former gas pump island and a small
kiosk.The applicant proposes to place two new vacuums under the
canopy where the pump island was located.Three (3)additional vacuum
islands are located behind the five (5)bay carwash building.An old
mobile home was located at the northeast corner of the site.The
applicant has removed the mobile home and will build in its place two (2)
more vacuum islands and a canopy.Remodeling of the carwashes will be
done in phases with the four-bay structure being done first and the five-
bay structure second.The vacuums will be done in concert with the
carwashes as demand dictates.
Signage will comply with ordinance requirements for commercial zones.
Additional signage will be posted prohibiting loitering and loud music.The
carwash will be open 24 hours,7 days a week.There will be no on-site
employee although one will come by the site to service the facility.
Lighting will be placed to illuminate the site.The lighting will be shielded
downward and on to the site.The applicant has reached an agreement
with the adjacent property owner to use the existing dumpster on the
miniwarehouse property to the north.If,at some point,this does not
continue,a dumpster will be placed near the northeast corner of the site.
The proposed new vacuum canopy will be located in the same area as the
previous mobile home.The canopy will have a setback of 15 feet from the
east side property line and will maintain the 10 feet setback from the rear
north property line.A variance is requested to allow the rear yard setback
to be reduced from the required 25 feet to the requested 10 feet.
Staff supports the variance since the property to the north is occupied by a
miniwarehouse development and the proposed canopy is to be located at
the same setback as the mobile home.
The applicant will dedicate all needed right-of-way and will seek a
franchise for the existing improvements which will be located in the new
right-of-way.No new improvements will be placed in the right-of-way.A
six-foot tall,wood fence will be placed along the east perimeter to provide
the required screening.Landscaping will be installed along the north
perimeter.The applicant also proposes to place some landscaping along
the west perimeter.A franchise will be needed for the west perimeter
landscaping since it will be located in the Doyle Springs right-of-way.Due
4
August 17,2006
ITEM NO.3.1 CONT FILE NO.Z-8080-A
to the cost of renovations and the amount of new structure,there is no
requirement for additional landscaping or buffers.
Staff is supportive of the requested C-3 zoning and Conditional Use
Permit to allow for remodeling and reopening of this carwash.The
proposed improvements will be of benefit to nearby properties.To staff's
knowledge,there were no outstanding issues.The applicant responded to
issues raised at Subdivision committee as noted in the above analysis.
The 1911 bill of assurance for Gloeckler Acres is illegible but likely does
not address use issues.
STAFF RECOMMENDATION:
Staff Recommends approval of requested Conditional Use Permit subject
to compliance with the following conditions:
1.The property is to be zoned C-3
2.Compliance with the comments and conditions outlined in sections
4.5 And 6 of the agenda staff report.
3.All site lighting is to be shielded downward and into the site.
4.The six-foot tall wood screening fence on the east perimeter is to be
constructed with its finished sidefacing outward.
5.The site is to be kept free of trash and debris and is to be cleaned on a
daily basis.
6.A franchise is to be obtained for all improvements located in the right-
of-way.
Staff recommends approval of the requested rear yard setback variance
for the proposed vacuum canopy.
PLANNING COMMISSION ACTION:(August 17,2006)
The applicant was present.There were no objectors present.Staff
presented the item and a recommendation of approval subject to
compliance with the conditions outlined in the "Staff Recommendation"
above.Staff recommended approval of the requested rear yard
setback variance.Staff informed the Commission that a letter and
telephone call of support had been received from St.Andrew Methodist
Church and the Upper Baseline Neighborhood Association respectively.
There was no further discussion.
The item was placed on the Consent Agenda and approved as
recommended by staff.The vote was 10 ayes,0 noes and 1 absent.
5
August 17,2006
ITEM NO.:4 FILE NO.:LU06-16-03
Name:Land Use Plan Amendment -Otter Creek Planning District
Location:Southeast and southwest corner of Alexander Road and Vimy
Ridge Road
~Re ueat:Mixed Office Commercial to Commercial
Source:James L.McCarley,Sr.,Cornerstone Investment Properties,LLC
PROPOSAL /REQUEST:
Land Use Plan amendment in the Otter Creek Planning District from Mixed Office
Commercial to Commercial.Commercial includes a broad range of retail and
wholesale of products,personal and professional services,and general business
activities.They vary in type and scale,depending on the trade area that they
serve.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include the southwest corner of this same intersection.The
area will be expanded to include approximately two acres of the southwest
corner.It is thought that the additional area will also be needed in the future for
commercial uses.
EXISTING LAND USE AND ZONING:
The expanded site is currently zoned R-2 Single Family.There appear to be two
vacant houses on the application site and an occupied house on the expanded
area.To the north and east of the area is zoned I-2 Light Industrial.The I-3 area
directly across from the application site is mostly open space.The areas to the
south and west of the site are zoned R-2 Single Family.The property at the
northwest corner of Vimy Ridge Road and Alexander Road is zoned C-3 General
Commercial.There is a gas station with a convenience store at this location.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The expanded application area is shown as Mixed Office Commercial.To the
south of this site is Single Family,to the north of the area is Industrial,and to the
west is more Mixed Office Commercial and Low Density Residential.The
property to the northwest of the site is Commercial.To the south is Mixed Office
Commercial then Single Family east of Vimy Ridge and Low Density Residential
west of Vimy Ridge.
There has been no recent activity in this area.
August 17,2006
ITEM NO.:4.CONT F I LE NO::LU06-16-03
MASTER STREET PLAN:
Vimy Ridge Road and Alexander Road are both Minor Arterials on the Master
Street Plan.A Minor Arterial provides connections to and through an urban area
and their primary function is to provide short distance travel within the urbanized
area.Both of these arterials are substandard and would require improvements at
the time of development.This intersection is south of Interstate 30,which is a
Freeway on the Master Street Plan.
BICYCLE PLAN:
The Master Street Plan bicycle section proposes a Class I bike route along
Alexander Road.A Class I route has a separate pavement area for the sole use
of bicycles.
PARKS:
There is parkland located off Alexander Road on Hall Lane.The Little Rock
Parks and Recreation Master Plan indicates this site is currently within eight
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 expanded area is located within the Chicot West-l-30 South Neighborhood
Plan area.The Neighborhood Plan references this area multiple times.The plan
calls for the expansion of Neighborhood Commercial uses at the intersections of
arterials.Specific uses mentioned include the need for restaurants and a grocery
store in this area.The Plan also calls for the widening of Alexander Road and
Vimy Ridge Road.These roads both need sidewalks,curb,gutters,and bicycle
lanes.Also,the Neighborhood Plan requests that the intersection at Vimy Ridge
Road and Alexander Road be redesigned for more efficient drainage and safer
traffic.The Plan asks that the City of Little Rock review the zoning and Land Use
Plan for this area every three to five years.
ANALYSIS:
The application property currently has two houses on it.The houses both appear
to be vacant and in need of repair.The expanded area has one occupied house
on it.The Land Use Plan shows these areas for Mixed Office Commercial
(MOC).The proposed amendment would change approximately four acres on
the southern side of Alexander Road from Mixed Office Commercial to
Commercial.Only a small portion of the Mixed Office Commercial will be
changed in order to leave a buffer of MOC between the Commercial and Single
Family.
2
August 17,2006
ITEM NO.:4.CONT FILE NO.:LU06-16-03
The site is located at the intersection of Vimy Ridge Road and Alexander Road.
These are both classified as Minor Arterials in the Master Street Plan,and this is
a highly used intersection.A convenience store and gas station is currently
located at the northwest corner of this intersection.That corner is already zoned
C-3 to permit this usage.Approximately a mile south of this site is the Vimy
Ridge Road and County Line Road intersection.That intersection was changed
to Commercial on the Land Use Plan,and it now has a Dollar General store and
a convenience store.If the proposed site is approved for Commercial,the
neighborhood might be able to acquire new or different types of businesses to
the area.The area has a real need for more commercial sites.Residents have
to drive either to Otter Creek,Baseline,or Saline County for most of their local
commercial needs.
Much of the area to the east and north of this site is zoned l-2 or l-3 for Industrial
uses.The property to the east of this site is not likely to change in the near
future since it is used for an electric substation.Most of the land to the north that
is zoned Industrial is currently open space,but it could be developed eventually.
The next closest site for the residents or industrial employees of the area to
access commercial property is approximately a mile south of this intersection at
County Line Road.
This area has been mostly dormant for the past twenty years,but new residential
developments are currently moving to this area.One large subdivision south of
this site on the west side of Vimy Ridge Road is in the final plat stage.Two more
subdivisions are being proposed to the west of this site off of Alexander Road.
One of these would be just west of the Wilbur Vault Planned Industrial
Development site.In the past five years,many new houses have developed
south of County Line Road in the Shannon Hills area.New residents in this area
will increase the community's need for more commercial development.
The Chicot West l-30 Neighborhood Action Plan addresses many issues
concerning this intersection.The Plan is in favor of Neighborhood Commercial
development at the intersection of arterials and also states the need for more
restaurants in the area.Another important goal of the Plan is to widen and
improve the intersection at Vimy Ridge Road and Alexander Road.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association:Alexander Road.
Staff has received no comments as of this printing.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION:(August 17,2006)
The item was placed on consent agenda for approval.By a vote of 10 for and 0
against the consent agenda was approved.
3
ITEM NO.:4.1 FILE NO.:Z-8081
OWNER:Cornerstone Investment Properties,LLC
APPLICANT:James L.McCarley,Sr.
LOCATION:12321/1 2325 Alexander Road
AREA:1.93Acres
REQUEST:Rezone From R-2 To C-3
PURPOSE:Future Commercial Development
EXISTING USE:Single Family Residential
SURROUNDING LAND USE AND ZONING
North-undeveloped property (across Alexander Road);Zoned I-3
South-undeveloped property;Zoned R-2 and l-2
East-Contractor's maintenance yard,major Entergy power lines and substations;
Zoned 1-2
West-Single family residences (across Vimy Ridge Road);Zoned R -2
A.PUBLIC WORK COMMENTS:
1.Vimy Ridge Road and Alexander Road are classified on the Master
Street Plan as minor arterial streets.A dedication of right-of-way
45 feet from centerline will be required.Due to the property located
at the intersection of an arterial-arterial intersection additional 10
feet of dedication is required 250 feet in length measured from the
intersecting right-of-way.
2.A 75 foot radial dedication of right-of-way is required at the arterial-
arterial intersection of Vimy Ridge Road and Alexander Road.
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 Quail Run,Mayer
Lane,Alexander Road and SWLR UP Neighborhood Associations
were notified of the public hearing.
August 17,2006
ITEM NO.:4.1 CONT FILE NO.:Z-8081
D.LAND USE ELEMENT:
This request is located in the Otter Creek Planning District.The Land
Use Plan shows Mixed Office Commercial for this property.The
applicant has applied for a rezoning of 1.93 acres from R-2 Single
Family District to C-3 General Commercial District.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
MASTER STREET PLAN:
Alexander Road is shown as a Minor Arterial on the Master Street
Plan,and Vimy Ridge Road is shown as a Minor Arterial.These
streets will require dedication of right-of-way and will require street
improvements.A Minor Arterial provides connections to and through
an urban area and their primary function is to provide short distance
travel within the urbanized area.Entrances and exits should be limited
to minimize negative effects of traffic and pedestrians on Alexander
Road since it is a Minor Arterial.
BICYCLE PLAN:
A Class I bikeway is shown along Alexander Road.A Class I bikeway
is built separate from or alongside a road.Additional paving and right
of way may be required.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant's property lies in the area covered by the Chicot West I-
30 South Neighborhood Action Plan.The Infrastructure Goal calls for
both Vimy Ridge Road and Alexander Road to be widened and
improved with sidewalks,curb,gutters and bicycle lanes.The Plan
also calls for more Neighborhood Commercial uses added at
intersecting arterials.The Plan references a need for restaurants and
a grocery store in the area.
E.STAFF ANALYSIS:
Cornerstone Investment Properties,LLC,owner of the 1.93 acre
Property located at the southeast corner of Alexander Road and Vimy
Ridge 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.
2
August 17,2006
ITEM NO.:4.1 CONT FILE NO.:Z-8081
There are currently two (2)one-story single family residences on the
property.There are gravel drives from Alexander Road and Vimy
Ridge Road which serve the residential structures.
The general area contains a mixture of uses and zoning.There is
undeveloped I-3 zoned property across Alexander Road to the
north,with undeveloped R-2 and 1-2 zoned property to the south.
A contractors maintenance yard and Entergy Facilities(major power
lines and sub-stations)are located to the east on 1-2 zoned property.
Single family residences are located to the west across Vimy Ridge
Road.A mixture of residential,office,commercial,and industrial uses
and zoning are located to the north along Vimy Ridge Road.
The City's Future Land Use Plan designates this property as Mixed
Office Commercial.A proposed land use plan amendment to
commercial is a separate item on this agenda (LU06-16-03).
Staff is supportive of the proposed rezoning to C-3 for future
commercial development.Staff feels the C-3 zone for the site is
appropriate.The property is located at the intersection of two (2)
arterial streets.Although Staff is supportive of the C-3 zone,there will
be substantial right-of-way dedications for both arterials,turn lanes and
the corner radius.This wil limit the property to a relatively small
development,similar in size to the existing convience store
development at the northwest corner of the intersection,which is also
zoned C-3.Staff believes the proposed C-3 zoning will have no
adverse impact on the adjacent properties on the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 Rezoning.
PLANNING COMMISSION ACTION:(August 17,2006)
The applicant was present.There were no objectors present.Staff
presented the application with a recommendation of approval.
Staff informed the commission that the applicant had amended the
application to include the following conditions:
"Any business that produces the majority of its revenues from the
sale of alcoholic beverages is prohibited."
3
August 17,2006
ITEM NO.:4.1 CONT FILE NO.:Z-8081
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for approval as amended.A motion to that
effect was made.The motion passed by a vote of 10 ayes,0 nays,
and 1 absent.
The application was approved.
4
August 17,2006
ITEM NO:5 Z-3812-F
NAME:Hertz Car Rental —Conditional Use Permit
LOCATION:10500 W.Markham Street,Suite 109
OWNER/APPLICANT:Markham Plaza,LLC
PROPOSAL:A Conditional Use Permit is requested to allow for the
auto rental or leasing (no service,sales,or repair)on
this C-3 zoned property.The business is to occupy
one bay of the complex and park up to 15 vehicles on
the parking lot.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The property is located on the north side of Markham Street,between
Markham Center Drive and Natural Resources Drive.
2.COMPATABILITY WITH NEIGHBORHOOD:
The property is located within the non-residential node which extends
along W.Markham Street,either side of l-430.
Uses in the immediate vicinity are primarily office and institutional in
nature;although some commercial uses including hotels and a restaurant
are located nearby.Allowing the car rental business,as proposed,should
be compatible with uses in the area.
All owners of properties located within 200 feet of the site,all residents
within 300 feet who could be identified and the Treasure Hill
Neighborhood Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
All improvements are existing.The site contains a 50 space parking lot
with access off Markham Street and Markham Center Drive and a 42
space parking lot behind the building with access off Markham Center
Drive.No changes are proposed to the parking lot or driveway.Up to 15
spaces in the rear parking lot will be used for parking of rental cars.There
is sufficient parking to accommodate the center.
August 17,2006
ITEM NO.:5 CONT Z-3812-F
4.SCREENING AND BUFFERS:
No comments on this use only issue.
5.PUBLIC WORKS COMMENTS:
1.The proposed land use would classify Natural Resources Drive on
the Master Street Plan as a commercial street.Dedicate right-of-
way to 30 feet from centerline.
2.A 20 feet radial dedication of right-of-way is required at the
intersection of Natural Resources Drive and Markham Street.
6.UTILITYAND FIRE DEPT.COMMENTS:
Wastewater:Sewer Available to this property.
Entergy:No comment received
Centerpoint Energy:Approved as submitted
ATBT (SBC):No comments received.
Water:No objection
Fire Department:Place fire hydrants per code.
County Planning:No comments.
CATA:The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT:(J ULY 27,2006)
The applicant was not present.Staff presented the item and noted additional
information was needed regarding signage,days and hours of operation,and
the number of employees.Public Works comments were noted.
Staff advised they would discuss the committee comments with the applicant.
The Committee forwarded the item to the full Commission.
2
August 17,2006
ITEM NO:5 CONT FILE NO.:Z-3812-F
STAFF ANALYSIS:
The C-3 zoned property at 10500 West Markharn Street is occupied by a
one-story commercial building and a paved parking lot.Hertz Car Rental
Agency is requesting approval of a Conditional Use Permit to allow Auto
Rental or Leasing (no service,sales,or repair).Hertz proposes to occupy
a 1,704 square feet bay and will park up to 15 vehicles on the site's rear
parking lot.The bay has two overhead doors.Vehicles will be brought
into the bay for prepping.
The Planning Commission has previously approved a Conditional Use
Permit to allow this same lease area to be used by a cellular telephone
company for the installation of cellular phones in automobiles.It was later
occupied by a company that installed audio systems and custom
automotive accessories.
Hertz proposed to operate Monday-Friday,7:30 a.m.-6:00 p.m.and
Saturday,8:30 a.m.-12:30 p.m.The business will employ 5 persons.
Signage will consist of a wall sign and space on the center's tenant
identification ground sign.The applicant acknowledges that there will be
no service,sales,or repairs of vehicles on the premises.The owner of the
property will dedicate the required right-of-way for Natural Resources
Drive as noted by Public Works.
To staff's knowledge there are no outstanding issues.The applicant
responded to issues raised at subdivision committee and reflected in the
analysis above.There is no bill of assurance issue.
STAFF RECOMMENDATION:
Staff recommends approval of the Conditional Use Permit subject to
compliance with the comments and conditions outlined in Section 5 of the
agenda staff report.
PLANNING COMMISSION ACTIONS:(August 17,2006)
The applicant was present.There were no objectors present.Staff
presented the item and a recommendation of approval subject to
compliance with the comments and conditions outlined in Section 5
of the agenda staff report.There was no further discussion.
The item was placed on the Consent Agenda and approved as
recommended by staff.The vote was 10 ayes,0 noes and 1 absent.
3
August 17,2006
ITEM NO.:6 FILE NO.:Z-8082
NAME:Living Water Nazarene Ministries-Conditional Use Permit
LOCATION:North Side of Col.Glenn Road,1000 Feet West of Lawson
OWNER Living Water Nazarene Ministries,Inc
APPLICANT:Terry Burruss,Architect
PROPOSAL:A Conditional Use Permit is requested to allow for
construction of a new church on this vacant R-2
zoned tract.The property is outside of the city limits;
Within the city's zoning jurisdiction.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The property is located on the north side of Col.Glenn Road,
approximately
1000 feet West of Lawson Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located just west of the city limits in an area of mixed
zoning and uses.The properties immediately adjacent to the tract
contain single-family homes on larger tracts and areas of undeveloped
woodland.Just to the east of the site is the commercial node that
surrounds the Col.Glenn/l-430 interchange.The proposed small church
is compatible with uses and zoning in the area.
All owners of properties located within 200 feet of the site and all residents
within 300 feet who could be identified were notified of this request.There
is not a neighborhood association in the vicinity.
3.ON SITE DRIVES AND PARKING
The Phase I building will have a worship area seating 100 persons,
requiring 25 on site parking spaces.Two curb cuts are proposed
Onto Col.Glenn Road.A circular driveway and 27 parking spaces
will be built in Phase I.The applicant is requesting a deferral of the
paving of the Phase I driveway and parking for two years.The Phase II
The Phase II building will have a seating capacity of 250 persons,
requiring 63 parking space.Phase II will add 38 additional spaces,
August 17,2006
ITEM NO.:6 FILE NO.:Z-8082
4.SCREENING AND BUFFERS:
1.The site plan must comply with the City's Landscape and Buffer
Ordinance.
2.A twenty-nine (29)foot wide land use landscape buffer is required
along the east and west (side)perimeters of this site.Seventy
(70)percent of this buffer is to remain undisturbed.
3.A fifty (50)foot wide land use landscape buffer is required along
the north perimeter of this site.Seventy (70)percent of this
buffer is to remain undisturbed.
4.A fifty (50)foot wide street landscape buffer is required along
5.An automatic irrigation system is required.
6.A six-foot high opaque screen,either a wooden fence with it
face side directed outward,a wall or dense evergreen planting,
is required along the north,west,and east property lines.The
dense evergreen plantings may suffice for screening,in that it
must screen year around.
7.The City Beautiful Commission recommends preserving as
many existing trees as feasible on this site.Credit towards
fulfilling Landscape Ordinance requirements can be given
when preserving trees of six (6)inch caliper or larger.
8.Prior to the issuance of a building permit,it will be
necessary to provide landscape plans stamped with the
seal of Registered Landscape Architect.
9.Interior landscaping comprising at least (8)percent of the
vehicular use area is required.The minimum size of the
landscape islands shall be one hundred fifty (150)square
feet.
10.Trees are to be located in the landscape islands at the rate
of one (1)tree for every twelve (12)parking spaces.
11.Building landscaping is required between the building and the
vehicular areas.
12.Label all areas to be left undisturbed.All undisturbed areas
are to be protected by orange contractor's fencing throughout
all phases of construction.Placement of the protective fencing is
to be confirmed by staff prior to any site work.
13.Provide a plan with dimensions to determine If the above issues
are addressed
5.PUBLIC WORKS COMMENTS:
1.Colonel Glenn Road is classified on the Master Street Plan
as a principal arterial.Dedication of right-of-way to be 55
feet from the centerline will be required.
2.Storm water detention ordinances applies to this property.
2
August 17,2006
ITEM NO.:6 FILE NO.:Z-8082
Show the proposed location for storm water detention facilities
on the plan.
3.Per CLR street standards,driveways on principal arterial streets
such as Colonel Glenn Road at this location must have a minimum
driveway spacing of 300 ff.between driveways and 150 ft.from the
property line.Therefore,only one driveway access location near
the middle of the property is permissible.That driveway can be
constructed to a maximum 36 ft in width.
6.UTILITY AND FIRE DEPARTMENT COMMENTS:
Wastewater:Outside service boundary.No comments
Entergy:No comments received
Centerpoint Energy:Approved as submitted
AT8T (SBC):No comments received.
Water:All Central Arkansas Water requirements in effect at the time
request for water must be met.Approval of the City of Little Rock
Planning Department is required to water service availability to
this property.A Capital Investment Charge based on the size of
the meter connection(s)will apply to this project in addition to the
normal charges.Additional fire hydrant(s)will be required.
Contact the Fire Department having jurisdiction to obtain
information regarding the required placement of the hydrant(s)
and contact Central Arkansas Water regarding procedures for
installation of the hydrant(s).
County Planning:
1.Right-of —way dedication required per City of Little Rock
Master Street Plan.
2.Driveway permit required from Pulaski County Road and
Bridge Department.
3.Submit drainage plan to Pulaski County Planning prior to
construction.
4.ADEQ permit required.
CATA:The site is outside of CATA's service area and is not located on
a CATA bus route.
3
August 17,2006
ITEM NO.:6 FILE NO.:Z-8082
SUBDIVISION COMMITTEE COMMENT:(July 27,2006)
The applicant was present.Staff presented the item and noted
additional information was needed including building design,signage,and
typical days and hours of operation,site lighting,fencing,parking
dimensions and dumpster location.Staff asked if any other uses were
proposed,such as daycare or private school.Staff asked the applicant to
provide the means of wastewater disposal and to provide approval from
the local volunteer Fire Department.Staff asked the applicant to clarify
the seating capacity of the Phase II Sanctuary.
Public Works,Utility and Landscape comments were noted and discussed
The applicant was advised to submit a revised site plan addressing each
of the issued raised by staff.Ashley Pope,Pulaski County Planning
Director discussed County requirements.
The applicant was advised to respond to staff comments by Wed.
August 2,2006.The committee forwarded the item to the full commission.
STAFF ANALYSIS:
The applicant's property consists of two,R-2 zoned-tracts totaling 16.2 acres:
11.07-acre tract and 5.13 acre tract.A conditional use permit is requested to
allow for the phased construction of a church on approximately 5 acres of the
16.2-acre site.
Phase I consists of a one story 7,200 square foot,pre-engineered steel frame
metal building,a circular drive way with two curb cuts onto Col.Glenn Road and
27 parking spaces.The building will have a 14-foot eave height (4 1/12 roof
slope)and a maximum height of 24 feet at the ridge.A brick ledge will be
provided for future improvements on the south,east,and west sides.Phase li
will consist of a 7,600 square foot,steel frame metal building with an 18-foot
eave height (4 1/12 foot slope)and a maximum height of 32 feet at the ridge.A
future steeple would add an additional 24 feet in height.A brick ledge will be
provided for future extension improvements.An additional 38 parking spaces will
be built with phase II.The Phase I Sanctuary will seat 100 persons.The Phase
II sanctuary will seat 250 persons.The Phase I building will then be converted
into a fellowship hall.
A single ground mounted sign will be place on the site.The sign will have a
maximum height of 8 feet and area of 72 square feet.
The site will be used for typical church worship activities with most activities
being on Sundays and Wednesdays.Occasional worship-related activities will
be held throughout the year.No additional activities such as private school,
daycare or Mother's Day Out program are proposed.Lighting will consist of
4
August 17,2006
ITEM NO.:6 FILE NO.:Z-8082
some building mounted lighting and lighting in the parking lots.A dumpster will
be located on the site with Phase II.The dumpster will be screened to comply
with ordinance standards.No fencing is proposed.
The applicant submitted a revised site plan a responses to issues raised at
Subdivision Committee.The applicant has agreed to comply with all Public
works,Utility,County and Landscape comments.The revised site plan indicates
all required buffer areas and right-of-way dedication.this acreage tract is not
covered by a bill of assurance.
To staff's knowledge,these are only four (4)remaining issues.The applicant
proposes to use a packet plant for wastewater disposal.All required approvals
form the appropriate county and state agencies must be provided for the plant
prior to any site work commencing on the site.A statement of approval from the
local volunteer fire department must be provided prior to construction
commencing on the site.
The applicant is requesting a two-year old deferral of the Phase I paving,curb
and gutter.Staff does not support this request.The site is adjacent to one of the
fastest developing areas of Littler Rock;at the Colonel Glenn/I-430 interchange.
Staff is not supportive of allowing substandard development,including the
requested gravel driveway and parking.
The proposed site plan has two driveways onto Colonel Glenn Road.Staff
believes there should only be one driveway,located near the middle of the
property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit subject to
compliance with the following conditions:
1.Compliance with the comments and conditions outlined in sections
4,5 and 6 of the agenda staff report.
2.All site lighting must be shielded downward and into the site.No
upward oriented lighting is permitted.
3.Buffer areas are to be protected by orange contractor's fencing.
Placement of the protection is to be confirmed by staff prior to
any site work.
4.All required approvals for the proposed package wastewater
disposal facility must be provided prior to any site work.
5.A letter must be provided by the local volunteer fire department
indicating approval and ability to provide service prior to any site
work.
5
f
August 17,2006
ITEM NO.:6 FILE NO.:Z-8082
Staff recommends denial of requested deferral of the Phase I paving,curb,and
gutter.Staff recommends that the site have only one driveway onto Colonel
Glenn Road.
PLANNING COMMISSION ACTION:(August 17,2006)
The applicants were present.There were no objectors present.Staff informed
the Commission that the applicant had ameded the application to remove the
second driveway.Staff presented the item and a recommendation of approval
subject to compliance with the comments and conditions outlined in the "Staff
Recommendation"above.Staff also recommended approval of an 18 month
deferral of the paving requirement for the Phase I driveway and parking subject
to the driveway being paved for a distance of 120 feet from the edge of the
Colonel Glenn Road pavement.There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended
by the staff.The vote was 10 ayes,0 noes,and 1 absent.
6
August 17,2006
ITEM NO.:7 FILE NO.:LA-0010
NAME:Geranio —Timber Harvest Variance Request
LOCATION:Alexander Road -West of Vimy Ridge Road
APPLICANT:Nick Geranio
APPLICANT'S REPRESENTATIVE:Cormier Forestry Service
AREA:23.89 acres on the northside of Alexander Road
CURRENT ZONING:12
VARIANCES/WAIVERS REQUESTED:A variance from the Land Alteration
Regulations to harvest timber with construction not being imminent.
A.PROPOSAUREQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest timber on the property with construction not being imminent.The
23.89 acre property is located on the north side of Alexander Road
approximately 2000 feet west of Vimy Ridge Road.The timber harvest plan
states the objective of this plan is to identify the trees are in need of removal
for site preparation for future development.The plan states the applicant
desires possibly building a mobile storage facility in the future.
B.EXISTING CONDITIONS:
This 23.89 acre tree covered l2 zoned property is tract land located on the
north side of Alexander Road directly across from undeveloped property
where a preliminary plat was recently approved.Tree covered,
undeveloped R2 zoned property is located on the west.On the north,the
property is bordered by the railroad tracks and on the east are moderately
treed l2 zoned properties.The eastern portion of those properties have
been industrially developed.R2 zoned properties with residences are
located southeast,south,and southwest of the subject property.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has not received any phone calls or letters asking
questions or requesting additional information.
August 17,2006
ITEM NO.7 CONT FILE NO.:LA-0010
D.ENGINEERING COMMENTS:
1.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.
2.Per Sec.29-187(e)(2),clear cutting or total harvest shall not be allowed
3.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.
4.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.
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 approved
prior to the start of construction.
6.Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
7.Erosion controls must be installed to reduce discharge of polluted storm
water
8.Provide location of vehicle tracking pad constructed per Little Rock
Code Sec.29-190(12).
9.Per Little Rock Code Sec.29-190(14),a perimeter buffer strip shall be
temporarily maintained around disturbed areas for erosion control
purposes and shall be kept undisturbed except for reasonable access for
maintenance.The width of the strip shall be 6%of the lot width and
depth.The minimum width shall be 25 ft and the maximum shall be 40 ft.
E.SUBDIVISION COMMITTEE COMMENTS:(July 27,2006)
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.
There was no further discussion of the item.The Committee then
forwarded the item to the full Commission for final action.
2
August 17,2006
ITEM NO.7 CONT FILE NO.:LA-0010
F.ANALYSIS:
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 variance from the Planning Commission for
timber harvests other than clear cutting or total harvests.
The Timber Harvest Plan ("the plan")shows the 23.89 acre tract of land
contains 2445 trees or an average of 102 trees per acre.The plan shows
the property contains approximately 1,166 pine trees and 1,279 hardwood
trees.The plan also shows a large amount of trees less than 6"diameter
at breast height that was no inventoried.The plan targets the removal of
approximately 810 trees or approximately 34 trees per acre,leaving an
average of 68 trees per acre.These projections equal a harvest of about
33%of the trees.
The plan shows a 50 foot undisturbed buffer to remain along the property
boundaries except for the access point off Alexander Road.A single
access location will be taken from Alexander Road.A temporary pipe
culvert will be installed in the ditch with a 50 foot rock tracking pad
installed to comply with all city code.Silt fence will be installed along a
portion of the eastern and northern property lines.A loading zone will be
located within the southern portion of the property.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 burned 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 13 certified mail receipts have been provided to staff
notifying adjacent property owners.At the time of writing,staff has
received no phone calls requesting information or expressing support or
opposition of the request.
G.STAFF RECOMMENDATION:
The plan shows about 33%of the trees are to be harvested on the 23
acres.A variance was granted in November,2005 for harvesting 80%of
the timber on a 34 acre l2 zoned property at the Tire Curing Bladders
3
August 17,2006
ITEM NO.7 CONT FILE NO.:LA-0010
facility at 5701 Murray St.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.
H.PLANNING COMMISSION:(August 17,2006)
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 10 ayes,0 nays,and 1 absent.
The application was approved.
4
August 17,2006
ITEM NO.:8
ISSUE:Proposed Planning Commission Bylaw Amendments
STAFF REPORT:
In response to a directive from the Planning Commission,Staff has prepared the
following proposed amendments to the Commission's bylaws.As required by the
bylaws,these proposed amendments are being presented in writing to be placed
on the Agenda of a subsequent regular meeting for action.The proposed
amendments are as follows:
(1)Amend Article II,Section B.1.a.To allow the Chair and Vice-Chair to
succeed themselves in office.
E~iti T d
The offices of Chair and Vice-Chair shall be filled for terms of one
year each.The Chair,and likewise the Vice-Chair,may not succeed
themselves in office.
~ddT d
The offices of Chair and Vice-Chair shall be filled for terms of one
year each.The Chair,and likewise the Vice-Chair,may succeed
themselves in office.
(2)Amend Article IV,Section A.4.b.(5)To make the notice requirement for
zoning site plan review and subdivision site plan review consistent with
other notice requirements
~d*i tt T d
All issues submitted for zoning site plan review or subdivision
site plan review as directed by Section 36-126,of the Code of
Ordinances and Section 31-13.of the Code of Ordinances,
being the Zoning and Subdivision Ordinances respectively,
shall provide notice as follows:
1.In each instance where review by the Subdivision
Committee is required,the Committee shall determine
the need for supplemental notice.The Committee shall
set the date,content and form for such notice and name
the party responsible for compliance with the
August 17,2006
ITEM NO.8 CONT
requirements.The record of the Committee meeting
shall reflect the instructions given so as to provide a
record of the requirement or record that no notice was
required.
2.It shall be the responsibility of the owner or agent of
record to accomplish the notice and bear the cost of the
notice.
~P'dd
Supplemental Notice of zoning site plan review and subdivision
site plan review —Before a hearing,the applicant shall submit
proof that at least fifteen (15)days notice of the Commission's
hearing has been given to all property owners within two hundred
(200)feet of any tract for which an application has been filed.
The staff shall provide mail notice to property owners
associations or individuals representing neighborhoods.
Proof of notice is to be filed with the staff of the Planning Office
at least six days prior to the public hearing.
(3)Amend Article IV,Section A.4.b.To add a new Subsection outlining the
notice requirement for Land Alteration appeals and variances as
established by Ordinance.The new Subsection will become (6)and
existing (6)and (7)will be renumbered (7)and (8).
~dd T
(6)Supplemental notice of Land Alteration appeal or variance.
Certified mail notice shall be given by the applicant to
adjacent property owners,including those across a street
or alley from the subject property,at least ten (10)days
prior to the planning commission meeting at which the
appeal or variance request is to be considered.At least
three (3)business days prior to the hearing,the appellant
shall provide proof of notice to the director of public works.
Failure to provide the required notice will cause the appeal
to the planning commission to be dismissed,although minor
irregularities in the giving of notice may be waived by the
commission.
(4)Amend Article IV,Section A.4.b.to reflect change in Section (3)above.
2
August 17,2006
ITEM NO.8 CONT
EEiti T
To Affected Parties —Notice to affected parties shall be provided as
specified in paragraphs (1)through (5)below.Relative to paragraphs
(2)through (6),requiring supplemental notice to neighboring property
owners,the mailing of notice to the names and addresses that an
applicant has obtained from an abstract company shall be considered
adequate notice.If an applicant fails to provide the supplemental
notice requirement herein,the Planning Commission shall defer action
on such application until supplemental notice has been adequately
provided.
~PET d
To Affected Parties —Notice to affected parties shall be provided as
specified in paragraphs (1)through (6)below.Relative to paragraphs
(2)through (6),requiring supplemental notice to neighboring property
owners,the mailing of notice to the names and addresses that an
applicant has obtained from an abstract company shall be considered
adequate notice.If an applicant fails to provide the supplemental
notice requirement herein,the Planning Commission shall defer action
on such application until supplemental notice has been adequately
provided.
(5)Amend Article IV,Section A.4.b.(6)to assure that all actions that require
signs are listed;to assure that the signs are required to remain up through
the date of the Commission hearing;and to require staff verification of the
posting of the signs.
Editi ETT dd
All properties involved in rezoning,conditional use permit,tower
use permit or Planned Unit Development applications shall be
posted with a sign as follows:
1.Sites less than one acre in area —a sign 11"x17";
2.Sites one acre to 10 acres in area —a sign 22"x 34";
3.Sites larger than 10 acres in area —a sign 4'4'.
These signs shall be provided by the Staff to applicants at the
cost specified by the Fee Ordinance No.17,645.These signs
3
August 17,2006
ITEM NO.8 CONT
shall be posted on the site at least thirty (30)days prior to the
meeting date.
~PdT d
All properties involved in rezoning,conditional use permit,zoning
site plan review,subdivision site plan review,special use permit,
Land Alteration appeal or variance,tower use permit or Planned
Unit Development applications shall be posted with a sign as follows:
1.Sites less than one acre in area —a sign 11"x 17";
2.Sites one acre to 10 acres in area —a sign 22"x 34";
3.Sites larger than 10 acres in area —a sign 4'4'.
These signs shall be provided by the Staff to applicants at the
cost specified by the Fee Ordinance No.17,645.These signs
shall be posted on the site at least thirty (30)days prior to the
meeting date.The signs are to remain posted on the property
through the date of the Planning Commission hearing.Staff shall
visually verify that the required sign has been posted on the
property.
(6)Amend Article IV,Section A.4.b.to require that the applicant use the
notice form provided by staff and to require a map to be included with the
notice form if multiple properties are being considered under a single
application.
EEili ET d
To Affected Parties —Notice to affected parties shall be provided as
specified in paragraphs (1)through (5)below.Relative to paragraphs
(2)through (6),requiring supplemental notice to neighboring property
owners,the mailing of notice to the names and addresses that an
applicant has obtained from an abstract company shall be considered
adequate notice.If an applicant fails to provide the supplemental
notice requirement herein,the Planning Commission shall defer action
on such application until supplemental notice has been adequately
provided.
4
August 17,2006
ITEM NO.8 CONT
~dd T *I
To Affected Parties —Notice to affected parties shall be provided as
specified in paragraphs (1)through (6)below.Relative to paragraphs
(2)through (6),requiring supplemental notice to neighboring property
owners,the mailing of notice to the names and addresses that an
applicant has obtained from an abstract company shall be considered
adequate notice.If an applicant fails to provide the supplemental
notice requirement herein,the Planning Commission shall defer action
on such application until supplemental notice has been adequately
provided.
The applicant shall use the notice form provided by staff.If multiple
properties are being proposed for consideration under a single
application,the applicant shall include with the notice form a map
which indicates the subject properties.The map shall be provided
by staff.
(7)Amend Article V,Section C.to eliminate reference to Roberts Rules
of Order Revised.
Edid TT *EI
Standard Rules of Procedure —Except as may otherwise be set forth in
these BYLAWS,parliamentary procedure shall be as prescribed in the
latest edition of Roberts Rules of Order Revised.Procedural provisions
of these BYLAWS may be suspended with the consent of three fourths
(3/4)of those Commission members present.
~ddd d
Standard Rules of Procedure —Parliamentary procedure shall be as
prescribed in the BYLAWS.Procedural provisions of these BYLAWS
may be suspended with the consent of three fourths (3/4)of those
Commission members present.
(8)Amend Article V,Section 0.3.to eliminate secret vote for officers.
~EiII Td
Motion and Voting —Any matter of business requiring action by the
Commission may be presented by oral motion,and the members
present may vote thereon by simple voice vote.In case of split
5
August 17,2006
ITEM NO.8 CONT
vote,the Chair may ask for a show of hands.The minutes shall
indicate voting to be "denied"or "passed"and the name of any
abstainer.Voting on election of officers in which there is a contest
shall be by secret,written ballot.
~dd T d
Motion and Voting —Any matter of business requiring action by the
Commission may be presented by oral motion,and the members
present may vote thereon by simple voice vote.In case of split
vote,the Chair may ask for a show of hands.The minutes shall
indicate voting to be "denied"or "passed"and the name of any
abstainer.Voting on election of officers in which there is a contest
shall be by a show of hands.
(9)Amend Article V,Section E.8.b.to permit resubmittal of an application
which has been withdrawn without prejudice.
~Eiti Td
When the public hearing has already been advertised,the Commission
must authorize the withdrawal by motion in the public hearing.In the
event the case is withdrawn after the public hearing has been
advertised,that same case shall not be resubmitted for a period of one
year.
~PdT d
When the public hearing has already been advertised,the Commission
must authorize the withdrawal by motion in the public hearing.In the
event the case is withdrawn after the public hearing has been
advertised,that same case shall not be resubmitted for a period of one
year,unless the Commission authorizes the withdrawal without prejudice.
(10)Amend Article V,Section E.13.to require three fourths (3/4)vote of those
present to waive the provisions of the bylaws.
~E*i ti T d
Waivers —These BYLAWS may be waived by a vote of not less than a
majority of the members in attendance of any given meeting.
6
August 17,2006
ITEM NO.8 CONT
~P'Td
Waivers —These BYLAWS may be waived by a vote of not less than
three fourths (3/4)of the members in attendance at any given meeting.
PLANNING COMMISSION ACTION:(August 17,2006)
The proposed bylaw amendments were presented to the Commission.The
Commission accepted the proposed bylaw amendments without discussion
and was placed on the September 28,2006
7
PLARMIHG COMMISSION VOTE RECORD
BATE '--'~~~~En i
MEMBER
ABCQCK,PAM
ALLEN,FRED,JR.
HARGRAVES,LUCAS
LAHA,TROY
LANGLAIS,GARY
MEYER,JERRY
RAHMAN,MIWN
STEBBINS,RQBERT
TAYLQP,CHAUNCEY
WILLIAMS,DARRIN
YATES,JEFF
MEMBER
ADCQCK,PAM
ALLEN,FRED,JR.
HARGRAVES,LUCAS
LAHA,TRQY
LANGLAIS,GARY
MEYER,JERPY
RAHMAN,Ml&N
STEBBINS,RQBERT
TAYLQR,CHAUNCEY
WILLIAMS,DARRIN
YATES,JEFF
Meeting Adjourned ~:-''~P.M,&+vs ~Assr'w=asTAiM ~Rscus:
August 17,2006
There being no further business before the Commission,the meeting
was adjourned at 5:06 p.m.
4.~S.c k
ec etary Chairman