pc_12 21 2006
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
DECEMBER 21, 2006
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Gary Langlais
Chauncey Taylor
Troy Laha
Robert Stebbins
Jerry Meyer
Jeff Yates
Lucas Hargraves
Darrin Williams
Pam Adcock
Mizan Rahman
Fred Allen, Jr.
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the November 9, 2006 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
DECEMBER 21, 2006
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. Z-8101 Rezoning from R-3 and O-3 to O-2 and C-3
1311 and 1401 Bishop Street
B. Z-6994-A Rezoning from R-3 and I-2 to PR
North side of West 10th Street, East of Woodrow Street
C. LU06-19-07 A Land Use Plan Amendment in the Chenal Planning
District changing from Single Family, Multifamily,
Public Institutional and Neighborhood Commercial to
Single Family, Low Density Residential, Multifamily,
Suburban Office, Neighborhood Commercial and
Commercial either side of Kanis Road from Chenal
Parkway to Stewart Road.
D. LU06-19-08 A Land Use Plan Amendment in the Chenal Planning
District changing from Single Family, Low Density
Residential and Suburban Office to Mixed Office
Commercial south of State Highway 10 at State
Highway 300.
E. Proposed Amendments to various sections of Chapters 31 and 36 of the
Code of Ordinances; the Subdivision and Zoning Ordinances.
F. Z-4969-D Spring Tree Village Revised Long-Form PD-R, located
South of Yarberry Lane and East of Doe Run on Spring
Tree Drive.
G. Z-7593-C South Shackleford Hotel Short-form PCD, located in the
800 Block of South Shackleford Road.
H. Z-7723-B Treadway’s Revised Short-form PCD, located at 1115
Jefferson Street.
I. LA-0013 Hockersmith Timber Harvest, located West of I-430 and
South of Bowman Plaza Drive.
Agenda, Page Two
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. G-23-371 Alley – Right-of-Way Abandonment
Block 16, Pope’s Addition
2. G-23-372 East Crestwood Drive – Right-of-Way Abandonment
Between 4901 and 4916 East Crestwood Drive
3. G-23-373 Polk Street – Right-of-Way Abandonment
Adjacent to 5500 Country Club Blvd.
4. Z-8143 Butler Day Care Family Home – Special Use Permit
8600 Shiloh Drive
5. Z-8140 Rezoning from R-3 to O-3
4720 West Markham Street
6. Z-8141 Rezoning from R-2 to O-3
11701 West 36th Street
7. LU06-11-01 A Land Use Plan Amendment in the I-430 Planning
District from Park/Open Space and Multifamily to Light
Industrial on the west side of Shackleford Road 1,200
feet north of Colonel Glenn Road.
7.1 Z-8142 Rezoning from R-2 to I-2
West side of Shackleford Road, 1,200 feet north of
Colonel Glenn Road.
8. Z-7512-A AA Storage – Revised Conditional Use Permit
5700 West 10th Street
9. Z-7573-C Isaac Wayne Barber Shop – Conditional Use Permit
6805 West 12th Street, Suite “C”
10. Z-8137 Perkins Accessory Dwelling – Conditional Use Permit
4121 Weldon Avenue
11. Z-8138 Holder Multisectional Manufactured Home –
Conditional Use Permit
11511 Heinke Road
12. Z-8139 Hampton Day Care Center – Conditional Use Permit
1602 Welch Street
Agenda, Page Three
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
13. G-23-370 Fairview Addition Plat
Reduction to Acreage
14. LU06-08-05 A Land Use Plan Amendment in the Central City
Planning District near the intersections of Cross and
West 10th, Main Street and West 18th, Main Street and
West 21st, and Commerce and East 16th Street from
Commercial, Mixed Use, and Single Family to Public
Institutional.
15. Z-8144 Rezoning from R-4 to MF-24 and O-1
2800 Cumberland Street
16. LA-0016 King-Walker Tree Harvest
Northeast corner of West 28th and Tatum Streets
December 21, 2006
ITEM NO.: A 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 O-3 to C-3 and R-3 to O-2
Purpose: Future Development
Existing Use: Single family residential structures
SURROUNDING LAND USE AND ZONING
North – Arkansas Children’s Hospital uses; zoned O-3 and O-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 O-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 14th Street.
2. A 20 foot radial dedication of right-of-way at the intersection of alley
and 14th Street.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Bus Route #11 (M. L. King
Route) runs along Martin Luther King Drive to the east.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Central High and
Downtown Neighborhood Associations were notified of the public hearing.
December 21, 2006
ITEM NO: A (Cont.) FILE NO.: Z-8101
2
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 O-3 General Office District to C-3 General
Commercial District and from R-3 Single Family District to O-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.
Bicycle Plan:
A Class II route is shown along Daisy Gaston Bates Drive. A Class II
bikeway is located on the street as either a 5’ shoulder or six foot marked
bike lane. Additional paving and right-of-way may be required.
City Recognized Neighborhood Action Plan:
The 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 O-3 to C-3 and R-3 to O-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
December 21, 2006
ITEM NO: A (Cont.) FILE NO.: Z-8101
3
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 O-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 O-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 O-2 rezonings.
December 21, 2006
ITEM NO: A (Cont.) FILE NO.: Z-8101
4
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.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
Staff informed the Commission that the applicant contacted staff on November 1,
2006 requesting the application be deferred to the December 21, 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 December 21, 2006 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Staff informed the Commission that the applicant submitted a letter on
December 12, 2006 requesting the application be deferred to the February 1,
2007 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 1, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays.
December 21, 2006
ITEM NO.: B FILE NO.: Z-6994-A
Owner: City of Little Rock Parks and Recreation
Applicant: City of Little Rock Parks and Recreation
Location: Northeast corner of West 10th and Woodrow
Streets and Northeast corner of West 10th and
Appianway Streets
Area: Approximately 1.09 Acres
Request: Rezone from R-3 and I-2 to PR
Purpose: Expansion of Fletcher Park
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING
North – Fletcher Park; zoned PR
South – Single family residences and Arrow Bus Lines facility (across
West 10th Street); zoned R-3 and I-2
East – Single family residences; zoned R-3 and I-2
West – Single family residences (across Woodrow Street); zoned R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Bus Route #3 (Baptist
Medical Center Route) runs along West 12th Street to the south, and
Route #17 (Mabelvale – Downtown Route) runs along I-630 to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Capitol Hill and Pine to
Woodrow Neighborhood Associations were notified of the public hearing.
December 21, 2006
ITEM NO: B (Cont.) FILE NO.: Z-6994-A
2
D. LAND USE ELEMENT:
This request is located in the I-630 Planning District. The Land Use Plan
shows Park/Open Space for this property. The applicant has applied for a
rezoning from R-3 Single Family District and I-2 Light Industrial District to
PR Park and Recreation District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
West 10th Street is shown as a Local Street on the Master Street Plan and
Woodrow Street is shown as a Minor Arterial. The primary function of a
Local Street is to provide access to adjacent properties. A Minor arterial
provides connections to and through an urban area and their primary
function is to provide short distance travel within the urbanized area. These
streets may require dedication of right-of-way and may require street
improvements.
Bicycle Plan:
Existing or proposed Class I, II, or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Stephens
Neighborhood Action Plan. The Neighborhood Revitalization goal has
specifically states there is a need for more parks and playgrounds in the
area.
E. STAFF ANALYSIS:
The City of Little Rock Parks and Recreation, owner of the 0.79 acre
property located at the northeast corner of West 10th and Woodrow Streets
and the 0.30 acre property at the northeast corner of West 10th and
Appianway Streets, is requesting to rezone the property from “R-3” Single
Family District and “I-2” Light Industrial District to “PR” Park and Recreation
District. The rezoning is proposed to allow for the expansion of Fletcher
Park.
The lots are currently vacant and mostly grass covered. There area a few
mature trees on the property. There is a 20-foot wide platted alley right-of-
way along the north property line.
December 21, 2006
ITEM NO: B (Cont.) FILE NO.: Z-6994-A
3
Fletcher Park (zoned PR) is located immediately north of the property, along
the south side of Interstate 630. Single family residences are located south
(across West 10th Street), east and west (across Woodrow Street) of the
site. There is an Arrow Bus Lines office and maintenance facility at the
southeast corner of West 10th and Appianway Street. There are other
industrial-type uses located further to the east.
The City’s Future Land Use Plan designates this property as “Park/Open
Space”. The requested zoning change to PR does not require a change to
the Land Use Plan.
Staff is supportive of the rezoning request. Staff views the requested zoning
to PR to allow expansion of the Fletcher Park facilities as a very minor
issue. Staff feels the expansion of Fletcher Park will be a great asset to the
community and benefit the neighborhood for many years. Staff believes the
requested rezoning will have no adverse impact on the adjacent properties
or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested PR rezoning.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
Staff informed the Commission that the applicant contacted staff on October 30,
2006 requesting the application be deferred to the December 21, 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 December 21, 2006 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: C FILE NO.: LU06-19-07
Name: Land Use Plan Amendment - Chenal Planning District
Location: Either side of Kanis Rd, from Chenal Pkwy to Denny Road
Request: Single Family, Multifamily, Public Institutional & Neighborhood
Commercial to Single Family, Low Density Residential, Multifamily,
Suburban Office, Neighborhood Commercial and Commercial
Source: Staff
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Single Family,
Multifamily, Public Institutional & Neighborhood Commercial to Single Family,
Low Density Residential, Suburban Office, Neighborhood Commercial and
Commercial. Single Family provides for single-family homes at densities not to
exceed six units per acre. Low Density Residential accommodates a range of
housing types including single-family attached and detached, duplex,
townhomes, patio or garden homes and multifamily or a combination provided
the overall density is between six and ten dwelling units per acre. Suburban
Office provides for low intensity development of office or office parks in close
proximity of lower density residential areas to assure compatibility.
Neighborhood Commercial is limited to small-scale commercial development in
close proximity to a neighborhood, providing goods and services to that
neighborhood market. Commercial is a broad range of retail and wholesale sales
of products, personal and professional services, and general business activities.
This package of changes was generated as a result of a City Board of Director’s
instruction to review the Land Use Plan in the Kanis Road corridor from Chenal
Parkway to Stewart Road.
EXISTING LAND USE AND ZONING:
The properties involved in the amendment are mostly vacant either wooded or
pasture land. There are three businesses on the properties as well as two
homes. Of the approximately 78 acres included in the changes approximately 14
acres is zoned commercial (9.5 ‘C-1’ Neighborhood Commercial and 4.5 ‘C-3’
General Commercial); 6 acres is zoned office (‘O-2’ Office and Institutional); 19
acres multifamily (‘MF-24’ Multifamily District 24 units per acre) and 39 acres of
single-family (‘R-2’ Single Family). Northwest are single-family subdivisions and
the Chenal Country Club, most of this area is zoned ‘R-2” Single Family. To the
west and south are single-family homes generally in subdivisions of 5 to 10 acres
lots. The land is generally zoned ‘R-2’. Northeast of the area is zoned ‘C-2’
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
2
Shopping Center, ‘MF-24’ and ‘MF-18’ Multifamily zoning, ‘O-2’ Office and
Institutional. The closest tracts are wooded, however further to the northeast is
developed with office buildings, and commercial centers. To the east is ‘C-3’
General Commercial and ‘PCD’ Planned Commercial District. This land is
currently wooded or former pastureland. Further to the east along Chenal
Parkway are car dealerships; a shopping center and small commercial buildings
also zoned Planned Commercial District or ‘C-3’.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
August 15, 2006, Three Land Use Plan amendment packages were approved.
These amendments changed Single Family, Low Density Residential,
Multifamily, Mixed Use, Neighborhood Commercial and Office areas to Single
Family, Mixed Use, Office Neighborhood Commercial, Commercial and Mixed
Office/Commercial. The changes were in areas to the north and northeast of this
proposed amendment package continuing along Rahling Road. The changes
were made to allow for future development and some were related to
reclassifications of the land.
June 27, 2006 a change was made from Office, Neighborhood Commercial and
Low Density Residential to Mixed Office Commercial approximately a mile to the
northeast of this amendment package east of Kirk Road and north of Chenal
Parkway. The changes resulted from a Planned Commercial reclassification to
allow for future development.
May 18, 2004, a change from Single Family to Office, south of Cantrell Road
between Chenonceau and Chevaux, over two miles to the north of the site. This
change was made related to a Planned Office reclassification to allow for future
redevelopment of the land.
January 20, 2004, a change from Office to Mixed Use south of Rahling Road
either side of Champlin Drive, over a mile to the northeast of the application area.
This change was made to allow for future development of the land (no
reclassification was included).
June 17, 2003, changes from Office, Multifamily and Single Family to Multifamily
and Low Density Residential south of Chenal Parkway around Rahling Road,
north of the application area. These changes were made to reflect new zoning in
the area for future development.
June 4, 2002, a change from Single Family to Suburban Office south of Cantrell
Road either side of Drew, over two miles to the north of the site. This change
was made related to a Planned Office District reclassification to allow for future
redevelopment of the land.
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
3
The Land Use Plan in this area generally reflects the existing land use with only
minor changes. This is common for the areas outside the city limits. The Plan
shows a small amount of Commercial use at the proposed intersection of Kanis
Road with the ‘West Loop’. Multifamily is shown as a transition from this
Commercial to the Single Family surrounding. A large Public Institutional use
area is shown to the north of this use grouping. The proposal had been for a
hospital or school complex at this site. A second Public Institutional use area is
shown along Kanis just east of Rock Creek. This too was to have been a school
site. A small area of Neighborhood Commercial is also shown at the Stewart-
Kanis-Denny Roads intersection. To the south, west and northwest is shown for
Single Family. To the northeast across Rock Creek is generally shown for
intense development Commercial and Office with some Multifamily.
MASTER STREET PLAN:
Kanis Road, Denny Road, Stewart Road, and the Proposed West Loop (Rahling-
Edswood) are shown as Arterials on the plan. The primary purpose of an
Arterial is to move vehicles and goods in and through the area. Direct access to
these roads should be limited if provided at all. These roads are not currently
built to standard, additional right-of-way and pavement are likely to be required
with future developments.
BICYCLE PLAN:
A Class I Route is shown along Kanis Road, east of the West Loop and along the
West Loop. Class I routes have a separate paved area from the motorized traffic
and may parallel the street. If included with the sidewalk, the resulting pathway
must be wide enough for both uses on both sides of the roadway. A Class II
route is shown along Kanis Road, west of the West Loop. A Class II bikeway is
located on the street as either a 5-foot shoulder or six foot marked bike lane.
Additional paving and right of way may be required.
PARKS:
The Little Rock Parks and Recreation Master Plan indicates that most of the area
included in this amendment is within 8-blocks of a public or private outdoor
recreation area. It should be noted that there is a portion, which does not meet
this standard. Additional recreational and outdoor space opportunities in this
general area should be pursued based on the Plan.
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
4
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The initiative to review the Land Use Plan along Kanis Road from Chenal
Parkway to Stewart Road was at the request of the Little Rock Board of
Directors. This was made as the result of a Land Use Plan amendment just west
of Chenal Parkway on the north side of Kanis Road to Commercial from
Multifamily. Staff had been opposed to this change in part due to a concern it
could lead to further commercial requests along Kanis, making Kanis lined with
commercial from Chenal Parkway to at least the alignment of the proposed West
Loop. The Board of Directors recognized that even though they felt the
requested change should be made that Staff’s concerns should be addressed.
As a result, Staff was instructed to work with the Little Rock Planning
Commission to develop a revised Plan to address Staff’s concern about further
commercialization of Kanis Road.
Staff developed several options and presented these to the Plans Committee of
the Little Rock Planning Commission. Two options were developed to present to
the full Planning Commission. This was done at an Informal meeting of the Little
Rock Planning. About this time several requests were made to amend the Land
Use Plan in the vicinity, mostly to the north. The Planning Commission instructed
staff to work with the Plans Committee and review the impacts of the requested
changes with the corridor study underway. This was done and presentations on
the various Land Use Plan Amendments were made to the Commission and City
Board of Directors in the spring of 2006.
The Land Use Plan study recommendation was developed and distributed to the
affected property owners for comment. From this a final package was
developed, which is now presented to the Planning Commission for
consideration.
The amendment area is outside the city limits of Little Rock but adjacent to the
south and southwest. The major growth corridor of the City has been
immediately to the northeast of the amendment area. New subdivisions have
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
5
been built during the last ten years to the northwest and northeast within the city.
In addition, many large-lot (5 to 10 acre tract) subdivisions have been developed
to the south, west and southwest outside the City of Little Rock.
The overall development pattern has been set for the vicinity. That is moderate
density north of Kanis Road with lower density development south of Kanis
Road. Staff believes this is not just a current situation but also the likely future
development pattern for the area. South of Kanis the land has been subdivided
into tracts of five acres or more with large high-end homes constructed on each
lot. This investment means that a major change is not likely. To the north are
subdivisions of more suburban nature within the large ‘Chenal’ development.
Even with the possibility of annexation in the future only limited densification is
likely to the south of Kanis Road. Any change in use along Kanis Road with new
development should be done in a manner that is sensitive to this development
pattern both to the north and south of the road.
The Plans Committee indicated that with the difficulty of getting multifamily
development in many areas, areas already zoned for multifamily within the study
area should not be changed if at all possible. This along with the density issue
and the Board’s guidance to prevent a commercial ‘strip’ were the over arching
principles used to guide the study.
There are two large Public Institutional use areas shown on the Plan within the
study area. Neither is developed at this time. This is not the standard practice of
the City. That is the City only shows Public Institutional when the use exists or is
about to develop. These two areas were shown on a Plan done by a private
consultant for the City. Based on common practice of the City these two areas
were determined to be areas where changes should be proposed.
One Public Use area is east of Rock Creek along the south side of Kanis Road.
All of the remaining land east of Rock Creek on the Plan is Commercial or Mixed
Office Commercial. The zoning is currently Planned Commercial Districts, ‘R-2’
Single Family and a small area of ‘C-3’ General Commercial at the intersection
with Chenal Parkway. Remembering the density issue, Staff and the Plans
committee recommendation was for this area to be Suburban Office. This
recognizes that the areas east of the creek are non-residential while attempting
to ‘step-down’ in intensity as one moves west and south.
The second Public use area on the Plan within the study area is along the
alignment of the West Loop, likely to be Rahling Road extended, to the north of
Kanis Road. This land is mostly in one ownership and is zoned MF-24, MF-18
(both multifamily zonings: one 18-units per acre, the other 24-units per acre) with
some ‘O-2’ Office and Institutional zoning. The zoning pattern is based on the
proposed alignments of Rahling Road, La Grande Drive and Champagnolle
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
6
Drive. All are Collectors or Arterials on the City Master Street Plan. The zoning
pattern has been in place for approximately twenty years. Using the principle to
maintain existing Multifamily zoned areas and increased density north of Kanis
Road, the proposal became to change most of the area to Multifamily with a
small area changed to Suburban Office (the Champagnolle-Rahling intersection).
The commercial node at the intersection of Kanis Road with the West Loop was
designed to be small. The major commercial was and is to be at Rahling Road
and Chenal Parkway. When looking at the zoning and ownership pattern along
the south side of Kanis it was determined that only a minor change was possible.
This was to recognize the ownership with a large single-family home. Most of the
tract is shown for Single Family and there is a large home on the site. The
Multifamily had been shown as a transition from the commercial node to the
single-family. Keeping in mind the lower density guide, the proposal is to remove
the multifamily from the Plan for the southwest quadrant and show only Single
Family for this area.
On the north side of the ‘node’ the existing zoning and use goes beyond the
current Commercial area into the area shown for Multifamily. Thus a change to
expand the ‘node’ to more accurately display areas already committed to future
commercial uses is proposed. A large amount of Low Density Residential is
added to the northwest of the ‘node’. This is to provide a transition and reflect
the increase in density to the north of Kanis Road.
At the Denny-Kanis Road intersection is a Neighborhood Commercial Node. The
proposal is to enlarge the node along the north side of Denny. This expansion
more accurately reflects the already existing ‘C-1’ Neighborhood Commercial.
There is one commercial use already in place at this intersection within the area
proposed, which is only partially currently shown for Neighborhood Commercial.
Also at this node, at the southwest corner of Stewart and Kanis Road an area is
shown going to Single Family from Neighborhood Commercial. This reflects a
recent request to split a tract for two single-family homes.
In general, the package attempts to more accurately reflect the currently and
likely future use pattern based on the zoning and currently use pattern. In
addition the principals of maintaining existing zoned multifamily areas, removing
non-developed Public Use areas and protecting the low density single-family
areas to the south were used to develop an overall package for the corridor.
NEIGHBORHOOD COMMENTS:
Notices were sent to the Parkway Place Neighborhood Associations. Staff has
received no comments from area residents at the time of this writing.
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
7
STAFF RECOMMENDATIONS:
Staff believes the changes are appropriate.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
The item was placed on the consent agenda for deferral to December 21, 2006
to allow Staff time to review new information. By a vote of 9 for, 0 against
(Rahman, Allen absent) the consent agenda was approved.
STAFF UPDATE:
Mr. Elmer Tucker contacted Staff prior to the Public Hearing and requested that
his property at the southwest corner of Kanis and Stewart Roads not be changed
on the Land Use Plan. Since the proposed package of changes was designed to
more accurately reflect the existing and likely short-term future development
pattern, Staff agrees with removal of the site.
A property owner not within the areas suggested for changes, contact staff about
including their property in the package of changes before the Commission. In
order to accomplish this the item was deferred. Mr. Walter Murray provided staff
with information on his site and a neighbor to the south across Kanis Road.
These properties, 18520 and 18601 Kanis Road, are requesting Neighborhood
Commercial on the Land Use Plan. Both are current Single Family with homes
on them and a R-2 single-family zoning classification.
Staff presented the revised package to the Plans Committee at their November
29, 2006 meeting. At that time Staff reviewed the purpose of the Study and the
previously agreed to method for developing the package. The new changes
were discussed.
The addition is not consistent with the guidelines used for the Study: to prevent
strip commercialization of Kanis, and to reflect the existing zoning/use pattern
and the likely future development pattern for the area.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Walter Malone, Planning Staff, reviewed the area and reminded the Commission
that this effort started a year ago with a re-classification. Mr. Malone went over
each of the changes and the reasons for them. When staff sent out the notices
to surrounding residents (supplemental notice) a couple of property owners
December 21, 2006
ITEM NO.: C (Cont.) FILE NO.: LU06-19-07
8
asked to be included. This addition is a Single Family to Neighborhood
Commercial area just east of the Denny-Kanis split on both sides of Kanis
Road. Staff is not supportive of this change, since it could need to the
commercialization of Kanis Road, (one of the things the study was to prevent).
The Murray’s should explain the benefits to the change. Staff requested two
votes. One on the original request and a second on the added area.
Ms. Ruth Bell, League of Women Voters, addressed the Commission. She
indicated the League supported the original package of changes but did not
support the addition.
The Commission asked if the Murrays were present. No one responded from the
floor. After some discussion, the Commission decided it was appropriate to differ
the additional area to allow the Murrays to be present and address the
Commission, but not to hold up the entire package. A motion was made to differ
to February 1, 2007 the additional area. By a vote of 11 for, 0 against the motion
was approved. A second motion was made to approve the original package of
changes. By a vote of 11 for 0 against the package was approved.
December 21, 2006
ITEM NO.: D FILE NO.: LU06-19-08
Name: Land Use Plan Amendment - Chenal Planning District
Location: South of Cantrell Road, east of Joe T. Robinson school
Request: Low Density Residential, Suburban Office, and Single Family to Mixed
Office Commercial
Source: Tim Daters, White-Daters & Associates, Inc.
PROPOSAL / REQUEST:
The applicant has requested that this item be deferred to the December 21, 2006
agenda. Staff is supportive of this request.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
The item was placed on the consent agenda for deferral at the request of the applicant
to December 21, 2006. By a vote of 9 for, 0 against (Rahman, Allen absent) the
consent agenda was approved.
STAFF UPDATE:
The applicant has requested this item be deferred to the February 1, 2007 hearing to
give staff more time for review. Staff is supportive of the request.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The item was placed on consent agenda for deferral to February 1, 2007. By a vote of
11 for, 0 against the consent agenda was approved.
December 21, 2006
ITEM NO: E
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.
STAFF REPORT:
The package of proposed amendments was reviewed by the Plans Committee at
its October 4, October 18 and November 1, 2006 meetings. Upon the advice of
the City Attorney, the proposal to allow for consideration of compatibility when
reviewing preliminary plats has been dropped. Otherwise, with relatively minor
changes, the proposed package is as was presented to the Commission on
September 28, 2006. Staff recommends the Commission set December 21,
2006 as the public hearing date, with notification to the neighborhood
associations and ordinance amendment contact list.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006)
Staff presented the proposed amendment package and recommended that the
Commission set the public hearing for December 21, 2006, with notice to
neighborhood associations and the ordinance amendment contact list. 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.
December 21, 2006
ITEM NO.: E (Cont.)
2
STAFF REPORT:
The package of proposed Ordinance Amendments was sent to over 200
individuals and organizations consisting of all neighborhood associations and
coalitions and a contact list of design professionals and interested parties.
Comments and questions were solicited by staff. As of this writing, staff has
received only 3-4 informational inquiries.
One change has been made since the draft was sent out. At the request of the
Parks and Recreation Department, the proposal to move responsibility for
reviewing development of Parks and Recreation zoned properties from the
Planning Commission to the Parks and Recreation Commission has been pulled
from the amendment package.
Any additional comments received by staff will be forwarded to the Commission
at the public hearing.
STAFF RECOMMENDATION:
Staff recommends approval of the Ordinance Amendment package.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Staff presented the amendment package 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 11 ayes and 0 nays. The amendment package was
approved.
December 21, 2006
ITEM NO.: F FILE NO.: Z-4969-D
NAME: Spring Tree Village Revised Long-form PD-R
LOCATION: Located South of Yarberry Lane and East of Doe Run on Spring
Tree Drive
DEVELOPER:
Mike Smith
51 Westfield Court
Little Rock, AR 72210
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Parkway
Little Rock, AR 72209
AREA: 29.34 acres NUMBER OF LOTS: 100 FT. NEW STREET: 4,500 LF
CURRENT ZONING: R-2 and OS
ALLOWED USES: Single-family and Open Space
PROPOSED ZONING: PD-R
PROPOSED USE: Single-family Residential
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 15,437 adopted by the Little Rock Board of Directors on February 16,
1988, established the Springtree Village Long-form PD-R. The approval included the
development of 61 zero-lot line homes in two phases. The site included 1.5 acres of
open space the developer would maintain until the City requested the area be dedicated
as public open space.
Ordinance No. 16,490 adopted by the Little Rock Board of Directors on September 21,
1993, revised the previously approved PD-R to allow Lots 1 and 4 of the Springtree
Village Subdivision to install a metal patio cover over an existing concrete patio, fence
the rear yard, move the rear building line from the location platted to coincide with the
December 21, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4969-D
2
rear open space and utility easement and construct a metal storage building three feet
off the rear and south property lines.
Ordinance No. 19,524 adopted by the Little Rock Board of Directors on May 2, 2006,
revised the previously approved Planned Residential Development to allow
18 previously platted lots to develop with 11 detached single-family homes. A request
to revise the previously platted building lines was also approved which established zero
lot line lots as a part of the original approval. The replat would include a 25-foot front
platted building line with setbacks as established by the Zoning Ordinance or 25-foot
rear yard and side yard setbacks of 10 percent of the width of the lot not to exceed eight
feet.
A. PROPOSAL/REQUEST:
The applicant is now proposing a revision to the previously approved Planned
Residential Development to allow the expansion of the previously approved
zoning area. The current request includes the creation of 100 single-family lots
contained on 29.34 acres located to the south and east of the previously
approved area. The site plan indicates the homes will be constructed in four
phases with 12 lots in the first phase, 31 lots in the second phase, 23 lots in the
third phase and 34 lots in the final phase. Existing City streets, which were
previously stubbed-out, will be constructed to allow additional accesses to the
subdivision.
The lots are indicated with an average lot size of 70-feet by 115-feet and a
minimum lot size of 70-feet by 104-feet. Setbacks are proposed with a 25-foot
front building line, a 25-foot rear yard setback and side yard setbacks of
10 percent of the lot width not to exceed eight feet. A maximum builidable area
of 3,000 square feet is proposed.
B. EXISTING CONDITIONS:
The area is vacant with a scattering of trees. There are several homes, which
have been constructed in the subdivision located to the north. In the general
area there are a number of new single-family homes and new single-family
subdivisions currently being developed.
C. NEIGHBORHOOD COMMENTS:
Southwest Little Rock United for Progress, the Deer Meadow Neighborhood
Association, all owners of property located within 200-feet of the site and all
residents, who could be identified, located within 300-feet of the site were notified
of the public hearing. As of this writing, staff has received several informational
phone calls from an area resident.
December 21, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4969-D
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Traffic calming devices are required for long straight streets to discourage
speeding. Traffic circles or round-abouts are suggested at regular intervals
and at main intersections. Contact Nat Banihatti, Traffic Engineer at
379-1816 for additional information. Provide traffic calming devices on
Springtree Drive and Springtree Circle.
2. Provide a letter prepared by a registered engineer certifying the site distance
at the intersections comply with 2004 AASHTO Green Book standards.
3. With site development, provide the design of the streets conforming to the
Master Street Plan. Construct one-half street improvements to the streets
including a 5-foot sidewalk with the planned development.
4. 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.
5. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
6. If disturbed area is one (1) or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
7. On site striping and signage plans should be forwarded to Public Works,
Traffic Engineering for approval with the site development package.
8. Prepare a letter of pending development addressing street lights as required
by Section 31-403 of the Little Rock code. Contact Traffic Engineering at
(501) 379-1813 (Steve Philpott) for more information regarding street light
requirements.
9. Sidewalks should be installed along Springtree Drive and Springtree Circle.
10. 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).
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements. Contact the Little
Rock Wastewater Utility at 688-1414 for additional information.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
AT & T: No comment received.
December 21, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4969-D
4
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. A water main extension will be
required in order to provide service to this property. This development will have
minor impact on the existing water distribution system. Proposed water facilities
will be sized to provide adequate pressure and fire protection.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Single Family for this property. The applicant
has applied for a revision of a previously approved Planned Residential
Development to allow the creation of 100 lots on this 29.34-acre tract for future
single-family development.
The request does not require a change to the Land Use Plan.
Master Street Plan: Springtree Drive is shown as a Local Street on the Master
Street Plan and Yarberry Lane is shown as a Collector. These streets may
require dedication of right-of-way and may require street improvements. The
primary function of a Collector Street is to provide a connection from Local
Streets to Arterials. The primary function of a Local Street is to provide access to
adjacent properties.
Bicycle Plan: A Class I bike route is proposed for south of this area according to
the Master Street Plan Bicycle Section. A Class I bikeway is built separate from
or alongside a road. Additional paving and right of way may be required.
City Recognized Neighborhood Action Plan: The property under review is not
located in an area covered by a City of Little Rock recognized neighborhood
action plan.
Landscape: No comment.
December 21, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4969-D
5
G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006)
The applicant was present representing the request. Staff presented an
overview of the proposed request indicating there were a few outstanding issues
associated with the request. Staff requested the applicant provide a detailed bill
of assurance for the proposed subdivision. Staff also requested the applicant
provide the minimum square footage of the homes proposed for construction and
the proposed building materials. Staff stated the request was a rezoning from
R-2 and OS to PD-R expanding the previously approved Planned Development
zoning area.
Public Works comments were addressed. Staff stated traffic claming devices
were required along straight streets. Staff stated traffic circles or round-abouts
were suggested at regular intervals. Staff requested the developer verify the
sight distances at intersections. Staff also stated the storm water detention
ordinance applied to the development of the property. Staff stated sidewalks
should be installed along Springtree Drive and Springtree Circle. The Committee
indicated the sidewalks should be placed at the back of the right of way and not
at the back of the curb.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the November 16, 2006, Subdivision Committee meeting. The
applicant has indicated minimum square footage of the homes, the proposed
building materials, provided a certification of the sight distances at intersections
and indicated traffic calming devises along the straight streets. The minimum
square footage of the homes proposed is 1,000 square feet of heated and cooled
space. The proposed building materials are brick, wood and/or siding.
The request includes a revision to the previously approved Planned Residential
Development to allow an expansion of the total land area of the previously
approved zoning area. The current request includes the creation of 100 single-
family lots contained on 29.34 acres located to the south and east of the
previously approved PDR site. The site plan indicates the homes will be
constructed in four phases with 12 lots in the first phase, 31 lots in the second
phase, 23 lots in the third phase and 34 lots in the final phase. Existing City
streets, which were previously stubbed-out, will be constructed to allow additional
accesses to the subdivision.
December 21, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4969-D
6
The lots are indicated with an average lot size of 70-feet by 115-feet
(8,050 square feet) and a minimum lot size of 70-feet by 104-feet (7,280 square
feet). Setbacks are proposed with a 25-foot front building line, a 25-foot rear
yard setback and side yard setbacks of 10 percent of the lot width not to exceed
eight feet. A maximum builidable area of 3,000 square feet is being proposed.
The site plan indicates fences will not be constructed by the home-builder but
have been indicated to allow the future homeowners to place a fence if they
desire. The fences will be placed along the side and rear yards of the new
homes as typically allowed in single-family developments.
Staff is supportive of the proposed request. The applicant is proposing the
development of single-family homes through a planned residential development
district consistent with single-family development per the Subdivision Ordinance.
Staff feels the lots as proposed allow for adequate outdoor living area. The site
is currently zoned R-2 and OS and identified as Single-family on the City’s Future
Land Use Plan. The request includes the development of homes at a 3.4 unit per
acre density, which is consistent with the density allowed per the Single-family
Land Use Designation and is typical of new single-family subdivisions developing
in the area. To staff’s knowledge there are no outstanding issues associated
with the request. Staff feels the development of new homes in the area will not
significantly impact the adjoining property owners.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the above
agenda staff report.
PLANNING COMMISSION ACTION: (DECEMBER 7, 2006)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item stating the applicant had failed to notify
property owners as required by the Commission’s By-laws. Staff presented a
recommendation of deferral of the item to the December 21, 2006, public hearing.
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.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The applicant was present representing the request. There were no registered objectors
present. Staff presented the item with a recommendation of approval subject to
December 21, 2006
ITEM NO.: F (Cont.) FILE NO.: Z-4969-D
7
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the above agenda staff report.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for approval. The motion carried by a
vote of 11 ayes, 0 noes and 0 absent.
December 21, 2006
ITEM NO.: G FILE NO.: Z-7593-C
NAME: South Shackleford Hotel Short-form PCD
LOCATION: Located in the 800 Block of South Shackleford Road
DEVELOPER:
David Patel
300 Markham Center Drive
Little Rock, AR 72205
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Parkway, Suite A
Little Rock, AR 72210
AREA: 0.74 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0
CURRENT ZONING: O-3, General Office District
ALLOWED USES: Office
PROPOSED ZONING: PD-C
PROPOSED USE: 4-story 46 room hotel facility
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
A rezoning request and a conditional use permit were originally filed for this site. The
applicant proposed to rezone the site from O-3 to O-2 and also requested a conditional
use permit to allow the construction of a five-story fifty-eight room hotel. On June 2,
2004, the applicant submitted a request that the conditional use permit be withdrawn,
which was approved by the Little Rock Planning Commission at their June 17, 2004,
Public Hearing. The accompanying rezoning request was to be amended to a PD-C.
On July 15, 2004, the Little Rock Planning Commission denied a request to rezone the
site to Planned Commercial Development to allow the placement of a hotel on this site.
The applicant proposed the construction of a four story forty-six room hotel facility on
the site. The proposal included the placement of 56 on-site parking spaces. The total
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
2
building height proposed was 45-feet. The applicant indicated a total of 26.42 percent
or 6,758.57 square feet of landscaped area. The total floor area included
4,841.68 square feet on the first floor, 5,082.97 square feet on each of the remaining
three floors for a total floor area of 20,090.59 square feet. A six foot monument style
sign was proposed along Shackleford Road not to exceed the sign area allowed in
office zones.
A. PROPOSAL/REQUEST:
The applicant is proposing the rezoning of this site to Planned Office
Development to allow the placement of a four story hotel containing 42 rooms
and 46 parking spaces. The site plan indicates the ground floor containing
5,300 square feet with the remaining three floors containing 6,120 square feet.
The maximum height of the building is 52-feet.
The site plan indicates the site contains 1.72 acres with 17.6 percent covered in
building and 55.78 percent in paved area. The site plan indicates a single
ground mounted monument style sign located along South Shackleford Road
with a maximum height of six feet and a maximum sign area of sixty-four square
feet. Building signage is proposed consistent with signage as typically allowed in
commercial zones or a maximum of ten percent of the façade area.
B. EXISTING CONDITIONS:
The site is located in an area dominated by office uses and zoning. The
predominant use is larger, multi-story office buildings on larger tracts. Other uses
in the general vicinity include other hotels, a restaurant and a furniture store. The
I-430 right-of-way is located across Shackleford Road, to the east.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one phone call from an area resident. The
Birchwood and the John Barrow Neighborhood Associations, all property owners
within 200 feet of the site and all residents, who could be identified, within
300 feet of the site were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
Public Works:
1. Sidewalks with appropriate handicap ramps are required to be installed along
Shackleford Road in accordance with Section 31-175 of the Little Rock Code
and the Master Street Plan.
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
3
2. Private access is proposed for this lot. In accordance with Section 31-207,
private streets must be designed to the same standards as public streets.
Sidewalks with access ramps should be installed along the 40 foot access
easement on south side of site.
3. Parking space #1 should be removed because the vehicle in parking space
#1 will back into the driveway and easement.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements. Contact Little
Rock Wastewater Utility at 688-1414 for additional information.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. The facilities on-site will be
private. When meters are planned off private lines, private facilities shall be
installed to Central Arkansas Water's material and construction specifications
and installation will be inspected by an engineer, licensed to practice in the State
of Arkansas. Execution of Customer Owned Line Agreement is required. This
development will have minor impact on the existing water distribution system.
Proposed water facilities will be sized to provide adequate pressure and fire
protection.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-430 Planning District. The
Land Use Plan shows Office for this property. The applicant has applied for a
rezoning from O-3 to Planned Commercial Development to allow the placement
of a hotel on the site.
The request does not require a change to the Land Use Plan.
Master Street Plan: South Shackleford Road is shown as a Minor Arterial on the
Master Street Plan. A Minor Arterial provides connections to and through an
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
4
urban area and their primary function is to provide short distance travel within the
urbanized area. Entrances and exits should be limited to minimize negative
effects of traffic and pedestrians on South Shackleford since it is a Minor Arterial.
This street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the
immediate vicinity of the development.
City Recognized Neighborhood Action Plan: The applicant’s property lies in the
area covered by the Walnut Valley Neighborhood Action Plan. While the
neighborhood action plan has many goals pertaining to community
redevelopment, it does not cover this issue.
Landscape:
1. Compliance with the City’s Landscape and Buffer Ordinances is required.
2. The area along the northern property line falls below the nine foot (9’) wide
minimum landscape strip. A variance from the City Beautiful Commission will
be required.
3. Otherwise, areas set aside for landscaping appear to meet the City’s
minimum landscape requirements.
G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006)
Mr. Pat McGetrick was present representing the request. Staff presented an
overview of the proposed development indicating there were a few outstanding
issues associated with the request. Staff requested the applicant provide details
of the proposed signage. Staff also requested Mr. McGetrick provide a note
concerning the required screening.
Public Works comments were addressed. Staff stated access to the proposed
site should be constructed to public street standard. Staff also stated the parking
space #1 should be removed because the vehicle in parking space #1 would
back into the driveway easement.
Landscaping comments were addressed. Staff stated the area along the
northern perimeter fell below the nine foot minimum as required by the
Landscape Ordinance.
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
5
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the issues
raised at the October 5, 2006, Subdivision Committee meeting. The applicant
has indicated the proposed dumpster screening and included the total height and
area of the proposed signage. The site plan has removed proposed parking
space #1 as requested by Public Works. The revised site plan also indicates the
minimum buffer along the northern perimeter. The revised site plan also
indicates interior landscaping per the minimum requirements of the Landscape
Ordinance.
A 42-room hotel is required to have 46 on-site parking spaces based on one
space per room plus an additional 10% for staff, etc. The applicant is proposing
46 on-site parking spaces as typically required. The parking is accessed via two
driveways off of a 24-foot private driveway that serves this lot and other
properties to the south. The hotel will not have any meeting rooms, restaurant or
bar that might generate additional parking requirements.
The applicant is requesting approval of a Planned Commercial Development to
allow for the development of a 4-story, 42-room hotel on the site. The building will
have 23,660 square feet and be 52 feet in height. The proposed hotel will not
have a restaurant or meeting rooms. Signage is proposed to consist of a single
ground-mounted sign on the Shackleford Road frontage which will comply with
ordinance standards for office zones; 6 feet tall and 64 square feet in area. Wall
signage is proposed on the front (east) façade complying with Ordinance
Standards; 10% coverage.
Staff is supportive of the request. Staff feels the development of a multistory
building for a hotel with a relatively small number of rooms is compatible with
uses and zoning in the area. The proposed site plan indicates parking,
landscaping, building heights and signage consistent with typical minimum
ordinance requirements for this type development. To staff’s knowledge there
are no outstanding issues associated with the request. Staff feels the proposed
development of the site for a hotel is an appropriate use for the site.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
6
PLANNING COMMISSION ACTION: (OCTOBER 26, 2006)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item indicating applicant had submitted a request
dated October 24, 2006, requesting this item be deferred to the December 7, 2006,
public hearing. Staff stated the deferral request would require a waiver of the
Commission’s By-laws with regard to the late deferral request. Staff stated they were
supportive of the deferral request.
There was no further discussion of the item. A motion was made to waive the
Commission’s By-laws with regard to the late deferral request. The motion carried by a
vote of 10 ayes, 0 noes and 1 absent. A motion was made for placement of the item on
the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
STAFF UPDATE:
The applicant submitted a revised site plan to staff relocating the structure and
redesigning the proposed parking area. Previously staff supported the applicant’s
proposal due to the site plan meeting most of the typical minimum ordinance
requirements for a hotel development. This is no longer the case and staff no longer
supports the request. The redesigned plan indicates the placement of a five story hotel
with a total of 53 rooms and 38 on-site parking spaces. The site plan indicates 16 off-
site parking spaces but the applicant has not provided staff with any written agreements
from adjoining property owners indicating their willingness to provide the additional
parking. Typically, a hotel facility is required one parking space per room plus an
additional ten percent of the total parking spaces required for developments larger than
20 rooms for employees and non-guest users patronizing meeting rooms, restaurants
and other facilities. The proposed hotel is not proposing the placement of meeting
rooms, restaurants or other facilities. Based on the typical minimum parking required a
hotel with 53 rooms would be required a total of 58 on-site parking spaces.
The site plan indicates the placement of a nine-foot landscape strip along the northern
perimeter, the minimum required by typical ordinance standard, a nine-foot eight-inch
landscape strip along the southern property line and an eleven-foot one-inch landscape
strip along the western perimeter adjacent to Shackleford Road. The indicated
landscaping appears to comply with the typical minimum ordinance requirements per
the Landscape and Zoning Ordinance.
The site plan indicates the placement of a dumpster along the front side of the building.
A note has been included indicting the dumpster will be screened per typical minimum
ordinance standards. Signage has also been indicated on the site plan. The sign is
proposed to comply with signage allowed in office zones or a maximum of six feet in
height and sixty-four square feet in area.
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
7
As previously stated staff is not supportive of the request. The parking indicated on the
site plan is not adequate to meet the typically minimum requirements of a hotel
development. The parking is indicated at 65 percent of the typical minimum ordinance
standard. Staff feels the development should more fully comply with the typical
minimum ordinance standards.
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (DECEMBER 7, 2006)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item indicating the applicant had submitted
additional information which they had not had time to review. Staff requested a deferral
of the item to the December 21, 2006 public hearing to allow staff additional time to
review the information.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant submitted a revised site plan to staff on December 7, 2006. The revised
plan indicates the placement of a four-story hotel on the site with a total of 41 rooms.
The site plan indicates the placement of 40 on-site parking spaces and three parallel
spaces along the 40-foot access easement. The revised site plan does not indicate the
placement of interior landscaping as required by minimal ordinance requirements.
Staff is not supportive of the request as proposed. Staff does not feel the placement of
the three parallel spaces along the service drive is appropriate. The service drive is
indicated as a 40-foot access and utility easement. Typically access easements serving
commercial developments are a minimum of 60-feet. Staff feels with the narrow drive
the placement of the parking within the drive area will create an unsafe situation. The
total parking required for a hotel facility with 41 rooms would be 45 parking spaces. The
site plan, as indicated is a minimum of two parking spaces short of the typical minimum
ordinance standard and if the three parallel spaces are removed the site plan will be five
parking spaces short of the typical minimum ordinance standards. In addition, the site
plan does not include interior landscaping as typically required by minimum ordinance
standards. Staff feels once the interior landscaping is placed within the parking area,
this will result in the loss of additional parking spaces available to serve the
development.
Staff recommends denial of the request as filed.
December 21, 2006
ITEM NO.: G (Cont.) FILE NO.: Z-7593-C
8
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The applicant was present representing the request. There were no registered objectors
present. Staff presented the item stating the applicant had submitted a letter dated
December 21, 2006, requesting the item be withdrawn from consideration without
prejudice. Staff stated the withdrawal request would require a waiver of the
Commission’s By-laws with regard to the late withdrawal request. Staff stated they
were supportive of the withdrawal request and the By-law waiver.
There was no further discussion of the item. The Chair entertained a motion for the
waiver of the Commission’s By-laws with regard to the late withdrawal request. The
motion carried by a vote of 11 ayes, 0 noes and 0 absent. The Chair entertained a
motion for placement of the item on the Consent Agenda for approval. The motion
carried by a vote of 11 ayes, 0 noes and 0 absent.
December 21, 2006
ITEM NO.: H FILE NO.: Z-7723-B
NAME: Treadway’s Revised Short-form PCD
LOCATION: Located at 1115 Jefferson Street
DEVELOPER:
Calvary Bread of Life Ministries International
Kingsley Eruemulor
P.O. Box 21202
Little Rock, AR 72221-1202
ENGINEER:
Blaylock-Threet Engineers, Inc.
1501 Market Street
Little Rock, AR 72211
AREA: 0.32 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
CURRENT ZONING: PCD
ALLOWED USES: Church and C-3 uses
PROPOSED ZONING: Revised PCD
PROPOSED USE: Remove the required on-site parking
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
Ordinance No. 19,181 adopted by the Little Rock Board of Directors on September 21,
2004, established Treadway Short-form PCD. The request included a replat of Lots 1
and 2, Block 30 of the Cunningham’s Addition to the City of Little Rock. Each of the lots
contained individual buildings, which were constructed over lot lines several years ago.
The indicated lots were zoned C-3, General Commercial District which typically required
a 100-foot lot width, 14,000 square foot lot area and setbacks of 25-feet front yard, 25-
feet rear yard and 15-feet side yard. The proposed plat indicated lot widths of 85-feet
December 21, 2006
ITEM NO.: H (Cont.) FILE NO.: Z-7723-B
2
and 55-feet, a lot area of 8,500 square feet and 5,500 square feet and reduced front,
side and rear yard setbacks.
A three year deferral of the required street improvements associated with the
redevelopment of Lot 2R was approved. The improvements to Lot 1 R were tied to the
redevelopment of Lot 1R. An in-lieu contribution based on fifteen percent of the total
building addition cost to be paid at the end of the three year deferral was approved.
The approved plan indicated the placement of 21 on-site parking spaces shared
between the two lots. The proposed uses of the site would include the development of
a church on Lot 2R and commercial uses as allowed under the C-3, General
Commercial District zoning classification for Lot 1R.
The approved site plan did not include the placement of landscaping on the site. Due to
the limits of size and setbacks of the site landscaping would be an extreme hardship
and reduce the number of parking spaces on the site.
A request to revise the previously approved Planned Commercial Development to
expand the allowable uses for the site was to be considered by the Commission at their
October 26, 2006, public hearing. The applicant proposed to amend the previously
approved Planned Commercial Development for Lot 1R to add sales and service and
customizing of automotive vehicles as specified by individual clients as an allowable
use. Customization was to include installation of stereos and other unique décor;
modification of auto parts, both interior and exterior, which would require disassembly
and reassembly; installation of decorative parts; and painting murals on vehicles. The
applicant later requested the item be withdrawn from consideration. The Commission
approved this withdrawal request at their October 26, 2006, public hearing.
A. APPLICANT’S STATEMET/PROPOSAL/REQUEST:
On August 30, 2005, the Calvary Bread of Life Ministries Family entered into a
written agreement with Central Regional Construction, owned by Mr. Terry
Jackson, concerning the renovation of the church building located at 1115
Jefferson Street. The church was quoted a renovation price of $92,129.64 with
the understanding that one of the walls of the former church building would
remain. The church requested a change on the roof of the structure. The church
was required to pay an additional $34,834.20. The church has paid the
construction cost.
After a number of meetings and telephone calls with Mr. Jackson, the church
realized that there was no validity in his statements and inquired help in finding
what could be done to move the contract forward in the time frame set for
completion. The Church checked with the Arkansas State contractors License
Board which indicated he was not licensed to do commercial property work over
$20,000.00. Mr. Jackson’s license is authorized for residential construction only.
December 21, 2006
ITEM NO.: H (Cont.) FILE NO.: Z-7723-B
3
After checking with the City of Little Rock, it was determined he had not followed
City guidelines nor City construction codes. The Church is now required to
construct a new building on the site. With the construction of the new building,
there will be no on-site parking.
B. EXISTING CONDITIONS:
The site contains two non-residential buildings; one accessed from West 12th
Street, the second from Jefferson Street. West 12th Street is a four lane roadway
with turn-lanes at intersections, recently resurfaced. Jefferson Street is a narrow
roadway with open ditches for drainage and no sidewalk, curb or gutter in place.
To the north of the site are single-family homes and to the southeast and
southwest are non-residential retail uses. Across West 12th Street is a multi-
family development, Madison Heights.
C. NEIGHBORHOOD COMMENTS:
As of this writing, Staff has received one phone call from an area resident. The
Hope and the Forest Hills Neighborhood Associations, all property owners within
200 feet of the site and all residents, who could be identified, within 300 feet of
the site were notified of the Public Hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. 12th Street is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 35 feet from centerline (reduced standard right-of-
way) will be required. Public Works files show the right-of-way dedication
required by the original application has yet to be dedicated. Provide
dedication or proof of dedication.
2. The proposed land use would classify Jefferson Street on the Master Street
Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline.
Public Works files show the right-of-way dedication required by the original
application has yet to be dedicated. Provide dedication or proof of dedication.
3. A 20 foot radial dedication of right-of-way is required at the intersection of
Jefferson and 12th Streets. Public Works files show the right-of-way
dedication required by the original application has yet to be dedicated.
Provide dedication or proof of dedication.
4. With final platting, provide the design of the street conforming to the Master
Street Plan. Construct one-half street improvements to these streets
including a 5-foot sidewalk with the planned development. Ordinance No.
19,182 for a 5 year deferral of construction of street improvements on
Jefferson and 12th Streets was adopted by the BOD on September 21, 2004.
5. The proposed parking configuration will cause vehicles to back onto 12th
Street creating unsafe conditions. At the expiration of the street deferral, the
December 21, 2006
ITEM NO.: H (Cont.) FILE NO.: Z-7723-B
4
curb cuts on 12th Street and Jefferson Street must be removed and a shared
access taken off Jefferson Street.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to the property.
Entergy: No comment received.
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Additional fire hydrant(s) will
be required. Contact the Little Rock Fire Department to obtain information
regarding the required placement of the hydrant(s) and contact Central Arkansas
Water regarding procedures for installation of the hydrant(s).
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department for additional information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the I-630 Planning District. The
Land Use Plan shows Commercial for this property. The applicant has applied
for a revised short-form PCD to allow expansion of a previously approved
building area reducing the setbacks along the southern and eastern perimeters.
The request does not require a change to the Land Use Plan.
Master Street Plan: Jefferson Street is shown as a Local Street on the Master
Street Plan. Local Streets with non-residential uses along them must be
constructed to a wider cross section. This street may require dedication of right-
of-way and may require street improvements. The primary function of a Local
Street is to provide access to adjacent properties.
Bicycle Plan: A Class III bike route is shown south of this property on 12th 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.
December 21, 2006
ITEM NO.: H (Cont.) FILE NO.: Z-7723-B
5
City Recognized Neighborhood Action Plan: The applicant’s property lies in the
area covered by the Stephens Neighborhood Action Plan. The neighborhood
plan does not address this topic.
Landscape:
1. Site plan must comply with the City’s minimal landscape and buffer ordinance
requirements.
2. Landscaping may be required in conjunction with any new on-site parking.
3. The landscape ordinance and the buffer ordinance require a minimum of six
foot, nine inches (6’-9”) of landscaped area along Jefferson Street. A
variance from this minimum requirement will require approval from the City
Beautiful Commission.
G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006)
The applicant was present representing the request. Staff presented an
overview of the proposed development indicating there were additional items
necessary to complete the review process. Staff requested the applicant provide
a copy of the executed replat for the lot as indicated on the site plan.
Public Works comments were addressed. Staff stated the previous approval
required dedication of right of way along 12th and Jefferson Streets. Staff stated
to date this right of way had not been received. Staff also stated the proposed
parking configuration required cars to back into 12th Street which was not
acceptable.
Landscaping comments were addressed. Staff stated landscaping may be
required in conjunction with any new on-site paving. Staff also stated the
landscape and buffer ordinances required a minimum of six feet nine inches of
landscaped area along Jefferson Street. Staff stated a variance from the City
Beautiful Commission would be required if a reduced landscaped area was
proposed.
Staff noted comments from the various other reporting departments and
agencies suggesting the applicant contact them directly for additional information
and clarification. There was no further discussion of the item. The Committee
then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant has provided staff with the replat of the proposed lots. The plat
does not indicate the right of way dedication as requested by Public Works. Staff
recommends the applicant provide a deed document dedicating the right of way
per the Master Street Plan prior to the Board of Directors acting on this request.
December 21, 2006
ITEM NO.: H (Cont.) FILE NO.: Z-7723-B
6
The revised site plan indicates the placement of the building 5.6 feet from the
northern property line and eight feet from the southern property line. The
building is proposed at 6.5 feet from the eastern property line and 18.2 feet from
the western property line or Jefferson Street. Once the right of way is dedicated
this setback will be reduced to 13.2 feet.
The site plan will be able to achieve the required landscape strip along Jefferson
Street. The ordinance would typically require a landscape strip with a minimum
of 6.9-feet. There are no new on-site paved areas proposed.
The site plan does not indicate the placement of any on-site parking. With the
current building expansion, the previously proposed parking is no longer
available since the building is situated over a portion of the parking area. Staff is
supportive of removing the indicated parking from the approved site plan. There
are eleven spaces indicated on the site plan on the adjoining lot which the
applicant has indicated they have an agreement to utilize during church services.
In addition, the church utilizes parking across Jefferson Street from an adjoining
business.
Staff feels the use of Lot 2R should be tied specifically to a church with no
increase in seating capacity than the current proposal. Since this is a small
congregation, staff does not feel the limited number of parking spaces will
adversely impact the adjoining properties. Staff feels with the use being tied to a
church with no increase in seating capacity staff feels there should be minimal
impact on the adjoining properties and the area.
To staff’s knowledge there are no remaining outstanding issues associated with
the request.
I. STAFF RECOMMENDATIONS:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the above
agenda staff report.
Staff recommends the applicant provide a deed document dedicating the right of
way per the Master Street Plan prior to the Board of Directors acting on the
request.
PLANNING COMMISSION ACTION: (DECEMBER 7, 2006)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item stating the applicant had failed to respond
to comments raised at the November 16, 2006, Subdivision Committee meeting. Staff
December 21, 2006
ITEM NO.: H (Cont.) FILE NO.: Z-7723-B
7
presented a recommendation of deferral of the item to the December 21, 2006, public
hearing.
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.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The applicant was present representing the request. There were no registered objectors
present. Staff presented the item with a recommendation of approval subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the above agenda staff report. Staff also presented a recommendation the applicant
provide a deed document dedicating the required right of way per the Master Street
Plan prior to the Board of Directors acting on the request.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for approval. The motion carried by a
vote of 11 ayes, 0 noes and 0 absent.
December 21, 2006
ITEM NO.: I FILE NO.: LA-0013
NAME: I-430 & Col. Glenn – Hockersmith Timber Harvest
LOCATION: Southwest corner of I-430 & Colonel Glenn Road
APPLICANT: Glenn Ridge Crossings, LLC.
APPLICANT AGENT: Steve Hockersmith
AREA: Approximately 33 acres
CURRENT ZONING: O2
VARIANCES/WAIVERS REQUESTED: Conduct land alteration activities, harvest
timber, with construction not being imminent as required by the Land Alteration
Regulations, Sec. 29-186(b).
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest timber on approximately 33 acres located at the southwest corner of
I-430 and Colonel Glenn south of the Rave Theater with construction not being
imminent.
B. EXISTING CONDITIONS:
These 33 acre O2 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 I-430. On the north,
the property is bordered by an O2 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.
December 21, 2006
SUBDIVISION
ITEM NO.: I (Cont.) FILE NO.: LA-0013
2
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.
E. PLANNING COMMISSION: (September 14, 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.
F. PLANNING COMMISSION: (September 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.
G. STAFF UPDATE:
The applicant submitted a request dated October 11, 2006, requesting this item
be deferred to the December 7, 2006, public hearing. Staff is supportive of the
deferral request.
H. PLANNING COMMISSION: (October 26, 2006)
The applicant was present representing the request. There were no registered
objectors present. Staff stated the applicant had submitted a request dated
October 11, 2006, requesting the item be deferred to the December 7, 2006,
public hearing. Staff stated they were supportive of the deferral request. There
was not 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.
December 21, 2006
SUBDIVISION
ITEM NO.: I (Cont.) FILE NO.: LA-0013
3
I. STAFF UPDATE:
The applicant submitted a revised timber harvest plan dated December 6, 2006.
Due to the lack of sufficient time for review prior to preparation of staff
recommendation and comments. Staff recommends deferral of the request to
the December 21, 2006.
J. PLANNING COMMISSION: (December 7, 2006)
Staff informed the Commission that staff needed to defer this item to the
December 21, 2006 agenda in order for staff to review the latest submitted timber
harvest plan.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 21, 2006 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays, and 1 absent.
K. ENGINEERING COMMENTS:
1. Per Sec. 29-187(e)(2), provide a forestry management plan prepared by a
registered forester or certified arborist using best management practice
guidelines for silviculture in urban areas. Provide in report the health and
conditions of trees; estimated # of trees on site by variety and size; describe
activities to be conducted on site; and schedule to perform work.
2. Per Sec. 29-187(e)(2), clear cutting or total harvest shall not be allowed.
3. Harvest activities must comply with state and federal forestry harvest
techniques and code. Damage to offsite property must be repaired by the
applicant in a timely manner.
4. Tree tops and debris generated from the harvest activity must be removed at
the conclusion of harvest to reduce the potential fire hazard. Contact the Little
Rock Fire Department for conditions and additional requirements.
5. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Site grading, and
drainage plans will need to be submitted and approved prior to the start of
construction.
6. Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
7. Erosion controls must be installed to reduce discharge of polluted stormwater.
Additional silt fence should be installed along drainage path located near the
middle of the property on the southern property line.
December 21, 2006
SUBDIVISION
ITEM NO.: I (Cont.) FILE NO.: LA-0013
4
8. The “50 ft do not disturb” and “50 ft open space buffer” verbage on the
western, southern, and eastern property lines should be deleted and replaced
with “50 ft buffer area to remain undisturbed”.
9. Per Sec. 29-190(14), a perimeter buffer strip shall be temporarily maintained
around disturbed areas for erosion control purposes and shall be undisturbed
except for reasonable access for maintenance. The width of the strip shall be
six (6) percent of the lots width and depth. The minimum width shall be 25 ft
and the maximum shall be 40 ft. In no event shall the temporary strips be
less than the width of the permanent buffers required for the development. A
40 ft temporary buffer strip should remain on the northern property line.
L. ANALYSIS:
The Land Alteration Regulations specifically state it to be unlawful to harvest
timber on property which is not exempt by zoning, size, and construction is not
imminent. The regulations go further though and allow the applicant to request a
variance from the Planning Commission for timber harvests other than clear
cutting or total harvests.
The Timber Harvest Plan (“the plan”) shows the approximate 28.5 acres of the
total 33 acres to be harvested. The 28.5 acres contains about 31,585 trees or
1100 trees per acre. The trees consist of mainly pine pulpwood, pine saw logs
and hardwood pulpwood. The plan targets the removal of approximately
400 trees per acres, leaving about 700 trees per acre. These projections equal a
harvest of about 36% of the trees.
The plan shows a 50 foot undisturbed buffer to remain along the western,
southern and eastern property boundaries. The Land Alteration regulations also
require a 40 ft buffer to remain on the northern property line. Access to the
harvest area will be taken from Bowman Plaza Drive following installation of at
50 ft stone tracking pad. The plan states the tops and limbs of the trees will be
burned or mulched on the site. The applicant must contact the Little Rock Fire
Departments for burn permits and any additional requirements. Silt fence is
shown to be installed across the drainage paths located on the west, southwest,
southeast and east portions of the harvest area. Additional silt fence should be
installed across the second drainage path on southwest corner of the property.
The applicant has agreed to comply with Little Rock Code and all Public Works
recommendations and comments. Vegetation will be established on disturbed
areas within 21 days of completion of the harvest activities. All erosion controls
and tracking pads will be installed prior to beginning activities. A grading permit
application will submitted by the applicant to Public Works for issuance of a
grading permit prior to beginning the harvest. At completion of the harvest, all
December 21, 2006
SUBDIVISION
ITEM NO.: I (Cont.) FILE NO.: LA-0013
5
disturbed areas will be mulched or seeded to establish vegetation. Staff is
required to be contacted at conclusion of harvest and seeding for final inspection.
At the time of writing, staff has not received proof of notice to adjacent property
owners. At the time of writing, staff has not received any phone calls or letters
from adjacent property owners pertaining to this request.
M. STAFF RECOMMENDATION:
The plan shows about 36% of the trees to be harvested. A similar variance was
granted in July, 2006 for harvesting approximately 33% of timber on a 24 acre
property located on Alexander Road just west of Vimy Ridge Road. Based on
the amount of timber to be harvested, the proposed undisturbed buffers, and no
opposition from adjacent property owners, staff recommends approval of the
request subject to staff comments and recommendations.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 noes. The application was approved.
December 21, 2006
ITEM NO.: 1 FILE NO.: G-23-371
Name: Alley Right-of-Way Abandonment
Block 16, Pope’s Addition
Location: Block bounded by East 3rd, East 4th, Rock and
Commerce Streets
Owner/Applicant: River Market South LLC, Tuf-Nut Lots LLC,
J.A.P. Corporation and Creative Capital
Corp./Rett Tucker
Request: To abandon the north/south 20-foot wide alley
right-of-way (20 feet by 300 feet) located within
Block 16, Pope’s Addition.
Purpose: To incorporate the right-of-way into adjacent
property to allow a full block development
including condos, retail and a hotel.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
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. If utilities are present, alley must be maintained as an utility easement
with abandonment.
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 Right-of-Way Terrain:
The alley right-of-way is currently paved and serves as through access
between East 3rd and East 4th Streets.
December 21, 2006
ITEM NO.: 1 (Cont.) FILE NO.: G-23-371
2
D. Development Potential
After abandonment, the right-of-way will be incorporated into the
properties to the east and west for future development. Future
development includes an urban plaza, which will be part of a full block
development featuring condos, retail space and a hotel.
E. Neighborhood and Land Use Effect
The Tuf-Nut building and paved parking is located within the east half of
the block, with paved parking within the southwest quarter of the block.
The northwest quarter of the block is currently being used as a
construction staging area for the new building construction at East 3rd and
Cumberland (northeast corner).
F. Neighborhood Position
The Downtown, MacArthur Park and River Market District 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 north ten (10) feet of
the alley for an easement.
Entergy: No objection to abandonment. Retain entire area as a utility
easement.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment. Retain 10-foot easement for
existing cable.
Water: No objection to abandonment.
H. Reversionary Rights
The alley right-of-way was dedicated as part of Block 16, Pope’s Addition
to the City of Little Rock. All reversionary rights will extend equally to the
owners of the adjacent lots within the block.
December 21, 2006
ITEM NO.: 1 (Cont.) FILE NO.: G-23-371
3
I. Public Welfare and Safety 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: (NOVEMBER 30, 2006)
Rett Tucker was present, representing the application. Staff presented the
application, noting that letters from the utility companies and abstract work were
needed. Mr. Tucker presented staff with the documents.
Mr. Tucker briefly discussed the future development of the block. The issue of
utility easements was briefly discussed.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 20 foot wide north/south
alley right-of-way located within Block 16, Pope’s Addition, subject to the entire
area of abandonment being retained as a utility and drainage easement.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 2 FILE NO.: G-23-372
Name: East Crestwood Drive – Right -of-Way
Abandonment
Location: Between 4901 and 4916 East Crestwood Drive
(Lots 18 and 19, Prospect Terrace Addition)
Owner/Applicant: The Joyce C. Dillingham Revocable Trust and
Howard and Stacy Hurst/Bryan Jeffrey
Request: To abandon the 40-foot wide East Crestwood
Drive right-of-way located between Lots 18 and
19, Prospect Terrace Addition (approximately
40 feet by 100 feet).
Purpose: To incorporate the right-of-way into the adjacent
single-family lots for landscaping and driveway.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. Two (2) of the utilities request
all of the area of abandonment be retained as a utility easement. The
Public Works Comment is as follows:
1. The right-of-way should be maintained as a drainage and utility
easement and the curb re-installed across the 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 Right-of-Way Terrain:
The area of proposed abandonment is currently a paved residential street
connecting Crestwood Street to Kavanaugh Boulevard.
December 21, 2006
ITEM NO.: 2 (Cont.) FILE NO.: G-23-372
2
D. Development Potential
After abandonment, the area of right-of-way will be incorporated into the
adjacent single-family lots to the east and west for residential use,
including landscaping and driveway. As noted in paragraph A., the new
owners will be required to re-install curb and gutter along East Crestwood
Drive and Kavanaugh Blvd., adjacent to the abandoned right-of-way.
E. Neighborhood and Land Use Effect
The properties to the east, west and south are zoned R-2 and contain
single-family residences. The property across Kavanaugh Blvd. to the
north is zoned PR and part of a park property.
F. Neighborhood Position
The Prospect Terrace and Heights 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.
Entergy: No objection to abandonment. Retain area of abandonment as
a utility easement.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment.
Water: No objection to abandonment. Retain entire area of abandonment
as a utility easement.
H. Reversionary Rights
According to the Bill of Assurance the abandoned right-of-way would be
conveyed to the successors of Sidney L. Kahn and Helen Rose Kahn, the
original subdividers. An agreement has been reached to convey the
abandoned right-of-way to the owners of Lots 18 and 19, Prospect
Terrace Addition.
December 21, 2006
ITEM NO.: 2 (Cont.) FILE NO.: G-23-372
3
I. Public Welfare and Safety 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: (NOVEMBER 30, 2006)
Bryan Jeffrey was present, representing the application. Staff presented the
right-of-way abandonment application. Staff noted that there appeared to be no
outstanding issues with the application.
In response to a question from the staff, Mr. Jeffrey noted that after
abandonment the new owners would install curb and gutter.
After the brief discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 40-foot by 100-foot
portion of East Crestwood Drive right-of-way located between Lots 18 and 19,
Prospect Terrace Addition, subject to the entire area of abandonment being
retained as a utility and drainage easement.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 3 FILE NO.: G-23-373
Name: Polk Street – Right -of-Way Abandonment
Location: Adjacent to 5500 Country Club Blvd.
(Lot 14, Block 8, Newton’s Addition)
Owner/Applicant: David and Donna Cone/Stephen Giles
Request: To abandon the west 15 feet of the Polk Street
right-of-way (15 feet by 140 feet) located
adjacent to Lot 14, Block 8, Newton’s Addition to
the City of Little Rock.
Purpose: To incorporate the area of abandonment into the
adjacent lot for construction of a new single-
family residence.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. One (1) of the utilities requests
part of the area of abandonment be retained as a utility easement. The
Public Works Comment is as follows:
1. The projection of the proposed home in the right-of-way requested to
be abandoned does not appear to be out of place with the neighboring
properties. This stretch of Polk Street is unimproved. If curb and
gutter is proposed to be installed, plans must be approved by Public
Works prior to installation. No structures are allowed to be placed in
the future right-of-way.
2. A 20 feet radial dedication of right-of-way is required at the intersection
of Polk Street and Country Club Boulevard. The radial dedication
should begin at the new proposed right-of-way line on Polk Street.
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.
December 21, 2006
ITEM NO.: 3 (Cont.) FILE NO.: G-23-373
2
C. Characteristics of Right-of-Way Terrain:
The area of abandonment is currently undeveloped and used as yard
space for the residence at 5500 Country Club Boulevard.
D. Development Potential
After abandonment, the property owner of Lot 14, Block 8, Newton’s
Addition (5500 Country Club Blvd.) proposes to remove the existing house
and construct a new single-family residence. The new residence would
extend approximately 7.5 feet into the 15-foot wide area proposed for
abandonment.
E. Neighborhood and Land Use Effect
The area of proposed abandonment is surrounded entirely by R-2 zoned
property and single-family residences.
F. Neighborhood Position
The Heights Neighborhood Association was notified of the abandonment
request. As of this writing, staff knows of no objectors to the
abandonment request.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain south ten (10) feet of
abandonment for an easement.
Entergy: No objection to abandonment.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment.
Water: No objection to abandonment.
H. Reversionary Rights
The Polk Street right-of-way was dedicated with the original subdivision of
Newton’s Addition to the City of Little Rock. The reversionary rights will
extend to the owner of Lot 14, Block 8, Newton’s Addition for this portion
of the west half of the right-of-way.
December 21, 2006
ITEM NO.: 3 (Cont.) FILE NO.: G-23-373
3
I. Public Welfare and Safety 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: (NOVEMBER 30, 2006)
Stephen Giles was present, representing the application. Staff presented the
application, noting that some additional documentation was needed.
Mr. Giles briefly discussed the proposed use of the right-of-way after
abandonment. Public Works noted that a 20-foot radial dedication was required
at the intersection of Polk Street and Country Club Blvd. The issue of sidewalks
was briefly discussed.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of the 15-foot by 140-foot
portion of the Polk Street right-of-way located adjacent to Lot 14, Block 8,
Newton’s Addition, subject to the south 10 feet of the right-of-way being retained
as a utility and drainage easement.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 4 FILE NO.: Z-8143
NAME: Butler Day Care Family Home – Special Use Permit
LOCATION: 8600 Shiloh Drive
OWNER: Acy and Linda Butler
APPLICANT: Acy and Linda Butler
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
8600 Shiloh 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 Shiloh Homeowners
Association and SWLR United for Progress were notified of the public
hearing.
B. Staff Analysis:
8600 Shiloh Drive is located on the north side of Shiloh Drive, east of
Mabelvale Cut-Off. All surrounding properties are zoned R-2 and contain
single-family residences.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The applicants propose to operate the
day care family home from 6:00 a.m. to 6:00 p.m., Monday through Friday.
The applicants have noted that there will be one (1) part-time employee as
required by the State Department of Human Services.
There is a two-car wide concrete driveway from Shiloh Drive, with parking
for six (6) vehicles including the garage. Staff feels this will allow sufficient
space for drop-off and pick-up of children. On inspection of the site, staff
observed no vehicles parked on unpaved areas. Staff also observed no
vehicles on the site, which were not operational.
The applicant is currently licensed by the State to care for up to five (5)
children at this location. The applicant is in the process of being licensed
by the State for up to ten (10) children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single-family zones will be permitted. The
December 21, 2006
ITEM NO: 4 (Cont.) FILE NO.: Z-8143
2
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1977 and appears to still be in effect. The Bill of
Assurance contains the following language:
“Lots in this subdivision shall be used for residential
purposes only.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes
the site and location criteria for day care family homes as follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
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.
December 21, 2006
ITEM NO: 4 (Cont.) FILE NO.: Z-8143
3
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issue associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
Acy Butter was present, representing the application. Staff presented the
application to the Committee.
Staff noted that there were no outstanding issues, as the application
appeared to comply with all ordinance requirements.
There being no further issues for discussion, the Committee forwarded the
application to the full Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 8600 Shiloh Drive, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
360-54(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
daylight hours.
December 21, 2006
ITEM NO: 4 (Cont.) FILE NO.: Z-8143
4
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Acy Butler was present, representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Acy Butler addressed the Commission in support of the application. He
explained that he and his wife have cared for up to five (5) children since
October, and have had no complaints from neighbors. He noted that the net
increase would be only two (2) children, since he had three (3) children of his
own which would have to be counted.
Commissioner Laha asked if any therapists would visit the site. Mr. Butler stated
that only the State would make occasional inspections of the site.
There was a brief discussion of the notification process.
Commissioner Adcock asked if food would be delivered to the site. Mr. Butler
stated that there would be no deliveries and food would be prepared on site.
Ruth Bell addressed the Commission in support of the application. She
expressed support of day care family homes being operated in compliance with
City and State standards.
Darryl Laws addressed the Commission in opposition. He noted the proposed
day care family home violated the Subdivision Bill of Assurance. Cindy Dawson,
City Attorney noted that a day care family home is not considered a commercial
use, as the principal use of the property remains single family. She noted that
enforcement of the Bill of Assurance could be pursued by the neighborhood.
Mr. Laws questioned the notification procedure. Staff explained that notices
were sent to 20 property owners within 200 feet of the site and 25 residents
within 300 feet. Staff noted that the SWLR United for Progress and Shiloh
Neighborhood Associations were mailed notices on November 16, 2006. There
was additional discussion of the notice issue.
Mr. Butler submitted a petition of support from surrounding neighbors. He noted
that many of the neighbors supported his day care use.
There was a brief discussion of how many day care family homes could go in this
neighborhood.
There was a motion to approve the Special Use Permit as recommended by
Staff. The motion passed by a vote of 8 ayes and 3 nays. The application was
approved.
December 21, 2006
ITEM NO.: 5 FILE NO.: Z-8140
Owner: M. E. Seckt LTD Co.
Applicant: Chuck Clifton
Location: 4720 West Markham Street
Area: 0.16 Acre
Request: Rezone from R-3 to O-3
Purpose: Real Estate Office
Existing Use: Single family residence
SURROUNDING LAND USE AND ZONING
North – Single family residences; zoned R-3
South – Arkansas State Health Department complex (across West
Markham Street); zoned R-2
East – Office and commercial uses (along West Markham Street);
zoned O-3, C-1 and C-3
West – Single family residences (across N. Spruce Street); zoned R-3
A. PUBLIC WORKS COMMENTS:
1. Markham Street is classified on the Master Street Plan as a minor
arterial with special design standards. A dedication of right-of-way 35
feet from centerline is usually required. Due to the location of the
structure and fence in relationship to the street, dedicate to 1 foot
south of the existing fence.
2. A 20-foot radial dedication of right-of-way is required at the intersection
of Markham and Spruce Street.
3. Spruce Street is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be
required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #5 (West Markham Route).
December 21, 2006
ITEM NO: 5 (Cont.) FILE NO.: Z-8140
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Hillcrest Residents
Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Heights-Hillcrest Planning District. The Land
Use Plan shows Office for this property. The applicant has applied for a
rezoning from R-3 Single Family District to O-3 General Office District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
West Markham Street is shown as a Minor Arterial on the Master Street
Plan. The street may require dedication of right-of-way and may require
street improvements. A Minor Arterial provides connections to and through
an urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Markham Street
since it is a Minor Arterial.
Bicycle Plan:
According to the Master Street Plan Bicycle section, a Class III bike route
is shown just west of this location on North Monroe 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 II bicycle route signage may be
required.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Hillcrest
Neighborhood Action Plan. The Zoning and Land Use goal has this
objective relevant to this case: “Adopt a plan of action to stop the
degradation, to reverse its course, and to recreate a neighborhood that is
once again a pleasant place to work and live. This includes no net loss of
residential units by demolition or conversion to other uses.”
E. STAFF ANALYSIS:
M. E. Seckt LTD Co., owner of the 0.16 acre lot at 4720 West Markham
Street, is requesting to rezone the property from “R-3” Single Family District
to “O-3” General Office District. The property is located at the northeast
December 21, 2006
ITEM NO: 5 (Cont.) FILE NO.: Z-8140
3
corner of West Markham Street and N. Spruce Street. The rezoning is
proposed to allow use of the existing building as a real estate office.
There is currently a one-story frame single family structure on the property.
There is a paved alley along the rear (east) property line. The alley does
not extend the entire length of the block. The alley ties into a paved parking
lot for the office use immediately to the east.
The general area contains a mixture of uses and zoning. The State Health
Department facilities are located across West Markham Street to the south.
There are single family residences to the north and across N. Spruce Street
to the west. There is a mixture of office and commercial uses further west.
There is also a mixture of office and commercial uses to the east, along the
north side of West Markham Street.
The City’s Future Land Use Plan designates this property as “Office”. The
requested O-3 zoning does not require an amendment to the Land Use
Plan.
Staff is not supportive of the requested rezoning. The City’s Zoning
ordinance requires O-3 zoned lots to have a minimum of 14,000 square
feet. The property in question is only 7,000 square feet in area. Given the
fact that the applicant wishes to utilize the existing residential structure as
an office and that there are adjacent single family residences to the north
and west, staff recommends the applicant file for a “PZD” Planned Zoning
Development. Staff feels that site plan issues such as maintaining the
residential appearance of the property, parking design, lighting, signage,
etc. should be addressed with the property’s proposed change in use. If the
applicant were to secure the additional lot or two to the north for an overall
redevelopment, staff could possibly support as O-3 zoning, as was the case
with the office building immediately to the east. Staff believes that rezoning
only one (1) residential lot at this location could have an adverse impact on
the adjacent residential property.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Staff informed the Commission that the applicant submitted a letter on December
19, 2006 requesting the application be deferred to the March 1, 2007 Agenda.
Staff supported the deferral request.
December 21, 2006
ITEM NO: 5 (Cont.) FILE NO.: Z-8140
4
With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws
and accept the deferral request being less than five (5) days prior to the public
hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 1, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays.
December 21, 2006
ITEM NO.: 6 FILE NO.: Z-8141
Owner: Pauline Myers
Applicant: Joe White, White-Daters and Associates
Location: 11701 West 36th Street
Area: 2.04 Acres
Request: Rezone from R-2 to O-3
Purpose: General Office Use
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Church at Rock Creek development and undeveloped property
(across West 36th Street); zoned POD and R-2
South – Undeveloped property; zoned OS, R-2 and C-2
East – Single family residence on large lot and undeveloped property;
zoned R-2 and MF-12
West – Single family residences on large lot; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. 36th 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.
2. With future site development, provide design of street conforming to
the Master Street Plan. Construct one-half street improvement to 36th
Street including 5-foot sidewalks with future development.
3. The subject property is in the 100-year floodplain. Any future
development or expansion will be subject to the City of Little Rock
floodplain regulations.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route #14 (Rosedale Route) runs
along Shackleford Road and West 36th Street to the east.
December 21, 2006
ITEM NO: 6 (Cont.) FILE NO.: Z-8141
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan
shows Mixed Office Commercial for this property. The applicant has
applied for a rezoning from R-2 Single Family District to O-3 General
Office District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
West 36th Street is shown as a Minor Arterial on the Master Street Plan.
This street may require dedication of right-of-way and may require street
improvements. A Minor Arterial provides connections to and through an
urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on West 36th Street
since it is a Minor Arterial.
Bicycle Plan:
A Class II bike route is shown on West 36th Street according to the Master
Street Plan bicycle section. A Class II bikeway is located on the street as
either a 5’ shoulder or six foot marked bike lane. Additional paving and
right-of-way may be required.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Pauline Myers, owner of the 2.04 acres located at 11701 West 36th Street, is
requesting to rezone the property from “R-2” Single Family District to “O-3”
General Office District. The rezoning is proposed to utilize the existing
residential structure as an office use.
There is currently a one-story rock and frame single family residential
structure located within the south half of the property. There are several
December 21, 2006
ITEM NO: 6 (Cont.) FILE NO.: Z-8141
3
accessory buildings (garage and barn-type structure) located on the east
and south sides of the residential structure.
The general area contains a mixture of zoning and a large amount of
undeveloped property. The Church at Rock Creek development and
undeveloped R-2 zoned property are located across West 36th Street to the
north and northeast. There are two (2) single family residences in front of
the church property along the north side of West 36th Street. There are
single family residences on large lots to the east and west, with
undeveloped R-2 and MF-12 zoned property further east. Undeveloped OS,
R-2 and C-2 zoned property is located to the south.
The City’s Future Land Use Plan designates this property as “Mixed Office
Commercial”. The requested O-3 zoning does not require an amendment to
the Land Use Plan.
Staff is supportive of the requested zoning. Staff views the request as
reasonable. The church property to the north is zoned POD. One (1) of the
residential structure in front of the church was recently rezoned to O-3.
There is also a large O-2 zoned tract to the west, at the intersection of West
36th Street and Bowman Road. Staff believes rezoning this 2.04 acre
property to O-3 and continuing the office zoning pattern in this immediate
area will have no adverse impact on the adjacent properties or the general
area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 7 FILE NO.: LU06-11-01
Name: Land Use Plan Amendment - I-430 Planning District
Location: Shackleford Road, north of Colonel Glenn
Request: Multi Family and Park/Open Space to Light Industrial
Source: Thomas R. Pownall, Thomas Engineering Company
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-430 Planning District from Multi Family and
Park/Open Space to Light Industrial. Light Industrial provides for light warehouse,
distribution or storage uses that are developed in a well-designed “park-like” setting.
The applicant proposes to rezone the property to I-2 Light Industrial.
EXISTING LAND USE AND ZONING:
The property is rural and is currently zoned R-2 Single Family. It is wooded,
undeveloped and 20 acres ± in size. The R-2 Single Family extends north of this area
and to the east for the Shackleford Mobile Home Park. The R-2 north of the application
area is undeveloped. Northwest of this area, along Old Shackleford Road, is a Planned
Industrial Development for Westrock Engineered Products. This building currently
appears unoccupied and is for lease. Directly west of this area is zoned O-2 Office and
Institutional District, and this land is undeveloped. Directly south of this area is a
Planned Commercial Development that has not been built. Beyond that is zoned I-2
Light Industrial District for the Colonel Glenn Corporate Centers. On the north side of
the intersection at Shackleford Road and Colonel Glenn is more R-2 Single Family with
six single family residences. The southwest corner of this intersection is zoned I-2 Light
Industrial for Fairway Lawns. The southeast corner of said intersection is a Planned
Office Development that is currently being built, which will allow for general commercial
and office/showroom/warehouse. Just east of that new development is more I-2 Light
Industrial land for Haldex Restaurant Supply. West of this intersection at Interstate 430
and Colonel Glenn is a mix of C-2, C-3, and C-4 commercially zoned land for
Clearchannel, Toyota, and a new Holiday Inn Express.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
Ordinance 19,308 was passed on April 19, 2005 to amend the south side of Bowman
Plaza Drive from Office to Commercial for future development.
Ordinance 18,964 was passed on October 21, 2003 to amend the area at the end of
Colonel Glenn Plaza Drive from Office to Commercial for future commercial
development and buffering.
December 21, 2006
ITEM NO.: 7 (Cont.) FILE NO.: LU06-11-01
2
Ordinance 18,977 was passed November 18, 2003 to amend the area at Shackleford
and West 36th Street from Mixed Office Commercial to Service Trades District for future
development.
Ordinance 18,558 was passed September 4, 2001 to amend a large area on Romine
Road from Park and Open Space to Low Density Residential for future expansion of the
Good Shepard Ecumenical Retirement Center for senior citizen housing.
The application area is currently planned for Multi Family. The area directly north is
also planned for Multi Family. A strip of Park/Open Space dedicated for Brodie Creek’s
floodway runs east and west between the aforementioned Multi Family and a section of
Low Density Residential to the north. Suburban Office borders the application area to
the west and Light Industrial to the south. Southeast of the area is more Light Industrial.
Due east of the application area is Mobile Home. Southwest of the area is Commercial.
MASTER STREET PLAN:
Shackleford Road is shown as a Minor Arterial on the plan. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide short
distance travel within the urbanized area. This street may require dedication of right-of-
way and may require street improvements for entrances and exits to the site. The
application area is just north of Colonel Glenn Road, which is a Principal Arterial on the
plan. The primary function of a Principal Arterial is to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
BICYCLE PLAN:
A Class II bike route is shown along Shackleford Road. A Class II bikeway is located on
the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and
right of way may be required.
PARKS:
According to the Master Parks Plan, this area is not located within eight blocks of a
park. This study indicates that there is a need for more open space or recreational
areas in this general vicinity.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
December 21, 2006
ITEM NO.: 7 (Cont.) FILE NO.: LU06-11-01
3
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered under the John Barrow Neighborhood Action Plan. Their Business
and Commercial Goal strives “to enhance the climate directed towards encouraging
new businesses and commercial establishments to located in the area as well as
retention of existing businesses.”
ANALYSIS:
This area is planned for Multi Family. The land is mostly vacant and undeveloped
except for one single family house on the south side of the property. This is one of very
few areas reserved for Multi Family in the general vicinity. There used to be more Multi
Family in the immediate area, but it was changed to Light Industrial by ordinance in
1990. This amendment left a strip of Park/Open Space to buffer the residential uses
north of the amendment. The City usually uses a buffer of Park/Open Space to indicate
that the further extension of a certain use area is undesirable. The proposed
amendment would bring the Light Industrial area north and adjacent to the Shackleford
Mobile Home park.
The application area is planned for Multi Family, and it is one of the only vacant Multi
Family areas in the region. Colonel Glenn and Interstate 430 is developing into a major
commercial location, and this area’s employees would be well served by a high density
residential area. There has been quite a bit of new commercial development in the
area, including Shackleford Crossing, a small commercial center and Wendy’s on
Colonel Glenn, and two motels. There have been nine permits in this planning district
for single-family additions and forty-one permits for single family additions. This is a
portion of Little Rock which had been passed over for both residential and non-
residential. In recent years, development activity has begun again after several
decades of no new activity.
There are fifteen undeveloped acres of Multi Family at the southeast corner of
Shackleford and 36th Street, but the other areas planned for Multi Family in the region
are either already developed or have planned developments by the current owner for a
special population. There is some Low Density Residential to the south of this
application, but a sizable portion has been approved and is being developed as a
single-family subdivision. It is important to reserve some land for Multi Family
development, so that this area has a diverse range of housing options.
There are over 200 acres planned for Light Industrial surrounding the intersection of
Colonel Glenn and Shackleford and south along Shackleford Road. This application
area is directly north of an adjacent Light Industrial area. This property to the south was
amended in 1990 from Multi Family to Light Industrial and Park/Open Space. That
amended area has not been developed in the 16 years since the amendment to Light
Industrial. There have not been any permits for Industrial development in this planning
December 21, 2006
ITEM NO.: 7 (Cont.) FILE NO.: LU06-11-01
4
district since 2000. The City has proposed that the industrial area be south of Colonel
Glenn Road toward Stagecoach Road. The Light Industrial south of Colonel Glenn has
also been mostly vacant for decades. These areas have good access to the freeway
system and the majority of the area is not yet developed. These other Light Industrial
areas should be explored for development before amending the Future Land Use Plan.
The slope of the application site is also of note. The other sites planned for Light
Industrial are either level or have been cleared for development. The application area is
a very steep slope up from Shackleford Road.
NEIGHBORHOOD COMMENTS:
Notice was sent to the following neighborhood association: John Barrow. Staff has
received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The item was placed on consent agenda for withdrawal. The request was made less
than three days prior to the meeting. A motion was made to waive the notice
requirements. By a vote of 11 for, 0 against the consent agenda was approved.
December 21, 2006
ITEM NO.: 7.1 FILE NO.: Z-8142
Owner: LBI, Inc.
Applicant: Thomas Pownall, Thomas Engineering
Location: West side of Shackleford Road, approximately
1,200 feet north of Colonel Glenn Road
Area: 20.455 Acres
Request: Rezone from R-2 to I-2
Purpose: Auto body shop
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2
South – Office-warehouse type uses; zoned PCD
East – Nonconforming mobile home park (across Shackleford Road);
zoned R-2
West – Undeveloped property; zoned O-2
A. PUBLIC WORKS COMMENTS:
1. Shackleford Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
2. At time of site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
3. No floodplain in the property.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA bus route #14 (Rosedale Route).
December 21, 2006
ITEM NO: 7.1 (Cont.) FILE NO.: Z-8142
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan
shows Multifamily for this property. The applicant has applied for a
rezoning from R-2 Single Family to I-2 Light Industrial District.
A land use plan amendment for a change to Light Industrial is a separate
item on this agenda.
Master Street Plan:
Shackleford Road is shown as a Minor Arterial on the Master Street Plan
and Colonel Glenn is shown as a Principal Arterial. These streets may
require dedication of right-of-way and may require street improvements.
The primary function of a Principal Arterial is to serve through traffic and to
connect major traffic generators or activity centers within urbanized areas.
A Minor Arterial provides connections to and through an urban area and
their primary function is to provide short distance travel within the urbanized
area. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan:
A Class II bike route is shown along Shackleford Road according to the
Master Street Plan bicycle section. A Class II bikeway is located on the
street as either a 5’ shoulder or six foot marked bike lane. Additional
paving and right-of-way may be required.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the John Barrow
Neighborhood Action Plan. Their Business and Commercial Goal strives
“to enhance the climate directed towards encouraging new businesses
and commercial establishments to locate in the area as well as retention
of existing businesses.”
E. STAFF ANALYSIS:
LBI, Inc., owner of the 20.455 acre property located on the west side of
Shackleford Road approximately 1,200 feet north of Colonel Glenn Road, is
December 21, 2006
ITEM NO: 7.1 (Cont.) FILE NO.: Z-8142
3
requesting to rezone the property from “R-2” Single Family District to “I-2”
Light Industrial District. The rezoning is proposed to allow the development
of an auto body shop for Landers Toyota.
The property is currently undeveloped and mostly tree-covered. The
property has varying degrees of slope. Several mobile homes which
previously existed along the Shackleford Road (east) property line have
been removed.
The general area contains a mixture of uses and zoning, along with a large
amount of undeveloped property. The properties to the north and west are
undeveloped and zoned R-2 and O-2 respectively. There is an old
nonconforming mobile home park to the east across Shackleford Road.
Office/warehouse-type uses are located to the south and southeast. There
is a large amount of undeveloped property to the south along Shackleford
Road. Various commercial uses are located to the southwest along Colonel
Glenn Road.
The City’s Future Land Use Plan designates this property as “Multifamily”.
A Land Use Plan Amendment for a change to “Light Industrial” is a separate
item on this agenda.
Staff is not supportive of the requested rezoning. Given the surrounding
uses, zoning and land use pattern, staff does not believe I-2 zoning for this
20.455 acre tract is appropriate. The City’s Future Land Use Plan shows
“Low Density Residential” to the north, “Suburban Office” to the west and
“Mobile Home Park” to the east. In addition, the Land Use Plan shows a
PK/OS strip between this property and the mobile home park and the
properties to their north, indicating what should be the north boundary of
any light industrial development along Shackleford Road. There is a large
amount of undeveloped property shown as “Light Industrial” on the future
plan to the south along both sides of Shackleford Road (south of Colonel
Glenn Road). Staff believes the body shop would be more appropriate in
this area. Staff feels the requested I-2 zoning would have a negative impact
on the future development/redevelopment within this area along Shackleford
Road, north of Colonel Glenn Road.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested I-2 rezoning.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Staff informed the Commission that the applicant submitted a letter on
December 20, 2006 requesting the application be withdrawn. Staff supported the
withdrawal request.
December 21, 2006
ITEM NO: 7.1 (Cont.) FILE NO.: Z-8142
4
With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws
and accept the withdrawal 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 withdrawal. A motion to that effect was made. The motion
passed by a vote of 11 ayes and 0 nays.
December 21, 2006
ITEM NO.: 8 FILE NO.: Z-7512-A
NAME: AA Storage – Revised Conditional Use Permit
LOCATION: 5700 West 10th Street
OWNER/APPLICANT: AA Storage/Ken Smith
PROPOSAL: A revision to the previously approved C.U.P. for this
mini-warehouse development is requested to allow for
the addition of u-haul type truck rental.
1. SITE LOCATION:
The site is located on the north side of West 10th Street, two blocks west
of Fair Park Blvd.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses including a
highrise medical office building, a large church, a funeral home and
cemetery, a hotel and a variety of other office and small commercial uses.
I-630 borders the site to the north and the War Memorial Golf Course is
located north of the interstate. The addition of no more than six (6) U-Haul
type trucks for rental will not affect this existing mini-warehouse
development’s 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 War Memorial and Oak
Forest Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed via a single driveway off of West 10th Street. Four (4)
parking spaces are located outside of the fenced compound. Once inside
the compound, customers park adjacent to their rental unit. The proposed
six (6) rental trucks will be parked at various locations within the
compound so as not to block driveways or access to the rental units.
4. SCREENING AND BUFFERS:
No Comments on this use issue.
December 21, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7512-A
2
5. PUBLIC WORKS COMMENTS:
No Comments on this use issue.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: No objection to adding truck rental.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route. A route is located
along West 12th Street, two blocks south of the site.
Planning Division: No Comments.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
The applicant was not present. Staff presented the item and noted little
additional information was needed. Staff stated additional information was
needed regarding hours of operation and signage. Staff stated the applicant
would be asked to confirm that no servicing of vehicles would occur at this site.
Staff stated they would meet with the applicant to have those questions
answered. The Committee determined there were no other issues and
forwarded the item to the full Commission.
STAFF ANALYSIS:
On March 25, 2004, the Planning Commission approved a conditional use permit
to allow for the development of a mini-warehouse complex on this C-3 zoned,
4.7± acre tract. The development consists of an office/apartment building and 10
buildings containing 78,190 square feet of mini-warehouse space. Two of the
buildings are two stories in height. Some of the buildings are heated and cooled
for “conditional storage”. The facility’s office hours are 9:00 a.m. – 6:00 p.m.,
December 21, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z-7512-A
3
Monday through Saturday and 12 noon – 4:00 p.m., Sunday. Access by key pad
to the storage units is 6:00 a.m. – 10:00 p.m. each day with special access at
other hours made available to tenants by use of a special code.
The applicant is requesting a revision to the approved C.U.P. to allow for the
addition of a U-Haul type truck rental business on the site in conjunction with the
mini-warehouse operation. The applicant has proposed to park no more than six
(6) trucks inside the enclosed compound. The trucks will be parked on the paved
surface so as not to block driveways or access to the rental units. Hours of
operation for the truck rental are proposed as Monday – Saturday, 9:00 a.m. –
5:00 p.m. Signage will consist of a 2’ X 2’ wall sign in the front office window and
a 2’ X 4’ sign on façade of the building facing I-630. There will be no servicing of
the vehicles at this site.
Staff is supportive of the proposal. It is not unusual to have a “satellite” truck
rental operation located in conjunction with a mini-warehouse operation. The
availability of the trucks is an ancillary service to customers of the mini-
warehouse business. The signage will be minimal and the trucks will be parked
within the enclosed complex. There is no bill of assurance issue. To staff’s
knowledge there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the revised C.U.P. to allow truck rental in
conjunction with the mini-warehouse business, as proposed.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 9 FILE NO.: Z-7573-C
NAME: Isaac Wayne Barber Shop – Conditional Use Permit
LOCATION: 6805 West 12th Street, Suite “C”
OWNER/APPLICANT: Danny Thomas Properties/Isaac Wayne
PROPOSAL: A conditional use permit is requested to allow a
barber shop with retail sales of grooming products in
one bay of this I-2 zoned development.
1. SITE LOCATION:
The property is located on the south side of West 12th Street, one property
east of Westpark Drive. The lease area is within the second building off of
the street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This area of I-2 zoned properties contains a variety of light industrial and
commercial uses including warehousing, wholesaling, office uses,
restaurants and retail sales. A cemetery is located across West 12th
Street, to the north. The proposed use is compatible with uses and zoning
in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the University Park
and Leander Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the site is off of West 12th Street and Caruth Drive, a private
street. All driveways and parking areas are existing and no changes are
proposed. The 840 square foot barber shop requires 4 on-site parking
spaces. There is more than adequate parking available in the paved
parking lots around the three buildings.
4. SCREENING AND BUFFERS:
No comments on this use issue.
December 21, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-7573-C
2
5. PUBLIC WORKS COMMENTS:
No comments on this use issue.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
The applicant was not present. Staff presented the item and noted additional
information was needed regarding signage, days and hours of operation and total
number of employees. Staff stated they would meet with the applicant to get
answers to these issues.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow a barber
shop utilizing an 840 square foot bay on this I-2 zoned property. The property
contains three large office-warehouse buildings and associated parking. The
applicant proposes to have retail sales of personal care products in conjunction
with the barber shop.
The barber shop will operate Tuesday – Saturday, 9:00 a.m. – 6:00 p.m. There
will be a total of five (5) employees. Signage will consist of a wall sign on the
December 21, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z-7573-C
3
façade of the lease space and space on the complex tenant identification ground
sign.
Staff is supportive of the requested C.U.P. This complex contains a variety of
commercial and light industrial type uses. The proposed barber shop is not out
of character with other uses. There is sufficient parking on the site to
accommodate the use. There is no bill of assurance issue. To staff’s
knowledge, there are no outstanding issues. The property owner has been made
aware of staff’s suggestion that rezoning the property be considered if additional
retail or service type uses are proposed.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P., as filed.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 10 FILE NO.: Z-8137
NAME: Perkins Accessory Dwelling – Conditional Use Permit
LOCATION: 4121 Weldon Avenue
OWNER/APPLICANT: Benjamin Perkins
PROPOSAL: A conditional use permit is requested to allow an
accessory dwelling on this R-2 zoned lot.
1. SITE LOCATION:
The property is located on the east side of Weldon Avenue, 6 blocks south
of West 36th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the western edge of the larger John Barrow
Community. Surrounding properties are zoned R-2 and many contain
single-family homes. Several new homes are under construction in the
general area along Foster and Weldon Streets. The applicant’s new home
and accessory building are located on two lots (.5 acre). The proposed
density is not out of character 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 John Barrow and
Westbrook Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by a single driveway off of Weldon. The house has a
two-car garage and the accessory structure has a three-car garage. The
code requires one parking space each for the house and the accessory
dwelling. There is more than enough parking on the site for the use.
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS COMMENTS:
No comments.
December 21, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8137
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
AT&T (SBC): No Comments received.
Water: This property is served by a private line. Their water meter is
located at the southwest corner of West 42nd Street and Foster Street.
A water main extension will be required in order for this property to
obtain an additional and/or larger water meter.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
The applicants were present. Staff presented the item and noted there was little
additional information needed. Staff asked the applicant to provide information
on the building design and whether separate utilities were requested. The
applicants responded there would not be separate utilities requested. The
applicants confirmed that the accessory dwelling would not be rented or occupied
permanently; that it was to be used for family members and guests on an
occasional basis.
There was a discussion of Central Arkansas Water’s comments concerning the
location of the water service to this property. The applicants were advised to
contact the utility.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 4121 Weldon Street is occupied by a new
single-family residence and a new two-story accessory building. The property
December 21, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8137
3
consists of two lots totaling one-half acre in size. The accessory structure
contains a three-car garage and storage space on the ground floor. The
applicants are requesting approval of a conditional use permit to allow the
second floor of the structure to be used as an accessory dwelling for family
members and guests who will occasionally visit.
The two-story accessory structure complies with all code requirements for
setbacks, height and area coverage. The code permits two-story accessory
dwellings if the ground floor is used for parking or storage. An outside stairway
provides access to the second floor. The structure has a rock and siding exterior
with a pitched, shingled roof. The structure is compatible with the new house.
The applicant has stated no separate utilities are requested and has
acknowledged that the property owner must reside on-site. The site has a paved
driveway and parking spaces; including five garage spaces between the two
structures. The applicant has submitted a statement that there is no valid bill of
assurance for the property.
Staff is supportive of the proposed accessory dwelling, as proposed by the
applicant. The applicant’s new residence and accessory structure are a positive
addition to the neighborhood, in staff’s opinion, and allowing the accessory
dwelling/guest quarters should not impact nearby properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the utility comments in Section 6 of the agenda staff report.
2. The property owner must reside on-site.
3. The accessory dwelling/guest quarters is not to be rented but is to be used for
family members and guests who visit the applicants.
4. There are to be no separate utilities.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Benjamin Perkins was present, representing the application. There were two (2)
objectors present. Staff presented the item with a recommendation of approval.
Benjamin Perkins addressed the Commission in support of the application. He
made no additional comments to the staff report.
December 21, 2006
ITEM NO.: 10 (Cont.) FILE NO.: Z-8137
4
Tressie Gilbert addressed the Commission in opposition. She explained that the
second floor of the accessory building overlooked her backyard area. She
expressed concern with loosing privacy.
Drenda Travers also addressed the Commission in opposition. She noted that
Mr. Perkins had people in drug rehab working for him and asked if these people
would live in the accessory dwelling.
Mr. Perkins explained that his clients in drug rehab work for him on the site (yard
work, etc.), but the clients would not live on the site. Mr. Perkins explained that
his clients would not be considered “guests”.
Commissioner Laha asked about the pit bull dogs on the site. Mr. Perkins
explained that there was underground electronic fences for containment of the
dogs.
The definition of “accessory dwelling” was briefly discussed.
Commissioner Yates asked if the conditional use permit runs with the land and
how it would be treated with respect to occupancy. Staff explained that an
approved conditional use permit runs with the land and any subsequent owners
must adhere to the approval conditions. Staff noted that the property owner
would have to reside in one of the two dwellings.
There was a brief discussion regarding the fact that the structure was built prior
to the conditional use permit application. Staff explained that the structure was
built as an accessory building not an accessory dwelling.
Ms. Gilbert asked why the building was constructed and the neighbors not
notified. Commissioner Williams noted that it was constructed as an accessory
garage with storage, and the applicant was now requesting to use the second
floor as a dwelling.
There was a motion to approve the conditional use permit as recommended by
staff. The motion passed by a vote of 10 ayes and 1 nay. The application was
approved.
December 21, 2006
ITEM NO.: 11 FILE NO.: Z-8138
NAME: Holder Multisectional Manufactured Home –
Conditional Use Permit
LOCATION: 11511 Heinke Road
OWNER/APPLICANT: Bob Holder
PROPOSAL: A conditional use permit is requested to allow for
placement of a multisectional manufactured home on
this R-2 zoned, 20± acre tract.
1. SITE LOCATION:
The property is located on the east side of Heinke Road, ½ mile south of
Mabelvale Cut-Off.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The area is very rural in nature; being characterized by large areas of
wooded, undeveloped properties and a variety of single family homes on
larger tracts. The homes range from single-wide mobile homes to site
built homes. The applicant proposes to place his home 900± feet off of
the street on this mostly wooded 20-acre tract. Placement of the home
should have no impact on other properties.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and SWLR United for Progress
were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is currently accessed by a single driveway off of Heinke Road.
The applicant will extend a new driveway off of the existing drive to access
the new home site. No new driveways will be built off of Heinke Road.
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS COMMENTS:
No comments.
December 21, 2006
ITEM NO.: 11 (Cont.) FILE NO.: Z-8138
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer not available to this property at this time. Project is
under construction to serve this property.
Entergy: No Comment received.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: Central Arkansas Water if larger and/or additional meter(s) are
needed.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on the CATA bus route. The nearest route
is located along Mabelvale Cut-Off.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
The applicant was present. Staff presented the item and noted little additional
information was needed. Staff asked the applicant to provide the year model and
exterior finish of the home. The applicant responded that the home would have a
composite wood finish.
The applicant explained that a new sewer line was being constructed through his
property and he would be tying both the existing home and proposed home onto
that line. He described the property and the proposed placement of the home.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
placement of a new, multisectional manufactured home on the wooded 20+ acre
tract located at 11511 Heinke Road. A nonconforming, single-wide mobile home
is located on the front of the property, approximately 200 feet off of the street.
December 21, 2006
ITEM NO.: 11 (Cont.) FILE NO.: Z-8138
3
The applicant’s son occupies that home. The applicant proposes to place his
new home approximately 900 feet off of the street.
The home is to be a 2006 or 2007 model with a pitched roof and composite wood
exterior. Both homes will be tied onto a new sewer line that is being extended
through the site. The home will have setbacks of 112± feet on the south, 500±
feet on the north, 400± on the east and 900± feet on the west. The site is mostly
wooded and the home will likely not be very visible from any other properties.
Staff believes the proposed use is compatible with uses in this rural area which
includes a variety of housing types, including mobile homes.
There is no bill of assurance for this unplatted, acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the C.U.P. subject to the home being sited to
comply 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 multi-sectional.
h. Off-street parking per single-family dwelling standard.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 12 FILE NO.: Z-8139
NAME: Hampton Day Care Center – Conditional Use Permit
LOCATION: 1602 Welch Street
OWNER/APPLICANT: Dr. Reginald Hampton
PROPOSAL: A conditional use permit is requested to allow
conversion of the existing residential structure on this
R-4 zoned lot into a day care center.
1. SITE LOCATION:
The property is located on the west side of Welch Street; south of East
16th Street, east of I-30.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is virtually totally residential in
nature. Surrounding properties are also zoned R-4 and are occupied by
single family and two family residences. Most of the structures are in
good condition and are occupied. Two structures at the south end of the
block are boarded although they both appear in good condition. Staff
does have concerns about introducing this nonresidential use into the
midst of a somewhat fragile residential neighborhood. Staff has typically
supported day care family homes, where the principal use remains single
family, in neighborhoods. Staff does not believe the proposed
nonresidential use is compatible with the neighborhood.
All owners of properties has located within 200 feet of the site, all
residents within 300 feet who could be identified and the Hanger Hill and
MacArthur Park Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site currently has no on-site parking. There is a substandard parking
pad in the front yard that could be widened to accommodate one vehicle.
The proposed day care center is to have an enrollment of 12 children with
2 employees; requiring 3 on-site parking spaces.
The applicant proposes to construct 3 parking spaces at the rear of the
site, taking access off of the alley. With the one space in the front, a total
of 4 parking spaces can be provided.
December 21, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-8139
2
4. SCREENING AND BUFFERS:
The site must be developed in compliance with the City’s Landscape and
Buffer Ordinances; including screening along the north and south
perimeters of the site and landscaping in conjunction with any new
vehicular use area.
5. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify Welch Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
2. Show the proposed location of all driveways and parking areas.
3. Queuing of vehicles for pick-up and drop-off of children must be done
in a manner that does not cause stacking of vehicles on Welch Street.
Sufficient on-site parking must be provided to prevent blocking of the
thru lanes on Welch Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this property.
Entergy: No Comment received.
CenterPoint Energy: No Comment received.
AT&T (SBC): No Comment received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on the CATA bus route. The nearest route
is located two blocks to the northwest; at College and 15th Streets.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
The applicant was not present. Staff presented the item and noted additional
information was needed regarding signage, fencing and site lighting. Staff noted
the lack of parking and noted the alley would need to be improved. Staff stated
December 21, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-8139
3
landscaping and screening would need to be provided. Public Works comments
were noted. Staff voiced opposition to any plan that resulted in vehicles having
to park on Welch Street.
Staff stated they would contact the applicant to address the various issues. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-4 zoned lot located at 1602 Welch Street is currently occupied by a
1 ½ story, brick and frame, single family residence. A wood frame accessory
building is located at the rear of the lot, at the alley. The home appears to be
in very good shape and is located in a fairly stable neighborhood of mostly
well-maintained residences.
The applicants are requesting approval of a conditional use permit to allow
conversion of the residence into a day care center with an enrollment of
12 children with 2 employees. The application has been modified from the
initial submittal when enrollment was proposed as 24 children with 4 employees.
The structure will be solely used for the day care; there will be no residential
occupancy.
Signage is proposed to consist only of a 1’ X 1’ wall sign on the front façade.
Days and hours of operation are to be Monday through Friday, 6:00 a.m. –
6:00 p.m. A 6-foot tall wood fence will be erected along the north and south
perimeters of the property. The applicant has proposed placement of a dumpster
behind the accessory building. This placement is not possible since the building
is directly adjacent to the alley. No additional site-lighting is proposed. Three
parking spaces are to be located at the rear of the property, off of the alley. A
5-foot wide landscape strip will be located on the south side of the new parking.
The applicant will meet with Public Works staff to determine the requirements
necessary for improving the alley. The 1862 bill of assurance does not address
use issues. A fenced playground will be located behind the structure.
Staff has concerns about the proposed use. Although the day care is relatively
small, (24 children and 2 employees) it is still a nonresidential use in a fragile
residential neighborhood. There will be no residential occupancy of the structure.
The day care will be the sole and principal use. Staff has typically supported day
care family homes that are not much smaller than this proposed day care. The
distinction is that under a day care family home, the principal use remains an
occupied single family residence with the child care being an ancillary activity.
The applicant did submit responses to issues raised at Subdivision Committee
and has reduced the initial proposal by half.
December 21, 2006
ITEM NO.: 12 (Cont.) FILE NO.: Z-8139
4
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
Staff informed the Commission that the applicant submitted a letter on
December 19, 2006 requesting the application be deferred to the March 15, 2007
Agenda. Staff supported the deferral request.
With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws
and accept the deferral request being less than five (5) days prior to the public
hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays.
December 21, 2006
ITEM NO.: 13 FILE NO.: G-23-370
Name: Fairview Addition, lot and street reduction to
acreage
Location: Lying south and east of Arch Street
Pike at Fourche Creek Bridge
Owner/Applicant: 3M Company by R. Wingfield Martin
Proposal: To abandon the remaining portions of the
undeveloped streets and lots platted in this
subdivision and return them to acreage
description.
STAFF REVIEW :
1. Public Need for this Right-of-Way:
These rights-of-way have never been developed. There is no public need
for the rights-of-way or the undeveloped lots.
2. Master Street Plan:
The Master Street Plan reflects no need for this undeveloped right-of-way.
3. Need for Right-of-Way on Adjacent Streets
There is no need for right-of-way on adjacent streets.
4. Characteristics of Plat Terrain:
Hilly, with poor access. Access is severely limited with the property being
surrounded by rock quarries.
5. Development Potential
The property is currently zoned R-2 but has no real possibility of
development as residential since it is surrounded by rock quarries. The
proposed use is as 3M quarry expansion area.
December 21, 2006
ITEM NO.: 13 (Cont.) FILE NO.: G-23-370
2
6. Neighborhood Land Use and Effect
The applicant is the sole property owner in the area and there should be
no effect on any others. The land use in the area is mining.
7. Neighborhood Position
The petitioner is the owner of all of the property located in or outside of the
Fairview Addition which is to be vacated or which abuts the streets alleys,
rights-of-way or easements to be vacated. There is no neighborhood to
voice an opinion.
8. Effect on Public Services or Utilities
All utility easements situated on the property have been released. All
utilities have consented to the vacation of the plat.
9. Reversionary Rights
The reduction of the plat to acreage will return the rights-of-way to 3M
Company.
10. Public Welfare and Safety Issues
There will be no effect on the public welfare and safety. All other portions
of the Fairview Addition except the portions of lots located to the northeast
of the southeasterly right-of-way line of Hwy. 367 (old Arch Street Pike)
were previously vacated pursuant to Little Rock Ordinance Nos. 16,206
adopted May 5, 1992 and 16,965 adopted September 19, 1995.
STAFF RECOMMENDATION:
Staff recommends approval of the request to vacate the Fairview Addition plat
and to abandon any streets, alleys, rights-of-way and easements located within
the boundary of the plat area.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006)
Staff presented the item and noted there were no outstanding issues. The
Committee forwarded the item to the full Commission.
December 21, 2006
ITEM NO.: 13 (Cont.) FILE NO.: G-23-370
3
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 14 FILE NO.: LU06-08-05
Name: Land Use Plan Amendment - Central City Planning District
Location: South of I-630, north of Roosevelt, west of I-30, east of Dr. Martin Luther
King Drive
Request: Various Changes
Source: Planning Staff
PROPOSAL / REQUEST:
These Land Use Plan amendments in the Central City Planning District represent
various changes to reflect zoning and existing land use in five different areas downtown.
These amendments are a result of the Downtown Neighborhood Action Plan review of
the Land Use Plan.
Mt. Zion Church: Commercial to Public Institutional at the northeast corner of West 10th
Street and South Cross Street to account for the church parking lot at this location.
Post Office on Main St.: Commercial and Mixed Use to Public Institutional between
West 17th Street and West 19th Street, just west of Main Street to represent the post
office at this location.
Connor Chapel AME Church: Mixed Use to Public Institutional between West 21st
Street and West 22nd Street, just west of Main Street to represent the church at this
location.
The Gospel Lighthouse Church: Single Family to Public Institutional south of East 16th
Street between Rock Street and Park Lane to represent the church at this location.
Public Institutional represents public and quasi-public facilities that provide a variety of
services to the community such as schools, libraries, fire stations, churches, utility
substations, and hospitals. These proposed changes are intended to reflect existing
conditions and zoning.
EXISTING LAND USE AND ZONING:
Area 1 (Mt. Zion Church) is currently zoned O-3 General Office. It is used for Mt. Zion
Baptist Church’s parking lot. Interstate 630 borders this area to the north. To the west
of this area is more O-3 zoning for the Mt. Zion Baptist Church and R-4 Two Family
District. The R-4 zoned area is used for both single-family and two-family residences.
To the east of this area is zoned C-3 General Commercial for Bromley Parts and
Service Shop. South of Area 1 is more R-4 and O-3 for more residences and a
Women’s Club.
December 21, 2006
ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05
2
Area 2 (Post Office) is zoned Capitol O as part of Capitol Zoning and includes the post
office on Main Street. This area is surrounded on the north, east, and south by Capitol
O zoning. (Note: Zone “O” permits single family, two-family residential, professional
offices, and quiet business. Conditional uses for zone “O” include multi family
residential, commercial facilities II and III, general office, hotel, motel, amusement,
consumer goods and services, and accessory structures.) To the east of this area is a
Harvest Foods grocery store. South of this area is used for single family and multi
family residences. North of this area on Main Street are several offices and commercial
uses. To the west is zoned Capitol M and is used for multi family and single-family
residences.
Area 3 includes the Connor Chapel AME Church and is zoned Capitol N as part of
Capitol Zoning. It is surrounded on the north, east and south by Capitol N zoning.
(Note: Zone “N” permits single family, two-family, and professional offices. Conditional
uses for zone “N” include multi family residential, commercial facilities II and III, general
office, quiet business and accessory structures.) East and southeast of this area are
used for multi family and single-family residences. South of this area is one
commercial building and several residences. There are office buildings to the north of
this area, and to the west of this area is Capitol M zoning for single-family and multi
family residences.
Area 4 is zoned R-4 Two Family District. Area 5 includes the Gospel Lighthouse
Church. This area is completely surrounding by R-4 zoning for single family and multi
family residences and churches.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
Area 1(Mt. Zion Church) is shown as Commercial on the Future Land Use Plan. To the
west and south of this area is Public Institutional. To the east is more Commercial and
then the Interstate. Area 1 is bounded to the north by Interstate 630, and beyond that is
planned for Mixed Use Urban. Area 2 (Post Office) is currently shown as Commercial
on the Future Land Use Plan. Single Family is shown to the west of this area. To the
north is shown as Office, and to the south is shown as Mixed Use. East of this area is
shown as Commercial. Area 3 (Connor Chapel AME Church) is shown as Mixed Use.
This is part of a large strip of Mixed Use on either side of Main Street. To the east and
west of Main Street is planned for Single Family uses. Area 4 (Gospel Lighthouse
Church) is shown as Single Family on the Future Land Use Plan. To the east is Public
Institutional and to the northwest is Low Density Residential. The other surrounding
areas are all planned for Single Family.
On February 21, 2006, Ordinance 19,494 was passed. This amendment is located at
the corner of 29th Street and Martel, and it was a change from Single Family to Multi
Family to accommodate elderly residential housing.
December 21, 2006
ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05
3
On October 4, 2005, Ordinance 19,418 passed to allow a package of amendments to
‘clean up’ and update the Land Use Plan in the Central High area, to more accurately
represent the short and mid-term future development patterns in the area. The location
of these amendments is southwest of Area 1, near Daisy Gatson Bates Drive and Dr.
Martin Luther King Drive.
On March 18, 2003, Ordinance 18,837 passed a series of Land Use Plan amendments
to bring the City Land Use Plan into conformance with the recommendation of the East
of I-30 Study, which was completed in 2002. All of the changes were made east of I-30
and north of I-440. Several of these changes are within a mile of Area 4 and Area 5.
On March 19, 2002, Ordinance 18,656 passed. This Ordinance amended several areas
west of Area 1 on West 10th Street. These changes were to allow for more Public
Institutional and Multi Family in the Children’s Hospital vicinity.
MASTER STREET PLAN:
Area 1 (Mt. Zion Church) is at the intersection of West 10th Street and South Cross
Street. These are both Local Streets. The primary function of a Local Street is to
provide access to adjacent properties.
Areas 2 and 3 (the Post Office and Connor Chapel AME Church) are both on Main
Street, which is a Minor Arterial. A Minor Arterial provides connections to and through
an urban area and their primary function is to provide short distance travel within the
urbanized area. Area 3 is adjacent to West 17th Street, which is a Collector. The
primary function of a Collector Street is to provide a connection from Local Streets to
Arterials.
Area 4 (Gospel Lighthouse Church) is at the intersection of East 16th Street and South
Commerce Street. These are both shown as Local Streets on the Master Street Plan.
BICYCLE PLAN:
Area 1 (Mt. Zion Church) is not located within the vicinity of a bike route according to the
Master Street Plan Bicycle Section. Area 2 and Area 3 (the Post Office and Connor
Chapel AME Church) are both located on the Class III route on Main Street. Area 3
also borders a Class II route on W 17th Street. Area 4 (Gospel Lighthouse Church) is
located on a Class III route on South Commerce Street.
PARKS:
According to the Master Parks Plan, all five areas are within eight blocks of a park or
open space. Area 1 is near the Ninth Street Park. Areas 2, 3, and 4 are all located
close to Pettaway Park, MacArthur Park, Dunbar, and/or the South Little Rock Park.
December 21, 2006
ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05
4
HISTORIC DISTRICTS:
All of the amendment areas are located outside of historic district boundaries.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
All four of the amendment locations are within the Downtown Neighborhood Plan
boundaries. The Neighborhood Plan does not address issues related to these Land
Use Plan amendments.
ANALYSIS:
City Staff developed this amendment package. As part of the Downtown Neighborhood
Plan effort, the Future Land Use Plan was examined. The area was reviewed for
conformance with the zoning and existing use pattern. Staff reviewed the Downtown
Neighborhood area and identified several changes thought to be mostly ‘clean-up’
amendments to reflect existing zoning and/or existing uses.
Area One (Mt. Zion Church) is currently zoned for office. Single-family residences and
Interstate 630 bound this area. It is unlikely that this area would ever develop into
offices, since it is owned by the Mt. Zion Baptist Church and used as their only off-street
parking lot. Public Institutional would be a more appropriate land use category for this
area.
Areas Two and Three (the Post Office and Connor Chapel AME Church) are shown as
Commercial and Mixed Use on the Future Land Use Plan, respectively. A post office
and a church fall under the Public Institutional category, and this amendment would be
a more accurate representation.
Thirty-six percent of the Downtown Neighborhood area is under the state of Arkansas’s
Capitol Zoning District Commission. The Capitol Zoning District acts as a special
planning and historic preservation commission for two districts in Little Rock. The other
area surrounds the Arkansas State Capitol. The Capitol Zoning District zones all of
areas Two and Three as described above. The current Future Land Use Plan needs an
update to reflect the existing and probable future uses of the area.
Area Four is planned and zoned for single-family uses, but it has been used for the
Gospel Lighthouse Church for several years for parking. This area needs to be updated
to Public Institutional on the plan to more accurately portray the available residential
land in the area, as well as to reflect the existing and likely future public use areas.
This package of amendments is designed to make the Future Land Use Plan a more
suitable representation of current and likely mid-term future uses for this area.
December 21, 2006
ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05
5
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: East of Broadway
Neighborhood Association, Downtown Neighborhood Association and MacArthur Park
Property Owner’s Association.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The item was placed on the consent agenda for approval. By a vote of 11 for, 0 against
the consent agenda was approved.
December 21, 2006
ITEM NO.: 15 FILE NO.: Z-8144
Owner: Housing Authority of the City of Little Rock
Applicant: Shelly Ehenger
Location: 2800 Cumberland Street
Area: 14.48 Acres and 0.698 Acres
Request: Rezone from R-4 to MF-24 and O-1
Purpose: Multifamily housing development
Existing Use: Vacant multifamily development
SURROUNDING LAND USE AND ZONING
North – Mixed office and commercial uses along East Roosevelt Road;
zoned C-3, PCD and C-1
South – Single family residences, vacant lots and one (1) commercial
lots; zoned R-3, R-4 and C-1
East – Single family residences and church; zoned R-3
West – Church, community center, school and single family residences;
zoned R-4 and PR
A. PUBLIC WORKS COMMENTS:
1. The site plan shows LR Housing Authority to own to the centerline of
29th Street. The proposed land use would classify 29th Street on the
Master Street Plan as a commercial street. Dedicate right-of-way to 30
feet from centerline.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Route #2 (S. Main Route)
runs along Main Street to the west.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Community Outreach,
Pettaway Park and Meadowbrook Neighborhood Associations were
notified of the public hearing.
December 21, 2006
ITEM NO: 15 (Cont.) FILE NO.: Z-8144
2
D. LAND USE ELEMENT:
This request is located in the Central City Planning District. The Land Use
Plan shows Multifamily for this property. The applicant has applied for a
rezoning from R-4 Two Family District to MF-24 Multifamily District and
O-1 Quiet Office District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Cumberland Street is shown as a Local Street on the Master Street Plan.
This street may require dedication of right-of-way and may require street
improvements. The primary function of a Local Street is to provide access
to adjacent properties.
Bicycle Plan:
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the South End
Neighborhood Action Plan. The Land Use and Zoning goal states:
“Support new developments that contribute to the overall good of the
neighborhood.” It also states that new developments should “be
aesthetically pleasing and compatible with existing architecture in the
area.”
E. STAFF ANALYSIS:
The Housing Authority of the City of Little Rock, owner of the 15.178 acre
property located at 2800 Cumberland Street (west side of Cumberland
Street, 300 feet south of E. Roosevelt Road), is requesting to rezone 14.48
acres from “R-4” Two Family District to “MF-24” Multifamily District and
0.698 acre from “R-4” Two Family District to “O-1” Quiet Office District. The
rezoning is proposed to recognize the past multifamily and day care uses
which existed on the property and allow for the property’s redevelopment.
There are existing multifamily-type buildings on the property which were
previously used as a multifamily housing project. All of the units are
boarded up, with some of the structures in the process of being removed
from the property. There are three (3) structures within the south portion of
the property, along East 29th Street, which housed a day care center.
December 21, 2006
ITEM NO: 15 (Cont.) FILE NO.: Z-8144
3
The general area contains a mixture of uses and zoning. There are mixed
office and commercial uses to the north along Roosevelt Road. There are
single family residences, vacant lots and one C-1 zoned lot to the south.
Single family residences and a church are located across Cumberland
Street to the east. A church, community center, school and single family
residences are located to the west.
The City’s Future Land Use Plan designates this property as “Multifamily”.
The requested MF-24 and O-1 zonings will not require an amendment to the
Land Use Plan.
Staff is supportive of the requested rezoning. Although staff feels the
property should be redeveloped using the “PZD” Planned Zoning
Development process, staff will support the requested MF-24 and O-1
zonings to recognize the past use of the property and allow the Housing
Authority to secure funding for redevelopment of the site. The Housing
Authority has agreed to file a “PRD” Planned Residential Development
application for the redevelopment project when the development is
imminent. Therefore, rezoning the property to PRD prior to any
redevelopment will be a condition within the rezoning ordinance for the
proposed MF-24 and O-1 rezoning. This will allow site development issues
to be addressed by staff and the Planning Commission prior to
redevelopment. Staff believes the requested rezoning with condition will
have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested MF-24 and O-1 rezoning,
subject to a PRD application being filed prior to redevelopment of the
property.
PLANNING COMMISSION ACTION: (DECEMBER 21, 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 11 ayes and 0 nays. The application was approved.
December 21, 2006
ITEM NO.: 16 FILE NO.: LA-0016
NAME: King-Walker Tree Harvest
LOCATION: Northeast corner of West 28th and Tatum Streets
APPLICANT: Hope L. King-Walker
APPLICANT’S REPRESENTATIVE: Cormier Forestry Service
AREA: Approximately 10 acres
CURRENT ZONING: R2
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to harvest timber with construction not being imminent.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest timber on the property with construction not being imminent. The
approximately 10 acre property is located on the northeast corner of 28th Street
and Tatum Street. The timber harvest plan states the objective of this plan is to
strategically remove pine sawtimber products and hardwood sawtimber products,
excluding those trees which must be left in buffer strips while maintaining and
enhancing the overall landscape. The ultimate goal of the developers is to create
an aesthetically pleasing setting for future residential development.
B. EXISTING CONDITIONS:
This approximately 10 acre tree covered R2 zoned property is tract land located
on the north side of 28th Street and the east side of Tatum Street directly south of
Parkview High School. Single family homes are located on the west side of
Tatum Street. Single family homes are also located on the south side of 28th
Street and on the east side of the subject property.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one phone calls requesting additional
information.
D. ENGINEERING COMMENTS:
1. Per Sec. 29-187(e)(2), clear cutting or total harvest shall not be allowed.
December 21, 2006
ITEM NO.: 16 (Cont.) FILE NO.: LA-0016
2
2. Harvest activities must comply with state and federal forestry harvest
techniques and code. Damage to offsite property must be repaired by the
applicant in a timely manner.
3. Tree tops and debris generated from the harvest activity must be removed at
the conclusion of harvest to reduce the potential fire hazard. Contact the Little
Rock Fire Department for conditions and additional requirements.
4. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any harvesting activities at the site.
5. Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
6. Erosion controls must be installed to reduce discharge of polluted stormwater.
7. Culvert pipe and fill material at access point must be removed at completion of
harvest.
8. Provide in electronic form to Walter Malone (371-6819), a site map showing
streets, preserved buffers, silt fence, access point and loading area.
9. The Land Alteration regulations require a 40 ft perimeter buffer strip to be
maintained around the exterior of the property and kept undisturbed except
for reasonable access to the site. On other applications, staff typically
requests a 50 ft perimeter buffer strip to be maintained and kept undisturbed.
E. SUBDIVISION COMMITTEE COMMENTS: (November 30, 2006)
The applicant was present. Staff stated the comments as written above. The
applicant’s representatives, Amy Sink of Cormier Forestry, stated they would
need to check with their client on compliance with staff recommendations
comments and let staff know the results.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
F. ANALYSIS:
The Land Alteration Regulations specifically state it to be unlawful to harvest
timber on property which is not exempt by zoning, size, and construction is not
imminent. The regulations go further though and allow applicants to request a
variance from the Planning Commission for issuance of a grading permit to
harvest timber. Clear cutting or total harvests are explicitly not allowed.
The Timber Harvest Plan (“the plan”) shows the approximate 10 acre tract of
land contains 1720 merchantable trees or an average of 172 trees per acre. The
plan targets the removal of approximately 780 trees or approximately 78 trees
per acre, leaving an average of 94 trees per acre. These projections equal a
December 21, 2006
ITEM NO.: 16 (Cont.) FILE NO.: LA-0016
3
harvest of about 45% of the trees. The plan states a large amount of trees, less
than 6 inch diameter (ABH), were not inventoried.
The harvest plan shows a 25 foot undisturbed buffer to remain along the property
boundaries except for the access point. The plan shows a single access location
will be taken from 28th Street. A temporary pipe culvert will be installed in the
ditch with a 50 foot rock tracking pad installed to comply with all city code. Silt
fence will be installed along the southern property line. A loading zone will be
located in the southwest corner of the property. The plan does not address the
clean up of all waste materials from the harvest.
The applicant has agreed to comply with Little Rock Code and all Public Works
recommendations and comments except on the width of the temporary
undisturbed buffers. The applicant has agreed that all tree tops and debris
generated from the harvest will be mulched, hauled off, or burned per LRFD
requirements. Vegetation will be established on disturbed areas within 21 days
of completion of the harvest activities. All erosion controls and tracking pads will
be installed prior to beginning activities. A grading permit application will
submitted by the applicant to Public Works for issuance of a grading permit prior
to beginning the harvest.
Approximately 57 certified mail receipts have been provided to staff notifying
adjacent property owners. At the time of writing, staff has received one phone
calls requesting additional information of the request.
G. STAFF RECOMMENDATION:
Since no opposition has been received from adjacent property owners at the time
of writing, staff is supportive of the request to harvest of 45% of the trees on the
10 acre property.
Staff does not support the widths of the proposed temporary undisturbed buffers
though. Section 29-190(14) states a perimeter buffer strip shall be temporarily
maintained around disturbed areas for erosion control purposes and shall be kept
undisturbed except for reasonable access for maintenance. The width of the
strip shall be six (6%) percent of the lot width and depth. The minimum width
shall be 25 ft and the maximum width shall be 40 ft. Based on the language in
the code, the buffers would need to be at least 35 ft wide. Past tree harvest
applications though have typically showed a 50 ft perimeter buffer strip to be
maintained and kept undisturbed. Staff recommends denial of the request as
filed.
December 21, 2006
ITEM NO.: 16 (Cont.) FILE NO.: LA-0016
4
PLANNING COMMISSION ACTION: (DECEMBER 21, 2006)
The applicant’s representative, Cormier Forestry Service (Kent Cormier and Amy Sink),
was present representing the applicant. Ruth Bell of League of Women Voters spoke in
opposition. Staff represented the item with a recommendation of denial. Staff stated
they could support the timber harvest but could not support the proposed 25 ft buffer.
Staff stated the Land Alteration Regulations require a temporary undisturbed buffer of
6% of the lot width and depth. The minimum width shall be 25 ft and the maximum shall
be 40 ft. Staff stated the dimensions of the property would require a 35 ft buffer.
The applicant read a letter from the property owner requesting the Commission’s
support of the reduced buffer. Jeff Yates questioned staff asking if this was the only
outstanding issue pertaining to this application. Staff responded in the affirmative. The
applicant argued staff incorrectly calculated the width of the buffer. Staff stated the
calculation was done by taking 6% of the property width for one buffer and then taking
6% of the property length to calculate the other buffer. The applicant proposed an
amendment to the application to increase the buffers to 35 ft in width as staff calculated.
There was not further discussion of the item. The chair entertained a motion to approve
the item as amended to increase the undisturbed buffer to 35 ft in width on all 4 sides.
The motion carried by a vote of 11 ayes, 0 noes, and 0 absent.