pc_09 28 2006LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
MINUTE RECORD
SEPTEMBER 28,2006
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being nine (9)in number.
II.Members Present:Gary Langlais
Chauncey Taylor
Troy Laha
Robert Stebbins
Jerry Meyer
Jeff Yates
Lucas Hargraves
Mizan Rahman
Fred Allen,Jr.
Members Absent:Darrin Williams
Pam Adcock
City Attorney:Cindy Dawson
III.Approval of the Minutes of the August 17,2006 Meeting of the Little Rock
Planning Commission.The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
September 28,2006
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 1-1 to R-2
11617 Alexander Road
C.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 Streetsto
be renamed "New Man Lane"
4.W.26"Street between Martin and Brown Streets to
be renamed "Overcomers Lane"
D.Z-8079 Hobbs Group Home —Special Use Permit
1507 Hanger Street
E.LA-0013 Hockersmith Timber Harvest,located West of l-430 and
South of Bowman Plaza Drive.
F.LA-0006-A Colonel Glenn Center Addition —Clearing and Wall
Construction Variance,west of Talley Road,north and
south of Remington Road
Agenda,Page Two
II.NEW BUSINESS:
Item Number:File Number:Title
1.G-23-367 Alley-Right-of-Way Abandonment
Block 202,Original City of Little Rock
2.Z-3207-A Rezoning from 0-3 to C-3
6210 Baseline Road
3.Z-8097 Rezoning from R-5 to R-4
1512 Commerce Street
4.LU06-15-02 A Land Use Plan Amendment in the Geyer Springs
West Planning District for a change from Multifamily to
Commercial at the Southeast corner of l-30 and
University Avenue.
4.1.Z-8100 Rezoning from R-2 to C-4
Southeast corner of l-30 and University Avenue.
5.LU-06-08-04 A Land Use Plan Amendment in the Central City
Planning District for a change from Single Family and
Mixed Use to Office and Neighborhood Commercial at
1401 Bishop St.and 1311 Bishop St.
5.1.Z-8101 Rezoning from R-3 and 0-3 to 0-2 and C-3
1311 and 1401 Bishop Street.
6.Z-8099 Shelton Day Care Facility Home —Special Use Permit.
9802 Tamela Drive.
7.Z-8102 Brewer Group Home —Special Use Permit
1812 Schiller Street.
8.Z-7784-A St.Andrews Church Street Improvement Deferral
8300 Kanis Road
9.Z-7935-A Vedant Society of Arkansas —Revised Conditional
Use Permit
10224 Nash Lane
Agenda,Page Three
II.NEW BUSINESS:(Continued)
Item Number:File Number:Title
10.Z-8096 Henson Multisectional Manufactured Home—
Conditional Use Permit
15612 Chicopee Trail.
11.Z-8103 Full Faith Christian Academy Day Care Center—
Conditional Use Permit
5603 Fisher Street.
12.Z-8104 Rawls Electronics Recycling Center—
Conditional Use Permit
801 South Chester Street.
13.Z-8105 Alexander Accessory Dwelling —Conditional Use Permit
109 South Martin Street.
14.Proposed Amendments to various sections of Chapters 31 and 36 of the
Code of Ordinances;the Subdivision and Zoning Ordinances.
15.Proposed Amendments to the Bylaws of The City of Little Rock Planning
Commission.
S
FERNOA(t CUT
IN
Li(TY I(hi(TS(Q
I
33 ZKY
STEWARTQSULIUVAN
I"l
H()Lo IQ
PlG3G
3
Elm
(Q
I
IV(MY PIGGE '.,~HCy CITY LIMITS
BG ANQ ROUNCY PARHAMXl
'C LEt(R(i
'IHACKLEFGRG
Q
IARDIE Il
Ift(NKE
'z
RESFRVGIRQZ.E IGHN BARR(TW
"D CXl
CHICGT
Ng MI.""SIPPI
CFYIR ISPRIN(-;(I YIR DPRIN()
UN)VER~I(V xlR
AfR PARKQ+'ll
AS/I
SCOTT IAMR TGN O'R (f
Q PINE(C/y
g PIKE WOOGRGW
II
ML KING
(Q IIRLHLR CHFST I
GYV ARCHTGA
BRGAOWAY I""
MAIN I
I
nI"I
I".I
SlM
m-'O G
MS
m
33 THIEIAUI T
FRAY(ER
QO
CQ
.J
September 28,2006
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
Receuest:Light Industrial to Single Family
Source:Paul Keith Everett
PROPOSAL /REQUEST:
Land Use Plan amendment in the Otter Creek Planning District from Light
Industrial to Single Family.Single Family represents residential single-family
developments not to exceed 6 dwelling units per acre,such as single-family
detached,attached,patio or garden homes and cluster homes.The
accompanying application is to rezone a tract to R-2 Single Family for a single-
family home.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include all the Light Industrial land south of Alexander Road
and east of Otter Creek.This would result in a more logical Plan pattern if
approved.
EXISTING LAND USE AND ZONING:
The property is rural with a business and a house,currently zoned l-2 Light
Industrial and l-1 Industrial Park with 26.25 acres +in size.North and west of the
area is zoned l-2 Light Industrial,l-1 Industrial Park and l-3 Heavy Industry.The
l-1 and l-2 north of the site is rural pastureland.The l-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 l-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.
September 28,2006
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,l-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
September 28,2006
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 l-2
and l-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 l-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
3
September 28,2006
ITEM NO.:A Cont.FILE NO.:LU06-16-02
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.
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 AP8 L land is current shown as Public Institutional.)Staff recommends
approval of the modified Land Use Plan amendment from Light Industrial to
Single Family.
4
September 28,2006
ITEM NO.:A Cont.FILE NO.:LU06-16-02
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.
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.
STAFF UPDATE:(SE PTE M B E R 28,2006)
There have been no changes to the application since the last hearing.Staff
remains in support of the requested change from Light Industrial to Single
Family.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
The item was placed on consent agenda for approval.By a vote of 9 for,
0 against the consent agenda was approved.
5
September 28,2006
ITEM NO.:B FILE NO.:Z-6396-A
Owner:Keith and Diane Everett
Applicant:Keith Everett
Location:11617 Alexander Road
Area:9.87 Acres
Request:Rezone from 1-1 to R-2
Purpose:Construction of single family residence
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Undeveloped property (across Alexander Road);zoned l-1
and l-2
South —Undeveloped property;zoned l-2
East —Mobile 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.P U BLIC 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.
September 28,2006
ITEM NO:B Cont.FILE NO.:Z-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.
~Hi 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.
Cit Reco nized Nei hborhood Action Plan:
The Site is within the Chicot West,l-30 East Neighborhood Plan.The
Neighborhood Plan identified two infrastructure needs in this area:to
widen Alexander Road with sidewalk,curb,gutter and bicycle lane,and to
correct flooding problem at the bridge over Otter Creek on Alexander
Road.
E.STAFF ANALYSIS:
Keith Everett,owner of the 9.87 acre property at 11617 Alexander Road,is
requesting to rezone the property from "l-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 l-1 and l-2.The property to the south is also undeveloped and
zoned l-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.
2
September 28,2006
ITEM NO:B Cont.FILE NO.:Z-6396-A
The City's Future Land Use Plan designates this property as Light Industrial.
A Land Use Plan Amendment for a change to single family is a separate
item on this agenda (LU06-16-02).
Staff is supportive of the requested rezoning.Staff views the requested
downzoning of this property to R-2 for construction of a single family home
as a very minor issue.Although there is a considerable amount of industrial
and light industrial zoned property in this general area,very little of it has
been developed,except for a few of the properties along Vimy Ridge Road
near Interstate 30.Staff feels that the requested rezoning to R-2 is
appropriate,and should have no adverse impact on the adjacent properties
or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested R-2 rezoning.
PLANNING COMMISSION ACTION:(MAY 25,2006)
Staff informed the Commission that the application needed to be deferred to the
July 6,2006 agenda due to the fact that the applicant failed to send the required
notifications to surrounding property owners.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the May 25,2006 Agenda.A motion to that effect
was made.The motion passed by a vote of 7 ayes,0 nays and 4 absent.The
application was deferred.
PLANNING COMMISSION ACTION:(JULY 6,2006)
Staff informed the Commission 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 Commission 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
September 28,2006
ITEM NO:B Cont.FILE NO.:Z-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 nays
and 1 absent.The application was deferred.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
The applicant was present.There were no objectors present.Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was
approved.
4
September 28,2006
ITEM NO:C 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
Receuest:
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.
September 28,2006
ITEM NO.:C 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.
STAFF UPDATE:
The applicant has failed to pursue the application.Staff recommends that the
item be withdrawn.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the application needed to be withdrawn
based on the fact that the applicant failed to pursue the application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays and 2 absent.
2
September 28,2006
ITEM NO.:D 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 Notification:
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.B~ff A
1507 Hanger Street is located on the east side of Hanger Street,south of
East 15"Street.The property contains a two-story frame single-family
residential structure.There is a two-story frame accessory garage
structure in the rear yard,near the southeast corner of the property.
There is a one-car wide driveway from Hanger Street at the southwest
corner of the property,leading to the accessory garage structure.There is
parking for at least two (2)vehicles.There is also a partially paved alley
along the rear (east)property line.
The general area contains a mixture of residential property zoned primarily
R-4.There are single-family residences,duplex structures,vacant lots
and boarded-up houses in the area.
The applicant,Carolyn Hobbs,proposes to utilize the existing 2,200
square foot structure as a group home.The residential facility will serve
as a transitional living facility and provide chemical free living for eight (8)
female residents.There will be a house manager who will live on the site.
Each bedroom in the house will have two (2)beds.There is a total of five
(5)bedrooms.The applicant has noted that the group home has operated
at this location since 1999.
The typical resident is a recovering addict and is required to attend four (4)
outside 12-step meetings each week.Each resident is required to be
September 28,2006
ITEM NO:D Cont.FILE NO.:Z-8079
gainfully employed.There will be in-house support groups,with referral to
outside agencies for individual sessions.Education on life skills
management,job preparation and job assistance will be provided by the
facility.A copy of the House Rules/Regulations has been provided and is
attached for Commission Review.
The site is not located on a CATA bus route.Bus Route ¹20 (College
Station Route)runs along East 15"Street,less than a block to the north.
The applicant has noted that residents will not own vehicles,and will use
the public transportation.
Section 36-54(e)(4)of the City's Zoning Ordinance provides the following
provisions for Group Home Facilities,as adopted by the Board of Directors
on September 6,2005:
(4)family care facility,group care facility,group home,parolee or
probationer housing facility,rooming,lodging and boarding facility:
(a)Separation,spacing and procedural requirements for family
care facilities,group care facilities,group homes,parolee or probationer
housing facilities and rooming,lodging and boarding facilities will be
determined by the planning commission so as not to adversely impact the
surrounding properties and neighborhood.Unless the commission
determines that a different area is more appropriate,a neighborhood shall
be defined as an area incorporating all properties lying within one
thousand five hundred (1,500)feet of the site for which the permit is
requested.
(b)There shall be a presumption that a special use permit for a
group home of 5,6,7,or 8 handicapped persons will be granted if all
ordinance requirements are met,except that individuals whose tenancy
would constitute a direct threat to the health or safety of other individuals
of whose tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c)Issues that the planning commission will consider during its
review of a family care facility,group care facility,group home,parolee or
probationer housing facility,or rooming,lodging and boarding facility
include,but are not limited to:
1.Spacing of existing similar facilities.
2.Existing zoning and land use patterns.
3.The maximum number of individuals proposed to be served,the
number of employees proposed and the type of services being
proposed.
2
September 28,2006
ITEM NO:D Cont.FILE NO.:Z-8079
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,staff found only one (1)other residential
transitional living facility within 1,500 feet of the property.There is a group
home use being operated at 1404 Hanger Street by Buddy Dorris for
approximately 10 residents and two (2)employees.This group home is
an illegal use and is currently under enforcement by the City.The case is
currently pending in Pulaski County Circuit Court.
Based on the information submitted by the applicant,the total area of the
structure and the area per bedroom will comply with Sections 8-406(a)
and (b)of the City's Buildings and Building Regulations Ordinance
(minimum area per dwelling unit and bedroom).Each bedroom has 144
square feet of living area.
The applicant submitted a copy of the Bill of Assurance for the
neighborhood which was recorded in 1893.The Bill of Assurance is
handwritten and not completely legible.It likely addresses no use issues.
Staff is supportive of the requested special use permit to allow a group
home at 1507 Hanger Street.Staff believes the group home at 1507
Hanger Street meets the intent of Ordinance No.19,395 which was
passed by the City Board of Directors on September 6,2005 and provides
the criteria for this type of transitional living facility (Section 36-54(e)(4).
As noted previously,a survey of the neighborhood found only one (1)
other transitional living facility which is currently under enforcement.Staff
believes the group home at this location will have no adverse impact on
the adjacent properties or the general area.There are a number of vacant
residential lots and boarded-up homes in the neighborhood.
3
September 28,2006
ITEM NO:D Cont.FILE NO.:Z-8079
C.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
Carolyn Hobbs and three (3)residents of the facility were present,
representing the application.Staff presented the item and asked for
additional information on the group home use.Ms.Hobbs noted that all of
the residents were women and had been through treatment centers.She
gave a brief description of the group home use,noting that it had been at
1507 Hanger Street since 1999.
After the discussion,the Committee forwarded her application to the full
Commission for resolution.
D.Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a group
home at 1507 Hanger Street,subject to the following conditions:
1.The group home will be for a maximum of eight (8)residents,with one
(1)on-site employee.
2.Compliance with the provisions of Section 36-54(e)(4)of the City'
Zoning Ordinance.
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.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the item needed to be deferred to the
November 9,2006 Agenda to resolve issues raised by the City Attorney's Office.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the November 9,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.
4
((.:.,
Human Elevation Love Pr oject rr;,-,",'(
(Chemical Fr ee Living)
House,Rules 7 Regulations
Pesident's Name..
1.Any alcohol or other debug-use on,or off HELP Home,premises is strictly
pr ohibitedl
2.you are required to be gainfully employed before the,end of your first week
I HELP Home.Any exceptions must be,specified and appr oved by House
Manager before you enter into residence.Regandiess of any circumstances
surrounding your employment situation,no one aiiwed to "hand around"in the
HELP Home on Monclay thru Fr iday between the house.of
If you feel the need to "hang out"please,feel free to go to W'olfe Street
and volunteer your time.Th isis better than sitting ar ound doing nothing and
"getting into your sellf."
3.If for any reason you are involuntarily terminated fr om HELP Home,there,
will be.no r efund of any r ent paid.
4.A five-dolllar ($5)key deposit is required up front at the time.a person
enters into residence at HELP Home,.This deposit is refundab'le at such
time,that the,key is r et ur ned to the House,Manager or owner and ther e is no
rent past due.(If you do not have,the money up front for key deposit,you
will be expected to pay the amount out of your first paycheck.
5.Fighting,sexual harassment,verbal abuse,theft and willful/negligent
destruction of the property of others (including pr oper ty)will result in
immediate,eviction'from HELP Home.
6.Ovennight passes are not penmitted-unless the following conditians have
been met:
a.To r eceive a one,-day pass you must have been a r esident of HELP
Home for at least two weeks;for a two-day pass,thr ee.months.Four-
s rr ~t*d,Altl n *r»I*r
case,-by-case basis if ou make,our House,Mana er aware of our
situation bf forehand Ignoring this rule,willi result in immediate.
eviction fr om HELP Home,.
b.you must submit your outside meeting attendance,sheet;pr ior to
r eccl ving pass.
c.your r ent payments must be,cuir ent I'for example,,i f you owe.any back
r ent you will not t eceive a pass of any kind).
d.VGU NUst have abided by Qll othel l Ules and stanclQr'ds Qs detel mined
by your House Manager.
Dems A-L&are the,minimum re uirements to be even considered for obtaining a
pass.passes are earned,nat given.If the House Manager fssis a pass wilt ~aid our
~recover,you wiii probably gst one.On the other hand,it they bsiievs that a pass
would pr esent an obvious r elapse,risk,you pr obably will not obtain one,—regardless
of other factors,
7.Bedrooms are to be kept clean at all times.'four are,required to shore,in
household duties as a condition o f your being allowed to live,in Human
Elevation Love Project.Specific household duties will be deter mined and
assigned accor dingly by the House,Manager.
8.Each Human Elevation Love Project r esident is responsible for payment of
their rent on a timely basis„as deter mined by the House Manager and/or
owner.j.f vent is in arrears this constitUte gt'ounds for immediate,clisNissal
f r om Human Elevation Love Project.Xf you ar e,af fected by sudden financial
pr oblems you are expected to notify the House Manager as soon as possible.
9.Absolutely no visitors of the opposite sex allowed in the House.All other
visitors (family,same sex friends,sponsors,etc,)are.not allowed without
I he expr ess per mission of your House Manager.
10.AII Human Elevation Love Pr ojeet r'esidents ar a expected to keep their
personal appearances neat ancl clean.'/ou will be expected to follow the,
dress code,of'our r espective Human Elevation Love,Project facility,
11.'fou ar e responsible for all laundry and personal hygiene,products.
12.Any supplies Gl maintenance r epair s r.eqUestecl al"e to be pl esented to the
House Manger in writing.These requests need to be,signed and datecl.
13.All facility r esidents that ar e,taking legally pr escr ibed meclications that ar e
not mood alter ing and r esponsible.for the administration and secur ity of
these.Nedications.
14.you are required to attend at least ()outside,12-Step meetings I for
example AA,NA,CA/AI-Anon)each week in addition to your r egular ly
scheduled outpatient meetings.Any failur e,to do so can r esult in immediate.
eviction f t'GN Human EIevatlon Love Pr oject.
15.No guns,knives,clubs or any other potential weapons will be,permitted on
the.pr e,mists.
16.No pets cr e allowed on the,premises.
17„roommates are expected to respect one another "s hygiene,ond pr aper ty at
all times.Cur few and lights out in the bedrooms ar e at 11pm on Sunday thru
Thursday nights,and at 12 midnight on Friday ond Saturday nights„Anyone
keeping curfew but not in bed after lights out,need to r espect their
r oommate by not tur ning on any lights when enter ing the room.Also any
diisruptive.or raucous behavior after curfew will not be.tolerated.
18.Additional and/or amended rules moy be established in a variety of ways.
Rules will not change unless sanctioned by the Human Elevation Love Pr oject
staff in pcr ticular.You will be pr omptly notified of any changes.When in
doubt,consult your House,Manager.Bo not tt ust "THE GPAPEVINE"to
provide you with reliable information r egar ding the rules.
These rules are intended to insure your recovery ancl personol stability.As you
know by now,recovery requires maturity and a sense,of responsibility.Tn other
dy I*f1~I I ty
contract unless ou are Willin to observe/follow these rules.
Human Elevation Love,Project is you home for now so treat it as such.We.welcome,
your questions and suggestions concerning Human Elevation Love Pr oject.
P EMEMBEP.THAT NQ MA TTEP,HQW YQU l EA VE HUMAN ELEVA TION LOVE
PPQZECT YQU SHOULD STAY ACTIVE IN YOUP.PECQVERY.
The obove Humcn Elevation Love Pr oject Pules and Standar ds have been explained
to me and I fully understand all of them.Failur e to abide by these rules will
produce,consequences including eviction from Human Elevation Love,Pr oject.
Signature%f Client(,Date g,tIqari+yf Q~'g-,Date
P.evased
7-24-0Z
Human Elevation Love Pl GJect
I'Chemical Fr ee,Living)
HGU5E PULE5 AND STANDAPDS
gr ee to f uiiy par tie ipate in the
Client
Following activities while residing in the Human Elevation Love Pr oject.j:r ecognize,
that missing any scheduled activities.are prohibited.The only exceptions are,
medical emer gencies I'Qs ver ified by a doctor in writing)or per mission obtained
from House Manager befoce the star t of any scheduied activity.rinytime 1 am
excused tr om a scheduied activity I must immediately notify my House iriianager.
j:f the House,Manager is not immediately available then I understand that j:am to
I*~PI **1 I d
Keekl Human Elevation Love Pro ect Process Grou /House Meetin
Every Sunclay Qt time deslgnatecl ln Qclvance by the House Manager
Outside Meetings and Appointments Requir ed by Human Elevation Love,Pr oject and
Pules:
1.Fi Y'r"(5)outside IZ-Step meetings a week uniess otherwise specified by
House IAQnagel'.
2,Mental health appointments as scheduled.
3.Gob inter view as scheduled.
4.Vocation/Educational classes or training as scheduled.
5.Medical appointments as scheduled.
6.Medicaid/Social Security appointments as scheduled
7.Probation Parole Officer appointment.
8.Comply with all legal requirements.
rr t,l'**0 1 t r All 1 r *,~ld
agree,to submit to a r andom urinalysis test whenever my behavior is suspicious to
the House Manager and they request me to do so.
My signature below indicates my full agr cement that I understand and will abide by
all of the,conditions noted above in this Collater Ql Contract.
A
Gignatar~ot Clipt Dare 5ig~ul e of House Managel Dote
August 18,2006
1 o:WholH lt May Concern
Re."JI.507 HangeI Street
From:Linda Henson
1604 Geyer Street
L,ittle Rock Ark 72202
l received notice of public hearing oil a I'eqUest to operate a
gl oUp home wlthln an exlstlng I esldentlal stl uctUre
(transitional living facility for np to 8 persons)(Z-8079).
1 BO SOT want this in my neighborhood,because of the
cIlme that ls all eady on that particular street.Too Dlany
IHen hang oUt all tllTle of night,loud ITlUslc,Using foUl
langUage etc.Our neighborhood has many senioI citizens
and kids who need to see IHoI'e posltlve Chrlstlan actlvlty.
The m8/ority of the tlIHe duIlng weekends yoU cannot get
through Hangel Stl eet becaUse of the pal ty,cUI'sing and
loud music.The city closed a Gambling home on that
particular stleet.To IHy knowledge nothing changed,
people Just do cI'1IHe at a dlffel ent tIIBe on that paItlcUIaI
street.l want to keep the nelghboIhood a good place to live.
1 ve been ln this neighborhood almost 30 yeaI's.
h'~
September 28,2006
ITEM NO.:E FILE NO.:LA-0013
NAME:l-430 8 Col.Glenn —Hockersmith Timber Harvest
LOCATION:Southwest corner of l-430 8 Colonel Glenn Road
APPLICANT:Glenn Ridge Crossings,LLC.
APPLICANT AGENT:Steve Hockersmith
AREA:Approximately 54 acres
CURRENT ZONING:Unknown
VARIANCES/WAIVERS REQUESTED:Conduct land alteration activities,harvest timber,
with construction not being imminent as required by the Land Alteration Regulations,Sec.
29-1 86(b).
A.P ROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to harvest
timber on approximately 54 acres located at the southwest corner of l-430 and Colonel
Glenn south of the Rave Theater with construction not being imminent.
B.EXISTING CONDITIONS:
These 54 acre 02 zoned property is located at the end of Bowman Plaza Road.
Interstate 430 is located to the east of the property and the site plan shows a 50 ft
undisturbed buffer located between the property and l-430.On the north,the property
is bordered by an 02 zoned property that is already cleared.Also,to the north,are an
undeveloped lot and a future phase of the Southern Automotive Dealership which is
currently under construction.Located to the south is tree covered property zoned R2.
The property located to the west is J.A.Fair High School.A 50 ft undisturbed buffer is
shown to be located between the property and the school.
C.SUBDIVISION COMMITTEE COMMENTS:(August 24,2006)
The applicant was present.Staff stated no information has been provided except the
application and a site plan.A forestry management plan had yet to be submitted for
staff review.There was no further discussion of the item.The Committee then
forwarded the item to the full Commission for final action.
September 28,2006
ITEM NO.:E Cont.FILE NO.:LA-0013
D.STAFF RECOMMENDATION:
This application was previously withdrawn from the August 1,2006 Planning
Commission agenda due to a forestry management plan had not been submitted as
required by code.Staff did receive a forestry management plan for review on August
31,2006.Due to the lack of information in that plan,staff did not have sufficient time
or information for review prior to preparation of staff recommendation and comments.
Staff recommends deferral of the request to the September 28,2006.
PLANNING COMMISSION ACTION:(SE PTE M B E R 1 4,2006)
The applicant was present representing the request.There were no registered objectors
present.Staff presented the item stating they had received the requested forestry
management plan but it appeared the plan was lacking critical information to complete the
review process.Staff stated due to the lack of information in the plan and staff had not had
sufficient time to complete the review,a recommendation of deferral of the request to the
September 28,2006,public hearing was presented.
PLANNING COMMISSION ACTION:(SE PTE M B E R 28,2006)
Staff informed the Commission that the application needed to be deferred to the October 26,
2006 Agenda in order for the applicant to submit additional information.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the October 26,2006 Agenda.A motion to that effect was made.The
motion passed by a vote of 9 ayes,0 nays and 2 absent.
2
September 28,2006
ITEM NO.:F FILE NO.:LA-0006-A
NAME:Colonel Glenn Center Addition —Clearing 8 Wall Construction
Variance Request
LOCATION:West of Talley Road;North 8 South of Remington Road
APPLICANT:Boen Enterprises
ENGINEER:McGetrick 8 McGetrick
AREA:approximately 12 acres
CURRENT ZONING:03
VARIANCES/WAIVERS REQUESTED:
1.Clear and grade a multi-lot or multi-phase development where construction is not
imminent;
2.Construct a retaining wall that exceeds the cut and fill limits of Sec.29-190.
A.P ROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to clear,and
grade on lots 9,10,11,17,and 18 without construction being imminent.Following
grading,the applicant proposes to construct retaining walls on these lots.The
proposed wall shows to be about 19 ft tall which exceeds the terrace and wall height
limits of 15 ft per Sec 29-190.
B.EXISTING CONDITIONS:
These 0-3 zoned lots located along Remington Drive are approximately 12 acres and
covered in trees.The lots are adjacent to Remington College and Value Place Hotel
located to the west.Undeveloped,tree covered lots zoned 03 are located to the east
of the lots to be graded.On the north,the property is bordered by C3 zoned
properties that are already cleared by this same applicant.Also located to the north is
Landers Toyota.The property located to the south of the lots is zoned R2 and
separated by a 35 ft open space buffer and a private street.
C.SUBDIVISION COMMITTEE COMMENTS:(August 24,2006)
Public Works comments were given to Pat McGetrick representing the applicant.Staff
questioned why additional clearing and grading is being requested when the majority
of the existing cleared lots of the subdivision are yet to be developed and no new
September 28,2006
ITEM NO.:F Cont.FILE NO.:LA-0006-A
building permit applications have been submitted.These lots were cleared
approximately 5 years ago and at that time the owner told staff construction on those
lots was imminent.Staff was given a letter from Mr.McGetrick from the Arkansas
Baptist State Convention which stated the convention intends to begin construction on
lots 10 and 11 no later than June 1,2007.Staff questioned why the clearing,grading,
and wall construction could not begin when the Arkansas Baptist State Convention
applies for a building permit.Mr.McGetrick stated he would give this information to
the applicant.
There was no further discussion of the item.The Committee then forwarded the item
to the full Commission for final action.
D.STAFF RECOMMENDATION:
This item was previously on the May 25,2006 Planning Commission agenda but was
withdrawn by the applicant.Now,the applicant has sent staff a letter dated August 31,
2006 asking for the request to be deferred for three (3)weeks in order to obtain
commitment of purchase of the lots to be developed.Staff is in support of the deferral
request.
E.PLANNING COMMISSION ACTION:(SE PTE M B E R 1 4,2006)
The applicant was present representing the request.There were no registered
objectors present.Staff stated the applicant had submitted a request to defer the item
to the September 28,2006 agenda.Staff stated they were supportive of the
withdrawal 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 of 10 ayes,0 noes and 1 absent.
F.STAFF RECOMMENDATION:
Staff did not receive further proof of imminent construction for review as requested.
Due to lack of information and proof of notice,staff recommends deferral of the
request to October 26,2006 meeting.
PLANNING COMMISSION ACTION:(S E PTE M B E R 28,2006)
Staff informed the Commission that the application needed to be deferred to the October 26,
2006 Agenda in order for the applicant to submit additional information.
2
September 28,2006
ITEM NO.:F Cont.FILE NO.:LA-0006-A
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the October 26,2006 Agenda.A motion to that effect was made.The
motion passed by a vote of 9 ayes,0 nays and 2 absent.
3
September 28,2006
ITEM NO.:FILE NO.:G-23-367
Name:Alley Right-of-Way Abandonment
Location:Block 202,Original City of Little Rock (block
bounded by West16th West17th Broadway and
Spring Streets)
Owner/Applicant:Various owners including Cathedral School,Inc./
Stephen R.Giles
Request:To abandon the north/south 20 foot wide alley
right-of-way (20 feet by 300 feet)located within
Block 202,Original City of Little Rock.
Purpose:After abandonment,the property owners
propose to construct a gate at each end of alley
for controlled access to existing and future
parking areas.
STAFF REVIEW:
A.Public Need for this Ri ht-of-Wa:
As noted in paragraph G.of this report,all of the public utility companies
consent to the right-of-way abandonment.Three (3)of the utilities request
all or part of the area of abandonment be retained as a utility easement.
The Public Works Comment is as follows:
1.Currently stormwater utilities are located within the alley.A utility
easement should be maintained within the abandoned right-of-way.
B.Master Street Plan:
There are no Master Street Plan issues,as the right-of-way is not
classified as a Collector Street or higher.
C.Characteristics of Ri ht-of-Wa Terrain:
The alley right-of-way is currently paved and runs between West 16"and
West 17"Streets.The alley is used to access parking for office,school
and residential uses located along its east and west sides.
September 28,2006
ITEM NO.:1 Cont.FILE NO.:G-23-367
D.Develo ment Potential
After abandonment,the property owners propose to construct a gate at
each end of the alley for controlled access to existing and future parking
areas.The applicant must devise a plan to allow the utilities and
emergency personnel access to the alley area.
The block is located in the Capitol Zoning District.All plans for future
parking,building,etc.must be approved by the Capitol Zoning District.
E.Nei hborhood and Land Use Effect
The east half of Block 202,Original City of Little Rock is occupied by
Cathedral School facilities.The west half of the block contains office and
residential uses.The surrounding blocks contain a mixture of uses within
the Capitol Zoning District.
F.Nei hborhood Position
The Downtown and Pettaway Park Neighborhood Associations were
notified of the abandonment request.As of this writing,staff knows of no
objectors to the abandonment request.
G.Effect on Public Services or Utilities
Wastewater:No objection to abandonment.Retain area of right-of-way
as a utility easement.
Entergy:No objection to abandonment.Retain area of right-of-way as a
utility easement.
Centerpoint Energy:No objection to abandonment.
AT8T (SBC):No objection to abandonment.A ten (10)foot wide utility
easement is required that follows the present route of AT8T's established
facilities.
Water:No objection to abandonment.
H.Reversionar Ri hts
This alley right-of-way was dedicated with the Original City of Little Rock
Subdivision.All reversionary rights will extend equally to the owners of all
adjacent lots within Block 202,Original City of Little Rock.
2
September 28,2006
ITEM NO.:1 Cont.FILE NO.:G-23-367
I.Public Welfare and Safet Issues
Abandoning this alley right-of-way will have no adverse impact on the
public welfare and safety.The Little Rock Fire Department has expressed
no objection to the abandonment request.
SUBDIVISION COMMITTEE COMMENT:(SE PTE M B E R 7,2006)
Stephen Giles was present,representing the application.Staff presented the
issue to the Committee.Mr.Giles explained the future plans for the alley right-of-
way.Commissioner Yates asked about garbage collection.Mr.Giles noted that
the waste collection did not occur within the alley area.The utility comments
were noted.
After the discussion,the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 20 foot wide north/south
alley right-of-way located within Block 202,Original City of Little Rock,subject to
the entire area abandonment being retained as a utility and drainage easement.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
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 8 ayes,0 nays,1 recusal (Stebbins)and 2 absent.The
application was approved.
3
September 28,2006
ITEM NO.:2 FILE NO.:Z-3207-A
Owner:World Traditional Taekwondo Union,Inc.
Applicant:Bob Remow
Location:6210 Baseline Road
Area:1.28 Acres
Request:Rezone from 0-3 to C-3
Purpose:Office,showroom/warehouse
Existing Use:Office,showroom/warehouse
STAFF NOTE:
The applicant submitted a letter to staff on September 6,2006 requesting the
application be withdrawn.Staff supports the withdrawal request.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the applicant submitted a letter on
September 6,2006 requesting the application be withdrawn.Staff supported the
withdrawal request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays and 2 absent.
September 28,2006
ITEM NO.:3 FILE NO.:Z-8097
Owner:Downtown Little Rock Community
Development Corporation
Applicant:Gerald Turner
Location:1512 Commerce Street
Area:0.16 Acre
Request:Rezone from R-5 to R-4
Purpose:Single family residence
Existing Use:Vacant
SURROUNDING LAND USE AND ZONING
North —Single family residences;zoned R-4 and C-3
South —Vacant lots and single family residences;zoned R-5 and R-4
East —Vacant lots and single family residences;zoned R-4
West —Kathleen Peek Apartments;zoned R-5
A.PUBLIC WORKS COMMENTS:
No Comments.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.Bus Route ¹6 (Granite
Mountain Route)runs along Rock Street to the west.
C.P U BLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the MacArthur Park,Pettaway
Park and Hanger Hill Neighborhood Associations were notified of the
public hearing.
September 28,2006
ITEM NO:3 Cont.FILE NO.:Z-8097
D.LAND USE ELEMENT:
This request is located in the Central City Planning District.The Land Use
Plan shows Low Density Residential for this property.The applicant has
applied for a rezoning from R-5 Urban Residence District to R-4 Two
Family District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Commerce 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.This street may require dedication of right-of-way and street
improvements.
~Bi I Pl
A Class III is shown on Commerce Street.A Class III bikeway is a signed
route on a street shared with traffic.No additional paving or right-of-way is
required.Class III bicycle route signage may be required.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered by the Downtown
Neighborhood Action Plan.The housing goal has these objectives
relevant to this case:redevelop vacant lots and promote downtown living.
E.STAFF ANALYSIS:
Downtown Little Rock Community Development Corporation,owner of the
0.16 acre lot at 1512 Commerce Street,is requesting to rezone the property
from "R-5"Urban Residence District to "R-4"Two-Family District.The
rezoning is proposed to allow for construction of a single family residence.
The lot is currently undeveloped.At the time of staff inspection,footings
had been poured in preparation of new single family residential construction.
There is an alley right-of-way along the rear (west)property line.The alley
will be used to access a parking pad in the rear yard area.
The general area contains a mixture of residential uses and vacant lots.
There are single family residences to the north,with C-3 zoning at the
southeast and southwest corners of East 15"and Commerce Streets.
Single family residences and vacant lots are located to the south and east
across Commerce Street.The Kathleen Peek Apartments are located on
the R-5 zoned property to the west.
2
September 28,2006
ITEM NO:3 Cont.FILE NO.:Z-8097
The City's Future Land Use Plan designates this property as Low Density
Residential.The requested zoning change to R-4 does not require a
change to the Land Use Plan.
Staff is supportive of the requested rezoning.Staff views the requested
downzoning of this lot to R-4 for construction of a single family home as a
very minor issue.There has been recent increased interest in new single
family residential home construction in this general area.Staff feels the
requested rezoning to R-4 is appropriate,as the property's immediately to
the north and east (across Commerce Street)are currently zoned R-4.The
requested rezoning should have no adverse impact on the adjacent
properties or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
The applicant was present.There were no objectors present.Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was
approved.
3
September 28,2006
ITEM NO.:4 FILE NO.:LU06-15-02
Name:Land Use Plan Amendment -Geyer Springs West Planning District
Location:Southeast corner of l-30 and University
Receuest:Multi Family to Commercial
Source:Bobby Jones,J.A.Riggs Jr.Trust
The applicant has withdrawn the application.
PLANNING COMMISSION ACTION:(SE PTE M B E R 28,2006)
At the request of the applicant this item was placed on consent agenda for withdrawal.
By a vote of 9 for,0 against the consent agenda was approved.
1
September 28,2006
ITEM NO.:4.1 FILE NO.:Z-8100
Owner:J.A.Riggs Jr.Trust
Applicant:Bobby Jones
Location:Southeast corner of Interstate 30 and
University Avenue
Area:10.82 Acres
Request:Rezone from R-2 to C-4
Purpose:Future commercial development
Existing Use:Undeveloped
STAFF NOTE:
The applicant submitted a letter to staff on September 11,2006 requesting the
application be withdrawn.Staff supports the withdrawal request.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the applicant submitted a letter on
September 11,2006 requesting the application be withdrawn.Staff supported
the withdrawal request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays and 2 absent.
September 28,2006
ITEM NO.:5 FILE NO.:LU06-08-04
Name:Land Use Plan Amendment -Central City Planning District
Location:Either side of Daisy Bates east of Bishop Street
Receoest:Single Family and Mixed Use to Office and Neighborhood Commercial
Source:Ron Woods
PROPOSAL /REQUEST:
Land Use Plan amendment in the Central City Planning District from Single Family to
Office and Mixed Use to Neighborhood Commercial.The proposed Neighborhood
Commercial is a quarter block at the northeast corner of Daisy Bates and Bishop
Streets and the proposed Office is one lot at the southeast corner of Daisy Bates and
Bishop Streets.Neighborhood Commercial includes limited small-scale commercial
development in close proximity to a neighborhood.Office represents services provided
directly to consumers as well as general offices,which support more basic economic
activities.The proposed use of the property is for residential/office and commercial.
Staff is not expanding this application because this area was reviewed within the past
year.
EXISTING LAND USE AND ZONING:
The property is urban residential with one single-family residence and two duplexes.It
is currently zoned 03 General Office District on the north side of Daisy Gatson Bates
Drive and R3 Single Family on the south side of Daisy Gatson Bates Drive.The site is
1 acre +in size.To the east and southeast of this site is zoned C3 General Commercial
and is used for commercial type uses:a beauty parlor,a Church's Chicken and Uncle
T's Food Mart.To the west is currently vacant,and it is zoned 02 General Office for a
new medical clinic and a parking lot.To the southwest is zoned R3 Single Family for
single-family residences.Immediately north of this site is zoned R4 Two Family District,
but it is a vacant lot.Northeast of the area is zoned R5 and currently is used for multi
family housing.The area to the south has a single-family residence on it,and there is
very little space between the application area and this house.To the southwest of this
site,on the southwest corner of Bishop and Daisy Gatson Bates is a Planned Office
Development for a hair salon in a house.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The application site is currently planned for Mixed Use on the north side of Daisy
Gatson Bates Drive.The portion of the application on the south side of Daisy Gatson
September 28,2006
ITEM NO.:5 Cont.FILE NO.:LU06-08-04
Bates Drive is planned for Single Family.To the southwest is also planned for Single
Family Residential.To the east and southeast is planned Neighborhood Commercial,
and to the west is Public Institutional.North of this site is planned for Mixed Office
Commercial.
October 4,2005,Ordinance 19418 amended multiple locations in this area.
Immediately to the west of the application was changed from Mixed Use to
Neighborhood Commercial.To the southeast was changed from Mixed Use to Single
Family.And north of this site at 13"and Bishop was changed from Mixed Office
Commercial to Public Institutional.
March 19,2002,Ordinance 18656 changed multiple areas in this vicinity.Two blocks
between Wolfe and Bishop and north of Daisy Gatson Bates were changed from Public
Institutional and Mixed Use to Mixed Use and Public Institutional.
MASTER STREET PLAN:
Bishop 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.Local Streets that
are abutted by non-residential zoning/use or more intensive zoning than duplexes are
considered as "Commercial Streets".These streets have a design standard the same
as a Collector.Daisy Gatson Bates Drive 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.These streets may require dedication of right-of-way and may
require street improvements.
BICYCLE PLAN:
A Class II route is shown along Daisy Gatson Bates Drive.A Class II bikeway is located
on the street as either a 5'houlder or six foot marked bike lane.Additional paving and
right of way may be required.
PARKS:
According to the Master Parks Plan,this area is within eight blocks of a park or open
space.The application area is located between three different parks:Centennial,
Dunbar,and Ninth Street.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
2
September 28,2006
ITEM NO.:5 Cont.FILE NO.:LU06-08-04
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The area is not covered by a city recognized Neighborhood Action Plan.
ANALYSIS:
The application site is part of an existing residential area in the Central City Planning
District.The application site is on the north and south sides of Daisy L.Gatson Bates
Drive on the east side of Bishop Street.Daisy Gatson Bates Drive is one of the main
entryways into the Central High National Historic District.Central High School National
Landmark is also accessed from downtown via Daisy Gatson Bates.As the entryway to
this national landmark,this street and its development should be closely scrutinized.
Within a half-mile of this application site there are various opportunities for Commercial
uses on the Future Land Use Plan.The intersection of 16"Street and Martin Luther
King Drive is occupied and planned for Neighborhood Commercial.Half a mile to the
south of the application area is Wright Avenue,which is planned for either Mixed Use or
Commercial between Summit and Pulaski Streets.This area has several vacant lots
that could be developed for commercial use.
Currently the portion of the application site on the north side of Daisy Gatson Bates
Drive is planned for Mixed Use.A Planned Zoning Development (PZD)is required with
the Mixed Use category if the use is entirely office or commercial or if the use is a
mixture of the three (residential,office,commercial).A PZD would allow this area to be
scrutinized more closely before development while a change to Neighborhood
Commercial would allow small-scale commercial development without a PZD.While
commercial uses are allowed in both Mixed Use and Neighborhood Commercial,Mixed
Use category is preferable for this site because it requires the PZD.Children's Hospital
is developing the site immediately west of the application area.A site plan review for a
clinic in 02 zoning was required.One block further west on Daisy Gatson Bates Drive
is an old school building that has been converted into apartments.This site was
reviewed through the PZD process for a Planned Development-Residential.In
essence,the two blocks immediately to the west went through a more intense plan
review.In keeping with this trend,this new application site should be required to
complete a PZD as required in the Mixed Use category.
Another point to consider is that the tract of land just east of this application site,the
quarter-block at the northwest corner of Martin Luther King Drive and Daisy Gatson
Bates,is already planned for Neighborhood Commercial,zoned C3,and is vacant.
While there is still vacant Neighborhood Commercial available with no development
pending,a Land Use Amendment without a specific use seems premature.There does
not seem to be a high demand in the area for more commercial uses.There are also
many opportunities for office space to the north of Daisy Gatson Bates Drive.South of
3
September 28,2006
ITEM NO.:5 Cont.FILE NO.:LU06-08-04
Daisy Bates has a land use pattern of single-family residences.North of Daisy Bates is
seeing increasing amounts of Children's Hospital owned property.The medical office
uses will most likely continue to dominate this area north of Daisy Bates.
The portion of the application site on the south side of Daisy Gatson Bates Drive is
planned for Single Family.There is currently a single-family residence on the lot and
there are houses next door and across Bishop Street.These houses are the
northernmost part of a larger area of housing that expands south to Roosevelt.These
houses were built very close together,and there is very little space on the south side of
Daisy Gatson Bates between the proposed office and the single-family house on
Bishop.Also,these single family homes face the side streets.This is an aspect of the
neighborhood that needs to be protected and strengthened.A design review of
development to the north of Daisy Bates can help to protect these side street facing
houses.Again,a change to Suburban office instead of Office could be more
appropriate since the Suburban Office category requires a PZD for the site.The
juxtaposition between the Office and the Single Family needs to be addressed in the
bulk,mass,and use of any proposed development.A change to Office on the Land
Use Plan would be inappropriate because it would not leave any sort of buffer between
the houses and the offices.
Also,the Land Use Plan for this area was just reviewed last year,and Ordinance 19418
amended multiple locations in this area.The three acres adjacent to the east of this
application site was changed from Mixed Use to Neighborhood Commercial.At the
intersection of 15"Street and Dr.Martin Luther King Drive,four acres were changed
from Office to Mixed Use.One block further south was changed from Mixed Use to
Neighborhood Commercial.All these changes were intended to make the Land Use
Plan more reflective of the existing land use,zoning and likely short-term future land
use development of the area.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:Central High
Neighborhood,Inc.and Downtown Neighborhood Association.Staff has not received
any comments.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.Staff believes that not only the use but the
design should be reviewed for the entry to a National Landmark Site such as Central
High School.
4
September 28,2006
ITEM NO.:5 Cont.FILE NO.:LU06-08-04
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
At the request of the applicant this item was placed on the consent agenda for deferral.
By a vote of 9 for,0 against the consent agenda was approved.
5
September 28,2006
ITEM NO.:5.1 FILE NO.:Z-8101
Owner:William and Ron Woods
Applicant:Ron Woods
Location:1311 and 1401 Bishop Street
Area:0.48 Acre and 0.16 Acre
Request:Rezone from 0-3 to C-3 and R-3 to 0-2
Purpose:Future Development
Existing Use:Single family residential structures
SURROUNDING LAND USE AND ZONING
North —Arkansas Children's Hospital uses;zoned 0-3 and 0-2
South —Single family residences;zoned R-3 and R-4
East —Undeveloped property and commercial uses;zoned C-3
West —Undeveloped property and single family residential structures;
zoned 0-2,POD and R-3
A.PUBLIC WORKS COMMENTS:
1.A 20 foot radial dedication of right-of-way is required at the intersection
of S.Bishop Street and West 14"Street.
2.A 20 foot radial dedication of right-of-way at the intersection of alley
and 14"Street.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.Bus Route ¹11 (M.L.King
Route)runs along Martin Luther King Drive to the east.
C.P U BLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the Central High and
Downtown Neighborhood Associations were notified of the public hearing.
September 28,2006
ITEM NO:5.1 Cont.FILE NO.:Z-8101
D.LAND USE ELEMENT:
This request is located in the Central City Planning District.The Land Use
Plan shows Single Family and Mixed Use for this property.The applicant
has applied for a rezoning from 0-3 General Office District to C-3 General
Commercial District and from R-3 Single Family District to 0-2 Office
Institutional District.
A land use plan amendment for a change to Office and Neighborhood
Commercial is a separate item on this agenda.
Master Street Plan:
Bishop 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.Local Streets which area abutted by non-residential zoning/use
or more intensive zoning than duplexes are considered as "Commercial
Streets".These streets have a design standard the same as a Collector.
Daisy Gaston Bates Drive 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.These streets may require dedication of
right-of-way and may require street improvements.
~Hi I Pl
A Class II route is shown along Daisy Gaston Bates Drive.A Class II
bikeway is located on the street as either a 5'houlder or six foot marked
bike lane.Additional paving and right-of-way may be required.
Cit Reco nized Nei hborhood Action Plan:
The area is not covered by a city recognized Neighborhood Action Plan.
E.STAFF ANALYSIS:
William and Ron Woods,owners of the 0.48 acre property at the northeast
corner of Bishop Street and Daisy Bates Drive and the 0.16 acre property at
the southeast corner of the same intersection,are requesting to rezone the
properties from 0-3 to C-3 and R-3 to 0-2 respectively.The rezoning is
proposed for future development.The property at the northeast corner of
Bishop Street and Daisy Bates Drive is comprised of three (3)platted lots
(Lots 4-6,Block 12,Centennial Addition).The property at the southeast
corner of the intersection is one (1)platted lot.
The property at the northeast corner of Bishop Street and Daisy Bates Drive
is occupied by three (3)single family residential structures.The lot at the
2
September 28,2006
ITEM NO:5.1 Cont.FILE NO.:Z-8101
southeast corner is occupied by a brick and stucco single family residence.
There are platted alley rights-of-way along the east side of both properties.
There is a mixture of uses and zoning in this general area.Arkansas
Children's Hospital property is located immediately north and west of the
larger property.There is undeveloped C-3 zoned property and various
commercial uses to the east.Single family residential structures and vacant
lots are located to the south and southwest.
The City's Future Land Use Plan designates the property at the northeast
corner of Bishop Street and Daisy Bates Drive as Mixed Use (MX).The lot
at the southeast corner of the intersection is shown as Single Family (SF).
A Land Use Plan amendment for changes from MX to Neighborhood
Commercial and SF to Office is a separate item on this agenda (LU06-08-
04).
Staff is not supportive of the requested C-3 and 0-2 rezoning.The property
at the northeast corner of Bishop Street and Daisy Bates Drive is shown on
MX on the Future Land Use Plan.The MX designation requires a Planned
Zoning Development (PZD)for any non-residential development of the
property,which includes site plan review.Staff believes that site plan
review for this property is very important.The property immediately to the
west is zoned 0-2 and recently received site plan review approval for an
Arkansas Children's Hospital facility.Additionally,this property is along the
main entry drive to the Central High School area.Staff feels that building
design,building setbacks,parking design and orientation and other various
site plan criteria should be addressed by the Commission with development
of this property.
With respect to the lot at the southeast corner of Bishop Street and Daisy
Bates Drive,staff believes the zoning should remain single family
residential.With the exception of the POD zoning immediately west,the
properties south of Daisy Bates Drive and west of the C-3 zoned property at
the southwest corner of M.L.King Drive and Daisy Bates Drive contain
single family/two-family residences and are zoned R-3 and R-4.There are
also a number of vacant lots in this area.Staff believes that new home
construction could take place in this area in the near future,with renewed
interest in the Central High area of Little Rock.
F.STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 and 0-2 rezonings.
3
September 28,2006
ITEM NO:5.1 Cont.FILE NO.:Z-8101
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the applicant submitted a letter on
September 26,2006 requesting the application be deferred to the November 9,
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 deferral request 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 November 9,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays,and 2 absent.
4
September 28,2006
ITEM NO.:6 FILE NO.:Z-8099
NAME:Shelton Day Care Family Home —Special Use Permit
LOCATION:9802 Tamela Drive
OWNER:Zoshua Shelton
APPLICANT:Zoshua Shelton
PROPOSAL:A special use permit is requested to allow a Day Care
Family Home to be operated in the single family
residence located on the R-2 zoned property at
9802 Tamela Drive.
A.Public Notification:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the Allendale,Santa Monica,
O.U.R.and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
B.B~ff A
9802 Tamela Drive is located on the west side of Tamela Drive,south of
Valley Drive.All surrounding properties are zoned R-2 and contain single
family residences.
The applicant's home is a two-story brick and frame structure,and is
typical of those in the neighborhood.The rear yard is fenced and provides
a safe play area.The applicant proposes to operate the day care from
6:00 a.m.to 7:00 p.m.,Monday through Friday.The applicant has noted
that she will have one (1)employee as required by the State Department
of Human Services.
There is a one-car wide driveway from Tamela Drive.The driveway
extends along the north side of the house,leading to a large parking pad
at the northwest corner of the residence.There is off-street parking for at
least five (5)vehicles.On inspection of the site,staff observed no
vehicles parked on unpaved areas.Staff also observed no vehicles on the
site,which were not operational.
The applicant is currently providing care for two (2)children at this
location.The applicant is in the process of being licensed by the State for
up to ten (10)children.
September 28,2006
ITEM NO:6 Cont.FILE NO.:Z-8099
The principal use of the property will remain single family residential.No
signage beyond that allowed in single family zones will be permitted.The
applicant submitted a copy of the Bill of Assurance for the neighborhood,
which was recorded in 1973.The Bill of Assurance contains the following
language:
"4.The lots in this subdivision shall be used for residential purpose
only.The following front yard,rear yard,and side yard provisions shall
be required for the following usage of the property.
a.Residential Use.The front yard setback shall be 25 feet,the
rear yard shall be 25 feet,the side yard setback shall be,for the main
structure,10 percent of the average width of the lot provided such side
yard need not exceed 8 feet in width,and accessory structures related
to residential use shall be located at least 60 feet from the front
property line,and may be placed no less than 5 feet from the side lot
line."
Section 36-54(e)(3)of the City of Little Rock Zoning Ordinance establishes
the site and location criteria for day care family homes as follows:
Day care family home:
a.This use may be located only in a single family home,occupied by the
care giver and which is the full time residence of the care giver.
b.Must be operated within licensing procedures established by the State
of Arkansas.State regulations shall control the number of employees
residing off premises.
c.The use is limited to ten (10)children including the care givers.
d.The minimum to qualify for special use permit is six (6)children from
households other than the care givers.
e.This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f.After the effective date of this subsection,no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection,the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects,from property line to property line.
2
September 28,2006
ITEM NO:6 Cont.FILE NO.:Z-8099
g.All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17.of the Code.
h.A copy of the day care family home's current State of Arkansas license
must be submitted to the City Collector's Office each year at the time
of payment of the annual business tax.
i.All vehicles must be parked on an on-site paved surface.
j.All vehicles located on the site must be operational.
k.All pick-up and drop-off of children shall be on the property's driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
I.Special Use Permits for day care family homes shall be reviewed by
staff every three (3)years for compliance with the development criteria
and Planning Commission approval.
m.The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner.Permits cannot
be transferred from owner to owner,location to location or use to use.
To staff's knowledge,there are no outstanding issues associated with this
application.Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area.Based on
information provided by the State,there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
Zoshua Shelton was present,representing the application.Staff
presented the proposed special use permit request.Staff noted that
inspection of the site revealed no violation of the ordinance requirements
for day care family homes.Staff noted that the applicant is currently
caring for two (2)children at this location.Staff also explained that this
property is not located within 300 feet of another day care family home or
day care center.
There being no further issues for discussion,the Committee forwarded the
application to the full Commission for final action.
3
September 28,2006
ITEM NO:6 Cont.FILE NO.:Z-8099
D.Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow day care
family home at 9802 Tamela Drive,subject to the following conditions:
1.Compliance with the site and location criteria established in Section
36-54(e)(3).
2.There is to be no signage beyond that permitted in single family zones.
3.Outdoor activities,including playground use,are to be limited to day-
light hours.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Zoshua Shelton was present,representing the application.There was one (1)
objector and one (1)supporter present.Staff presented the item with a
recommendation of approval.
Zoshua Shelton addressed the Commission in support of the application.She
briefly explained the proposed day care use.
Ruth Bell,of the League of Women Voters,spoke in support of the application.
She noted that the League is supportive of day care uses.She stated that the
proposed day care family home was in compliance with the new ordinance
criteria.She explained that day care family homes were appropriate uses in
residential neighborhoods.
Pam Noble addressed the Commission in opposition.She noted that there were
other day care family homes in the area and explained.She also explained that
there was an abundance of day care uses in the southwest Little Rock area.
Commissioner Laha asked Ms.Noble if she had ever operated a business in her
home.Ms.Noble responded that she had not.
Toshua Wiggins spoke in support.She explained that she was the mother of the
two (2)children currently being cared for by Ms.Shelton.She noted that she
preferred day care family homes as opposed to day care centers.
Commissioner Laha asked Ms.Bell about day care uses in residences with
respect to Bills of Assurance.Ms.Bell explained that the City and State have
determined that day care family homes are appropriate for single family
residential areas.
4
September 28,2006
ITEM NO:6 Cont.FILE NO.:Z-8099
There was a motion to approve the application as recommended by staff.The
motion passed by a vote of 7 ayes,2 nays and 2 absent.The application was
approved.
5
September 28,2006
ITEM NO.:7 FILE NO.:Z-8102
NAME:Brewer Group Home —Special Use Permit
LOCATION:1812 Schiller Street
OWNER:Madeline Carter
APPLICANT:Greg Brewer
PROPOSAL:A Special Use Permit is requested to allow a group
home to be operated in the single-family residence
located on the R-3 zoned property at 1812 Schiller
Street.
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 Central High and Wright
Avenue Neighborhood Associations were notified of the public hearing.
B.B~ff A
1812 Schiller Street is located on the west side of Schiller Street,south of
West 18"Street.The property contains a two-story brick and frame
single-family residential structure.There is a two-story accessory garage
structure (old carriage house)in the rear yard,at the northwest corner of
the property.Both structures are currently vacant and in need of repair.
There is a one-car wide driveway from Schiller Street at the northeast
corner of the property.The driveway is partially concrete and extends
along the north side of the residence and into the rear yard.There is
parking for at least three (3)vehicles along this driveway.
The general area contains a mixture of residential uses and zonings.
Single-family residences are located immediately north,south and east of
the site.There is an abundance of R-4 (duplex)and R-5 (multifamily)
zoning in the neighborhood.There is commercial and office zoning along
Wright Avenue to the southwest and southeast.
The applicant,Greg Brewer,proposes to utilize the existing 3,857 square
foot structure as a group home.The 1,262 square foot carriage house will
also be used.The residential facility will serve as a transitional living
facility and provide chemical free living for 14 residents.The principal
structure will provide housing for 12 residents and a resident manager
(basement level).The existing carriage house will house two (2)
residents.There will be six (6)bedrooms in the principal structure,with
September 28,2006
ITEM NO:7 Cont.FILE NO.:Z-8102
two (2)residents per bedroom.The basement level is 680 square feet in
area and will have only the resident manager.
The typical resident is a recovering addict and has successfully completed
a 30-day resident treatment.Residents will be required to be gainfully
employed.There will be house meetings by state licensed counselors
with individual counseling as needed.Residents will also attend outside
meetings.A handbook for the facility has not yet been written.However,
the applicant notes that basic regulations will be as follows:
a)All residents agree to random drug and alcohol testing.Failure to pass
will be cause for dismissal.
b)Residents will have house assignments —cleaning,yard work,etc.
c)Residents will abide by all house rules —curfews,rents,cleaning
duties,continuing care,steady employment.
d)Careful records of all clients will be maintained such as meeting
attendance,duties,income,and general overall recovery
The site is not located on a CATA Bus Route.Bus Route ¹16 (UALR
Route)runs along Wright Avenue to the south.The applicant notes that
some residents may have vehicles (those who are attaining independent
living status).Transportation will be provided by the facility for group
activities.Otherwise,the residents will utilize public transportation.
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.
2
September 28,2006
ITEM NO:7 Cont.FILE NO.:Z-8102
(c)Issues that the planning commission will consider during its
review of a family care facility,group care facility,group home,parolee or
probationer housing facility,or rooming,lodging and boarding facility
include,but are not limited to:
1.Spacing of existing similar facilities.
2.Existing zoning and land use patterns.
3.The maximum number of individuals proposed to be served,the
number of employees proposed and the type of services being
proposed.
4.The need and provision for readily accessible public or quasi-
public transportation.
5.Access to needed support services such as social services
agencies,employment agencies and medical service providers.
6.Availability of adequate on-site parking.
(d)The fire marshal must approve the use of any structure
proposed as a family care facility,group care facility,group home,parolee
or probation housing facility or rooming,lodging and board facility.
(e)Family care facilities,group care facilities,group homes and
parole or probation housing facilities shall be operated within any and all
applicable licensing and procedural requirements established by the State
of Arkansas.
According to an area survey,staff found only one (1)other residential
transitional living facility within 1,500 feet of the property.There is a group
home type use being operated at 1908/1912 Park Street by Gyst House,
which has existed for a number of years.There are currently 12 residents
within the principal structure,and one (1)resident in an accessory
structure.Staff found several other possible illegal transitional living
facilities which are in the process of being investigated.
Based on the information submitted by the applicant,the total area of the
structure and the area per bedroom will comply with Sections 8-406(a)
and (b)of the City's Buildings and Building Regulations Ordinance
(minimum area per dwelling unit and bedroom).The bedrooms range
from 149 square feet to 224 square feet and will each accommodate two
(2)residents.
3
September 28,2006
ITEM NO:7 Cont.FILE NO.:Z-8102
The applicant submitted a copy of the Bill of Assurance for the
neighborhood which was recorded in 1877.The Bill of Assurance is
handwritten and not completely legible.It likely addresses no use issues.
Staff is not supportive of the requested special use permit to allow a group
home at 1812 Schiller Street.Based on the survey conducted by staff,
there is another group home type use less than two (2)blocks from the
site at 1908/1 912 Park Street.Staff feels that another residential facility in
this immediate area is not appropriate.This residential area around
Central High School has seen recent interest in revitalization efforts.Staff
believes allowing additional transitional living facilities in this area could be
detrimental to future revitalization efforts in this historic area of the city.
Staff feels the applicant should seek another location for the proposed
group home,in a neighborhood area with no close proximity to other
residential facilities and preferably on a non-residential street (collector
street or higher).
C.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
Greg Brewer and Terry Burruss were present,representing the
application.Staff presented the application,noting that additional
information was needed on the group home use.There was a brief
discussion of the current condition and history of the structure.The
applicant noted that some of the residents may have their own vehicles
when they are financially able,but at that point they usually move out of
the group home setting.The issue of parking was briefly discussed.
After the discussion,the Committee forwarded her 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 1812 Schiller Street.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the item needed to be deferred to the
November 9,2006 Agenda to resolve issues raised by the City Attorney's Office.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the November 9,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.
4
January 19,2006
P REVIOUS AG E NDA ITEM
ITEM NO.:8 FILE NO.:Z-7784-A
NAME:St.Andrews Church—
Revised Conditional Use Permit
LOCATION:8300 Kanis Road
OWNER/APPLICANT:St.Andrews Church/Ron Tabor and White-Daters
PROPOSAL:A revision to a previously approved conditional use
permit is requested to allow for modification of
buildings,parking and driveways and the addition of a
day care center.The property is zoned R-2.
1.SITE LOCATION:
The property is located on the north side of Kanis Road;just east of
Michael Drive.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoning although it is
bordered on the east,west and south by R-2 zoned properties.Single
family homes are located to the west.The old,Kanis Home Site and Farm
and a recently approved residential subdivision are located to the south.
A nursing home,retirement community and undeveloped 0-2 zoned
property are adjacent to the north.Multiple commercial uses are located
further to the west,near John Barrow Road and Kanis Park is further to
the east.The proposed use of this site as a church campus should be
compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet of the site who could be identified and the John Barrow and
Brownwood Terrace Neighborhood Associations were notified of this
request.
3.ON SITE DRIVES AND PARKING:
The site is proposed to have a single access point;on Kanis Road.
Parking is to all be constructed with the first phase of development.The
Phase II sanctuary will have a seating capacity of 600 persons;requiring
150 parking spaces.The proposed plan shows 227 on-site parking
spaces.
January 19,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
4.SCREENING AND BUFFERS:
Site plan must comply with the City's minimal landscape and buffer
ordinance requirements.
Prior to the any earthwork,it is required to have protective orange fencing
around all of the trees/vegetation shown to be preserved on the
site/grading plan.A sign-off reflecting inspection of proper installation of
the fencing is also required prior to any/all grading on the site.
A 50-foot buffer is required along eastern property line next to the
residentially zoned property.Currently,the detention pond is shown
encroaching into this area.This area is to remain undisturbed.
Screening is required due to the residential use along the western
perimeter of the site.This screening is to be a six (6)foot high opaque
screen,either a wooden fence with its face side directed outward,a wall,
or dense evergreen plantings.Preserved vegetation may suffice for this
screening requirement thus eliminating the need for an opaque fence.
This area is not to be thinned/cleared out and must provide a year around
screening to suffice.
The landscape ordinance requires a minimum of 8%of the paved areas
be landscaped with interior islands of at least 7 '/~feet in width and 150
square feet in area.The western most parking lot is not currently meeting
this minimum requirement.Interior islands should also be evenly
distributed within the parking lot area.
An automatic irrigation system to water landscaped areas will be required.
Prior to a building permit being issued,it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered
Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site.Credit toward fulfilling
Landscape Ordinance requirements can be given when properly
preserving trees of six (6)inch caliper or larger.
5.PUBLIC WORKS COMMENTS:
1.Kanis Road is classified on the Master Street Plan as a minor arterial.
Dedication of right-of-way to 45 feet from centerline will be required.
2
January 19,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
2.Re-alignment of Kanis Road will be required to remove sub-standard
horizontal curvature.Provide a plan showing the re-alignment.
3.Drivers exiting the church facility require at least 445 ft.of intersection
site distance for left-turn maneuvers and 385 ft.for right-turn
maneuvers (based on 2001 Green Book).Plans and profiles along
with a signed statement stating the proposed driveway location
provides the required site distances must be provided.Relocate
driveway east or excavate hillside away from the right-of-way to the
west.
4.With site development,provide design of street conforming to the
Master Street Plan.Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
5.A grading permit in accordance with Section 29-186(c)and (d)will be
required prior to any land clearing or grading activities at the site.Site
grading,and drainage plans will need to be submitted and approved
prior to the start of construction.
6.Driveway shall be concrete apron and not exceed 36 feet in width.
7.Plans of all work in right-of-way shall be submitted for approval prior to
start of work.Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501)379-1817 (Derrick
Bergfield).
8.Provide a sketch grading and drainage plan showing location of
disturbed and undisturbed areas per phase.Per Section 29-189(d),
groups of trees and individual trees that are not to be removed or are
located within required undisturbed buffer areas shall be protected
during construction by protective fencing and shall not be used for
material storage or for any other purpose.
9.A five-year deferral of all street improvements on Kanis Road is not
supported by staff.Staff can support a portion of the street
improvements deferred for five-years or until Phase II construction or
until adjacent property develops or until property on Southside of Kanis
Road develops.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
Southwestern Bell:No Comments received.
3
January 19,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
A Capitol Investment Charge based on the size of connection(s)will
apply to this project for connections off the existing 12-inch main in
addition to normal charges.
Additional fire hydrant(s)will be required.Contact the Little Rock Fire
Department to obtain information regarding the required placement of
the hydrant(s)and contact Central Arkansas Water regarding
procedures for installation of the hydrant(s).If there are facilities that
need to be adjusted and/or relocated,contact Central Arkansas Water.
That work would be done at the expense of the developer.This
development will have minor impact on the existing water distribution
system.Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Fire Department:One additional fire hydrant may be required and day
care center may be required to be fire sprinkled.Contact LRFD Fire
Marshall at 918-3710.
County Planning:No Comments.
CATA:The site is located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT:(DECEMBER 22,2005)
The applicant was present.Staff presented the item and noted additional
information was needed regarding building design and height,signage,site
lighting and dumpster location.Staff asked the applicant to provide additional
information on the proposed day care;including days and hours of operation,
maximum enrollment and number of employees.Staff asked that a phasing plan
for the parking lot and driveways be provided.Staff asked the applicant to
provide an explanation for an area on the site plan labeled as "temporary
parking".The applicant responded that the area would only be used for overflow
services and was the site of the Phase II building.The applicant stated he would
consider removing that note from the plan.Staff suggested moving the proposed
playground to a point 105 feet from the western property line,to limit the impact
on adjacent single family homes.
Public Works,Utility and Landscape Comments were discussed.There was a
general discussion of the timetable for making improvements to Kanis Road.
The applicant stated he would work with Public Works staff to address the issue.
It was noted that additional buffering was required on the eastern perimeter and
4
January 19,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
more interior landscaping was needed in the western parking lot.Staff stated all
areas to be undisturbed or preserved were to be protected by reflective orange
fencing during construction and inspected prior to construction.
The applicant was advised to respond to staff issues by Wednesday,
December 28,2005.The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On February 3,2005,the Planning Commission approved a conditional use
permit to allow for the phased development of this R-2 zoned property by St.
Andrews Church.The approval included five buildings and 225 parking spaces,
a playground and an amphitheater.No development has occurred yet.
The applicant is requesting approval of a revision to the approved C.U.P.to allow
for slight modification of building and parking design and the addition of a
daycare/mother's day out program.
Phase I will consist of a two-story,35,000 square foot multipurpose building,
which will be used for worship services,classes and offices.The driveway and
all parking are to be built with Phase I.Phase II will consist of the two-story,
60,000 square foot sanctuary building.This building will have a height of 45 feet
with an additional 20 feet of steeple height.Phase III consists of a two-story,
19,600 square foot classroom and office building.Phase IV consists of a two-
story,17,000 square foot classroom building.Phase V consists of a two-story,
30,000 square foot multipurpose building.Phasing of the playground,
amphitheater and walking paths is not indicated.An 8-foot tall fence is proposed
to encircle the site.The fence will be black chain link on the rear and sides and
wrought iron on the front.
A 50-foot buffer,35 feet of which will remain undisturbed,is shown along the
western perimeter where the site is adjacent to single family.The plan has been
adjusted to provide a 50-foot buffer on the eastern perimeter,where the site is
adjacent to undeveloped R-2 zoned property.This undeveloped property to the
east is shown as "future development"and will remain wooded at this time.
Signage is to consist of a single ground-mounted sign and building identification
wall signage.Signage will comply with standards for office and institutional
zones.The buildings are proposed to be constructed with brick and board and
batten exteriors with pitched,shingled roofs.The church also proposes a lighted
cross on the steeple.Site lighting will be shielded downward and into the site.
The amphitheater will be used for outdoor functions,youth activities and
weekend retreats.
On December 28,2005,the applicant submitted responses to the issues raised
at Subdivision Committee.The dumpster and required screening have been
located at the northwest corner of the Phase I building.Due to the proximity of
5
January 19,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
single family homes,servicing of the dumpster should be limited to regular
business hours;7:00 a.m.—6:00 p.m.Screening in the form of a 6-foot tall
opaque fence or dense evergreen plantings will be added to the west perimeter if
the preserved vegetation is not dense enough to provide sufficient screening.
The playground has been moved to the east to provide a 100-foot setback from
the west property line.
Overall,the principal differences between this plan and the approved plan are:
(1)building area has been reduced from 178,600 square feet to 161,600 square
feet,(2)the addition of parking west of the buildings where previously only a
driveway was shown;and (3)the addition of a daycare/mother's day out
program.
The applicant has stated the day care/mother's day out program will operate
Monday through Friday,8:30 a.m.to 11:30a.m.No numbers were provided for
enrollment or employees.The applicant states this use is not immediate;best
projection is 18 months before start up.Total numbers will be determined by
demand and DHS regulations.Staff would suggest setting enrollment and
employee caps of 75 and 20 respectively.If,at some point in the future,
additional numbers are needed,the applicant can return to the Commission.
Otherwise,the sole remaining issue appears to be the timing of required
improvements to Kanis Road.Staff is continuing to review the issue and is
supportive of a limited deferral of some of the improvements for 5 years or until
Phase II.Staff also would prefer to see road improvements on the north side of
Kanis coincide with development on the south side.A recommendation on this
issue will be provided.
Staff believes the proposed revision to the approved C.U.P.is appropriate.The
applicant has done a good job of responding to issues raised by staff.This
acreage tract is not covered by a bill of assurance.
STAFF RECOMMENDATION:
Staff recommends approval of the requested revision to the approved C.U.P.
subject to compliance with the following conditions:
1.Compliance with the comments and conditions outlined in Sections 4,5 and 6
of the agenda staff report.
2.All site lighting is to be shielded downward and into the site.
6
January 19,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
3.All buffer areas and undisturbed areas are to be marked and protected by
construction fencing during all phases of construction.
4.The use of any amplification associated with the amphitheater is to be such
that the sound does not travel beyond the perimeter of the site.
5.The day care/mother's day out program is to be limited to an enrollment of 75
children with 20 employees.
6.Pickup/service of the dumpster is to be limited to the hours of 7:00 a.m.to
6:00 p.m.
7.Use of the playground area is to be limited to day light hours.
Staff recommends approval of the requested height variance to allow the
sanctuary building to be 45 feet in height with an additional 20 feet for the
steeple.
Staff recommends approval of a fence height variance to allow the 8-foot fence
subject to the fence along the street frontage being constructed of wrought iron
with or without brick columns.The columns shall not extend more than 2 feet
above the fence height.
PLANNING COMMISSION ACTION:(JANUARY 19,2006)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the "Staff Recommendation"above.Staff also
recommended approval of the building height and fence height variances as
noted in the "Staff Recommendation"above.Staff also added the following
comment for the record;"With development,St.Andrews is going to do
improvements on their side of Kanis Road consisting of excavation and some
widening to relieve the sight distance problem in accordance with "Green Book"
Transportation Standards.Public Works supports a deferral of the requirement
of the boundary street ordinance for 5 years or until Phase II development,or
until adjacent development including development across Kanis Road,occurs."
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff,including all comments and conditions and the building and fence height
variances.The vote was 10 ayes,0 noes and 1 absent.
7
September 28,2006
ITEM NO.:8 FILE NO.:Z-7784-A
NAME:St.Andrews Church —Street Improvement Deferral
LOCATION:8300 Kanis Road
OWNER/APPLICANT:St.Andrews Church/Ron Tabor
PROPOSAL:St.Andrews is requesting modification to the
language of the previously approved street
improvement deferral associated with development of
this R-2 zoned site for a church.
STAFF REPORT:
On February 3,2005,the Planning Commission approved a conditional use
permit to allow for the phased development of this R-2 zoned property by St.
Andrews Church.The approved included five buildings,225 parking spaces,a
playground and an amphitheater.
On January 19,2006,a revision to the C.U.P.was approved to allow for slight
modification of building and parking design and the addition of a day
care/mother's day out program.
Associated with the revised C.U.P.was a deferral of half-street construction
requirements for Kanis Road.With Phase I,the church will be doing work
including excavation to relieve sight-distance problems and widening of the road
at the driveway.The deferral language of Ordinance No.19,498 passed by the
Board on March 7,2006 states "roadway improvements to the requirements of
the Master Street Plan will be deferred for a period of five years,or construction
of Phase 2,or until adjacent development,or development across Kanis Road
occurs."Development of the property across Kanis Road is now occurring,
effectively nullifying the five-year deferral.
Staff has worked with the church and is supportive of modifying the language of
the street improvement deferral to remove development across Kanis Road as a
trigger for street construction on the church's side of the road.
The new language will be that roadway improvements to the requirements of the
Master Street Plan will be deferred for a period of five years,or construction of
Phase 2,or until adjacent development;whichever occurs first.
No changes are proposed to the approved C.U.P.,including all previous
comments and conditions.A copy of the previous approval is attached for the
Commission's information.
September 28,2006
ITEM NO.:8 Cont.FILE NO.:Z-7784-A
STAFF RECOMMENDATION:
Staff recommends approval of the street improvement deferral for a period of five
years,or construction of Phase 2,or until adjacent development,whichever
occurs first.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
The applicant was present.There were no objectors present.Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was
approved.
2
September 28,2006
ITEM NO:9 FILE NO.:Z-7935-A
Name:Vedant Society of Arkansas—
Revised Conditional Use Permit
Location:10224 Nash Lane
~O/A Vedant Society of Arkansas
~Pro oaal:Revision to previously approved conditional
use permit to allow an increased capacity and
parking for the worship center on this R-2
zoned property.
STAFF REPORT:
After the Subdivision Committee meeting on September 7,2006,it was
determined that the item needed to be deferred to allow the applicant time to
engage a design professional to prepare a site plan.Staff recommends deferring
the item to the November 9,2006 Commission meeting with a revised site plan to
be submitted in time for review at the October 19,2006 Subdivision Committee
meeting.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the application needed to be deferred to the
November 9,2006 Agenda to allow the applicant time to have a site plan
prepared.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the November 9,2006 Agenda.A motion to that
effect was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.
September 28,2006
ITEM NO.:10 FILE NO.:Z-8096
NAME:Henson Multisectional Manufactured Home—
Conditional Use Permit
LOCATION:15612 Chicopee Trail
OWNER/APPLICANT:Christina Henson/James Henson
PROPOSAL:A conditional use permit is requested to allow for
placement of a multisectional manufactured home on
this heavily wooded,3+acre,R-2 zoned tract.
1.SITE LOCATION:
The site is located on the north side of Chicopee Trail,east of Crystal
Valley Road.The property is outside of the city limits,within the City'
Extraterritorial jurisdiction.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is rural in nature,comprised
primarily of single-family residences on larger tracts.The homes range
from single wide mobile homes to manufactured homes and a variety of
site-built houses.There is a single wide,40 year old mobile home on the
front portion of this lot that will be removed when the proposed
multisectional home is placed on the tract.The proposed home is to be
placed some 500 feet off of the street,in the rear portion of the heavily
wooded lot.Staff believes the proposed home is compatible with uses in
the area.
All owners of properties located within 200 feet of the site,all residents
within 300 feet of the site who could be identified and the SWLR United for
Progress and Crystal Valley Neighborhood Associations were notified of
this request.
3.ON SITE DRIVES AND PARKING:
A new driveway will be extended from the street back to the new home.A
driveway permit has been approved and issued by the Pulaski County
Road and Bridge Department.There is sufficient parking area to
accommodate the required one parking space.
September 28,2006
ITEM NO.:10 Cont.FILE NO.:Z-8096
4.SCREENING AND BUFFERS:
No Comments.
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Outside service boundary.No Comments.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
Southwestern Bell:Approved as submitted.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.Contact Central Arkansas
Water if larger and/or additional water meter(s)are required.Approval
of the City of Little Rock is required prior to water service being
available.
Fire Department:Outside of City of Little Rock.Provide statement from
local Volunteer Fire Department indicating approval and ability or
provide service (provided by applicant).
County Planning:No Comments received.
CATA:Outside of CATA service area.
SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
James Henson was present representing the applicant.Staff presented the item
and noted there was no additional information needed.Staff informed the
Committee that approval had been received from the local volunteer fire
department.It has also noted that approval had been presented from the
Arkansas Department of Health and Human Services for the sewage disposal
system.
2
September 28,2006
ITEM NO.:10 Cont.FILE NO.:Z-8096
In response to a question from the Committee,Mr.Henson stated the home
would be sited on the property in compliance with the standards established by
Section 36-254(d)(5).
There was no further discussion.The item was forwarded to the full
Commission.
STAFF ANALYSIS:
The R-2 zoned lot located at 15612 Chicopee Trail is currently occupied by a
1968 model,12'60",single wide mobile home.The home is located on the
front portion of the lot,near the road.The property is located outside of the city
limits,within the City's extraterritorial jurisdiction.The existing mobile home is
nonconforming,having been placed on the property prior to the City exercising
zoning jurisdiction in the area.
The applicant is requesting approval of a conditional use permit to allow
placement of a new multisectional manufactured home on the lot.The proposed
home is a 2006 model,measuring 32'78'2,400 square feet).The proposed
home will have a pitched,shingled roof and siding.The home will be placed on
the site in compliance with the siting criteria of Section 36-254(d)(5);including
underpinning and permanent foundation.Pulaski County has approved a
driveway permit.The Crystal Fire Protection District has submitted a letter of
approval.The State Health Department has approved the plan for the sewage
disposal system.
The lot is heavily wooded.The proposed home will be located well back on the
lot,approximately 500 feet off of the road.A new driveway has been cut through
the woods to a cleared site where the home will be placed.The existing,
nonconforming mobile home will be removed upon approval of the request for the
new home.
Staff is supportive of the request.The property is located in an area that
contains a variety of housing types;including single wide and multisectional
mobile homes and manufactured homes and site built homes.The proposed
home is not out of character with other homes in the area.The proposed home
will be located approximately 500 feet off of Chicopee Trail,on a heavily wooded
lot.The home will be well screened from the street and from other properties.It
is important to note that the existing,1968 Model,nonconforming single wide
mobile home which is located on the front of the property will be removed.Staff
believes the proposed "trade-out"will be a positive change for the neighborhood.
There is no bill of assurance issue as the Subdivision's bill of assurance expired
in 1970.
3
September 28,2006
ITEM NO.:10 Cont.FILE NO.:Z-8096
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following siting criteria from Section 36-254(d)(5)of the
Code:
a.A pitched roof of three (3)in twelve (12)or fourteen (14)degrees or
greater.
b.Removal of all transport elements.
c.Permanent foundation.
d.Exterior wall finished so as to be compatible with the neighborhood.
e.Orientation compatible with placement of adjacent structures.
f.Underpinning with permanent materials.
g.All homes shall be multisectional.
h.Off street parking per single-family dwelling standard.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Christian Henson was present,representing the application.There were no
objectors present.Staff presented the application with a recommendation of
approval.
Christian Henson addressed the Commission in support of the application.
Commissioner Laha asked if anyone lived in the existing single-wide mobile
home on the property.Ms.Henson explained that the mobile home was vacant.
She stated that it was rented up until June,2006.
Commissioner Yates asked if there was a Bill of Assurance for the property.
Staff explained that the Bill of Assurance for the subdivision expired in 1970.
Commissioner Yates noted that the applicant should check with the State for any
permits needed for grading the property.
There was a motion to approve the application as recommended by staff.The
motion passed by a vote of 8 ayes,1 nay and 2 absent.The application was
approved.
4
September 28,2006
ITEM NO.:11 FILE NO.:Z-8103
NAME:Full Faith Christian Academy Day Care Center—
Conditional Use Permit
LOCATION:5603 Fisher Street
OWNER/APPLICANT:Faith in the Word Ministries,Inc./
Pastor James Alexander
PROPOSAL:A conditional use permit is requested to allow this
existing church to add a day care center.The
property is zoned R-2.
1.SITE LOCATION:
The site is located on the southwest corner of Woodson and Fisher,
1,000+feet north of Young Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located just on the western edge of the Wakefield
Neighborhood.Wakefield Park is located across Woodson,to the east.
Single family homes are adjacent to the west and south and across Fisher
to the north.Another church is located further south,on the east side of
Woodson.Allowing this existing church to operate a small day care
center,utilizing the church classrooms and facilities,should not affect the
church's continued compatibility with the neighborhood.
All owners of properties located within 200 feet of the site,all residents
within 300 feet who could be identified and the SWLR United for Progress
and Wakefield Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The property has two paved driveways onto Woodson Road.The parking
lot is located between the front of the building and Woodson.Portions of
the parking area are paved and portions are gravel.There appears to be
room for 25-26 vehicles on the site.The church sanctuary holds 120
persons.The day care which will have an enrollment of 38 children with a
total staff of 8,requires 11 parking spaces.There is sufficient parking
and drop-off space on the site for the day care.
September 28,2006
ITEM NO.:11 Cont.FILE NO.:Z-8103
4.SCREENING AND BUFFERS:
No Comments.
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
AT8T (SBC):Approved as submitted.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.
Fire Department:No Comments received.
County Planning:No Comments.
CATA:The site is not located along a CATA Bus Route.The nearest
routes are located west of the site,along Geyer Springs Road.
SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
The applicants were present.Staff presented the item and noted little additional
information was needed.In response to a question from staff,the applicants
stated the day care would operate 6:00 a.m.—6:00 p.m.,Monday —Friday.Staff
noted Fire Marshall's approval would be required prior to the issuance of a City
business license.The applicants responded that the Fire Marshall had already
made an inspection and they were in the process of putting in lighted exit signs
and an additional exit door.
Staff informed the Committee that there would be no playground on the site,that
the State Department of Human Services had approved use of Wakefield Park as
a playground.Staff stated that the City's Parks Department had confirmed that
use of the park was allowed.The applicants were asked to coordinate use of the
park with the Parks Department.
2
September 28,2006
ITEM NO.:11 Cont.FILE NO.:Z-8103
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Faith in the Word Ministries Church is located on the R-2 zoned property at 5603
Fisher Street.The property contains a one-story,brick and frame building and a
partially paved parking lot.This small church has a sanctuary that seats
approximately 120 persons.The church is requesting approval of a conditional
use permit to allow a day care center to be operated,utilizing the classrooms
and fellowship hall.The day care will have an enrollment of 38 children,with
8 employees including the director.Days and hours of operation are Monday—
Friday,6:00 a.m.—6:00 p.m.
The church has an existing,monument style ground mounted sign.Signage for
the day care will consist of a wall sign on the front facade of the building.The
sign is not proposed to exceed 8 square feet in area.The church does not have
an approved kitchen,so lunch will be catered in.There will be no playground on
the site.Outside play activities will take place in Wakefield Park,a City Park
located directly across the street from the church.
There is sufficient parking and drop-off space on the site to accommodate the
day care.The bill of assurance does not address use issues.
To staff's knowledge,there are no outstanding issues.Allowing the proposed
small day care center to be operated in this existing church should have no
impact on nearby properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P.subject to final approval by
the Fire Marshall's office.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Reverend and Mrs.James Alexander were present,representing the application.
There were no objectors present.Staff presented the application with a
recommendation of approval.
The Alexanders addressed the Commission in support of the application.They
noted that there was a petition in support of the application.They also explained
the use of the park for a playground area.
3
September 28,2006
ITEM NO.:11 Cont.FILE NO.:Z-8103
Commissioner Yates asked about crossing Woodson Street with the children.
Mrs.Alexander explained that there would be additional staff during the
playground times.Staff noted that the applicant could contact Public Works and
request a crosswalk at the corner of Fisher and Woodson.
Chairman Stebbins asked about another day care use to the south.Staff noted
no knowledge of the day care.Reverend Alexander explained that the property
in question was vacant.
Commissioner Laha asked about the size of the property and parking.Staff
explained that there was partially paved parking between the church building and
Woodson Street.Commissioner Laha expressed concern with the safety of
children crossing the street to the park.Commissioner Yates explained that he
visited the property and there was sufficient space for parking and drop-off/pick-
up of children.
There was a motion to approve the application as recommended by staff.The
motion passed by a vote of 8 ayes,1 nay and 2 absent.The application was
approved.
4
September 28,2006
ITEM NO.:12 FILE NO.:Z-8104
NAME:Rawls Electronics Recycling Center—
Conditional Use Permit
LOCATION:801 South Chester Street
OWNER/APPLICANT:Clarence Rawls
PROPOSAL:A conditional use permit is requested to allow an
electronics recycling center utilizing the garage bays
in this existing service station building.The property
is zoned UU.
1.SITE LOCATION:
The site is located at the southeast corner of Chester and West 8"
Streets.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the densely developed downtown area.Uses
are varied in the immediate area;including warehouses,a television
studio,restaurants,theatre,the Central Fire Station and the l-630
Interstate.The recycling facility consists of receiving and storing
electronics in the existing garage bays.There will be no outside storage
of materials.Since the use will be enclosed,staff believes the use could
be compatible with uses in the area.
All owners of properties located within 200 feet of the site,all residents
within 300 feet of the site who could be identified and the Downtown
Neighborhood Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
The site is fully developed with driveways onto West 8"Street only.No
access is permitted onto Chester Street due to the proximity of the site to
the l-630/Chester Street interchange.Parking is available at both pump
islands and in front of the building.There appears to be adequate parking
available for the proposed use.
4.SCREENING AND BUFFERS:
No Comments.
September 28,2006
ITEM NO.:12 Cont.FILE NO.:Z-8104
5.PUBLIC WORKS COMMENTS:
1.Chester Street is classified on the Master Street Plan as a minor
arterial.A dedication of right-of-way 45 feet from centerline will be
required.Provide survey showing centerline of Chester Street.
2.A 20 feet radial dedication of right-of-way is required at the intersection
of Chester Street and 8"Street if not already dedicated.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
AT8T (SBC):No Comments received.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.
Fire Department:No Comments received.
County Planning:No Comments.
CATA:The site is located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
The applicant was present.Staff presented the item and noted little additional
information was needed.Staff requested the applicant provide the days and
hours of operation and describe measures to prohibit after-hours dumping on the
site.Staff asked the applicant to locate the dumpster on the site plan.
The applicant responded that there will be no dumpster on the site.The
applicant stated that,unlike other recycling drop-offs the City has had experience
with,there will be no outside recycling containers that might tempt someone to
leave items after hours.
In response to a question,the applicant stated he would use a box truck for some
pick-up of recyclables from area businesses and a semi-truck would come to the
site on a regular basis to pick up collected materials and transfer them.
2
September 28,2006
ITEM NO.:12 Cont.FILE NO.:Z-8104
Public Works Comments were noted.
The applicant was advised to respond to staff issues by September 13,2006.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The UU zoned property located at 801 South Chester Street is occupied by a
vacant service station.The applicant is in the process of reopening the service
station for the sales of bio-fuels.The applicant also proposes to operate an
electronics recycling facility on the site.It is the recycling center that requires a
C.U.P.in the UU district.
The site is proposed to be used as a transfer station for temporary storage of
electronic materials enroute to reuse or recycling.Such electronic materials
include computers and peripherals,fax machines,copiers,cell phones,
microwaves and other devices containing electronic components.Hazardous
waste will not be stored at the site.Electronic materials collected would be taken
from offices or homes to this facility in order to be palletized and then shipped to
an electronics processing facility.The materials will be kept in the building,in the
former service bays.There will be no outside storage.The applicant will utilize a
box truck for some pick-up of items.A semi-truck will regularly visit the site to
pick up the collected items for transfer.
Hours of operation for the recycling center have not been finalized but the
applicant anticipates accepting materials during the hours of 8:00 a.m.—4:00
p.m.,Monday through Friday.The applicant's business plan focuses on
receiving materials from area businesses.The center will not be presented as
being generally open to the public.The applicant anticipates offering consumer
e-waste on Saturday mornings from 7:00 a.m.—12:00 noon.Hours of operation
are not a sensitive issue due the site's relationship with surrounding uses and
zoning.
Signage will be restricted to wall/canopy placement and will fall within applicable
standards for UU zoning.There will be no outside storage of materials or
equipment other than the applicants box truck,which is used for pick-up of
electronics.
There is no bill of assurance issue for this Original City of Little Rock site.
Staff is supportive of the proposed use.Allowing this enclosed recycling
operation,as proposed,should have no effect on nearby properties.
3
September 28,2006
ITEM NO.:12 Cont.FILE NO.:Z-8104
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P.subject to compliance with
the following conditions:
1.Compliance with the comments and conditions outlined in Sections 5 of the
agenda staff report.
2.There is to be no outside storage of materials or equipment.
3.The recycling center is to be only for recycling of electronics.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
The applicant was present.There were no objectors present.Staff presented
the application with a recommendation of approval.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval.A motion to that effect was made.The motion
passed by a vote of 9 ayes,0 nays,and 2 absent.The application was
approved.
4
September 28,2006
ITEM NO.:13 FILE NO.:Z-8105
NAME:Alexander Accessory Dwelling—
Conditional Use Permit
LOCATION:109 South Martin Street
OWNER/APPLICANT:Mary Alexander
PROPOSAL:A conditional use permit is requested to allow for
construction of a two-story accessory dwelling on this
R-3 zoned lot.
1.SITE LOCATION:
The property is located on the east side of Martin Street;just south of
West Markham Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area that is predominately single family in use and
zoning.South of Markham Street,the majority of homes are one-story,
Craftsman style.North of Markham,two-story homes are more common.
A two-story multifamily building is located across Martin Street to the
northwest.A single family residence being used as a Quaker meeting
house is located west of the apartments.While staff is generally
supportive of the concept of an accessory dwelling,there are concerns
abut the height and scale of the proposed structure.Staff believes it could
be more compatible with the immediate neighborhood if it were one-story
and smaller in area.
All owners of property located within 200 feet of the site,all residents
within 300 feet of the site who could be identified and the Capitol
View/Stifft Station and Hillcrest Neighborhood Associations were notified
of this request.A letter of support was submitted by the Capitol View/Stifft
Station Neighborhood Association.
3.ON SITE DRIVES AND PARKING:
The existing single family residence and accessory dwelling each require
one on-site parking space.The property has a long,concrete-paved,
single-wide driveway off of S.Martin Street.The applicant proposes to
construct a paved parking space off of the alley,adjacent to the accessory
dwelling.The proposed parking complies with ordinance requirements.
September 28,2006
ITEM NO.:13 Cont.FILE NO.:Z-8105
4.SCREENING AND BUFFERS:
No Comments.
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available to this property.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
AT8T (SBC):No Comments received.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.
Fire Department:No Comments received.
County Planning:No Comments.
CATA:The site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 7,2006)
The applicant was present.Staff presented the item and noted information was
needed regarding the design of the structure.The applicant responded that it
would be similar to the existing house;most likely with wood siding.Staff noted
the variances associated with the request and suggested that the structure
should have the required three (3)foot side yard setback.The applicant
responded that providing a three (3)foot side yard while maintaining the same
size structure would require removing a large oak tree.Staff noted for the record
that the property owner must occupy one of the dwellings.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
2
September 28,2006
ITEM NO.:13 Cont.FILE NO.:Z-8105
STAFF ANALYSIS:
The R-3 zoned property located at 109 South Martin Street is occupied by a one-
story,brick and frame single family residence and a one-story,detached,frame
accessory building.The applicant proposes to remove the accessory building
and build in its place a two-story accessory dwelling.The applicant plans to use
the accessory dwelling as a residence for her elderly mother or for herself if her
mother is physically better off to live in the principal dwelling.The applicant
proposes to rent the accessory dwelling once her mother no longer needs it.
Separate utilities are requested.An additional parking pad will be constructed
next to the structure,taking access off of the alley.
There are three (3)variances associated with the proposal.Section 36-252(a)(6)
of the code permits the two-story type of construction for accessory dwellings
when the ground floor is occupied as an automobile garage or accessory storage
for the dwelling units on the lot.The applicant proposes a two-story structure
with both floors being occupied as the accessory dwelling.Section 36-252(a)(2)
states "In no case shall the floor area of the accessory dwelling exceed that of
the principal dwelling."The proposed 20'36'wo-story accessory dwelling will
have a floor area of 1.440 square feet.The principal dwelling has an area of
29.2'45.5',or 1,328 square feet.Section 36-156(2)(f)of the code requires
accessory buildings to have at least a three (3)foot setback from the side
property line.The applicant proposes to build on the existing foundation,which
has a side yard setback of one (1)foot.The applicant states to move the
building to provide the three (3)foot side yard while maintaining the size would
require removing an oak tree.
While staff is generally supportive of the concept of allowing an accessory
dwelling,there are concerns with the specifics of this proposal.It is staff's
opinion that permitting the two-story accessory dwelling goes beyond the intent
of the code in permitting such dwellings.That concern is amplified by the fact
that the proposed accessory dwelling will have a floor area that actually exceeds
that of the principal dwelling.Furthermore,staff believes the applicant should
provide the required three (3)side yard.The impact of the reduced setback is
increased by increasing the height of the structure from one to two stories.The
applicant could provide the required setback and still protect the tree by reducing
the size of the proposed structure.
The 1899 bill of assurance does not address use issues.The Capitol View/Stifft
Station Neighborhood submitted a letter of support.
STAFF RECOMMENDATION:
Staff recommends denial of the application as proposed.
3
September 28,2006
ITEM NO.:13 Cont.FILE NO.:Z-8105
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff informed the Commission that the applicant had amended the application
by reducing the building footprint to 18'36'nd by providing the required
3'ideyardsetback.The area of the proposed accessory dwelling is now less than
the area of the existing principal dwelling.
Staff recommended approval of the CUP as amended,subject to compliance
with the following condition:
1.One of the dwellings must be occupied by the property owner.
Staff recommended approval of the request to have separate utilities and of the
variance to allow the two-story construction.Staff noted that a letter of support
was submitted by the Capitol View/Stifft Station Neighborhood Association.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as amended and recommended by staff.A motion
to that effect was made.The motion passed by a vote of 9 ayes,0 nays and
2 absent.
4
September 28,2006
ITEM NO:14
SUBJECT:Planning Commission receipt and acceptance of a proposed
ordinance amendment package for 2006;directing the Plans
Committee to proceed with review and forwarding the results
of that review for public hearing.
STAFF REPORT:
The subjects in this proposal were offered by staff and citizens over the past
several months.If the Commission accepts this material as the 2006 Work
Program for ordinance amendments,staff will immediately distribute the material
to contact persons.Comments received will be forwarded to the Plans
Committee for inclusion within the discussion.
Once the Plans Committee completes its review,the completed package will be
returned to the Commission.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff presented the proposed amendment package and recommended that the
Commission set the public hearing for November 9,2006.There was no further
discussion.The item was placed on the Consent Agenda and approved by a
vote of 9 ayes,0 noes and 2 absent.
2606
ZONING —SUBMVISIOX
GRMXAXCK
AMENDMENT PR()POSALS
ZONING AND SUBDIVISION ORDINANCE
2006 ORDINANCE AMENDMENT PROPOSALS
DRAFT 'I DATE Se tember 28 2006
~SUb act ~prt art t Pa ein Text
A.Clean-up matter to move "Retail uses not listed 3
(enclosed)"from conditional use to permitted use in the C-
2 Shopping Center District.
B.Clean-up matter to add "food store"as a permitted use in
the C-2 Shopping Center District.
C.Clean-up matter to correct the required number of votes 5
required for action by the Board of Zoning Adjustment.
D.A proposal to allow fence columns or supports to exceed 6
the allowable height of a fence.
E.A proposal to allow single family residence as a permitted 7
use in the R-5 Urban Residence District.
F.A proposal to require the submittal of information in an 8
electronic format for subdivision/multiple building site plan
review appllcatlons.
G.A proposal to provide a procedure for variances from the 9
criteria of the Central City Design Overlay District.
H.A proposal to move the responsibility for reviewing 10
development of Parks and Recreation to the Parks ancl
Recreation Commission.
A proposal to require screening of vehicles in parking 'la
structures in the Urban Use District.
Priority:
(1)Urgent need
(2)Need
(3)Text Cleanup can wait.
Page
ZONING AND SUBDVISION ORDINANCE
2006 ORDINANCE AMENDMENT PROPOSALS
DMFT DATE Se tember 28 2006
S~ub ect ~prtcrit
A proposal to allow the Planning Commission to approve 'l3
variances from the provisions of the Subdivision
Ordinance with appeals to the Board of Directors.
K.A proposal to permit the Planning Commission to consider 16
the compatibility of a proposed Subdivision with existing
surrounding development when reviewing a preliminary
plat.
L.A proposal to amend the definition of building height.19
M.
N.
O.
P.
Q,
Priority:
('I)Urgent need
(2)Need~3Text Cleanup can wait.
Page 2
2006 PROPOSED ORDINANCE AMENDMENTS
DRAFT 1
DATE Se tember 28 2006
PROBLEM:Clean-u matter to move "Retail SOURCE:Staff
uses not listed enclosed "from conditional
use to ermitted use in the C-2 Sho in
Center District.
CLJRRENT ORDINANCE LANGUAGE:
"Retail uses not listed (enclosed)"is listed as a conditional use in the C-2 District;Section 36-300(c)(2)1,
STAFF REPORT:()
The C-2 zoning district is established to provide for regional scale shopping facilities.It is intended toservethebroadcommercialneedsofthecommunity,yet the current list of permitted retail uses issomewhatlimited.The use listing "retail uses not listed (enclosed)"should be moved from conditionalusestopelmltteclluses,
SUGGESTED TEXT:()
Amend Section 36-3GG(c)(2)to remove "retail uses not listed (enclosed)out of the C-2 conditional use list
and amend Section 36-3GG(c)(1)to add the use as a permitted use in C-2.
Page 3
2006 PROPOSED ORDINANCE AMENDMENTS
DRAFT 1
DATE Se tember 28 2006
PROBLEM:Clean-u matter to add "food store"SOURCE:Staff
as a ermitted use in the C-2 Sho in Center
District.
CURRENT ORDINANCE LANGUAGE:
"Food store"is not listed as either a permitted or conditional use in the C-2 Shopping Center District.
STAFF REPORT:()
The C-2 zoning district is established to provide for regional scale shopping facilities.It is intended toservethebroadcommercialneedsofthecommunity.The current use listing in the C-2 district does not
include "Food store".
SUGGESTED TEXT:(
Amend Section 36-30G(c)(1)to add "food store"as a permitted use.
Page 4
2006 PROPOSED ORDlNANCE AMENDMENTS
DRAFT 1
DATE Se tember 28 2006
PROBLEM:Clean-u matter to correct the SOURCE:Staff
fe ulled numbers of votes Ie ulred for actjon
b the Board of Zonin Ad'ustment.
CURRENT ORDINANCE LANGUAGE:
Sec.36-69(c)
(c)Prohibitions.The board shall not permit as a variance any use in a district that is not permitted in
this chapter,nor shall the board make any changes in this chapter.The concurring vote of five (5)members of the board shall be necessary to reverse any order,requirement,decision or determination of
the administrator,or to decide in favor of the applicant on any matter upon which it is required to passunderthischapter,or to affect any variation in this chapter.
STAFF REPC|RT:()
On February 3,1998,the Hoard of Directors passed Ordinance No.17,667 reducing the membership of
the Hoard of Zoning Adjustment from 9 persons to 5.Section 36-69(c)was not amended to reflect the
reduction in membership.The current language states 5 votes are required for action by the Hoard,as if
it were still a 9-member board.The correct number of votes required should be 3;a majority of the now5-member board.
SUGGESTED TEXT:()
Amend Section 36-69(c)to read as follows:
(c)Prohibitions.The board shalt not permit as a variance any use in a district that is not permitted in
this chapter,nor shall the board make any changes in this chapter.The concurring vote of three (3)members of the board shall be necessary to reverse any order,requirement,decision or determination of
the admlnlstl ator,or to decide In favol of the applicant on any matter upon which It Is t equi/ed to pass
under this chapter,or to affect any variation in this chapter.
Page 5
2006 PROPOSED ORDlNANCE AMENDMENTS
DRAFT 1
DATE Se tember 28 2006
PROBLEM:A ro osal to allow fence columns SOURCE:Staff
c r su ort osts to exceed the allowable hei ht
of a fence.
CURRENT ORDINANCE LANGUAGE:
The cut Ien't language of the fence regulations In SectIon 36-516 does not pet mlt columns ot supportpoststoexceedtheallowablefenceheight.
STAFF REPORT:()
Section 36-516 establishes the maximum fence height for residential,office,commercial and industrialsites.There is no provision in that section to allow columns or support posts to exceed the allowable
height.Staff suggests allowing the columns or support posts to extend up to 2 feet above the fence
height.Staff is also proposing a maximum width and minimum separation for the columns and supportposts.
SUGGESTED TEXT:()
Amend Section 36-516(e)general provfsions to add a new subsection (7)to read:
(7)Support columns or support posts shall be permitted to exceed the allowable fence or wall height bynomorethantwo(2)feet,including any ornamental features.Support columns or support posts shall
have a maximum width of two (2)feet.There shall be a minimum distance of seven feet —six inches(7'6")between opposing faces of support columns or support posts which exceed the allowable fence
or wall height,other than at gates or corners.
Page 6
2QQ6 PRGPGSED GRDlNANCE AMENDMENTS
DRAFT 1
DATE Se tember 28 2QQ6
PROBLEM:Pro osal to allow sin Ie famit SGURCE:Staff
residence as a ermitted use in the R-5 Urban
Residence District.
CURRENT ORDINANCE LANGUAGE:
Sec.36-259(b)(1)
(I)Permitted uses.
a.Housing,elderly,not to exceed R-5 density.
b.Multifamily residential structures not to exceed thirty-six (36)units per gross acre.
c.Orphanage.
d.Rooming,lodging and boarding facilities.
S7AFF REPOR7:()
7here are numerous R-5 zoned lots scattered throughout the Central City,South End and Hillcrest
Neighborhoods.Many of these are currently occupied by single family residences.Many others are
vacant and staff believes it is appropriate to permit the possible redevelopment of these sites as single
family.The typical R-5 lot is 50'140'n size and is similar to the R-3 Single Family lots located east
of University Avenue.
SUGGESTED TEXT:()
Amend Section 36-259(b)(1)to add a new Subsection e.to read as follows:
e.One single family dwelling on any lot or parcel.
Page 7
2QQ6 PROPOSEI3 ORI3INANCE AMENI3MENTS
DRAFT 1
l3ATE Se tember 28 2QQ6
PROBLEM:Pro osed chan eto hei staff SOURCE:Staff
better work with received subdivision/multi le
bulldln sl'te lan l evlew data l'e ull ln cfata to
be submitted in an electronic format.
CURRENT ORDINANCE LANGUAGE:
Section 31-13(c)
Submittal requirements.The following materials are the minimum criteria for submittal.Failure to
disclose any of this material or provide on a site plan may be cause for withdrawal or deferral of
application.Minimum submittal site plan review information shall be submitted on or accompanied byaboundarysurvey,not larger than twenty-four (24)inches by thirty-six (36)inches and including:
STAFF REPORT:()
The proposed change will give staff and the Commission access to data in a more readily usable format
and is the same change recently made for submittal requirements for preliminary plats and zoning site
plan levlews.
SUGGESTED TEXT:(
Amend Section 31-13(c)submittal requirements to read as follows:
Suhmitta/requirements.The following materials are the minimum criteria for submittal.Failure to
disclose any of this material or to provide the material on a site plan may be cause for withdrawal or
deferral of the application.Minimum submittal site plan review information shall be submitted on or
accompanied by a boundary survey,not larger than twenty-four (24)inches by thirty-six (36)inches
and including all information listed below:
A site plan shall also be submitted in an electronic format compatible with equipment in the
planning and development department of the city.The data shall be in CAD compatible .DXF or
.DN/G (compatible with software available in the planning and development department of the city)
format containing all information listed below in separate layers.
Page 8
2GG6 PROPOSED ORDlNANCE AMENDMENTS
DRAFT I
DATE Se tember 28 2GG6
PROBLEM:Provide a rocedure for variances SOURCE:Staff
ff orn the cliteria of the Centi al Clt
Redevelo ment Corridor Desi n Overla District.
CURRENT ORDINANCE LANGUAGE:
Sec.36-372.Exceptions.
Requests for new construction that do not comply with the design regulations of this section as
determined by staff may be appealed to the board of adjustment pursuant to Article II,Division 2 of
the Zoning Ordinance.
STAFF REPORT:()
The Central City Redevelopment Corridor Design Overlay District was created following the 1999
tornado.The DOD covers a small corridor that mirrors the tornado's path of destruction and was created
to assure that new construction would be compatible with the existing neighborhood.There was no clear
method created for any variance from or modification of the criteria.The existing language only permits
an appeal to determine if staff is correctly interpreting the provisions of the section.
SLIGGESTED TEXT:(
Sec.36-372.Exceptions.
Any request to vary,alter or modify specifications of this design overlay district shall be processed as
a request for a variance as per Article II Division 2 of this chapter.
Page 9
2006 PRGPGSED ORDINANCE AMENDMENTS
DRAFT
DATE Se tember 28 2006
PROBLEM;Move res onsibilit for reviewin SQURCE:Staff
develo ment of Parks and Recreation zoned
ro erties from the Plannin Commission to the
Parks and Recreation Commission.
CURRENT ORDINANCE LANGUAGE:
Section 36-322.(b)(4)
The city departments of planning and development,parks and recreation,and public works shall present
any plans for the development of a property within the PR park and recreation district to the planningcommissionatapublicmeetingandshaltdemonstratethattheproposeddevelopment,or
redevelopment,plans are consistent with the goals expressed in the Little Rock Parks and RecreationMasterPlan.This presentation is for int'ormation purposes only,and no formal action is required unlessamajorityofthemembersoftheplanningcommissionvotetoapproveamotionthatstates:
a.That the city staff Is In error;ancl
b.The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks andRecreationMasterPlan;and
c.That the city board of directors should review the presented plan to determine if it is consistent
with the Little Rock Parks and Recreation Master Plan;and
d.If such an affirmative vote is taken,provides to the city board of directors a written list of thereasonsthatamajorityofthemembersoftheplanningcommissionbelievethattheproposal isinconsistentwiththeLittleRockParksandRecreationMasterPlan.
Page 1G
2006 PROPOSED ORDINANCE AMENDMENTS
DMFT 1
DATE Se tember 28 2006
STAFF REPORT:()
The PR parks and recreation zoning district was created on January 16,2001 by passage of Ordinance
No.18,419,Subsequently,all City owned parks properties were rezoned from various districts to PR.
On January 15,2002,the PR district regulations were amended by Ordinance No.18,630.The
amendment allowed for multiple structures by-right on PR zoned properties and allowed "informational
only"review by the Planning Commission.No action is required by the Commission unless the
Commission finds that City staff is in error and the proposed development is totally inconsistent with thegoalsandvisionoftheCity's Master Parks Plan.
Gn January 7,2003,the Little Rock Parks and Recreation Commission was created by the passage of
Ordinance No.'l8,803.This eleven (11)member Commission meets once a month and has specific
duties and responsibilities which are outlined in Chapter 2 of the Code of Ordinances;including the
review of specific park projects.
Staff believes it is now appropriate to remove that responsibility from the Planning Commission.
Establishment of PR zoned properties through the City's land use plan and zoning will continue to be the
responsibility of the Planning Commission and Board of Directors.
SUGGESTED TEXT:()
Amend Section 36-322,(b)(4)to read as follows:
(4)The city staff shall present any plans for the development of a property within the PR park and
recreation district to the parks and Iecreation commission at a public meeting and shall
demonstrate that the proposed development,or redevelopment,plans are consistent.with the
goals expressed in the Little Rock Parks and Recreation Master Plan.This presentation is for
information purposes only,and no formal action is required unless a majority of the members of
the parks and recreation commission vote to approve a motion that states:
a.Tha't 'the city staff Is In
e'er
ol;and
b.The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and
Recreation Master Plan;and
c.That the city board of directors should review the presented plan to determine if it is consistent
with the Little Rock Parks and Recreation Master Plan;and
d.If such an aftirmative vote is taken,provides to the city board of directors a written list of the
reasons that a majority of the members of the parks and recreation commission believe that
the proposal is inconsistent with the Little Rock Parks and Recreation Master Plan.
Page
2006 PRGPGSED GRDINANCE AMENDMENTS
DRAFT 1
DATE Se ternber 28 2006
PRGBLEM:Pro osed chan e to re uire SGURCE:Staff
screenin of vehicles in arkin decks within the
ULJ Urban Use district.
CURRENT ORDINANCE LANGUAGE:
There currently is no ordinance language.
STAFF REPORT:()
There is no provision in the Urban Llse zoning district regulations to require screening of vehicles parked
in a parking deck.Due to the diverse nature of development in downtown,including residential and
historic uses.Staff believes it is appropriate to require a screening wall on each level of a parking deckthreefeetinheight.
SUGGESTED TEXT:()
Amend Section 36-342.1(c)(10)to add a new Subsection c.to read as follows:
c.An opaque screening wall no less than three (3)feet in height shall be placed on the exterior
perimeter of each level of all parking structures.The screening wall shall extend above the finished
floor of each level of the parking structure so as to screen vehicles parked in the parking structure.
Page 12
2006 PROPOSED ORDINANCE AMENDMENTS
DRAFT 1
DATE Se ternber 28 2006
PROBLEM:Pro osal to allow the Plannin SOLJRCE:Staff
Commission to a rove vanances from the
rovisions of the subdivision ordinance with
eals to the Hoard of Directors.
CURRENT ORDINANCE LANGUAGE:
Sec.31-12.Variances.
(a)Generaily.The rules and regulations set forth in this chapter are the standard requirements of
the city.N/here the applicant alleges that extraordinary hardships or practical difficulties may result from
strict compliance with these regulations,or the purpose of these regulations may be served to a greaterextentbyanalternativeproposal,the planning staff and the planning commission shall review such
requests for variances and the staff and commission shall forward its recommendation to the board of
directors for final action so that substantial justice may be done and the public interest secured.Such
variances,however,shall not have the effect of nullifying the intent and purpose of these regulations.
The following criteria shall be used to determine whether a variance shalt be granted:
(1)The conditions upon which the request for variance is based are unique to the property
because of its particular physical surroundings,shape or topographical conditions.
(2)The granting of the variance will not be detrimental to the public safety,health or welfare,
or injurious to other property.
(3)The variance will not in any manner vary the provisions of the zoning ordinance.
(b)Procedures and conditions.No variance shall be granted except upon written petition by the
subdivder when the preliminary plat is filed for consideration by the planning commission.The petition
shall state fully the grounds for the application and all of the facts upon which the petition is made.In
approving variances,the planning commission,may,at its option,require special conditions to ensure
development in accordance with objectives,standards and requirements of this chapter.
(c)HuIiding line variances.In those instances where a recorded subdivision plat has established
building setback lines in accordance with this chapter variances of those lines shall only be granted bytheboardofadjustment.That body shall review each building line variance request for hardship
circumstances as required by chapter 36,article II,division 2.Those variances approved by the board of
adjustment shall be reflected upon a Ieplat of the subject lots which shall be recorded in the office of the
circuit clerk of the county.A bill of assurance amendment shall not be required by the review process
nor shall the administrator sign a bill of assurance.The owner or applicant shall be instructed to review
the filing procedure with the circuit clerk should a revised bill of assurance be required by that office,
Platting costs shall be born by the applicant or owner.
(d)Appea/s.Appeals from a decision of the board of directors regarding a variance request maybepresentedtothePulaskiCountyChanceryCourtwithinthirty(30)days from the date the decision is
filed in the city clerk's office.
Page 'l3
2066 PROPOSED ORDlNANCE AMENDMENTS
DRAFT 1
DATE ~B|8 2D 8
STAFF REPORT:
Current Subdivision Ordinance language requires variance requests to be heard by the Hoard ofDirectorswithrecommendationscomingfromthePlanningCommission.The proposed amendment willallowtheCommissiontoapprovethevarianceswithappealsonlyhavingtobeheardbytheHoardofDirectors.
SUGGESTED TEXT:()
Section 31-12.Variances
(a)Generally.
(1)When,by the strict interpretation of the rules and regulations of this Chapter,a subdivider incurs
undue restrictions on the physical property to be subdivided,a variance for such requirements
may be granted by the Planning Commission.Under no circumstance shoulcf a variance be
granted because of a personal hardship or for personal or emotional reasons.Variances shall
not be granted based strictly on financial hardship.A variance is determined by the strict
interpretation and enforcement of the rules and regulations upon a given piece of property to be
subdivided.
(2)No variance shall be granted except upon written petition by the subdivider when the preliminary
plat is filed.The petition shall state fully the grounds for the variance and all the facts upon whichthepetitionismade.In granting the variance the Commission shall prescribe any conditions that
it deems necessary to or desirable in the public interest.In considering the petition for a
variance,the Commission shall take into account the nature of the proposed use of land involved,
existing uses of land in the area,proximity to public utilities,the number of persons who will
~eside or work in the proposed subdivision,and the probable effect of such variance upon trafficconditionsanduponthepublichealth,safety and general welfare in the vicinity.No variance
shall be granted unless the Commission finds all four of the following:
a.That there are special circumstances or conditions affecting the land involved such that the
strict application of the provisions of this chapter would deprive the applicant of the
reasonable use of this land.
b.That the variance is necessary for the preservation and enjoyment of a substantial property
right of the applicant.
c.That the granting of the variance will not be detrimental to the public health,safety and
welfare or injurious to other property in the area.
d.That the granting of the variance will not have the effect of preventing the orderly subdivision
of other land in the area in accord with the provisions of this chapter.
(3)The findings of the Commission together with the specific facts upon which findings are based
shall be incorporated into the official minutes of the Commission meetings at which such
variances is granted.Variances may be granted only when in harmony with the general purposeandintentofthisChapter.
Page 14
2006 PRGPGSED GRDINANCE AMENDMENTS
DMFT 1
DATE Se ternber 28 2006
SUGGESTED TEXT:()
(b)8ui/ding /inc var/ances.In those instances where a recorded subdivision plat has established
building setback lines in accordance with this chapter variances of those tines shall only be granted
by the board of adjustment.That body shall review each building line variance request for hardshipcircumstancesasrequiredbychapter36,article II,division 2.Those variances approved by the
board of adjustment shall be reflected upon a replat of the subject lots which shall be recorded in the
office of the circuit clerk of the county.A bill of assurance amendment shall not be required by the
review process nor shall the administrator sign a bill of assurance.The owner or applicant shall be
instructed to review the filing procedure with the circuit clerk should a revised bill of assurance be
required by that office.Platting costs shall be born by the applicant or owner.
(c)Appea/s.Appeals from the decision of the Planning Commission regarding a variance request maybepresentedtotheBoardofDirectorswithinthirty(30)days of the Commission's action.The
content of the appeal filing shall consist of:
(1)A cover letter addressed to the mayor and the board of directors setting forth the request;(2)a
copy of the planning commission application indicating the action and property executed by the staff.
Notification for the board of directors'earing shalt be as required for the planning commission.
Appeals from a decision of the board of directors regarding a variance request may be presented tothePulaskiCountyChanceryCourtwithinthirty(30)days from the date the board's decision is filed
in the City Clerk's office.
Page 15
2006 PROPOSED GRDlNANCE AMENDMENTS
DRAFT 1
DATE Se tember 28 2006
PROBLEM:Pro osal to ermit the Plannin SOURCE:Citizens
Commission to consider the com atibilit of
3 ro osed subdivision with existin surroundin
develo ment when reviewin a relimina lat.
CURRENT ORDINANCE LANGUAGE:
Section 33-173.General principles.
ln addition to the requirements for improvements and their design,the following considerations shall
guide the staff,the subdivision committee and the planning commission in their review of proposed
subdivision plats:
(1)Conformance to rules and regulations.All proposed subdivisions shall conform to the following
laws,rules and regulations:
The municipal plan,master street plan and master parks plan as applicable within the
plaAAIAg al Ba Jul lsdlctlon.
b.Municipal zoning ordinance and building and housing codes as applicable within the
col pof'ate limits.
c.The rezoning of any ownership may be required when the platting is proposed for change
to a format which is incompatible with the existing zoning classification.The replatting of
an ownership may be required when the zoning classification of an ownership is changed
to 3 district which is incompatible with the existing platting of such property.
N/hen rezoning is required to bring a proposed subdivision into conformance with the
intended use,such action shall be initiated by the applicant prior to or simultaneously with
the request for subdivision approval.If the zoning classification of property is changed
subsequent to final approval,a replat of the property may be required by the planning
commlsslon.
d.For purposes of dedication of private streets to the public for maintenance,the standards
set forth in section 31-298 shall apply.All plats submitted under this provision shall be
reviewed with the standards provided being minimums.A higher level of improvements
may be I Bqulred as cll cLIITIstances wal f'ant.
Page 16
2006 PRQPQSED QRDINANCE AMENDMENTS
DMFT 1
DATE Se tember 28 2006
CURRENT ORDINANCE LANGUAGE:
(2)reservation of public facilities.Where proposed community or public facilities of the municipal
plan are located in whole or in part in a proposed subdivision,the planning commission,board or
public body shall require that land for those public facilities be reserved as a condition of
preliminary plat approval for a period of four (4)months following the date of notification of the
developer's intent to develop as evidenced by submission of the preliminary plat or sketch plat.
The public board,commission or body having jurisdiction or financial responsibility for the
acquisition of the reserved facility or facilities shall be given an opportunity to execute a written
contract to acquire by purchase or file suit for condemnation of the area reserved for such facility
or facilities;provided further,however,said contract to acquire must be closed within twelve (12)
Months following the date of the approval of the preliminary plat.
(3)Subdivision anc/street names.The proposed name of subdivision and streets shall not duplicate
or too closely approximate phonetically the name of any street or subdivision in the area covered
by this chapter.The planning commission shall have final authority to designate street and
subdivision names,where conflicts exist wl'th othel established subdlvtslons within the coLlnty.
Cross if'BfBI BAGB —Sti Bet riarrllrig system,g 30-321 e't seq.
(4)Approva/of p/armed zonllng districts.Design standards outlined in article III of this chapter and in
article Vll of the zoning ordinance chapter 36 shall serve as overall guidelines for project approval
through the PZD process.
(5)F'mvisions of access to adjacent unp/attec/pmperty.Proper access in the form of stub streets or
tempoiary dead-end streets shall be provided to adjacent unplatted property unless alternate
routes of access are or will be,available in the future.The purpose of this provision is to ensureaccesstoallproperty.
(6)Approval of a development by the planning commission constitutes approval of the planning
commission for water and wastewater service to the property,including the installation of
necessary water tines and sewer mains,subject to the policies and procedures of the municipal
water works,the wastewater utility,and approval by the board of directors when necessary.
Page I7
2006 PRGPGSED GRDINANCE AMENDMENT'S
DRAFT 1
DATE Se ternber 28 2006
STAFF REPORT:()
On numerous occasions since the 1988 "Richardson vs.City of Little Rock Planning Commission"
decision,there have been requests that the Subdivision Ordinance be amended to allow the Planning
Commission to consider the issue of compatibility with surrounding development when reviewing a
proposed preliminary plat.The proposed language,to be inserted into the "General Principles"section of
the subdivision ordinance provides that authority.Staff has researched the subdivision regulations from
several cities in the State and has found none that allow the consideration of compatibility.An opinion
has been requested from the City Attorney.
SUGGESTED TEXT:()
Amend Section 31-171.to add a new subsection (7)to read as follows:
(7)Compatibility with surrounding properties.When reviewing proposed subdivision plats,the Planning
Commission may take into consideration the compatibility of the proposed subdivision with surrounding
lots,parcels and tracts.In determining compatibility,the Planning Commission may take into
consideration the area and dimensions of the proposed and surrounding lots,tracts and parcels.The
Planning Commission may deny a proposed preliminary plat if it determines the proposed preliminary
plat is not compatible with surrounding lots,parcels and tracts.
Page '18
2006 PROPOSED ORDINANCE AMENDMENTS
DRAFT I
DATE Se tember 28 2006
PROBLEM:Pro osal to amend the definition SOURCE:Staff
of buildin hei ht.
CURRENT ORDINANCE LANGUAGE:
Sectson 36-2
Building height means the vertical distance as measured through the central axis of the building
from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in thecaseofaflatroof;to the deck line of a mansard roof;and to the mean height level between the eaves
and ridge of a gable,hip or a gambrel roof.This definition shall not be deemed to include church
steeples,bell towers,antennas,chimneys,or other similar structural embellishments.
STAFF REPORT:()
In response to citizen concerns about the height of new residential construction on sloped lots,staff
proposes to adopt a new definition of building height.The proposed new definition is based on the
building height definition in the International Building Code.
SUGGESTED TEXT:()
Amend Section 36-2 to add new definitions
Huiiciing height means the vertical distance from grade plane to the topmost point of the roof (see grade
plane).This definition shall not be deemed to include church steeples,bell towers,antennas,chimneys,
or other similar structural embellishments.
GRADE PLANE.A reference plane representing the average of finished ground level adjoining the
building at exterior walls.Where the finished ground level slopes away from the exterior walls,the
reference plane shall be established by the lowest points within the area between the building and the lot
fine or,where the lot line is more than 6 feet (1,829 mm)from the building,between the building and a
point 6 feet (1,829 mm)from the building.
Page 19
September 28,2006
ITEM NO.:15
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.
~Ei
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.
~Pd T
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
~Ei
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
September 28,2006
ITEM NO.:15 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.
~Pd P
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).
~Pd P
(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.
2
September 28,2006
ITEM NO.:15 Cont.
(4)Amend Article IV,Section A.4.b.to reflect change in Section (3)above.
~Ei
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.
~Pd T
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.
~Ei
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'.
3
September 28,2006
ITEM NO.:15 Cont.
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.
~P'T
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.
EEii E 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.
4
September 28,2006
ITEM NO.:15 Cont.
~P'P
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.
Ediii E PP
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.
~Pd P
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 D.3.to eliminate secret vote for officers.
~Ei i P
Motion and Voting —Any matter of business requiring action by the
Commission may be presented by oral motion,and the members
5
September 28,2006
ITEM NO.:15 Cont.
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 secret,written ballot.
~Pd P
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.
~Ei i P
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.
~Pd P
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.
Ediii E PP
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
September 28,2006
ITEM NO.:15 Cont.
~P'T
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.The item
was placed on the September 28,2006 Agenda.
PLANNING COMMISSION ACTION:(SEPTEMBER 28,2006)
Staff presented the proposed amendments.Deputy City Attorney Dawson made note of
a couple of grammatical changes.The Commission accepted a suggestion from the
League of Women Voters that Article II,Section B.1.a.be amended to allow the chair
and vice-chair to succeed themselves only one time.
A motion was made to approve the proposed amendments.The motion was approved
by a vote of 9 ayes,0 noes and 2 absent.
7
PLAMNIHG COMMISSION VOTE RECORD
DATE ==.~~&C;''V,~"'w ,a-g f ==~~
MEMBER +'~I W ~~~.l
I'DCGCK,PAM
ALLEN,FRED,JR.
HARGRAVES,LUCAS
LAHA,TRQY j
LANGLAI8,'GARY V
MEYER,
JERRY'AHMAN,
MIZAN
STEBBINS,RQBERT (
TAYLQR,CHAUNCEY
WILLIAMS,DARRIN
YATES,JEFF
MEMBER
ADCGCK,PAM
ALLEN,FRED,JR.
HARGRAVES,LUCAS
LAHA,TRQY
LANGLAIS,GARY
MEYER,JERRY
RAHMAN,MIZAN
STEBBINS,ROBERT
TAYLQR,CHAUNCEY
WILLIAMS,DARRIN
YATES,JEFF
Meeting Adjcutned ~:=~P.M.
AYE @ NAYE W ABSENT '~~ABSTAIN M RECUSE
September 28,2606
There being no further business before the Commission,the meeting
was adjourned at 5:00 p.m.
q.D4
M.wA 7~"
Se ret 'ry Chairman