pc_04 28 2005
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
APRIL 28, 2005
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
Gary Langlais
Mizan Rahman
Bill Rector
Robert Stebbins
Jerry Meyer
Chauncey Taylor
Norm Floyd
Fred Allen, Jr.
Jeff Yates
Darrin Williams
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the March 17, 2005 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
APRIL 28, 2005
4:00 P.M.
I. OLD BUSINESS:
A. Z-7620 Bubar Family Care Facility – Special Use Permit
3712 High Drive
B. Z-7725 Black Community Developers Transitional Housing –
Conditional Use Permit
4017 West 12th Street
C. Z-7726 Victory Outreach Church Transitional Housing –
Conditional Use Permit
3401 West 12th Street
D. Z-7781 Adkins Day Care Family Home – Special Use Permit
9617 Wilderness Road
E. Z-7783 Rezoning from R-2 to O-3
14929 Cantrell Road
F. Z-7785 MDS of Tennessee Medical Waste Disposal Facility –
Conditional Use Permit
5400 Scott Hamilton Drive
II. NEW BUSINESS:
1. Z-7819 Rezoning from R-2 to C-3
9401 Mabelvale Pike
1.1. Z-7819-A Discount Tire and Auto Service Center – Conditional Use Permit
9401 Mabelvale Pike
2. LU05-06-01 Land Use Plan Amendment in the East Little Rock Planning District
from Low Density Residential to Commercial.
2.1. Z-7820 Rezoning from R-4 to C-4
615 Bender Street
3. Z-7821 Rezoning from R-2 to MF-12
10434 West 36th Street
Agenda, Page Two
II. NEW BUSINESS: (Cont.)
4. Z-1662-C Donnie’s Foreign Car Service – Revised Conditional Use Permit
104 Markham Park Drive
5. Z-4189-B Coleman Convenience Store – Conditional Use Permit
1805 East 6th Street
6. Z-4384-E Tender Touch Grooming – Conditional Use Permit
13420 Otter Creek Parkway
7. Z-4420-D Greater Center Star Baptist Church Summer Program –
Conditional Use Permit
800 West 33rd Street
8. Z-5156-B Suds Car Wash – Conditional Use Permit
10801 West Markham Street
9. Z-7804 Toll Multisectional Manufactured Home – Conditional Use Permit
10901 West 36th Street
10. Z-7815 Dunn Duplex – Conditional Use Permit
1406 South Battery Street
11. Z-7816 Deerman – Milam Duplexes – Conditional Use Permit
3215, 3219 and 3223 Ludwig Street
12. Z-7817 Harper Accessory Dwelling – Conditional Use Permit
111 Pearl Street
13. Z-7818 Barnes Day Care Center – Conditional Use Permit
17412 Lawson Road
14. Z-7822 Strong Multisectional Manufactured Home –
Conditional Use Permit
6803 Shaner Circle
15. Z-7823 Little Rock National Airport Digital
Airport Surveillance Radar – Conditional Use Permit
5100 East Roosevelt Road
16. A-303 Rock Haven Annexation located west side of Kirby Road and
north of Kanis Road
17. A-304 Meuwly Annexation located north of Highway 10 and east of
Chenal Parkway
18. Z-3173-E Sage Meadows Long-Form PD-R Revocation, located on the west
side of John Barrow Road, south of Tanya Drive.
April 28, 2005
ITEM NO.: A FILE NO.: Z-7620
Owner: Bubar Family Care Facility –
Special Use Permit
Location: 3712 High Drive
Applicant: Dennis Bubar
Proposal: A Special Use Permit is requested to allow for
the operation of a Family Care Facility on the
R-4 zoned property located at 3712 High 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 South End, MLK and
South End Neighborhood Developers Neighborhood Associations were
notified of the public hearing.
B. Staff Analysis:
Dennis Bubar, owner of the single family residence located at 3712 High
Drive, is requesting a special use permit to allow for the operation of a
Family Care Facility at that address. All of the adjacent properties are
zoned R-4, with the exception of the lot immediately to the north which is
zoned I-3, and is undeveloped. There is additional I-3 zoned property
further to the north and east, with PR zoning further west and south.
There are single family residences located to the north, south and east.
The property is occupied by a one-story brick and frame single family
residence, with four (4) bedrooms. The applicant is requesting a special
use permit in order to provide a residence for four (4) to six (6) individuals
who have a mental disability and may also have a substance abuse
problem. The residents are involved in a program, where treatment and
services are provided by Gain, Inc. A letter provided by Gain, Inc. notes
that they have “determined that these individuals are stable and able to
live in the community.” The goal in housing is to have the client be as
independent as possible, without putting themselves at risk for
destabilization, and a housing situation that is more structural and
supportive provides them this opportunity.” Copies of the letters
submitted by Dennis Bubar and Dr. Les Smith, Medical Director of Gain,
Inc., are attached for Planning Commission review.
April 28, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
2
The City of Little Rock Zoning Ordinance defines a Family Care Facility as
follows:
“Family care facility means a facility which provides resident
service in a family-like environment to six (6) or fewer
individuals and not more than two (2) staff personnel. These
individuals require a minimal level of supervision and are
provided service and supervision in accordance with their
individual needs.”
Section 36-54(a) of the Zoning Ordinance provides the purpose of
requiring a Special Use Permit for this type of use, as follows:
“General purpose. The purpose of this section is to provide
a method of control over certain types of land uses which,
while not requiring the full review process of the conditional
use permits, do require some review procedure which allows
for determination of their appropriateness within the
neighborhood for which they are proposed and for public
comment.”
Section 36-54(e)(2) of the Zoning Ordinance establishes the site and
location criteria for Family Care Facilities as follows:
a. This use may be located only in a single family home.
b. Medical or counseling needs must be provided off-site.
c. No physical changes in the residence are permitted which would
provide other than sleeping accommodations.
d. Drives and parking shall not exceed that required by ordinance for
a single-family residence.
e. This use shall not be permitted to run with the title to the land and
not be transferable.
f. The number and spacing of existing similar facilities in the
neighborhood.
g. Existing zoning and land use patterns.
April 28, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
3
h. Area wide availability of facilities providing like services.
i. Provision for readily accessible public or quasi-public
transportation.
The following additional site and location criteria was approved by the
Planning Commission on February 12, 2004 and the Board of Directors on
March 16, 2004:
“The Fire Marshall must approve use of the residence for the
proposed family care facility.”
To staff’s knowledge, there have been no special use permits issued for
other Family Care Facilities in this neighborhood. Additionally, staff knows
of no facilities providing this type of resident care in the immediate area.
The site is located near CATA Bus Route #11 (M. L. King, Jr. Route),
which runs south along M. L. King Drive to West 34th Street.
The applicant submitted a copy of the Bill of Assurance for this
neighborhood as part of the application process. The Bill of Assurance
was recorded in 1955 and appears to still be in effect. It contains the
following language:
“(1) LAND USE AND BUILDING TYPE. No lot shall
be used except for residential purposes. No building
shall be erected, altered, placed or permitted to remain
on any lot other than one detached single family dwelling
not to exceed 2 stories in height and a private garage or
carport for not more than two cars.”
Staff believes the proposal to be reasonable and supports the applicant’s
request for a special use permit. Subject to compliance with the site and
location criteria, as noted above, Staff does not believe the level of activity
generated by a Family Care Facility at this location would have any
negative impact on the neighborhood. Special Use Permits are not
transferable in any manner. Permits cannot be transferred from owner to
owner, location to location or use to use.
C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004)
Dennis Bubar was present, representing the application. Staff briefly
described the proposed family care facility.
April 28, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
4
Dennis Bubar explained that the individuals who will live in the residence
have mental disabilities, and some may also have drug or alcohol abuse
problems. He noted that they do not have physical disabilities. In
response to a question from staff, he noted that there would be no
physical changes to the residence. Mr. Bubar also noted that none of the
clients owned vehicles, therefore no additional parking was needed.
Mr. Bubar explained that the individuals who live on the site will be picked
up by Gain, Inc. each day between 8:00 and 8:30 a.m., and returned to
the residence between 3:00 and 5:00 p.m. He noted that counseling and
treatment services are provided at the Gain, Inc. offices. He also noted
that a doctor or counselor employed by Gain, Inc. will stop by the
residence each day to inspect the premises. In response to a question
from the Committee, Mr. Bubar noted that a few of the residents might
have a part-time job.
After the 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 Family
Care Facility at 3712 High Drive, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(2).
2. Compliance with the additional site and location criteria as approved
by the Planning Commission on February 12, 2004 and the Board of
Directors on March 16, 2004.
3. There is to be no signage beyond that permitted in single family zones.
4. The Special Use Permit will be for Dennis Bubar only, and will not be
transferable in any manner.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
Cindy Dawson, City Attorney, informed the Commission that the application
needed to be deferred to the June 17, 2004 agenda to allow staff time to
research the Fair Housing Act with respect to this application. There were
several persons present in opposition. They were informed of the deferral date.
April 28, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
5
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the June 17, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays. The
application was deferred.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Staff informed the Commission that the City Attorney’s Office had requested to
defer the application to the July 29, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 29, 2004 agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was deferred.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the City Attorney’s Office had requested to
defer the application to the September 9, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the City Attorney’s Office requested the
application be deferred to the October 21, 2004 Agenda, in order for the
Transitional Housing Task Force to complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
April 28, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
6
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposing Ordinance
changes, is not complete. This item needs to be deferred to the February 3,
2005 agenda to allow that process to continue.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3
absent. The application was deferred.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. Staff recommends that the item be
deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff recommended that the application be deferred to be March 17, 2005
Agenda to allow time for proposed ordinance changes to be reviewed.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
April 28, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
7
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at its February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff recommended that the application be deferred to the April 28, 2005 Agenda
to allow time for proposed ordinance changes to be reviewed.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
STAFF UPDATE:
The applicant, Dennis Bubar, informed staff on March 23, 2005 that he wished to
withdraw the application, as the property is no longer being used as a family care
facility. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Staff noted that the applicant, Dennis Bubar, informed staff on March 23, 2005
that he wished to withdraw the application, as the property is no longer being
used as a family care facility.
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 10 ayes, 0 nays and 1 absent. The application was
withdrawn.
April 28, 2005
ITEM NO.: B FILE NO.: Z-7725
NAME: Black Community Developers Transitional Housing –
Conditional Use Permit
LOCATION: 4017 West 12th Street
OWNER/APPLICANT: Black Community Developers, Inc.
PROPOSAL: A conditional use permit is requested to allow use of
the existing duplex on this R-4 zoned lot as
transitional housing for up to 12 women; 6 per unit.
STAFF REPORT:
The task force which is studying the issue of Transitional Housing has not yet
completed its work. It is believed that a report will be coming from that group
soon; including proposed ordinance changes. Staff believes this item needs to
be deferred to the December 16, 2004 Agenda to allow that process to continue.
STAFF RECOMMENDATION:
Staff recommends that this item be deferred to the December 16, 2004 Agenda.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposing Ordinance
changes, is not complete. This item needs to be deferred to the February 3,
2005 agenda to allow that process to continue.
April 28, 2005
ITEM NO.: B (Cont.) FILE NO.: Z-7725
2
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the February 3, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. This application will be amended
to a Special Use Permit to comply with the ordinance changes. Staff
recommends that the item be deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the March 17, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at its February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
April 28, 2005
ITEM NO.: B (Cont.) FILE NO.: Z-7725
3
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the April 28, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 28, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the June 9, 2005 agenda to allow
further review of the issue of Transitional Housing.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the June 9, 2005 Agenda. There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: C FILE NO.: Z-7726
NAME: Victory Outreach Church Transitional Housing –
Conditional Use Permit
LOCATION: 3401 West 12th Street
OWNER/APPLICANT: Victory Outreach Church/Deverick Green
PROPOSAL: A conditional use permit is requested to allow use of
the existing duplex on this R-4 zoned lot as a
transitional housing facility for up to 11 men and an
on-site manager.
STAFF REPORT:
The task force which is studying the issue of Transitional Housing has not yet
completed its work. It is believed that a report will be coming from that group
soon; including proposed ordinance changes. Staff believes this item needs to
be deferred to the December 16, 2004 agenda to allow that process to continue.
STAFF RECOMMENDATION:
Staff recommends that this item be deferred to the December 16, 2004 Planning
Commission meeting.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposed ordinance
changes, is not complete. This item needs to be deferral to the February 3, 2005
Agenda to allow that process to continue.
April 28, 2005
ITEM NO.: C (Cont.) FILE NO.: Z-7726
2
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the February 3, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. This application will be amended
to a Special Use Permit to comply with the ordinance changes. Staff
recommends that the item be deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the March 17, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at is February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
April 28, 2005
ITEM NO.: C (Cont.) FILE NO.: Z-7726
3
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the April 28, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 28, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the June 9, 2005 Agenda to allow
further review of the issue of transitional housing.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the June 9, 2005 Agenda. There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: D FILE NO.: Z-7781
Name: Adkins Day Care Family Home –
Special Use Permit
Location: 9617 Wilderness Road
Owner: Willie and Shirley Adkins
Applicant: Shirley Adkins
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 9617 Wilderness Road.
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 West Baseline and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
9617 Wilderness Drive is located on the southeast corner of Wilderness
Road and Frontier Road. All surrounding properties are zoned R-2 and
contain single family residences. There is a large area of undeveloped
R-2 zoned property to the west, along the south side of Mann Road.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 5:45 p.m., Monday through Friday. The applicant has noted
that she will have one (1) employee, as required by the State Department
of Human Services.
There is a one-car wide driveway from Wilderness Road, with parking for
three (3) vehicles (including the carport). The applicant has noted that the
driveway will be widened to a two-car width, which will allow parking for
two (2) additional vehicles (5 total). Staff feels that this will allow sufficient
space for drop-off and pick-up of children. On inspection of the site, staff
observed no vehicles parked on unpaved areas. Staff also observed no
vehicles on the site which were not operational.
April 28, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7781
2
The applicant notes that she has been licensed by the State to operate a
day care family home at this location for approximately two (2) years. The
applicant is licensed for up to 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
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1971 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. No lot shall be re-subdivided into nor shall any dwelling
be erected or placed on any lot or building site having a
width of less than 60 feet at the building line or an area of
less than 6,000 square feet, and said lands shall only be
used for residential purposes as set forth herein.”
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.
April 28, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7781
3
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
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 issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Willie Adkins was present, representing the application. Staff presented
the proposed special use permit request. Staff noted that inspection of
the property revealed no violations of the ordinance requirements for day
care family homes. Staff also noted that the applicant has been licensed
by the State for a day care family at this address for approximately two (2)
years. Staff noted that the proposed day care family home was not
located within 300 feet of another day care family home or day care
center.
April 28, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7781
4
After the 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 9617 Wilderness Road, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
4. If approved, the driveway must be widened to a two-car width within
30 days of the final approval date.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff informed the Commission that the application needed to be deferred to the
March 17, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff informed the Commission that the application needed to be deferred to the
April 28, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
April 28, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7781
5
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Willie Adkins was present, representing the application. There was one (1)
person present in opposition and one (1) person present in support. Staff
presented the item with a recommendation of approval.
Troy Laha addressed the Commission in opposition. He stated that he opposed
all day care uses in residential areas and explained. He explained that day care
uses are businesses and should not be in residential areas.
Ruth Bell addressed the Commission in support. She noted that the proposed
day care family home complied with all ordinance standards and should be
approved. She stated that there was a need for day care family homes.
Commissioner Floyd asked when the driveway would be widened. Staff stated
that it would be widened within 30 days of the final approval date.
The applicant, Willie Adkins, offered no additional comments.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 8 ayes, 2 nays and 1 absent. The application was
approved.
April 28, 2005
ITEM NO.: E FILE NO.: Z-7783
Owner: Miracle Developments
Applicant: Kelton Price
Location: 14929 Cantrell Road
Area: 2.21 Acres
Request: Rezone from R-2 to O-3
Purpose: Future office development
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Single family residences and office uses; zoned R-2 and POD
South – Single family residences; zoned R-2
East – Single family zoned property and mixed commercial/office uses;
zoned R-2, PCD and POD
West – Single family residences and office use; zoned R-2 and PD-O
A. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal
arterial. A minimum dedication of right-of-way to 55 feet from
centerline will be required at all locations. Additional easement for
future storm water improvements may be required.
2. Provide the direction of flow and all storm water flows (Q) entering and
leaving the property. Provide sketch grading and drainage plan
showing proposed drainage and grading for future site development.
3. A grading permit in accordance with section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
4. Westchester Subdivision to the west has a history of flooding
problems. Storm water detention ordinance applies to this property
and will be required at both discharge points on the property.
April 28, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7783
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #25 (Highway 10 Express
Route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Westchester-Heatherbrae
and Secluded Hills Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the River Mountain Planning District. The Land
Use Plan shows Transition for this property. The applicant has applied for
a zoning change from R-2 (Single Family District) to O-3 (General Office
District) for future development.
The request does not require a change to the Land Use Plan because
office uses are an appropriate use in Transition. Since this application is
in an area shown as Transition and subject to the Highway 10 Overlay
District, any proposed development must conform to the overlay
standards and be compatible with adjacent development. Based on
previous actions of the City, only Planned Office District or “O-1” Quiet
Office zoning have been approved in order to assure this compatibility.
Master Street Plan:
Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road
is built as a five-lane road through that area. The primary function of a
Principal Arterial is to serve through traffic and connect major traffic
generators or activity centers within urbanized areas. Cantrell Road may
require dedication of right-of-way and street improvements. Since this
property is located on a Principal Arterial, access to the site should be
minimized and should not impede through traffic.
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
April 28, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7783
3
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the River Mountain
Neighborhood Action Plan. The Sustainable Natural Environment goal
listed an objective of promoting the vigorous enforcement of the
Landscaping and Excavation Ordinance. This action could result in the
removal of trees in order to accommodate the development of uses
possible office development in the Transition land use category.
E. STAFF ANALYSIS:
Miracle Developments, owner of the 2.21 acre property located at 14929
Cantrell Road, is requesting to rezone the property from “R-2” Single
Family District to “O-3” General Office District. The rezoning is proposed
for future office development of the property.
The site currently contains two (2) single family residential structures, with
a single access drive from Cantrell Road. Single family residences are
located on the property immediately west and south of the site. A mixture
of residential, office and commercial uses and zoning exists to the west
along Cantrell Road. Single family residential and office uses and zoning
is located across Cantrell Road to the north.
The City’s Future Land Use Plan designates this property as Transition.
The requested zoning change to O-3 does not require a change to the
Land Use Plan.
Staff is not supportive of the requested O-3 zoning. Although staff is not
opposed to the redevelopment of this site as office use, staff is concerned
with the close proximity of the property to the single family residences to
the west and south. Staff feels that important site design issues, such as
building height and drainage, would be best addressed through the PZD
(Planned Zoning Development) zoning process. As noted in paragraph A.
of this report, Public Works notes that the single family neighborhood to
the west and south has a history of flooding problems. Additionally, the
O-3 zoning district allows a maximum building height of 60 feet, which in
staff’s opinion would not be compatible with the adjacent single family
neighborhood. Therefore, staff feels that the best approach in
redevelopment of this property would be through the PZD rezoning
process. This process would assure compatibility of the proposed
development with the adjacent single family neighborhood, as required
within this area of “Transition”.
April 28, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7783
4
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Bill Keathly was present, representing the application. There were several
objectors present.
Mr. Keathly requested a deferral to the March 17, 2005 Agenda to allow him time
to meet with the neighborhood and resolve issues related to the property’s
development.
There was a motion to defer the application to the March 17, 2005 Agenda. The
motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was
deferred.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff informed the Commission that the applicant requested the application be
deferred to the April 28, 2005 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Kelton Price and Bill Keathly were present, representing the application. There
was one (1) person present in opposition. Staff presented the item with a
recommendation of denial. Staff noted that the applicant had amended the
application to an O-2 rezoning, with building(s) on the site having a residential
character and a maximum building height of 35 feet.
Kelton Price addressed the Commission in support of the application. He asked
for the amendment to O-2. He stated that the property will be developed for
lease office space. He noted that the property development would comply with
the Highway 10 Overlay Standards.
April 28, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7783
5
The differences between O-3 and O-2 zoning were briefly discussed. Tony
Bozynski, Director of Planning and Development, explained that there were a
number of site design issues which would be best reviewed through a PZD
application. He explained that the use should be reviewed at the same time as
the site plan.
The differences between a PZD and a site plan review were briefly discussed.
Mr. Bozynski explained that there was more flexibility with a PZD. Cindy
Dawson, City Attorney, explained that a straight rezoning should not have a
number of conditions attached to it.
Mr. Price explained that the previous PCD request for this property which was
denied, cost the developer money. He briefly discussed building height and site
design issues related to this property.
The issue of a PZD versus a straight rezoning was briefly discussed. The issue
of conditions on straight rezonings was also discussed.
Bill Keathly addressed the Commission in support. He explained that he was
trying to determine the parameters of the property development without spending
additional money on site designs at this time. He explained that a PZD was not
a requirement for this property. There was additional discussion related to a
PZD zoning for the property.
Commissioner Floyd explained that a well presented POD design would be more
acceptable to the Commission.
Ruth Bell addressed the Commission in opposition. She explained that a POD
would be the appropriate approach to development of the property. She noted
that it would address site design issues related to this property.
Mr. Keathly noted that O-2 zoning required a site plan review and explained.
The issue of conditions placed on a straight rezoning was briefly discussed.
Dana Carney, of the Planning Staff, noted that the Ordinance allowed an
applicant to offer conditions on a straight rezoning application. The issue of site
plan review was also discussed.
Mr. Keathly stated that all Highway 10 design standards would be met. He made
an additional amendment to the application to provide a minimum side (west)
setback of 50 feet and a minimum rear setback of 80 feet. This issue was
discussed.
April 28, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7783
6
There was a motion to approve the application as amended by the applicant.
The motion failed by a vote of 4 ayes, 5 nays, 1 abstention (Williams) and
1 absent. The application was denied.
April 28, 2005
ITEM NO.: F FILE NO.: Z-7785
NAME: MDS of Tennessee Medical Waste Disposal Facility –
Conditional Use Permit
LOCATION: 5400 Scott Hamilton Drive
OWNER/APPLICANT: MDS of Tennessee
PROPOSAL: A conditional use permit is requested to allow for
construction of a medical waste disposal facility on
this I-2 zoned, 3.77± acre tract.
1. SITE LOCATION:
The property is located on the west side of Scott Hamilton; just south of its
northern terminus, north of 65th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the 65th Street Industrial District. Uses in
the area are industrial in nature; including warehousing and
manufacturing. Areas of undeveloped I-2 and R-2 zoned properties are
located to the west and north. Section 36-575 of the code states “medical
waste disposal facilities shall not be permitted to operate within 1,000 feet
of an occupied structure or district zoned for residential uses.” There are
11 occupied structures and the aforementioned R-2 zoned property within
1,000 feet of the proposed facility. In light of this, staff does not believe
the proposed use is compatible with the neighborhood.
All owners of property located within 1,000 feet of the site, all residents
within 300 feet who could be identified and the Upper Baseline, Wakefield,
Geyer Springs and SWLR United for Progress Neighborhood Associations
were notified of this request.
3. ON SITE DRIVES AND PARKING:
A single driveway is proposed onto Scott Hamilton Drive. A 24-space
parking lot is proposed in front of the building and a truck
parking/maneuvering lot is shown behind the building. The business will
employ 12-20 persons. It appears there is sufficient parking on the site to
accommodate the use. A couple of spaces in the front lot will likely be lost
to interior landscape requirements.
April 28, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-7785
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
The plan submitted does not allow for the 39-foot wide on-site street
buffer required by the Zoning Ordinance nor the 9-foot wide on-site
landscape strip required by the Landscape Ordinance along the site’s
eastern perimeter.
An irrigation system to water landscaped areas will be required.
5. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter that is damaged in the public
right-of-way prior to occupancy. This site is in a sidewalk exclusion
zone.
2. All driveways shall be concrete aprons per City Ordinance.
3. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
4. A special Grading Permit for Flood Hazard areas will be required per
Section 8-283 prior to construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: Four (4) inch steel gas main located on Scott
Hamilton. This line has sufficient capacity to serve this location.
Southwestern Bell: Approved as submitted.
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). Due to the nature of this
facility, installation of an approved reduced pressure zone backflow
April 28, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-7785
3
preventer assembly (RPZA) is required on the domestic water service.
This assembly must be installed prior to the first point of use. Central
Arkansas Water (CAW) requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified
Assembly Tester licensed by the State of Arkansas and approved by
CAW. The test results must be sent to CAW’s Cross Connection
Section within ten days of installation and annually thereafter. Contact
Carroll Keatts at 992-2431 if you would like to discuss backflow
prevention requirements for this project.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not on a CATA bus route. The nearest route is at Scott
Hamilton and Hoerner, one block to the south.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Charles Best and Bob Slaughter were present representing the application. Staff
presented the item and noted additional information was needed regarding
signage, days and hours of operation, number of employees, site lighting,
dumpster location and fencing. Staff asked for additional information on the
proposed operation; including how many trucks would come to the site daily, how
long the medical waste would be kept on the site and where the medical waste
would be coming from. The applicant was directed to provide a copy of the
application or draft application for permit to Arkansas Department of
Environmental Quality, a copy of the facility’s emergency preparedness plan and
a copy of the facility’s maintenance schedule. Staff also noted that the applicant
must provide the name of contractors retained to build the facility and proof of
license required by Arkansas Code. Staff asked the applicant to redesign the
handicap parking spaces on the site plan to comply with ADA standards. Staff
informed the Committee of the variance from the required 1,000 foot setback
from any occupied structure.
Public Works and Landscape Comments were noted. Mike Hood of Public
Works noted that the site had been in violation of the City’s Land Alteration
ordinance due to premature grading and tree removal. He stated the applicant
had responded and staff had set aside remaining restoration requirements
pending outcome of the C.U.P. process.
The applicant was directed to respond to staff issues by January 12, 2005. The
Committee forwarded the item to the full Commission.
April 28, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-7785
4
STAFF ANALYSIS:
MDS of Tennessee is requesting approval of a conditional use permit to allow for
development of a medical waste disposal facility on the I-2 zoned property
located at 5400 Scott Hamilton Drive.
The Code defines medical waste as:
Medical waste is solid, semisolid or liquid waste and includes
isolation waste, infectious agents, pathological waste, human or
animal blood and blood products, sharps and nonsharps, human or
animal body parts, contaminated bedding, surgical wastes and
other contaminated disposal medical equipment and material that
may pose a risk to the public health or welfare.
A disposal facility is defined as:
Disposal facility means any land and appurtenances thereon
and thereto, used for the treatment, storage, or disposal by any
means of hazardous or medical waste, excluding a crematorium.
The applicants propose to construct a 10,600 square foot (106’ X 100’), one-
story, prefab metal building on the site. A series of garage door openings will
provide truck access into the building. A single driveway will provide access to
the site from Scott Hamilton Drive. A 24-space parking lot will be located in front
of the building and a truck parking and maneuvering area will be located behind
the building. The building will contain offices and the medical waste disposal
equipment. Medical waste will be delivered to the site and off-loaded in the
building for treatment. The facility uses autoclave (steam) treatment to
decontaminate the medical waste. The treated waste is then compacted and
delivered to a landfill site for disposal.
The applicant has responded to most of the questions raised at Subdivision
Committee. Copies of permit applications to Arkansas Department of
Environmental Quality (ADEQ) and the Arkansas Department of Health have
been submitted. The facility is proposed to operate 24 hours a day, 7 days a
week. Copies of the facility’s emergency procedures and standard operating
procedures have been submitted and are attached. The maintenance schedule
is as follows:
April 28, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-7785
5
Maintenance schedule – Boiler
1. Honeywell controller will be checked daily.
2. Blow down processed daily to eliminate build up and scale.
3. Gas safety shut off will be checked twice a week.
4. Water safety shut off will be checked twice a week.
5. Steam relief valve will be checked daily.
6. Boiler will have a yearly inspection performed by an outside company
and the company, which insures the boiler.
7. Steam lines will be checked daily.
Maintenance schedule – Autoclave
1. Steam lines checked daily.
2. Steam relief valve checked daily
3. Honeywell chart checked daily.
4. Honeywell chart and controls are required to be checked and
calibrated quarterly by a Honeywell representative.
Air compressor checked daily.
The facility will have 12 to 20 employees. Ten to fifteen truck deliveries will be
made daily to the facility. Medical waste will not be stored on the property for
longer than 10 days and any waste held for more than 72 hours will be stored at
a temperature of 45 degrees or less. All trucks with medical waste on board will
be locked at all times until they are unloaded. After being treated, the medical
waste will go into a compactor and then a packer box, which will be taken to a
landfill. The applicant will try to take packed boxes to the landfill within 8 hours,
but it could be 2 to 3 days because of truck problems, weather or the landfill
being closed. Medical waste will come to this facility from Arkansas and from out
of state. The parent company of MDS, Commodore, has a medical waste
disposal facility in Nashville, Tennessee which will serve as the backup facility for
this site. This facility will serve as the backup facility for the Nashville plant.
Staff is not supportive of the proposed conditional use. Section 36-575 of the
Code states “medical waste disposal facilities shall not be permitted to operate
within 1,000 feet of an occupied structure or district zoned for residential uses.”
A large area of R-2 zoned property is located approximately 200 feet north of this
site. Within a 1,000-foot radius around the site are 11 occupied structures
including the following: Laidlaw Bus Terminal; Communication Supply Service
Association; Windsor Door; East Harding Contractors; SAIA Motor Freight; CD &
L; River City Cold Storage; Klean, Inc.; Earle M. Jorgensen Company; RIC, Inc.;
and Essick Air Products. The applicant is requesting a variance of this spacing
requirement. Staff believes it is more appropriate for the applicant to locate a
site which would comply with the spacing requirement so as to lessen the
April 28, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-7785
6
potential negative impact on area businesses and properties. An occupied
structure is defined as:
Occupied structure means a building or other structure:
(1) Where any person lives or carries on a business or
other calling; or
(2) Where people assemble for purposes of business,
government, education, religion, entertainment or public
transportation; or
(3) Which is customarily used for overnight accommodation
of persons whether or not a person is actually present.
Each unit of a structure divided into separate units
designed for occupancy is itself an occupied structure;
or
(4) Which has not yet been constructed or completed but
for which a building permit where applicable has been
issued by the city and is valid on the date the
application for the conditional use permit is filed.
Additionally, the site plan does not provide for the required 39 feet street buffer.
The plan proposes instead a 10-foot landscape strip. The applicant has also not
provided the identity of contractors retained to build the facility and proof of any
license required as stipulated by Section 36-579(10) of the Code. Signage and
lighting plans have not been submitted.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
STAFF REPORT:
On January 24, 2005, the applicant requested deferral of the item to the
March 3, 2005 Agenda. Staff supports the requested deferral.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
recommended that the item be deferred to the March 3, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 3, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
April 28, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-7785
7
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to send notices as required by the
Commission bylaws. There was no further discussion. The item was placed on
the Consent Agenda and approved for deferral to the March 17, 2005
Commission hearing. The vote was 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present. There were several objectors present. Staff
informed the Commission that the applicant was requesting deferral of the item
due to changes in personnel at the company’s corporate office. Staff explained
that the local representative had only been made aware of the change in the
afternoon of March 16, 2005 and was not prepared to go to a hearing at this
time.
A motion was made to waive the Commission’s bylaws and to accept the late
request for deferral. The motion was approved by a vote of 8 ayes, 1 noe and
2 absent. The item was then placed on the Consent Agenda and approved for
deferral to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There was one (1) objector present. Staff
informed the Commission that, on April 25, 2005, the applicant had requested
withdrawal of the item. A motion was made to waive the Commission’s bylaws
and to accept the late withdrawal request. The motion was approved by a vote
of 10 ayes, 0 noes and 1 absent.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 1 FILE NO.: Z-7819
Owner: Melvin T. Ewart
Applicant: Phillip M. Wylie
Location: 9401 Mabelvale Pike
Area: 0.96 Acre
Request: Rezone from R-2 to C-3
Purpose: Tire and Auto Service Center
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned C-3
South – Single family residences; zoned R-2
East – Home Depot commercial development; zoned C-3
West – Mixture of single family residential, commercial and industrial;
zoned R-2, C-4 and I-2
A. PUBLIC WORKS COMMENTS:
1. Mabelvale Pike 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. Furnish signed and notarized dedications with final Board approval of
the rezoning request.
3. See also the site development comments on the conditional use
permit.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Routes 17 (Mabelvale-
Downtown) and 17A (Mabelvale-UALR) run along Interstate 30 to the
north.
April 28, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7819
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 SWLR United for
Progress, West Baseline, Pinedale and Mavis Circle Neighborhood
Associations were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Community Shopping for this property. The
applicant has applied for a change from R-2 (Single Family District) to C-3
(General Commercial District) for construction of tire store.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan. A
minor arterial provides connections to and through an urban area and its
primary function is to provide short distance travel within an urbanized
area. Mabelvale Pike will 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 Chicot West / I-30
South Neighborhood Action Plan. The Community Image goal is to
“Foster strong neighborhoods and create an environment that supports
independence and personal development by planning and developing a
healthy community,” with an action statement, “Review zoning and land
use in the area every three to five years.” The plan was reviewed in 2002
during the neighborhood action plan update changes were not made in
the application area. Presently the future land use plan calls for
Community Shopping at this location, which allows general merchandise
stores. The proposed use falls into the General Merchandise Store
category according to the U.S. Census Bureau (NAICS Definition
452990). The Economic Development goal states: “Provide a mixed
April 28, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7819
3
commercial / residential environment that will promote the safety,
attractiveness, and value of the area while creating a competitive and
adaptable economic climate that encourages investment and diversity of
employment opportunities.” Several objectives are relative to this case:
“1) Promote the area as a desirable place for commercial interests to
locate. Work with the City and Chamber of Commerce to attract
businesses. 2) Attract neighborhood oriented businesses. 3) Expand
Neighborhood Commercial uses at the intersections of Arterials. This
development would occur on a Minor Arterial in a Commercial Node
illustrated at its junction with Interstate 30. The additional of commercial
to the area could attract new commercial to the area and result in
additional investment in the area.
E. STAFF ANALYSIS:
Melvin T. Ewart, owner of the 0.96 Acre property at 9401 Mabelvale Pike,
is requesting to rezone the property from “R-2” Single Family District to
“C-3” General Commercial District. The property is located along the east
side of Mabelvale Pike, south of Interstate 30. The rezoning is proposed
in order to develop an automobile tire and service center. A conditional
use permit application for the proposed development is a separate item
on this agenda (Item 1.1).
The property is currently undeveloped and mostly grass-covered. There
are remnants of old buildings which previously existed on the site. There
is a gravel driveway from Mabelvale Pike which has served as access to
the property.
The general area contains a mixture of uses and zoning. There is
undeveloped C-3 zoned property immediately to the north, with single
family residences on large lots to the south. The Home Depot
development is located to the east. Single family residences,
undeveloped property and an equipment rental business are located
across Mabelvale Pike to the west.
The City’s Future Land Use Plan designates this property as Community
Shopping. The requested zoning change to C-3 does not require a
change to the Land Use Plan.
Staff is supportive of the requested C-3 zoning. Staff feels that the
request is appropriate. The abutting property to the north and east is
currently zoned C-3, as is the property further south along Mabelvale Pike.
Staff believes this proposed C-3 rezoning will have no negative impact on
the general area.
April 28, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7819
4
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Dean Taylor was present, representing the application. There were three (3)
persons present in opposition. Staff presented the item with a recommendation
of approval. The rezoning and conditional use permit (Item 1.1) were discussed
simultaneously.
Dean Taylor addressed the Commission in support of the applications. He
deferred to the opposition to speak.
Janet Berry addressed the Commission in opposition. She explained that this
property was at the entrance to the Mabelvale area. She made comments
related to the proposed C.U.P. She noted that she was opposed to the C.U.P.
and neutral to the C-3 rezoning.
Joyce Plant also addressed the Commission in opposition. Her concerns were
as follows: The building is too large for the lot, drainage after development,
removal of trees and landscaping of the property.
Troy Laha also spoke in opposition. He expressed concern with issues related
to the C.U.P.
Dean Taylor addressed the Commission with comments related to the site
design and the C.U.P. application. The C.U.P. application was discussed
further.
A motion was made to approve the C-3 rezoning application. The motion passed
by a vote of 11 ayes and 0 nays. The application was approved.
April 28, 2005
ITEM NO.: 1.1 FILE NO.: Z-7819-A
NAME: Discount Tire and Auto Service Center –
Conditional Use Permit
LOCATION: 9401 Mabelvale Pike
OWNER/APPLICANT: Melvin Ewart/Phillip Wylie
PROPOSAL: A conditional use permit is requested to allow for
construction of an automobile service center
specializing in auto parts sales with limited parts
installation and other minor repair and service.
The property is zoned R-2 with a C-3 rezoning
being requested (Z-7819).
1. SITE LOCATION:
The site is located on the east side of Mabelvale Pike, approximately
400 feet south of the I-30 Frontage Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. A large
commercial shopping center is located to the east on C-3 zoned property.
The C-3 zoned property to the north is currently undeveloped. A variety of
nonresidential uses are located on the C-4, I-2 and R-2 zoned properties
across Mabelvale Pike to the west. A single family residence is located on
the R-2 zoned property to the south. It is likely that the property to the
south will not remain residential. The proposed use is compatible with
uses in the area and fits within uses identified by the land use plan for this
area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Mavis Circle, SWLR
United for Progress and Pinedale Neighborhood Associations were
notified of this request.
3. ON SITE DRIVES AND PARKING:
This 7,245 square foot auto service center is required to have 34 on-site
parking spaces; 5 plus 1 per 250 square feet of floor area. The applicant
proposes a single driveway off of Mabelvale Pike. Forty-six (46) parking
spaces will be provided; including the10 spaces in the building and 1
stacking space at each garage door. The applicant has redesigned the
front parking to address staff concerns.
April 28, 2005
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Interior landscape islands are 88 square feet less than the 1,709 square
feet required by the landscape ordinance.
An average eleven (11) foot wide land use buffer is required to separate
the proposed development from the residential property to the south.
Seventy percent of this buffer is to remain undisturbed.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the southern perimeter of the site.
5. PUBLIC WORKS COMMENTS:
1. With future 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.
2. 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.
3. Storm water detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan and all
discharge locations.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: 30’ easement is required along southern and northern
perimeters.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: Approved as submitted.
Water: All Central Arkansas requirements in effect at the time of request
for water service must be met. A Capital Investment Charge based on
the size of the meter connection(s) will apply to this project in addition
to normal charges. This fee will apply to all meter connections
including any metered connections off the private fire system. Contact
April 28, 2005
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A
3
Central Arkansas Water regarding the size and location of the water
meter. 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.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building design, signage, days and hours of
operation, number of employees, fencing and site lighting. It was noted that
some of the parking needed to be redesigned to provide proper maneuvering
area.
Public Works Comments were discussed. It was noted that the required right-of-
way dedication would occur through the accompanying rezoning (Z-7819).
Utility Comments were noted.
Landscape Comments were discussed. It was suggested that a variance from
the buffer requirement on the south perimeter might be requested since it was
likely that the adjacent property would not remain residential.
The applicant was instructed to respond to staff issues by April 13, 2005. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
development of a new, auto service center on this 0.96 acre tract. The property
is currently zoned R-2. A C-3 rezoning request is a separate item on this
agenda.
The development includes a 7,245 square foot, one-story, prefinished metal
building, a paved parking lot and associated landscaping. The building will
contain 10 service bays accessed by 5 garage doors on the front and rear of the
building, offices, customer waiting area and storage areas. Signage is to consist
April 28, 2005
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A
4
of 2 wall signs (one each on the west/front and north/side facades) and a single
ground-mounted sign to comply with commercial standards (160 square feet,
36 feet in height). Hours of operation are proposed as Monday through Friday,
7:30 a.m. to 5:30 p.m. and Saturday, 7:30 a.m. to noon. Initial employment will
be 6 to 7 persons but may expand slightly. Site lighting will be provided by six
(6) exterior wall sentinels. They will be shielded to assure that light is directed
only to the immediate premises. No fencing is proposed. The specific proposed
use is a retail automotive service center engaged in the sale of tires, wheels and
associated parts and accessories. The business will provide services including
alignment, brake, oil and filter change and other minor repair and service.
On April 13, 2005, the applicant submitted responses to the issues raised at
Subdivision Committee. The plan has been modified to show required
landscaping and to realign the front parking spaces. The applicant is requesting
a waiver of the buffer and screening requirement on the south perimeter. Staff is
supportive of this request. The property to the south will likely be redeveloped
for a commercial use in the near future. A variance is requested to allow the wall
sign on the north façade; a wall sign without direct street frontage. Staff is also
supportive of this request. The applicant has proposed minimal wall signage on
the front façade. The applicant is also requesting a deferral of the requirement
to install a sidewalk. The other required street improvements and widening will
be done. Staff is supportive of a sidewalk deferral for no more than five (5) years
or until adjacent development. This acreage tract is not covered by a bill of
assurance.
To staff’s knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. The use is to be limited that specifically proposed; auto parts sales with
limited motor vehicle parts installation and minor repairs and service.
Staff recommends approval of the requested waiver of the buffer and screening
requirements on the south perimeter. Staff recommends approval of a variance
to allow a wall sign on the north façade.
Staff recommends approval of a deferral of sidewalk construction for a maximum
of five (5) years or until development on adjacent property.
April 28, 2005
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A
5
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Dean Taylor was present representing the application. There were three (3)
registered objectors present. The item was discussed in conjunction with the
rezoning request; item #1. Staff presented the item and a recommendation of
approval subject to compliance with the conditions outlined in the “Staff
Recommendation” above.
Mr. Taylor stated he had no additional comments and would reserve his time to
respond to issues raised by the opponents.
Janet Berry, of SWLR United for Progress, stated she was representing the
Chicot West/I-30 South Neighborhood Action Plan. Ms. Berry stated this
property was in an area that was an entrance to the neighborhood and a metal
building was an inappropriate use. She stated there were still residential
properties in the area. Ms. Berry stated the proposed business would generate
noise and traffic. She stated the property owner has never maintained the site.
Ms. Berry asked the Commission to deny the C.U.P. She stated she was neutral
on the C-3 rezoning.
Joyce Plant, of 9400 Mabelvale Pike, voiced concerns about traffic and drainage.
She also voiced opposition to any burning of trees associated with future clearing
of the site.
Troy Laha, of 6602 Baseline Road, asked why the sidewalk was not being
constructed. He stated the building needed better design. Mr. Laha stated he
was opposed to both the C.U.P. and the C-3 rezoning.
Mr. Taylor responded by amending the application as relates to the building
design. He stated the building would have a 3-foot tall brick band at the base of
the façade and the remainder of the façade would be drivet or stucco. He stated
that would apply to all four (4) sides of the building. He also committed to having
a four (4) foot tall parapet or fascia to extend above and hide the roof.
Bob Brown, Plans Development Administrator, discussed landscaping on the site
and stated the proposed plan complied with the Landscape Ordinance.
Commissioner Adcock voiced concern about noise and about the Commission
“making deals” at the meeting.
Commissioner Floyd stated he was opposed to the C.U.P. but was supportive of
the C-3 rezoning.
A motion was made to approve the C-3 rezoning. The vote was 11 ayes, 0 noes
and 0 absent.
A motion was made to approve the C.U.P. as amended, including all staff
comments and conditions. The vote was 7 ayes, 4 noes and 0 absent.
Commissioner Adcock asked that all conditions and amendments be put in
writing. Staff assured her that they would.
April 28, 2005
ITEM NO.: 2 FILE NO.: LU05-06-01
Name: Land Use Plan Amendment - East Little Rock Planning District
Location: Southeast corner of East 6th and Bender Streets
Request: Low Density Residential to Commercial
Source: Travis Coleman
PROPOSAL / REQUEST:
Land Use Plan amendment in the East Little Rock Planning District from Low
Density Residential to Commercial. The Commercial category includes a broad
range of retail and wholesale sales of products, personal and professional
services, and general business activities. Commercial activities vary in type and
scale, depending on the trade area that they serve. The applicant would like to
construct a parking lot on the site to serve as parking for an adjacent use north
of the property.
Prompted by this Land Use Amendment request, the Planning Staff expanded
the area of review to include area the area north of the site since the property in
question is directly related to the use in the expanded area. With these changes,
Commercial would be shown on three corners of the East 6th Street - Bender
Street intersection.
EXISTING LAND USE AND ZONING:
The land is zoned R-4 (Two Family District) and I-2 (Light Industrial District), 0.6
acres ± in size. The R-4 land is undeveloped while the I-2 land is developed with
auto repair shop. North of the property is additional land zoned R-4 and
developed with an old school building being currently used as a distribution
center for the school district. Also north of the site are several pockets of I-2
and I-3 land that are being used as a car lot, barber shop, and small salvage
yard. Northeast of the property is zoned R-4 partly vacant and partly developed
with single family homes. Also northeast is land zoned C-3 (General
Commercial District) mostly vacant and developed with one single family home.
Further northeast of the site is land zoned PR (Parks and Recreation District)
and developed with the East Little Rock Park. East of the application area is
zoned R-4 mostly vacant and clear with several older single family homes.
South of the property is land zoned R-4 and vacant. Further south and on the
opposite side of East 8th Street is land zoned I-3 (Heavy Industrial District) and
developed with a large industrial use. Southwest of the property is zoned I-3 and
being used for industrial purposes. Immediately west of the property is I-2 (Light
Industrial District) being used for open display large equipment storage on an
April 28, 2005
ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01
2
unpaved lot. Northwest of the property is zoned R-4 and developed with several
single family homes.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On March 18, 2003, multiple changes were made around and including the
applicant’s property as a result of the East of I-30 Study. This study resulted in a
variety of amendments in the area to Commercial, Mixed Use Urban, Light
Industrial, Low Density Residential, and Park Open Space, Public Institutional.
A change was made that included the applicant’s property from Single Family to
Low Density Residential. Immediately west and northwest of changes were
made from Industrial and Multifamily to Commercial.
The applicant’s property and the expanded area are shown as Low Density
Residential. Immediately west of the application is a Commercial node illustrated
at the Bond Avenue-East 6th Street intersection. Northeast of the property is an
area of Park/ Open Space and additional Low Density Residential. To the south
and southeast are areas of Low Density Residential and an area of Light
Industrial -a strip of Park/Open space separates the two. Southwest of the
property and on the opposite of the railroad tracks is an area shown as Industrial.
MASTER STREET PLAN:
Bender 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.
Bender Street may require dedication of right-of-way and will require street
improvements. Bender Street may also need to be constructed to commercial
street standards if non-residential development occurs along the street.
BICYCLE PLAN:
Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of
the development.
PARKS:
This application is located in the East District, which has a goal of improving the
condition of existing parks. Northwest of the property is the East Little Rock
Park, a 30 acre Community Park complete with playgrounds, basketball courts,
baseball fields, a community center, and pool. About a quarter mile northwest
of the property is the William Jefferson Clinton Presidential Park, another large
Community Park, 27 acres in size. This park fronts the Arkansas River west of
the Presidential Center, and is linked to the nearby River Market District by a
April 28, 2005
ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01
3
pedestrian walkway. The community park has connections to the nearby
Medical Mile (currently under construction), the Riverfront Amphitheatre, and
Riverfront Park. The Parks and Recreation Master plan shows the proposed
“Take it to the Edge” trail less than a half mile north of the property that will follow
the Arkansas River levy and serve as a regional recreation trail.
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:
This application is in an area that was once a vibrant single family neighborhood
adjacent to an industrial and warehousing area. A loss of population and an
increase in industrial activity over recent decades has caused the neighborhood
to decline. The end result has been some disinvestment in the existing housing
stock leading to numerous unsafe and vacant structures, teardowns, and vacant
lots. Within the surrounding Low Density Residential area are industrial and
commercial uses on land zoned C-3, I-2, and I-3 inconsistent with the current
land use plan. Also in the area are several non-conforming uses. With the
recent completion of the Clinton Presidential Center and Park, the current
construction of the Heifer International head quarters, and growth in the nearby
River Market District, redevelopment of and reinvestment in existing properties is
anticipated which may resulting a vibrant neighborhood once again.
Phase II of the River Rail project will add additional trolley lines connecting the
Presidential Center and Park and Heifer International with the existing system,
and is expected to be completed this summer. This will result in a trolley line just
over a half mile from this site. Future plans for rail expansion indicate a rail
connection to the airport, which will travel through the Commercial node at East
6th Street and Bond Avenue -immediately west of the application.
Just north of this site is East 6th Street, which is shown as a Minor Arterial on the
Master Street Plan. The Master Street Plan indicates a new alignment of East 6th
Street at Bond Avenue that will connect the application area directly to Heifer
International, the Presidential Center and 3rd Avenue. This connection, the 3rd
Street Extension, could act as a catalyst for future development of the area since
access to the application would be directly linked to downtown.
April 28, 2005
ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01
4
The area east of Interstate 30 was extensively reviewed in 2003 under the
Mayor's East of I-30 Study to reflect the short term and long term impacts of
changes stemming from recent and proposed area developments. The study
resulted in numerous land use plan changes to reflect anticipated growth and
changes in the area. The amendments included the applicant’s property and
changed it from Single Family to Low Density Residential to allow for residential
densification. Immediately west of the applicant’s property, between Bender
Street and Bond Avenue, staff envisioned a conversion of the existing industrial
uses and changed it from Industrial to Commercial. The changes to Commercial
are intended to enable a “mixed-use downtown” development pattern for a
Commercial node at East 6th Street and Bond Avenue. Ideally staff would like to
see Planned Zoning Developments (PZDs) in the area to fulfill the goal of true
mixed use developments in the area. Flexibility in building orientation and
design for retail commercial and residential developments in this area are
encouraged to create a pedestrian friendly environment and strong
neighborhood. Since the amendments happened only two years ago, sufficient
time may not have passed to warrant any changes. One of the goals of the
Study was to strengthen and develop two “residential villages” of which this is
one. Any changes in the area that might harm the area’s long term vision of a
mixed use residential village should be discouraged. Addition of Commercial
west along 6th Street could result in a strip development pattern breaking the
east Little Rock neighborhood into two. Although strip development could
create a neighborhood “Main Street” for area, it may not be able to be supported
by the area population and may harm development of the existing Commercial
area.
The changes brought on by the Presidential Center and Park and the Heifer
International projects are significant. However the Library has just opened and
Heifer's first phase is still under construction. Thus the potential impacts are just
beginning to be seen. Speculation has begun in the area with potential investors
and developers contacting current owners about selling. This a volatile time for
the area. Until the developments already proposed have a chance to be
developed and start functioning, any change to the future plans will only add
instability to the area. The current plan as envisioned by the East of I-30 Study
brought the excitement and activity of the greater River Market area east of the
interstate around the two new major developments (Presidential Library and
Heifer) to Bond Avenue. In order to support this development, Downtown, the
Airport, surrounding business areas, two residential neighborhoods (Hanger Hill
and East Little Rock) were envisioned as neighborhoods next to the active
cultural areas.
At this time the Low Density Residential area near Bender Street has yet to
significantly develop with residential. Immediately west of the application there
April 28, 2005
ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01
5
have been improvements to a single family home. Several renovation permits
have been issued to homes near Riechardt Street and Flectcher Street since first
announcement of the Presidential Center and Park. This reinvestment trend
could pick up pace once the benefits and presence of Heifer International and
the Presidential Center are recognized. Expansion of the Commercial node
eastward could harm potential residential development / redevelopment in the
Low Density Residential area. While it is true only a little reinvestment has
occurred to date for residential in the area, there has been some. With the
existing elementary school in the area as well as numerous employment
opportunities area the area, this is a prime location of residential development.
NEIGHBORHOOD COMMENTS:
Notice was sent to the East Little Rock Neighborhood Association neighborhood
associations. Staff has not received any comments about this application.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate because the vision created in the
East of I-30 Study has not had time occur. The newly established Commercial
node has not yet developed and expansion into a Low Density Residential area
could be considered premature and deter future residential development.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Brian Minyard, City Staff, made a brief presentation to the commission. Monte
Moore made a presentation of item 2.1 and Dana Carney made a presentation
of item 5. These three items were on related matters, there for a discussion of
all three was conducted together. See item 2.1 for a complete discussion
concerning the rezoning of the southern lot from R-4 to C-4 and See item 5 for a
complete discussion concerning the Conditional Use Permit on the northern lot.
Mr. Coleman, the applicant, spoke in favor of the application.
Chairman Mizan Rahman asked if the Land Use Plan Amendment covered all of
the area. Dana Carney responded that the zoning was on the southern lot; the
conditional use permit is on the northern lot; and a Land Use Plan amendment
covered both of the lots.
Angie Weber, a resident on 6th Street said that Mr. Coleman, the applicant, was
a good neighbor but was concerned about parking concerns. She was against
the item.
April 28, 2005
ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01
6
Betty Finley, property owner of 1811 E 6th Street, spoke in opposition to the item.
She referred to the East of I-30 Study, which made the area Low Density
Residential.
A motion was made to approve the item as presented. The item failed with a
vote of 3 ayes, 6 noes, 1 absent and 1 abstention.
April 28, 2005
ITEM NO.: 2.1 FILE NO.: Z-7820
Owner: Travis Coleman, Sr.
Applicant: Travis Coleman, Sr.
Location: 615 Bender Street
Area: 0.1887 Acre
Request: Rezone from R-4 to C-4
Purpose: Parking lot and auto sales
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Auto repair shop; zoned I-2
South – Undeveloped property; zoned R-4
East – Single family residences; zoned R-4 and C-3
West – Heavy equipment and material storage; zoned I-2 and I-3
A. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify Bender Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from Centerline.
2. Furnish signed and notarized dedications with final Board approval of
the rezoning request.
3. With parking lot construction, provide Public Works with a design of
street conforming to the Master Street Plan. Construct one-half street
improvement to these streets including 5-foot sidewalks with planned
development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #12 (East 6th Street
Route) runs along East 6th Street to the north.
April 28, 2005
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820
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 East Little Rock and
Hanger Hill Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the East Little Rock Planning District. The Land
Use Plan shows Low Density Residential for this property. The applicant
has applied for a change from R-2 (Single Family District) to C-4 (Open
Display Commercial District) for expansion of an adjacent auto repair and
sales business.
This application is in an area that was reviewed in 2003 under the East of
I-30 Plan to reflect the short term and long term impacts of the changes
resulting from the Presidential Park and Heifer International Headquarters
locating in an area which had historically been industrial. The study
proposed further conversion of the industrial uses to a ‘mixed downtown’
development pattern. It encouraged minor densification of residential
areas east of Bond Street and the Hanger Hill area. The study created a
commercial node west of the property, and allowed for denser housing on
the applicant’s property. This new node was proposed where two Minor
Arterials meet (Bond and 6th Streets). It was intended to satisfy the needs
of the residential east of Bender and the mixed developments along Bond
and further to the west. A trolley line is anticipated to link the airport to
downtown with both of the possible alignments passing through or near
the proposed commercial node. With this linkage proposed transit
oriented development and higher density housing is anticipated for the
area. Flexibility in building orientation and design for retail commercial
and residential developments in this area is encouraged to create a
pedestrian friendly environment and strong neighborhood. A land use
plan amendment for change to Commercial is a separate item on the
agenda.
Master Street Plan:
Bender 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. Bender Street may require dedication of right-of-way and will
April 28, 2005
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820
3
require street improvements. Bender Street may also need to be
constructed to commercial street standards because it is shown as
Commercial on the future land use plan.
Bicycle Plan:
Existing or proposed Class I, II or III bikeways are not in the immediate
vicinity of the development.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Travis Coleman, Sr., owner of the 0.1887 Acre property at 615 Bender
Street, is requesting to rezone the property from “R-4” Two-Family
Residential to “C-4” Open Display District. The property is located on the
east side of Bender Street, south of East 6th Street. The rezoning is
proposed in order to develop the property as a parking lot and auto sales,
for the auto repair business located on the adjacent property to the north.
The property is currently undeveloped and partially grass-covered. It
appears some site work has taken place in preparation for the proposed
parking/auto sales lot.
The general area contains a mixture of uses and zoning. There is an auto
repair shop and single family residences on the I-2/R-4/C-3 zoned
property to the north, along the south side of East 6th Street. There is a
Little Rock School District office/warehouse building across East 6th Street
to the north. Undeveloped R-4 zoned property is located to the south.
Single family residences are located on the R-4/C-3 zoned property to the
east. The I-2/I-3 zoned property across Bender Street to the west
contains heavy equipment and material storage.
The City’s Future Land Use Plan designates this property as Low Density
Residential. The applicant has filed a Land Use Plan Amendment for a
change to Commercial. This application is a separate item (Item2.) on
this agenda.
Staff is not supportive of the requested rezoning to C-4. The City’s Future
Land Use Plan for this area was reviewed in 2003 as part of the East of
April 28, 2005
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820
4
I-30 Plan. At that time, it was determined that Bender Street would be the
dividing line between nonresidential designation to the west (along Bond
Street) and residential to the east. The area west of Bender Street was
downgraded from Industrial to Commercial. The area east of Bender
Street, which includes this property, was changed from various
designations to Low Density Residential, to encourage denser housing
development. Staff believes the proposed zoning change to “C-4” Open
Display District is inappropriate. In staff’s opinion, there have been no
significant changes in this area since the Land Use Plan was reviewed in
2003 which would support the proposed rezoning.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Travis Coleman, Sr. was present, representing the application. Staff presented
the item with a recommendation of denial. The rezoning, land use plan
amendment (Item 2) and conditional use permit (Item 5) were discussed
simultaneously.
Travis Coleman, Sr. addressed the Commission in support of the application.
He explained that rezoning this lot would have a major impact on the auto repair
business. He explained that he needed the additional parking. He noted that he
would keep the property clean.
There was a brief discussion of the proposed auto sales use. There was
additional discussion of landscaping, screening and paving requirements related
to the proposed parking lot/auto sales lot. The issue of the auto sales lot was
discussed further.
Angie Weber addressed the Commission in opposition. She explained that the
existing parking lot was not adequate for Mr. Coleman’s business. She noted
that Mr. Coleman had removed trees from the property at 615 Bender Street.
Commissioner Meyer explained that the proposed parking lot might help clean
up the property. Dana Carney, of the Planning Staff, noted that the property is in
violation of the Ordinance and should be cleaned up (outdoor storage).
Ruth Bell also addressed the Commission in opposition. She stated that she
opposed C-4 zoning next to residential property.
April 28, 2005
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820
5
Betty Findley also spoke in opposition. She noted that she owns the property
next door at 1811 East 6th Street. She presented photos to the Commission
showing the condition of the Coleman property. She explained that the property
was in poor conditions. She noted that she received no notice of the public
hearing. Staff explained that she was mailed a certified notice and that the post
office returned it as “undeliverable”. She made additional comments in
opposition to the rezoning and C.U.P. She expressed concern with additional
traffic in the area.
Mr. Coleman explained that Ms. Findley had not lived in the neighborhood in
20 years. He noted that he would clean up the property.
A motion was made to approve the rezoning application. The motion failed by a
vote of 5 ayes, 5 nays and 1 absent. The application was denied.
April 28, 2005
ITEM NO.: 3 FILE NO.: Z-7821
Owner: Our Way Inc.
Applicant: Sharlett Craig of Our Way Inc.
Location: 10434 West 36th Street
Area: 16.08 Acres
Request: Rezone from R-2 to MF-12
Purpose: To recognize the existing use of the property.
Existing Use: Multifamily housing for the physically
challenged and elderly.
SURROUNDING LAND USE AND ZONING
North – Undeveloped property and nursing home; zoned MF-12
and MF-18
South – Undeveloped property and church (across West 36th Street);
zoned R-2
East – UCP Rehabilitation and Skills Training Center, undeveloped
property and church; zoned PCD, R-2 and POD
West – Undeveloped property; zoned O-3
A. PUBLIC WORKS COMMENTS:
1. The right-of-way for 36th Street as shown on the survey is acceptable
for Master Street Plan standards at this location.
2. Any future site construction or re-development will be subject to Master
Street Plan improvements.
B. PUBLIC TRANSPORTATION ELEMENT:
The property is located on CATA Bus Route #14 (Rosedale Route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow, Kensington
April 28, 2005
ITEM NO.: 3 (Cont.) FILE NO.: Z-7821
2
Place, Campus Place and Westbrook Neighborhood Associations 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
change from R-2 (Single Family District) to MF-12 (Multifamily District) to
recognize an existing apartment complex use.
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.
A Minor Arterial provides connections to and through an urban area and
its primary function is to provide short distance travel within the urbanized
area. West 36th Street may require dedication of right-of-way and street
improvements.
Bicycle Plan:
A Class II bikeway is shown on West 36th Street adjacent to the property.
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 on West 36th Street.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the John Barrow
Neighborhood Action Plan. The Housing and Neighborhood Revitalization
goal is to provide “An improved overall appearance and safety of the John
Barrow neighborhood area,” and listed two objectives relevant to this
case. The first objective is “create programs that will reduce the public
safety concerns of all residents in their neighborhood areas.” Two action
statements “Improve street lighting to deter crime in the area,” and
“Implement a sidewalk replacement program to allow residents of the area
to walk and be outdoors more,” are directly related to this application.
Since this multifamily development will provide multiple units in the area,
damaged or missing sidewalks adjacent to the property should be
repaired and lighting improved to create a safe and walkable
neighborhood. The second objective, “Encourage programs directed
toward the social service needs of youth in the area,” had one action
statement directly related to this application “Provide positive
April 28, 2005
ITEM NO.: 3 (Cont.) FILE NO.: Z-7821
3
organized/structures activities for young children.” Since this is a
multifamily development, playgrounds and recreation areas should be
included in the design for the benefit of families and children.
E. STAFF ANALYSIS:
Our Way Inc., owner of the 16.08 Acre property at 10434 West 36th
Street, is requesting to rezone the property from “R-2” Single Family
District to “MF-12” Multifamily District. The property is located on the
north side of West 36th Street, east of Shackleford Road. The rezoning is
proposed in order to recognize the existing multifamily use of the property.
The property is currently occupied by a multiple building multifamily
development operated by Our Way Inc. The development contains 144
residential units for physically challenged and elderly households. The
development consists of 37 buildings and 110 paved parking spaces.
There is an asphalt driveway from West 36th Street which serves as
access to the property.
The general area contains a mixture of uses and zoning. Undeveloped
property and a nursing home, zoned MF-12 and MF-18, are located to the
north. Undeveloped O-3 zoned property is located to the west, along the
east side of Shackleford Road. The UCP Rehabilitation and Skills
Training Center, a church and undeveloped property is located to the
east. Undeveloped R-2 zoned property and a church are located across
West 36th Street to the south.
The City’s Future Land Use Plan designates this property as Multifamily.
The proposed zoning change to MF-12 does not require a change to the
Land Use Plan.
Staff is supportive of the requested MF-12 zoning. As noted previously,
the past use of the property has been 144 multifamily housing units for the
physically challenged and elderly. The applicant has proposed a
condition for the MF-12 zoning to be the continued use of the property for
physically challenged and elderly housing. Staff is also supportive of this
condition. Therefore, the rezoning ordinance presented to the Board of
Directors will contain the condition which will read as follows:
“The only permitted use of the property will be 144
multifamily housing units for the elderly and physically
challenged, with no changes to the property’s existing site
plan.”
April 28, 2005
ITEM NO.: 3 (Cont.) FILE NO.: Z-7821
4
If the property was proposed to be multifamily housing for the general
public, sufficient parking would not exist on the site to satisfy zoning
ordinance requirements. In this case, the applicant would be required to
file a site plan review application to add parking spaces to the
development. The conditions as offered by the applicant satisfies this
issue. Staff feels that the proposed rezoning to recognize the existing
nonconforming use of the property is reasonable and should have no
adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested MF-12 rezoning, subject to
the following condition (as offered by the applicant):
1. The only permitted use of the property will be 144 multifamily housing
units for the elderly and physically challenged, with no changes to the
property’s existing site plan.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval. The applicant offered no additional
comments.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 nays and 1 absent.
April 28, 2005
ITEM NO.: 4 FILE NO.: Z-1662-C
NAME: Donnie’s Foreign Car Service –
Revised Conditional Use Permit
LOCATION: 104 Markham Park Drive
OWNER/APPLICANT: Donnie Van Patter
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow an auto repair garage in
the existing building on this C-3 zoned property.
1. SITE LOCATION:
The property is located on the south side of Markham Park Drive;
between West Markham Street and North Bowman Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the intensely developed Markham/Bowman
Commercial Neighborhood. All surrounding properties are zoned
commercial and contain a wide variety of commercial uses. As long as
there is no outside storage of auto parts or storage of inoperable vehicles
on this site, the proposed use should be compatible with uses and zoning
in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Birchwood and Woodland
Hills/Aspen Highland Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by one driveway off of Markham Park Drive. There
are 26 parking spaces, plus the spaces in the service bays. This 9,000
square foot auto service center is required to have 40 parking spaces; 5
spaces plus 1 space per 250 square feet. The original C.U.P. was
approved with the current parking numbers. No expansion of the facility is
proposed.
4. SCREENING AND BUFFERS:
No comments on use change for existing building.
April 28, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-1662-C
2
5. PUBLIC WORKS COMMENTS:
1. No comments on proposed change of use for existing building.
2. This land is located in the floodplain. A special Grading Permit for
Flood Hazard Areas will be required per Section 8-283 prior to any
future construction or improvements.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Service line improvements may be required for auto repair
business at this location. Contact LRWU for details prior to starting
operations.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed regarding signage, days and hours of operation and the
number of employees. The applicant was asked to indicate on the site plan
where vehicles awaiting service were to be stored.
Public Works, Utility and Landscape Comments were noted.
The applicant was instructed to respond to staff issues by April 13, 2005. The
Committee forwarded the item to the full Commission.
April 28, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-1662-C
3
STAFF ANALYSIS:
In April 1987, a conditional use permit was approved for this C-3 zoned site to
allow an automobile service business that specialized in “tire sales and minor
repair, excluding body work.” The building is now occupied by Donnie’s Foreign
Car Service, Best Tire and Reliable Transmission. Donnie’s does mostly service
work; including tune-ups, oil changes, timing belts, brakes, water pumps, belts,
tires, engine performance computer upgrades, air intakes, repair of oil leaks,
struts and shocks. The business does not do engine overhauls, engine
rebuilding, paint or body work, machine work or car restoration. The
transmission shop rents one bay in the building. Staff determined the activity in
the building now exceeded that which was allowed under the approved C.U.P.
The applicant subsequently applied for this revision.
No changes are proposed to the site. There may be a change of text on the
existing signs to accommodate the users. Hours of operation are 7:30 a.m. to
5:30 p.m., Monday through Friday. Donnie’s has 7 employees and Reliable
Transmission has one employee. There is no storage of parts, equipment or
materials outside of the building. Four (4) parking spaces are indicated on the
site plan for parking of inoperable vehicles awaiting service. The use is not in
violation of the 1986 Bill of Assurance for Markham Commercial Subdivision.
With appropriate conditions attached to the use, staff believes it is compatible
with uses and zoning in the area. To staff’s knowledge, there are no outstanding
issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with all comments and conditions outlined in Sections 4, 5 and 6
of the Staff Report.
2. There is to be no outside storage of parts, equipment or materials.
3. All work must take place within the enclosed building.
4. No inoperable vehicles are to remain on the site for longer than thirty (30)
days.
5. All dumpsters and trash collection areas are to be screened as required by
the Code.
April 28, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-1662-C
4
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the item needed to be deferred since the applicant had sent
the required notices only 7 days prior to the meeting, not 15 days as required.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9, 2005
meeting by a vote of 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 5 FILE NO.: Z-4189-B
NAME: Coleman Convenience Store –
Conditional Use Permit
LOCATION: 1805 East 6th Street
OWNER/APPLICANT: Henry Coleman/Travis Coleman
PROPOSAL: A conditional use permit is requested to allow a
convenience store in the front portion of the existing
building on this I-2 zoned property.
1. SITE LOCATION:
The property is located the southeast corner of East 6th and Bender
Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. Single
family homes are located on the R-4 and C-3 zoned properties to the east.
The R-4 property to the south is vacant. A LRSD office-warehouse is
located across 6th Street, to the north. A large area of I-2 and I-3 zoned
properties extends to the west. The vacant, I-2 property immediately to
the west is being used for the storage of heavy equipment and materials.
The proposed convenience store, utilizing the front 27 feet of this existing
building, should be compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Hanger Hill and East Little
Rock Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
An existing, paved parking lot is located west of the building. Access is
only from Bender Street. There may be as many as 14 to 15 parking
spaces on the site, but it is somewhat difficult to determine since vehicles
are parked haphazardly on the site. The applicant needs to park vehicles
in an orderly manner, utilizing marked parking spaces. Four spaces near
the front of the site must be marked for use by convenience store
customers. Staff anticipates many of the customers may be
neighborhood residents. If the on-site parking is “cleaned-up”, it should
be sufficient for the use.
April 28, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B
2
4. SCREENING AND BUFFERS:
An upgrade in landscaping may be required if remodeling or rehabilitation
of the structure exceeds fifty (50) percent of the building’s current
replacement cost.
5. PUBLIC WORKS COMMENTS:
1. East 6th Street is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 35 feet from centerline will be
required (special reduced standard).
2. The proposed land use would classify Bender Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from Centerline.
3. Furnish signed and notarized dedications with final Board approval of
the rezoning request.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected. Any food
preparation facilities will require installation of grease trap.
Entergy: Approved as submitted.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: 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). Contact Central
Arkansas Water if larger and/or additional water meter(s) are required.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is located on a CATA Bus Route.
April 28, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B
3
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was not present. Staff presented the item and noted additional
information was needed regarding signage, uses, days and hours of operation,
number of employees, site lighting and fencing. Staff noted the dumpster
location and on-site parking spaces needed to be shown on the plan.
Public Works, Utility and Landscape Comments were noted.
Staff stated the applicant would be contacted regarding the various issues. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The I-2 zoned property located at the southeast corner of East 6th and Bender
Streets is currently occupied by an auto part sales and auto repair garage
business. The site contains a 50’ X 105’ building and a paved parking lot. The
applicant proposes to utilize the front 27 foot portion of the building for a
convenience store. The remainder of the building will continue to be used for the
auto parts and service business.
The proposed convenience store will operate 7:00 a.m. to 7:00 p.m., Monday
through Saturday. Signage will consist of wall or awning signs on the building.
Signage will comply with ordinance standards. The convenience store will
employ two (2) persons. Any new site lighting will be shielded downward and
into the site.
While staff is supportive of the proposal and believe that the proposed
convenience store will provide a needed service to neighborhood residents,
there are a few issues that need to be addressed on the site.
The applicant must clean-up the on-site parking situation. Currently, the parking
lot is virtually inaccessible due to vehicles being parked haphazardly on the site.
This must be addressed by parking vehicles in an orderly manner, in marked
spaces. Four (4) spaces near the front of the site must be marked for use by
convenience store customers.
All outdoor service and work on vehicles must cease and any outdoor storage of
parts must cease. This is a violation of the I-2 zoning district criteria, which
require all uses to take place within the enclosed building.
The dumpster must be screened to comply with Ordinance Standards.
April 28, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B
4
If these issues are addressed, staff believes the proposed convenience store will
be an appropriate use on the site. The 1912 bill of assurance does not address
use issues. The use is compatible with uses and zoning in the area and should
provide a needed service to neighborhood residents.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. to allow a convenience
store in the front 27 feet of this existing building subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the staff report.
2. Any new site lighting must be shielded downward and into the site.
3. All outdoor service and work on vehicles and outdoor storage of parts must
cease.
4. The dumpster must be screened to comply with Ordinance Standards.
5. The on-site parking must be cleaned up. The vehicles must be parked in an
orderly manner, in marked spaces. Four (4) spaces at the front of the site
must be marked for use by convenience store customers and the on-site
driveway must remain open.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant, Mr. Coleman, was present. There were three (3) registered
objectors present. The item was discussed in conjunction with items 2 and 2.1;
615 Bender Street. Staff presented the C.U.P. application and a
recommendation of approval subject to compliance with the conditions outlined
in the “Staff Recommendation” above.
Mr. Coleman stated he needed the property at 615 Bender Street rezoned to
allow him to relocate a car sales lot from North Little Rock and to allow him to
clean-up his existing parking lot and to make it more accessible. He stated the
office for the car lot would be in the existing building at 1805 East 6th Street.
Angie Weber, of 1815 East 6th Street, spoke in opposition. She discussed
Mr. Coleman’s property and described several problems on the site. Ms. Weber
stated she did not want a convenience store next door. Ms. Weber stated
Mr. Coleman needed to keep his car lot on Broadway in North Little Rock.
Commissioner Meyer stated he was looking at this C.U.P. as an opportunity to
get the site cleaned-up. In response to a question from Commissioner Meyer,
staff stated they would investigate the site for any violations.
Ruth Bell, of the League of Women Voters, spoke in opposition to the C-4
rezoning at 615 Bender.
April 28, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B
5
Betty Findley, of 4900 Randolph Road in North Little Rock, spoke in opposition.
She stated she owned the property at 1811 East 6th Street. She presented
photographs of Mr. Coleman’s property and noted several problems with the site.
Staff did not receive copies of the photos. She stated she did not receive notice
of the hearing. Staff responded that the notices were done correctly and Ms.
Findley’s notice was returned marked “undeliverable”. Ms. Findley asked why no
privacy fence was installed as was required in 1984. Staff responded that the
issue would be investigated. She stated a used car lot was not a welcome use in
the area.
Mr. Coleman responded that the Findley house at 1811 East 6th Street had been
vacant for about 20 years. He stated he would clean-up his site.
Commissioner Meyer stated he wanted the City to enforce any violations on the
property.
A vote was taken on item 2, the land use plan amendment. The vote was
3 ayes, 6 noes, 1 absent and 1 abstaining (Rector).
A vote was taken on the rezoning of 615 Bender Street. The vote was 5 ayes,
5 noes and 1 absent.
A motion was made to approve the C.U.P. application, subject to compliance
with all staff comments and conditions. The vote was 9 ayes, 0 noes, 1 absent
and 1 abstaining (Adcock).
April 28, 2005
ITEM NO.: 6 FILE NO.: Z-4384-E
NAME: Tender Touch Grooming – Conditional Use Permit
LOCATION: 13420 Otter Creek Parkway, Suite 7
OWNER/APPLICANT: EZ Mart Stores/Glenn Crisel
PROPOSAL: A conditional use permit is requested to allow a dog
grooming business in one suite of the existing
building on this C-1 zoned property.
1. SITE LOCATION:
The property is located at the northwest corner of Stagecoach Road and
Otter Creek Parkway.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the Stagecoach/Otter Creek commercial
node. Properties to the north, south and west are zoned C-1 and C-2 and
contain a variety of commercial uses. A utility substation is located on the
R-2 zoned property across Stagecoach Road to the east. The proposed
use, utilizing one bay of this existing strip center should be compatible
with uses and zoning in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Otter Creek and SWLR
United for Progress Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The property contains a parking lot with access drives onto Stagecoach
Road and Otter Creek Parkway. There is sufficient on-site parking to
accommodate this use within the existing commercial strip center.
4. SCREENING AND BUFFERS:
No Comment regarding use change in existing building.
5. PUBLIC WORKS COMMENTS:
No comment regarding use change in existing building.
April 28, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-4384-E
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: Approved as submitted.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in
addition to normal charges. Due to the nature of this facility,
installation of an approved reduced pressure zone backflow preventer
assembly (RPZA) is required on the domestic water service. This
assembly must be installed prior to the first point of use. Central
Arkansas Water (CAW) requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified
Assembly Tester licensed by the State of Arkansas and approved by
CAW. The test results must be sent to CAW’s Cross Connection
Section within ten days of installation and annually thereafter. Contact
Carol Keatts at 377-1226 if you would like to discuss backflow
prevention requirements for this project.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was not present. Staff presented the item and noted additional
information was needed regarding signage, days and hours of operation and
number of employees. Staff noted the required cover letter and property owner
authorization had not been submitted. Staff questioned whether the required
notification sign had been posted on the property.
Public Works, Utility and Landscape Comments were noted.
Staff stated the applicant would be contacted regarding the various issues and
comments. The item was forwarded to the full Commission.
April 28, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-4384-E
3
STAFF ANALYSIS:
A conditional use permit is requested to allow a dog grooming business in one
suite of the existing, multi-tenant, commercial strip center on this C-1 zoned
property. The business will consist of grooming only and will not include
veterinary services or boarding. The business is proposed to operate from
7:30 a.m. – 5:00 p.m., Tuesday through Friday and 8:00 a.m. – 4:00 p.m.,
Saturdays. Signage will consist of space on the center’s existing multi-tenant
ground sign and wall signage in compliance with the Code. The site is fully
developed with an existing building, driveways and parking. No changes are
proposed to the site plan. The business will employ 1 to 2 persons.
Staff believes the proposed use is appropriate for the site. A small,
neighborhood oriented pet grooming business fits within the concept of the C-1,
Neighborhood Commercial zoning district. The use is compatible with the zoning
and uses in the immediate area. To staff’s knowledge, there are no outstanding
issues associated with the proposed use. There is no bill of assurance issue.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the comments and conditions outlined in Section 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
comments and conditions outlined in Section 6 of the agenda staff report. There
was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 7 FILE NO.: Z-4420-D
NAME: Greater Center Star Baptist Church Summer Program
– Conditional Use Permit
LOCATION: 800 West 33rd Street
OWNER/APPLICANT: Greater Center Star Baptist Church/Wendell Jones
PROPOSAL: A conditional use permit is requested to allow for a
children’s summer program to be operated in the
existing church family life center located on this
R-4 zoned property.
1. SITE LOCATION:
The site is located on the south side of Short 32nd Street; at the south end
of State Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The proposed summer children’s program is to be located within the
existing family life center. No changes are proposed to the church site.
Allowing this Monday through Friday, daytime children’s program should
not affect the church’s continued compatibility with the neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the MLK, Meadowbrook and
South End Neighborhood Associations were notified of the request.
3. ON SITE DRIVES AND PARKING:
The church has several parking lots, both on the immediate church site
and on the adjoining blocks. No changes are proposed to the parking lots
or driveways. There is adequate parking and drop-off/pick-up space in
the parking lots for this use. The Monday through Friday day time
children’s program will not interfere with the church’s peak demand times
for use of the parking lots.
4. SCREENING AND BUFFERS:
No comments regarding proposed summer program.
5. PUBLIC WORKS COMMENTS:
No comments regarding proposed summer program.
April 28, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-4420-D
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: A CATA Bus Route is located just east of this site; at 33rd and
Gaines.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was not present. Staff presented the item and noted there
appeared to be no outstanding issues. Staff stated the applicant would be asked
if there were any outdoor activity areas.
Public Works, Utility and Landscape Comments were noted.
The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Greater Center Star Baptist Church is located on the R-4 zoned property at 800
West 33rd Street. The property contains the church building, a family life center
building and parking spaces. Additional parking lots are located on or have been
approved for construction on R-3 zoned properties to the west, east and south.
The Commission has previously approved conditional use permits to allow for
construction of the family life center and parking lots. The church is now
requesting approval of a revision to its C.U.P. to allow a Christian Summer
Program for children ages 4 to 12. Participants will be members of the church
congregation as well as children from the neighborhood and various parts of the
City. The program will provide services for 75 children and will operate Monday
through Friday, 6:30 a.m. to 5:30 p.m. during the summer months only. The
April 28, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-4420-D
3
program will be located in the existing family life center. The existing parking lot
and drives will be used for drop-off/pick-up of children.
The applicant responded to the question raised at Subdivision Committee
regarding outside activities. All activities on the church property will be limited to
inside the Family Life Center building. If there are outdoor activities, the children
will be taken to the Boys Club property located across 33rd Street, to the south.
Staff believes the proposed summer children’s program is a reasonable use for
this existing facility. To staff’s knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the application, as filed, for a children’s program
to be operated during the summer months (between school terms).
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of
10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 8 FILE NO.: Z-5156-B
NAME: Suds Carwash – Conditional Use Permit
LOCATION: 10801 West Markham Street
OWNER/APPLICANT: River City Energy/ T. J. McDaniel
PROPOSAL: A conditional use permit is requested to allow for
development of a carwash on this C-3 zoned
property.
1. SITE LOCATION:
The site is located on the southwest corner of West Markham and
Shackleford.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located an intensely developed commercial neighborhood,
surrounded by a variety of commercial uses. The proposed car wash is
compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Beverly Hills and
Birchwood Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the site will be from one of two driveways; one on West
Markham Street and one on Shackleford Road. The Markham Street
driveway will be a right in-right out only driveway. The driveway onto
Shackleford will be full access. There is adequate stacking space at the
car wash bays and room for vehicles at the car wash islands.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
A 9’ wide landscape strip is required around all the perimeters of the site.
Currently, the eastern, the western, and the northern perimeters are less
than this minimum requirement.
5. PUBLIC WORKS COMMENTS:
1. Shackleford Road and Markham Street are classified on the Master
April 28, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B
2
Street Plan as minor arterials. A dedication of right-of-way 45 feet
from centerline or to the back of the future sidewalk will be required.
2. A radial dedication of right-of-way is required at the intersection of the
streets.
3. A new right turn lane is shown on the plans as called for in the Master
Street Plan. The general configuration is acceptable subject to design
review with the building permit. Construct one-half street
improvements including 5-foot sidewalks with planned development.
4. All driveways shall be concrete aprons per City Ordinance.
5. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
6. Please refer also to comments from Traffic Engineering concerning
driveway configurations.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Submittal of plans to LRWU required. Service line upgrades
may be required for car wash at this location.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. If there are facilities that need to be adjusted
and/or relocated, contact Central Arkansas Water. Due to the nature
of this facility, installation of an approved reduced pressure zone
backflow preventer assembly (RPZA) is required on the domestic
water service. This assembly must be installed prior to the first point
of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and
approved by CAW. The test results must be sent to CAW’s Cross
Connection Section within ten days of installation and annually
thereafter. Contact Carroll Keatts at 377-1226 if you would like to
discuss backflow prevention requirements for this project. That work
would be done at the expense of the developer. There is a 10-foot
wide waterline easement along the eastern line of this site, recorded in
Book 72, Page 341, Pulaski County Courthouse.
April 28, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B
3
Fire Department: Fire hydrant may be required.
County Planning: No Comments.
CATA: The site is located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicants were present. Staff presented the item and noted additional
information was needed regarding building design, signage, days and hours of
operation, site lighting and fencing. Staff asked if there would be an attendant
on the site. Staff also voiced concern about the circulation pattern on the site;
particularly as it related to access to the vacuum islands. The applicant
responded that there would be no attendant on the site. The applicant stated the
plan had been modified to provide for two-way traffic on the site which would
allow for better circulation. The committee asked the applicant to look at the
dumpster location to determine if a truck could access it.
Public Works, Utility and Landscape comments were discussed. Staff reviewed
the proposed half-street and intersection improvements as well as the driveways.
It was noted that the proposed plan appeared to comply with Ordinance
Standards.
The applicant was instructed to respond to staff issues by April 13, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The C-3 zoned, 4.1± acre tract located at the SW corner of West Markham and
Shackleford currently is occupied by an automobile service station with gas
pumps. The applicants propose to raze that building and redevelop the property
for a Sud’s Car Wash. The new development will consist of a single building with
two self serve car wash bays, two automatic car wash bays and an equipment
room. The site will be completely redeveloped with new landscaping, paving and
street improvements.
The proposed new building will be one story in height and will have a varied
exterior which includes metal and tile accents. The building will also be painted
to have the appearance of bubbles. Signage will consist of one ground mounted
sign on each street frontage and one wall sign on the north, south and east
facades. The signage will comply with height and area allowed in commercial
zones; 36 feet in height and 160 square feet in area for the ground signs and
April 28, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B
4
10% façade coverage for the wall signs. A variance is needed to allow the wall
sign on the south façade since it does not face a street. Staff is supportive of the
variance.
The facility will operate 24 hours a day, 7 days a week. There will not be an
attendant on site. No new fencing will be added, other than screening fencing
around the dumpster. The dumpster is located at the southwest corner which
will cause the trash truck to have to back up some distance on the site. A
manager will visit the site each day to clean, take out trash, collect money and
address any potential problems.
Two vacuum islands are located near the front of the site, at the edge of the
parking lot. A small canopy will cover only the equipment of the vacuum islands.
Staff believes the proposed use is compatible with uses and zoning in the area.
To staff’s knowledge, there are no outstanding issues. On April 11, 2005, the
applicant submitted responses to issues raised at Subdivision Committee and
included in the analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
3. Compliance with all staff comments and conditions outlined in Sections 4, 5
and 6 of the agenda staff report.
4. All site lighting is to be shielded downward and into the site.
5. The site is to be kept clean; trash is to be picked up and trash cans emptied
daily.
6. There is to be no signage on the vacuum island canopies which denotes the
name of the facility.
7. There is to be no flashing, oscillating or pulsating of any neon on the building.
Staff recommends approval of a variance to allow one wall sign without street
frontage on the south wall of the building.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. There was no further
discussion.
April 28, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B
5
The item was placed on the Consent Agenda and approved by a vote of
10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 9 FILE NO.: Z-7804
NAME: Toll Multisectional Manufactured Home –
Conditional Use Permit
LOCATION: 10901 West 36th Street
OWNER/APPLICANT: Richard Toll
PROPOSAL: A conditional use permit is requested to allow for
placement of a multisectional manufactured home on
this R-2 zoned 3.62± acre tract.
1. SITE LOCATION:
The property is located at the southwest corner of West 36th Street and
Old Shackleford Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that has a variety of residential and
business uses. A C.U.P. was recently approved to allow a similar
structure on the property to the west. Across West 36th Street, to the
north, are several conforming and nonconforming commercial and
warehouse uses. To the south is a floodway and a PID zoned industrial
building. A large trailer park is located further south, along Shackleford
Road and the Our Way multifamily development is located further to the
east. The proposed use is compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the John Barrow
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
A single driveway off of West 36th Street is proposed to provide access.
One on-site parking space is required. There is more than adequate
space for parking on the site.
4. SCREENING AND BUFFERS:
No comments on this issue.
April 28, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-7804
2
5. PUBLIC WORKS COMMENTS:
1. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction.
2. The minimum Finish Floor elevation of 317 is required to be shown on
plat and grading plans.
3. Since this tract is not an individual platted residential lot, 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
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: 15’ easement is required along the northern, eastern and
western perimeters.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas requirements in effect at the time of request
for water service must be met. It appears that the property west of this
has the same address. A Capital Investment Charge based on the
size of the meter connection(s) will apply to this project in addition to
normal charges.
Fire Department: No Comments received.
County Planning: No Comments.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was not present. Staff presented the item and noted there were
few outstanding issues. Staff stated the applicant would be contacted for more
information on the proposed home; including year model and external materials.
Public Works and Utility Comments were noted.
April 28, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-7804
3
The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for the
placement of a multi-sectional manufactured home on this R-2 zoned, 3.62± acre
tract.
The proposed home is to be 28’ X 80’ in size. The home will have vinyl siding
and a pitched, shingled roof. Underpinning will be concrete block or rock board
with simulated brick finish. Anchoring will be in accordance with applicable
codes. The home will be a new or newer (post 2000) model.
The home, as proposed, is to be located 80± feet off of West 36th Street. The
side and rear setbacks are well in excess of the R-2 zoning requirements. A
single driveway off of West 36th Street will provide access. The southern portion
of the tract is located in the floodway. No development will occur in that area.
The area of the home site, which is out of the floodway, will be filled to provide
the required finished floor elevation.
Staff believes the proposed multisectional manufactured home is an appropriate
use for this site. The proposed home is compatible with uses and zoning in the
area. Placement of the home must comply with the siting criteria of Section
36-254(d)(5) of the Code. There is no bill of assurance for this acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the staff comments and conditions outlined in Sections
4, 5 and 6 of the Agenda Staff Report.
2. Compliance with the following siting criteria from Section 36-254(d)(5) of
the Code:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport elements.
c. Permanent foundation.
d. Exterior wall finished so as to be compatible with the neighborhood.
April 28, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-7804
4
e. Orientation compatible with placement of adjacent structures.
f. Underpinning with permanent materials.
g. All homes shall be multisectional.
h. Off-street parking per single-family dwelling standard.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There was one (1) objector present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above and compliance with
the following additional condition agreed to by the applicant in response to a
request by Betty Snyder of the John Barrow Neighborhood Association:
“This C.U.P. approval is for this multisectional manufactured home
only. The home may not be changed-out for another home without
Planning Commission approval. The approval is not tied to
ownership or occupancy.”
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 10 FILE NO.: Z-7815
NAME: Dunn Duplex – Conditional Use Permit
LOCATION: 1406 South Battery Street
OWNER/APPLICANT: Albert E. Dunn
PROPOSAL: A conditional use permit is requested to allow for
conversion of the existing residential structure on this
R-3 zoned lot into a duplex.
STAFF REPORT:
This item has been refiled as a PRD to include the property adjacent to the
north. Staff recommends withdrawal of this C.U.P. application.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that this C.U.P. application be withdrawn. There was no further
discussion.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 11 FILE NO.: Z-7816
NAME: Deerman Milam Duplexes – Conditional Use Permit
LOCATION: 3215, 3219 and 3223 Ludwig Street
OWNER/APPLICANT: Michael Deerman and Russell Milam
PROPOSAL: A conditional use permit is requested to allow for
construction of a duplex residential structure on each
of these R-3 zoned lots.
1. SITE LOCATION:
The lots are located on the east side of Ludwig Street; north of 33rd Street
and one block west of John Barrow Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The R-3 zoned properties to the north, east and south are currently
vacant. Multiple neighborhood oriented commercial uses are located
along John Barrow Road, to the east. A church is located at 34th and
Ludwig, one block to the south. Staff believes the proposed duplexes
provide a good transition from the commercial development along Barrow
Road to the residential neighborhood extending to the west. The adopted
Land Use Plan recommends Mixed Office Commercial for the properties
directly adjacent to these lots, fronting onto Barrow Road. Staff believes it
is important that the Ludwig Street frontage of the proposed duplex
development be sensitive to the residential 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
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
Each duplex is required to have three on-site parking spaces; 1.5 per unit.
The plan provides for rear access to parking spaces located behind each
duplex.
4. SCREENING AND BUFFERS:
No Comments.
April 28, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7816
2
5. PUBLIC WORKS COMMENTS:
1. Duplex construction on existing platted lots is exempt from boundary
street and stormwater detention ordinances.
2. Show proposed parking arrangement. Width of driveway cuts is
limited to 20’ per lot.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: 15’ easement is required along western perimeter, behind
right-of-way line.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas requirements in effect at the time of request
for water service must be met. Contact Central Arkansas Water
regarding the sizes and locations of water meters.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicants were present. Staff presented the item and noted additional
information was needed regarding on-site parking, fencing and proposed
management. The applicants were instructed to show a sidewalk from the
parking area to the entrances of the duplexes. Staff voiced a desire that the
front (Ludwig Street) façade of the project be designed to be sensitive to and
compatible with the single family neighborhood which extends to the west. It was
suggested that the parking might be relocated behind the buildings with access
taken off of 32nd Street. Staff also asked that the building façade be designed to
have more of “house front” appearance. The Committee members offered
suggestions such as window shutters and landscaping.
April 28, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7816
3
Public Works and Utility Comments were noted.
The applicants were directed to respond to staff issues by April 13, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicants are requesting approval of a conditional use permit to allow for
construction of a duplex residence on each of these R-3 zoned lots.
Each structure is to be 34’ X 64.5’ in size. Each unit of the duplex will have
1,096.5 square feet of area. The duplex will be a front-to-back design with side
entrance. Each unit will contain 3 bedrooms, one bath, kitchen, dining and living
rooms. A driveway will be extended off of West 33rd Street, along the alley right-
of-way. Parking will be located at the rear of each unit. The structures will be
one-story with vinyl siding and shingled hip roofs. A dormer will be built into the
roof facing Ludwig Street. Landscaping, consisting of trees and shrubs, will be
planted along the front of each unit. Sidewalks will be constructed from the front
entrance of each unit to the parking area at the rear. The properties will be
owned and managed by the applicants, Russ Milam and/or Michael Deerman.
Management includes the oversight of the grounds and property maintenance,
possible tenant screening, background checks and rent payment collections.
Staff believes the proposed duplexes are an appropriate use for these lots. The
duplex residences will provide a good transition from the commercial uses along
John Barrow Road to the residential neighborhood. The applicants have
addressed staff concerns related to design by relocating the parking to the rear
of the site and making some design commitments related to the Ludwig Street
façade of each unit.
To staff’s knowledge, there are no outstanding issues. The 1907 bill of
assurance does not address use issues. The applicants submitted a revised
plan and responses to issues raised at Subdivision Committee and reflected in
the analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the staff comments and conditions outlined in Sections 4, 5
and 6 of the agenda staff report.
April 28, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7816
4
2. Compliance with the landscape and building design plan submitted by the
applicants and included with this C.U.P.
3. Staff is to be notified in writing of any change in ownership or management of
any of these duplexes or properties.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicants were present. There was one (1) objector present. Staff
presented the item and a recommendation of approval subject to compliance
with the conditions outlined in the “Staff Recommendation” above.
Chairman Rahman asked the objector to speak first. Betty Snyder, of the John
Barrow Neighborhood Association, stated the Association had met with the
applicant and in fact liked the applicant. She stated the Association was
opposed to allowing more rental units in the neighborhood; that they wanted
more owner-occupied single family residences.
The applicant, Russ Milam, stated he appreciated the neighborhood’s concerns.
He stated he agreed with staff that the duplexes would be a good transition from
the commercial uses on John Barrow Road, to the single family neighborhood.
In response to a question from the Commission, Mr. Milam amended his
application to state the duplexes would not be Section 8 (subsidized) housing.
A motion was made to approve the application, as amended, subject to all staff
comments and conditions. The motion was approved by a vote of 8 ayes,
2 noes and 1 absent.
April 28, 2005
ITEM NO.: 12 FILE NO.: Z-7817
NAME: Harper Accessory Dwelling – Conditional Use Permit
LOCATION: 111 Pearl Street
OWNER/APPLICANT: Gary E. Harper/Eugene Levy
PROPOSAL: A conditional use permit is requested to allow for
expansion of the existing, nonconforming accessory
dwelling located on this R-3 zoned lot.
1. SITE LOCATION:
The property is located on the east side of Pearl Street, just south of West
Markham Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the northern fringe of the Capitol View – Stifft’s
Station Neighborhood. Single family and multifamily properties are
located immediately adjacent to the site and extending south, east and
west. A nonconforming doctor’s office (this applicant) is located just to the
south. Just north of the site, an area of commercial zoning and uses are
located along Markham Street. This accessory dwelling has existed for
many years. Nothing under this proposal will affect the site’s continued
compatibility with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Capitol View – Stifft’s
Station Neighborhood were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has a paved driveway which is shared with the adjacent lot. No
changes are proposed to the driveway or parking area. The accessory
dwelling and single family residence each require one on-site parking
space. The applicant proposes to continue the stacked parking
arrangement in the existing driveway. On-street parking is also available.
4. SCREENING AND BUFFERS:
No Comments.
April 28, 2005
ITEM NO.: 12 (Cont.) FILE NO.: Z-7817
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Waters if larger and/or additional water
meter(s) are required.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: A CATA Bus Route is located north of this site at Markham
Street.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicant was present. Staff presented the item and noted there were few
outstanding issues. Staff asked the applicant to provide information on the
proposed design of the addition. Staff also noted that there were already
separate utilities serving each structure. Staff noted that the property owner
would not live on the site; that his daughter occupied the principal structure and
his son was to occupy the accessory dwelling. Dr. Harper stated both units were
rental when he acquired the property. Staff asked about the availability of
parking on-site. Dr. Harper responded that he proposed to continue the stacked
parking arrangement that had always been used in the past.
There were no other comments. The committee forwarded the item to the full
Commission.
April 28, 2005
ITEM NO.: 12 (Cont.) FILE NO.: Z-7817
3
STAFF ANALYSIS:
The R-3 zoned lot located at 111 Pearl Street contains a one-story single family
residence, an accessory building (garage – storage) and a nonconforming
accessory dwelling. The applicant proposes to remodel the accessory dwelling;
including maintenance and repair of the plumbing, electrical and structural
elements. The applicant also proposes to construct additions for a bedroom and
a balcony. It is the construction of the additions that creates the need for a
conditional use permit.
The proposed bedroom addition is the approximate size of an existing balcony
which is to be removed, so the footprint of site coverage will remain similar. The
bedroom and new balcony are to be located on the rear of the existing accessory
structure. An overgrown, unimproved alley right-of-way behind the site serves as
a buffer and provides good screening. The accessory dwelling and principal
dwelling already have separate utilities. The units were both rental dwellings
when the applicant acquired the property. The proposed addition will be
constructed with hardboard siding and a composition shingle roof to match the
existing structure. Once completed, the accessory dwelling will contain one
bedroom, one bathroom, a kitchen and living area.
Staff believes it is appropriate to allow for the remodeling and expansion of this
nonconforming accessory dwelling. The use is compatible with uses in the area
which include multifamily, single family, other accessory dwellings and several
nonresidential uses.
Parking will continue as it has for many years; stacked in the existing, shared
driveway. The 1916 bill of assurance does not address use issues.
The property owner does not occupy either dwelling. Under this proposal, his
daughter is to occupy the principal dwelling and his son is to live in the accessory
dwelling. The property does have a history of use as rental property and staff
believes it is appropriate to allow a variance permitting the property owner not to
occupy the site.
To staff’s knowledge there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. as filed.
Staff recommends approval of variances to allow the continued stacked parking
arrangement, to allow area coverage to exceed 30% of the required rear yard
and to allow the property owner not to occupy either dwelling on the site.
April 28, 2005
ITEM NO.: 12 (Cont.) FILE NO.: Z-7817
4
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There were no objectors present. Staff had received
one (1) letter of support from a neighborhood resident. Staff presented the item
and a recommendation of approval, including the variances outlined in the “Staff
Recommendation” above. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 10 ayes, 0 noes and 1 absent.
April 28, 2005
ITEM NO.: 13 FILE NO.: Z-7818
NAME: Barnes Day Care Center – Conditional Use Permit
LOCATION: 17412 Lawson Road
OWNER/APPLICANT: Robert Clark/ Charles and Roma Barnes
PROPOSAL: A conditional use permit is requested to allow for
construction of a day care center on this R-2 zoned
2.1± acre tract.
1. SITE LOCATION:
The site is located on the north side of Lawson Road, west of Sullivan
Road. The property is outside of the city limits but within the City’s
extraterritorial jurisdiction.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed zoning and uses. In this immediate
area along Lawson Road, from Sullivan Road and Plume Drive, are
several businesses and nonresidential uses. The C-1 lot across the street
was recently rezoned to PCD for a car sales lot. A new fire station is also
located across Lawson Road. The PCD to the southwest was to allow a
sno-cone stand. Other uses include a nonconforming car lot to the west
and a car wash, upholstery shop and vacant commercial building to the
east.
Locating a day care center on this arterial roadway in an area of mixed
zoning and uses is an appropriate use.
All owners of property located within 200 feet of the site and all residents
within 300 feet who could be identified were notified of this request.
There is no neighborhood association in this area.
3. ON SITE DRIVES AND PARKING:
The applicant proposes to construct a circular driveway with two curb cuts
onto Lawson Road. One-way circulation will provide stacking space.
Fifteen (15) on-site parking spaces will be provided. A total of 22 parking
spaces are required for the day care. With the proposed stacking space,
the parking should be sufficient.
April 28, 2005
ITEM NO.: 13 (Cont.) FILE NO.: Z-7818
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Along Lawson Road, the on-site buffer must be an average of twenty-
eight (28) feet in width but in no case less than fourteen (14) feet.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the northern, eastern, and western perimeters of the site. Credit towards
fulfilling this requirement can be given for existing trees and undergrowth
that satisfies this year-around requirement.
An automatic irrigation system to water landscaped areas will be required.
Building landscaping is required between the associated parking lot and
the building or in the general area.
Interior landscaping requirement are required to be located within the
proposed parking area. This minimum requirement is calculated at 8% of
the paved surface areas.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling
Landscape Ordinance requirements can be given when preserving trees
of six (6) inch caliper or larger.
It is also recommended to save trees around the playground area to
provide shade for the children on hot, summer days.
Curb and gutter or another approved border will be required to protect
landscaped areas from vehicular traffic.
Prior to construction it will be necessary to provide an approved landscape
plan.
5. PUBLIC WORKS COMMENTS:
1. Lawson Road is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
April 28, 2005
ITEM NO.: 13 (Cont.) FILE NO.: Z-7818
3
2. 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 or seek a Board.
3. Locate parking spaces back from the new right-of-way line.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Outside service boundary. No Comment.
Entergy: 15’ easement required along southern perimeter, behind right-
of-way.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Waters requirements in effect at the time of
request for water service must be met. Additional fire hydrant(s) may
be required. Contact the Fire Department having jurisdiction to obtain
information regarding the required placement of the hydrant(s) and
contact Central Arkansas Water regarding procedures for installation
of the hydrant(s).
Fire Department: Provide statement from local Volunteer Fire Department
indicating approval of plan and ability to provide service. Fire hydrant
may be required.
County Planning: No Comments received; contact Pulaski County
Planning.
CATA: This site is not located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicants were present. Staff presented the item and noted much more
information was needed on the project, including: a copy of the bill of
assurance, building design, signage, building setbacks, days and hours of
operation, number of employees and children, site lighting, dumpster location
and screening and fencing. Staff asked the applicant to provide dimensions of
the parking stalls and driveways and to show the paving material for the
driveways and parking. It was noted that approval from the local Volunteer Fire
Department was needed.
April 28, 2005
ITEM NO.: 13 (Cont.) FILE NO.: Z-7818
4
Public Works, Utility and Landscape Comments were discussed. It was noted
that the plan needed to show the new right-of-way and the parking spaces
needed to be moved back to provide adequate space from the street and to
provide the required street buffer. The applicant was instructed to contact
Pulaski County Planning.
The applicant was instructed to respond to staff issues by April 13, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of a commercial
day care center on this R-2 zoned, 2.1± acre tract. The property is located
outside of the city limits but within the City’s extraterritorial jurisdiction. The site
is located 4.2± miles west of I-430 and 3.4± miles west of the city limits.
Surrounding uses and zoning are varied.
The property is not covered by a valid bill of assurance. The proposed 60 feet X
80 feet building will be one-story in height and constructed of colored metal with
a colored metal, 3 X 12 pitched roof with matching gutters and downspouts. A
single ground-mounted sign is proposed. The sign will be 6 feet tall and 32
square feet in area. There will be no building signage. The building will be
located 150 feet from the front property line. Other setbacks are 30 feet and 90
feet on the sides and 200± feet on the rear. Days and hours of operation are
proposed as Monday through Friday, 6:00 a.m. to 6:00 p.m. The day care will
employ approximately 11 persons and will accommodate an enrollment of up to
110 children. The dumpster will be located east of the building and will be
properly screened. The playground area, behind the building, will be enclosed
by a 6 foot tall chain-link fence. The property will have two driveways onto
Lawson Road. The driveways will provide for one way circulation on the site.
The driveways will be 20 to 25 feet wide, which will allow for passage and
stacking space. Fifteen (15) parking spaces will be located off of the driveways.
All drives and parking will be asphalt paved.
Health Department approval of a septic system has been provided. The local
volunteer Fire Department, which is located across the street, has approved the
plan. There is a fire hydrant on the street at this location.
The required right-of-way will be dedicated. The applicant is requesting a five (5)
year deferral of required street improvements. Staff is supportive.
The required 14 foot deep street buffer will be provided and the first parking
space off of the entry drive has been relocated to avoid interfering with access
April 28, 2005
ITEM NO.: 13 (Cont.) FILE NO.: Z-7818
5
off of Lawson Road. Screening will be provided along the east and west
perimeters, as required. No screening is needed along the north since the rear
portion of this site is wooded and will be left undisturbed.
On April 13, 2005, the applicant responded to issues raised at Subdivision
Committee and reflected in the analysis above. To staff’s knowledge, there are
no outstanding issues. The proposed use is compatible with uses and zoning in
the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda Staff Report.
2. The rear portion of the site, beyond the playground area, is to remain wooded
and undisturbed to provide screening.
3. The proposed ground sign must be located no less than five (5) feet behind
the new front property line; after the required right-of-way dedication.
4. The dumpster must be screened to comply with the Code.
5. All site lighting must be shielded downward and into the site so as to prevent
light spilling onto the adjacent properties.
6. There is to be no parking on the street; no drop-off or pick-up of children in
the public right-of-way.
Staff recommends approval of a deferral of required street improvements for five
(5) years or until adjacent development; whichever occurs first.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicant was present. There was one (1) objector present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above, including the deferral
of street improvements.
Chairman Rahman asked the objector to speak first. Troy Laha stated he had
submitted a card of opposition in order to establish standing to appeal the item to
the Board of Directors. Mr. Laha stated it was his goal to make a point to the
City Board that this was the type of location that was appropriate for a day care
center.
April 28, 2005
ITEM NO.: 13 (Cont.) FILE NO.: Z-7818
6
There was no further discussion.
A motion was made to approve the application, including all staff comments and
recommendations. The motion was approved by a vote of 10 ayes, 0 noes and
1 absent.
April 28, 2005
ITEM NO.: 15 FILE NO.: Z-7823
NAME: Little Rock National Airport
Digital Airport Radar – Conditional Use Permit
LOCATION: 5100 East Roosevelt Road
OWNER/APPLICANT: Little Rock Airport Commission/Mark Stodola
PROPOSAL: A conditional use permit is requested to allow for
construction of an airport radar facility on this R-2
zoned property.
1. SITE LOCATION:
The property is located on the north side of East Roosevelt Road, east of
Fourche Dam Pike.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area that is transitioning from residential to
airport-related activities. These lots are in an area where the homes were
destroyed by a tornado. Single family homes are located to the east,
along East Roosevelt Road. The properties to the north, south and west
are owned by the airport or airport related entities. This entire area is
shown on the airport master plan and the City’s East of I-30 Land Use
Plan for airport use and expansion. The proposed radar facility is
compatible with the adopted plan and will, eventually, be compatible with
all uses in the area.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and The Hermitage and East Little
Rock Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
A single access drive is proposed off of East Roosevelt Road for service
vehicles. No other parking is needed.
4. SCREENING AND BUFFERS:
No Comments.
April 28, 2005
ITEM NO.: 15 (Cont.) FILE NO.: Z-7823
2
5. PUBLIC WORKS COMMENTS:
1. East Roosevelt Road at this location is classified on the Master Street
Plan as a collector street. Other adjacent streets have 50’ right-of-way
widths. The existing right-of-way is adequate.
2. All driveways shall be concrete aprons per City Ordinance.
3. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in
addition to normal charges. This fee will apply to all meter connections
including any metered connections off the private fire system.
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: No Comments received.
County Planning: No Comments.
CATA: This site is located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005)
The applicants were present. Staff presented the item and noted additional
information was needed on the proposed structure. Staff commented that the
driveway needed to be paved and any site lighting needed to be shielded
April 28, 2005
ITEM NO.: 15 (Cont.) FILE NO.: Z-7823
3
downward and into the site. Staff asked that a cover letter be provided and that
information be provided on the testing schedule for the generator. Staff also
noted that the bill of assurance seemed to prohibit the use.
Public Works, Utility and Landscape Comments were noted.
There was a general discussion of the nature of and need for the facility. Staff
asked that these comments be included in the cover letter.
The applicants were instructed to reply to staff issues no later than April 13,
2005. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The Little Rock Municipal Airport Commission is requesting a Conditional Use
Permit for Lots 75, 76, 77, 78, and 79, and Lots 91, 92, 93, 94, 95, and 96 of the
Rose Meadows Subdivision – Phase II. This property is located on the north
side of East Roosevelt Road, East of Talisman Race, South of Rose Meadow
Lane, and West of Rose Meadow Place and is currently zoned R-2, Single
Family.
The conditional use requested is for the installation of a communication receiving
and transmitting facility to support a Digital Airport Radar system for the Federal
Aviation Administration’s Air Traffic Control Tower at Little Rock National Airport.
This facility will consist of a 200 foot by 200 foot crushed stone covered site that
includes an 87 foot tall steel tower, concrete masonry unit equipment building
with standing seam metal roof, precast engine generator shelter, and associated
foundations, walkways, equipment, and security fencing required to support the
installation as shown on the enclosed site plan.
This Digital Airport Radar system is a new, state-of-the-art system that will
replace the current analog system. It will more accurately detect aircraft and
weather conditions within an approximate radius of sixty (60) nautical miles of
Little Rock, Arkansas. The system will improve reliability, provide additional
weather data, reduce maintenance cost, improve performance and provide
digital data to new digital automation systems for presentation on air traffic
controller displays. The addition of this new equipment will bring Little Rock Air
Traffic Control up to a state-of-the-art facility and will greatly compliment new
equipment being installed at the present time.
The Little Rock Terminal Radar Approach Control Facility currently provides
service to 750 to 1200 operations per day. These include arrival to and
departures from the Little Rock National Airport and various public and private
airports within the approach control airspace responsibility. These locations
April 28, 2005
ITEM NO.: 15 (Cont.) FILE NO.: Z-7823
4
include such airfields as North Little Rock, Conway, Searcy, Saline County,
Stuttgart, Pine Bluff and the Little Rock Air Force Base.
On April 13, 2005, the applicant responded to issues raised at Subdivision
Committee. An elevation of the facility was provided. The driveway will be
paved with a concrete apron as required by City Ordinance. The site will be
enclosed by a seven (7) foot tall chain link fence topped by three (3) strands of
barbed wire; for an overall height of eight (8) feet. Site lighting will be directed
into the facility and away from the nearby residences. FAA approval will be
provided prior to the request for a building permit. The facility will be an FAA
facility. The generator used to supply emergency power to the facility will be
tested on a quarterly basis.
The 1963 bill of assurance does appear to still be valid and contains the
following statement:
“No lot shall be used except for residential purposes. No
buildings shall be erected, altered, placed or permitted to
remain on any lot other than for one single-family dwelling not to
exceed two and one-half stories in height and a private garage
for not more than two cars.”
The facility is to be located in area designated by the airport’s master plan and
the City’s East of I-30 Land Use Plan for airport use and expansion. The
residential properties to the east are also shown for future airport use, although
the Plan recognizes the existing residential uses.
Staff is supportive of the requested C.U.P. To staff’s knowledge, there are no
other outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Site lighting is to be directed into the facility and away from nearby
residences.
3. FAA approval must be provided prior to a request for a building permit.
Staff recommends approval of a variance to allow the DASR tower to be 87 feet
in height.
April 28, 2005
ITEM NO.: 15 (Cont.) FILE NO.: Z-7823
5
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The applicants were present. There were two (2) registered objectors present.
Commissioners Langlais and Williams recused. Staff presented the item and a
recommendation of approval subject to compliance with the conditions outlined
in the “Staff Recommendation” above. Chairman Rahman asked the objectors
to speak first.
Connie Farnham, owner of a nearby property, spoke in opposition. She stated
she did not live in the area. She voiced concern about screening the site,
generator noise and the use of barbed wire. She asked what it meant that the
bill of assurance did not permit the use.
Susan Baier, of 5204 East Roosevelt Road, voiced concerns about airplane
noise and generator noise.
Commissioner Meyer suggested that testing of the generator could be limited to
certain, appropriate hours.
Pat Sellars, of the Little Rock National Airport, discussed the Airport’s noise
mitigation process. He stated the generator was tested on a quarterly basis and
was used whenever a storm was in the area so there would be no loss of power.
He committed to testing the generator in the middle of the day. Mr. Sellars
stated this site was the best site; the only site that would give air traffic control
the best view. He stated landscaping would be installed around the base of the
site but the airport could not do a wood privacy fence for security reasons.
In discussing the bill of assurance issue, Commissioner Rector asked how many
lots the airport owned. Earl Mott, of Garver Engineers, responded that the
airport owned about 40 of the 90± lots in the subdivision. He stated the Airport
would acquire more lots in the future.
Commissioner Rector asked about noise mitigation and a sound study. Pat
Sellars responded that the timing of the next sound study depended on funding
from the FAA.
In response to a question from Commissioner Floyd, Pat Sellars and Howard
Lewis, of the FAA, described the sound study and the proposed antennae array.
In the ensuing discussion of screening, Mr. Sellars again committed to installing
landscaping around the base of the site.
Commissioner Rector commented on the high quality of landscaping at the
airport suggested that the landscaping around the base of the radar site be of
the same quality. Mr. Sellars agreed.
Connie Farnham reiterated her concern about the airport not always following
through on its commitments.
April 28, 2005
ITEM NO.: 15 (Cont.) FILE NO.: Z-7823
6
A motion was made approve the C.U.P.; including all staff comments and
conditions, with the requirement of landscaping around the perimeter of the site.
The motion was approved by a vote of 7 ayes, 0 noes, 1 absent, 2 recusing
(Langlais, Williams) and 1 abstaining (Adcock).
April 28, 2005
ITEM NO.: 16 FILE NO.: 303
NAME: Rock Haven Annexation
REQUEST: Accept 5.99 acres plus or minus to the City
LOCATION: Along Kirby Road north of Kanis Road
SOURCE: Roy Stephens, Rock Haven Properties
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
October 26, 2004.
• The area requested for consideration is vacant, with only a few trees.
• There is one owner, Rock Haven Properties.
• The site is contiguous to the City of Little Rock on two sides.
• The annexation request is to obtain Sewer and other City Services.
• The area in question is one rectangular tract approximately 901 feet by
310 feet, along Kirby Road.
• No islands would be created by this annexation.
• Currently the property is zoned Planned Residential Development (PRD)
and Single Family (R-2).
• The property owner has indicated they intend to develop 22 homes on the
4.25 acres tract and develop 1.74 acres as non-residential.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department indicated they have no concerns or
issues at the annexation of this site.
Fire Station 20 located on Oak Meadow Drive just west of Markham Street
is less than half a mile to the north from the site. This station has only a
pumper truck. The closest ladder truck would be at the Chenal Drive
Station or Kanis Road Station (near John Barrow Road). Both of these
stations are over 3 miles from the annexation area.
Police: The Little Rock Police Department indicated they have no issues or
concerns with the proposed annexation.
This area would become part of patrol district 71, which is currently just
over 7 square miles in size. The east side of Kirby Road is part of this
district now, so a car already has to travel by the annexation area to
April 28, 2005
ITEM NO.: 16 (Cont.) FILE NO. 303
2
service areas inside the City. Since the area is not yet developed, initially
only normal patrol would be need.
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
There are no Bus routes within a mile of this location. Route 5, West
Markham, is the closest Route to the site at Markham and Chenal
Parkway through the Wal-Mart site (Bowman Road and Chenal Parkway).
Route 3, Baptist Medical Center, is the next closest Route at Shackelford
West and Executive Center Drive.
Parks and Recreation: The Parks Department has indicated that streams and
drainage ways must be protected from yard and paved surfaces runoff.
They suggest a 50-foot buffer.
The Little Rock Plans and Recreation Plan of 2001 shows this area is
within 8-blocks of an existing city park/open space or private recreation
provider. The area is at the edge of the zone meeting the 8-block
strategy.
Public Works: The Public Works Department as indicated they have no
concerns or issues about the annexation of this property.
Kirby Road was brought into the City via Ordinance 14302 in 1982. Thus
this annexation will add no new streets to the City for maintenance. The
developer will have to make half street improvements to Kirby Road at the
time of their development. All roadways proposed in the development are
to be private drives and not the responsibility of the City of Little Rock for
maintenance. Thus this annexation will have no impact on the amount of
roadway under City maintenance.
Utilities:
Central Arkansas Water: No Comments Received.
There is an existing 12-inch water main along the Kirby Road frontage of
this annexation area.
Entergy: No Comment Received.
There are existing electric lines on the east side of Kirby Road along the
length of this annexation area.
Reliant-Energy: No Comment Received.
Southwestern Bell: Southwestern Bell indicated they have no issues or
concerns with the annexation of this site.
April 28, 2005
ITEM NO.: 16 (Cont.) FILE NO. 303
3
Wastewater Utility: The Little Rock Wastewater has no objections to the
annexation. They however wish to note that the site will have to be sewer
by gravity, no pump stations will be allowed. Further the developer will
have to extend service to their site.
There are no sewer lines in the area. The Wastewater Utility is planning
an ‘unsewered area’ project within the next three years which would bring
sewer close (Kanis and Kirby Roads) to this annexation area. Sewer
service will have to come to this area from the south due to the
topography of the vicinity.
Schools:
Little Rock: The Little Rock School District has indicated they have no concerns
or issues with the annexation of this site.
The annexation is not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is within the Baker Elementary, Joe T Robinson
Middle School and Joe T Robinson High School attendance areas of the
Pulaski county Special School District.
ANALYSIS:
This site is within the City of Little Rock Planning Jurisdiction. It is contiguous on
two sides (the north and east). The City currently exercises both subdivision and
zoning jurisdiction over this land. The northern four and quarter acres are zoned
Planned Residential Development (PRD) for a proposed 22 home zero-lot line
development. The southern one and three quarters acres is zoned R2, single
family. The PRD approval was conditioned on annexation. The southern
acreage, though zoned residential now, is intended for future non-residential
development by the owner.
The land general falls from northeast to southwest, with a small tributary of
Panther Creek lying along the west edge of the annexation area. At the highest
point the site is 464 feet and falls to around 438 feet, a drop of almost 30 feet
over a distance of 900 feet. The headwaters of a tributary of Panther Creek
flows along (either side of) the west boundary of this annexation area. The Little
Rock Parks Department has recommended that a buffer be included to protect
the drainage way. This drainage way enters the site about midway along the
west boundary and via the approved PRD will be piped to a retention/detention
site before leaving the site along its current course on the south boundary of the
annexation area.
April 28, 2005
ITEM NO.: 16 (Cont.) FILE NO. 303
4
This property is near areas experiencing significant development pressure, both
residential and non-residential. It is along a designated Collector street on the
City Master Street Plan and is near a designated Minor Arterial (Kanis Road).
The Collector Street Kirby Road is the adjacent and already part of the City as a
result of an annexation in 1982. With this development, street improvements will
be made to Kirby Road to meet Master Street Plan requirements.
While sewer is not currently available at this site, the Wastewater Utility as part
of the ‘unsewered’ areas plan will be bringing sewer to this general area in the
next few years. However the developer of this project will at their cost have to
provide sewer service to the site. Other utilities are available in the area of the
proposed annexation. Note extensions of service if needed will be done at the
cost of the developer.
Police patrols already travel the road along this annexation area to provide
service to properties inside the City along the east side of Kirby Road. A fire
station exists just over the hill to the north, less than half a mile from this
annexation area. The properties across the street already have this service.
Over the last several years development of residential subdivisions has
increased to the south, southwest, far north and northwest. The areas to the
immediate north and east have generally developed with homes and churches.
With the imminent availability of sewer in the general vicinity, increased
development pressure is likely for this area. The area requesting annexation is
within the natural growth and a logical extension of the City of Little Rock.
Staff Recommendation:
Approval
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The item was placed on the consent agenda for approval. By a vote of 10 for,
0 against and 1 absent the item was approved.
April 28, 2005
ITEM NO.: 17 FILE NO.: 304
NAME: Meuwly Annexation
REQUEST: Accept 19.33 acres plus or minus to the City
LOCATION: Along Cantrell Road, east of Chenal Parkway
SOURCE: Mark Rickett, Highway 10 Real Estate LLC
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
March 10, 2005.
• The area requested for consideration is vacant, with only a few trees.
• There is one owner, Highway 10 Real Estate LLC.
• The site is contiguous to the City of Little Rock on portions of all four
sides.
• The annexation request is to obtain Sewer and other City Services.
• The area in question is one rectangular tract approximately 660 feet by
1280 feet, along Cantrell Road.
• No islands would be created by this annexation.
• Currently the property is zoned Single Family (R-2) with a Conditional Use
Permit.
• The property owner has indicated they intend to develop a private high
school on two-thirds of the property, no development plans have been
provided for the other third.
AGENCY COMMENTS:
Public Safety:
Fire: No Comment Received.
The closest fire station is Station 19 on Chenal Drive. This station is
almost 4 miles from the annexation area. The City has acquired a site for
a Station 23 that is less than half a mile from this annexation area.
Police: The Little Rock Police Department indicated they have no concerns or
issues with the proposed annexation.
This area would be added to Patrol District 72, which surrounds this site.
Currently when patrolling this district a car would have to pass by the
annexation site.
April 28, 2005
ITEM NO.: 17 (Cont.) FILE NO. 304
2
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
There is no regular bus service in the area. The closest bus route would
be Route 8 (Rodney Parham), which at its closest point is at Rodney
Parham Road and Green Mountain Road. This is over three miles from
the proposed annexation.
Parks and Recreation: The Parks Department has indicated they have no issues
or concerns about the annexation of this property.
The Little Rock Master Parks Plan of 2001 shows this site as part of a
deficiency area. However since the development of the Plan, an outdoor
recreation area has been created next to the site requesting annexation.
Thus the site is with 8-blocks of a private outdoor or recreational facility
and now meets the 8-block principle.
Public Works: The Public Works Department has indicated they have no issues
or concerns about the annexation of this property.
The only existing road that would be annexed is a state highway, which
has already been widened to five lanes. Therefore, the City should incur
no additional maintenance costs for roads due to this annexation.
Utilities:
Central Arkansas Water: Central Arkansas Water indicates they have no
objections. They further note that developers will be responsible for main
extensions and sizing as well as providing additional fire protection
facilities.
There is an existing 16-inch water main along the Highway 10 frontage of
this annexation.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: The Little Rock Wastewater Utility has indicated they have
no objections to the annexation. They have noted a sewer main will have
to be constructed at the cost of the developer to service this property.
There is an existing sewer line across Highway 10 from this annexation
site.
April 28, 2005
ITEM NO.: 17 (Cont.) FILE NO. 304
3
Schools:
Little Rock: The Little Rock School District has indicated they have no concerns
or issues with the annexation of this site.
The annexation is not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is within the Joe T. Robinson Elementary, Joe T.
Robinson Middle School and Joe T. Robinson High School attendance
areas of the Pulaski County Special School District.
ANALYSIS:
This site is within the City of Little Rock Planning Jurisdiction. It is contiguous on
parts of all four sides. The City currently exercises both subdivision and zoning
jurisdiction over this land. The property is currently zoned ‘R2’ -- Single Family
with an approved Conditional Use Permit for a private high school on the
northern two-thirds of the site. The site is part of an ‘island’ between Chenal
Parkway and Patrick Country Road. This action would partially close (reduce the
size) the existing ‘island’.
The site is partially wooded. The high point is in the northwest corner at an
elevation of 328 feet. This falls to a low of around 306 feet on the east boundary
about a third of the way up from Highway 10. This low area is the beginning of a
drainage way that flows east and then north into the Little Maumelle River.
Utilities do exist adjacent to or in the vicinity of the area requesting annexation.
At the time of development the developer will have to make any utility extensions
or improvements necessary to support their development.
Over the last five years there has been significant development in the area –
east, west, and south of this site. A private school has been developed to the
immediate east. This school has plans for expansion on to land north of the
annexation area as well as in to the area. Across Cantrell Road a new church
has been built and a new Supercenter Wal-Mart has been built to the southwest.
Further to the west and southwest several single-family subdivisions have been
constructed.
The adjacent road is a state highway and improved; therefore, the inclusion of
this road segment into the City should not result in any maintenance costs to the
City. The private school to the east of the annexation area intends to use most
or all of the annexation area for future expansions of their facilities. They require
sewer service to make these additions to their campus and therefore are asking
for annexation.
April 28, 2005
ITEM NO.: 17 (Cont.) FILE NO. 304
4
The City has discussed using its ‘island’ annexation authority to close the ‘island’
of which this site is a part and may well do so in the next few years. The site is
within the natural growth and is a logical addition to the City of Little Rock.
Staff Recommendation:
Approval
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
The item was placed on the consent agenda for approval. By a vote of 10 for,
0 against and 1 absent the item was approved.
April 28, 2005
ITEM NO.: 18 FILE NO.: Z-3173-E
NAME: Sage Meadows Revised Long-form PD-R Revocation
LOCATION: On the West side of John Barrow Road, South of Tanya Drive
DEVELOPER:
WTH Development
8503 Asher Avenue
Little Rock, AR 72204
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 21 Acres NUMBER OF LOTS: 56 FT. NEW STREET: 2910 L.F.
CURRENT ZONING: PD-R
ALLOWED USES: Single-family residential at 2.66 units per acre – 56 units
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The applicant previously proposed to construct 34 buildings of multi-family housing on a
25.57 acre property located on the west side of John Barrow Road, just south of Tanya
Drive. The site was zoned MF-12 (Multi-family Residential – 12 units per gross acre).
The west 110 feet of the property ownership was left as R-2 zoning, when the
remainder of the property was zoned, to serve as a buffer between this site and the
single-family property to the west. The density proposed was under the twelve units per
gross acre as allowed by the City’s Zoning Ordinance. The request was to be heard by
the Planning Commission at their January 21, 1999, Public Hearing but was withdrawn
by the applicant prior to the Public Hearing.
April 28, 2005
SUBDIVISION
ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E
2
On May 3, 1994, the Little Rock Planning Commission approved a Conditional Use
Permit to allow Four Oaks Living Center to locate on the northeast portion of the site.
The facility was to be constructed with a 140 bed facility and is held under a separate
ownership. This facility has been constructed.
Ordinance No. 19,088 adopted by the Little Rock Board of Directors on May 6, 2004,
rezoned the site from MF-12 to PD-R to allow the development of a single-family
subdivision. The applicant proposed to develop a 34-acre site as a two-part
development. The site was zoned MF-12 which allowed for the development of multi-
family housing at a density of 12-units per acre. The applicant indicated a desire to
develop 20.64 acres as a Planned Residential Development for single-family homes
and the remaining 13.16 acres as a multiple building multi-family residential
development (S-1229-A). The applicant indicated the development of the PRD portion
of the site with 56 units of single-family homes.
The overall development plan included a clubhouse, two lakes and two playground
recreational spaces. The development also contained a series of pedestrian trails
connecting the multi-family and the single-family development. The clubhouse and pool
would be developed as a part of a property owners association through the Planned
Residential Development allowing both the single-family homes and the multi-family
residents access to the facilities.
A. PROPOSAL/REQUEST:
The applicant submitted a request dated February 8, 2005, requesting the
current PD-R zoning be revoked and the previous MF-12 district zoning
classification be restored. The applicant has indicated the proposed single-
family development will not be constructed on the site as proposed. According
to the applicant the cost estimates for the single-family portion of the PD-R
indicate that the project is not financially feasible. The applicant’s cover letter
states the developer would “break even” at best with a tremendous amount of
financial exposure.
This item was to be heard by the Little Rock Planning Commission at their March
3, 2005, Public Hearing but was withdrawn by staff prior to the public hearing.
According to the ordinance (Section 36-454(d)) a request for revocation prior to
the expiration date of the approved PD or PUD the applicant is to submit a letter
to the City Clerk at any time up to three years after the date of the adoption of
the ordinance creating the PUD or PD. This request is to be addressed to the
Mayor and Board of Directors. After receipt the request shall be set for a public
hearing at the earliest possible time to expedite the required action by the Board
of Directors.
April 28, 2005
SUBDIVISION
ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E
3
The Little Rock Board of Directors has set the date of Public Hearing for
May 17, 2005, but is requesting a recommendation from the Commission on the
request for revocation.
B. EXISTING CONDITIONS:
The site is vacant and tree covered sloping from the north and south to the
center of the site. There is a developed nursing home located at the northeast
corner of the site. Park View High School is located to the northeast of the site
and single-family homes are located to the southeast. To the south of the site is
an area zoned MF-24 with a welding shop and a separate building containing a
contractor’s office. Single-family homes are located along West 29th Street to
the south of the site. To the west of the site are also single-family homes in the
Twin Lakes/Campus Place Neighborhood.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several phone calls in opposition of the
proposed use from area residents. All residents who could be identified located
within 300-feet of the site, the John Barrow Neighborhood Association, the
Campus Place Property Owners Association, the Twin Lakes “B” Property
Owners Association, Twin Lakes B Special Improvement District and all owners
of property located within 200-feet of the site were notified of the public hearing.
D. STAFF RECOMMENDATION:
Staff recommends approval of the request for the revocation of the current PRD
zoning classification and the restoration of the zoning classification to MF-12.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Mr. Joe White was present representing the applicant. There were registered objectors
present. Staff presented the item with a recommendation of approval of the revocation
request. Staff stated the property was zoned MF-12 on January 3, 1978. Staff stated
the rezoning was for a 40-acre tract lying on the west side of John Barrow Road, just
south of Tanya Drive. Staff stated the site had been considered for development on
three occasions in the past. Staff noted a site plan review request was filed to develop
the site with multi-family in January of 1999 but was withdrawn prior to the public
hearing and a Conditional Use Permit was considered by the Commission at their May
3, 1994 public hearing to allow a nursing home facility to be constructed on a portion of
the site.
April 28, 2005
SUBDIVISION
ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E
4
Staff stated the adoption of Ordinance No. 19,088 rezoned a portion of the site from
MF-12 to PD-R to allow the construction of 56 single-family homes. Staff stated the
remainder of the site was reviewed for a multiple building site plan review to allow the
development of 128 apartment units. Staff stated the PD-R zoning included the
proposed clubhouse and pool facility, which was to be shared by both the apartments
and single-family residences.
Staff stated the applicant filed a request for revocation of the PD-R zoning classification
on February 8, 2005. Staff stated the applicant had indicated the development was not
economically feasible and indicated the single-family portion was no longer planned for
the site. Staff stated this request was to be heard by the Commission at their March 3,
2005. Public Hearing but was withdrawn from consideration at the advise of the City
Attorney’s office. Staff stated the Zoning Ordinance clearly defines procedures for a
revocation request when the existing zoning has not expired. Staff stated these request
are to be hear by the Board of Directors. Staff stated the Board had scheduled a public
hearing for the revocation request but was requesting input from the Commission and a
recommendation from the Commission on the revocation request.
Staff stated they utilized the applicant’s 200-foot notification listing to notify area
residents of the Commission’s public hearing on the item. Staff also noted the
applicant would notify the same residents by Certified Mail of the Board’s public hearing
date which was May 17, 2005. Staff indicated they were supportive of the revocation
request.
Mr. Joe White of White-Daters and Associates addressed the Commission representing
the request. He stated the cost estimates for development of the site did not allow for
single-family development. He stated at best the applicant would break even on the lot
development cost if the single-family lots were constructed. He stated the applicant
could move forward with the development of the Phase I portion of the apartments,
without construction of the clubhouse, and later request a revocation of the single-
family portion of the development. He stated the developers wanted to act in good faith
and let the neighborhood know upfront of the intent of the overall development plan.
The Commission questioned the lot development cost of the single-family development.
Mr. White stated the lot development cost were in the mid-$20’s.
Ms. Carolyn Heitman addressed the Commission on behalf of the John Barrow
Neighborhood Association. She stated the neighborhood had met with the developers
and strongly voiced their concerns and opposition to multi-family development. She
stated the neighborhood had voiced opposition to apartment development in 2004 and
they were still opposed to apartment development. She stated the area did not need an
additional 300 apartment units. She stated the proposal varied dramatically from the
plan the neighborhood had previously supported. She questioned why the green space
where the clubhouse was previously being proposed was being left. She stated if the
April 28, 2005
SUBDIVISION
ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E
5
clubhouse was constructed then the requirement to develop the single-family would be
“kick-in”. She stated the neighborhood had requested the developer to consider
assisted living. She stated the developer had not gotten back with the neighborhood to
indicate if an assisted living facility would work.
Ms. Heitman stated the neighborhood had four 100 percent subsided apartment
developments, two Section-8 apartment developments, two 100 percent market rate
apartment development and two 80 percent market rate apartment developments. She
stated the neighborhood was not opposed to development. She stated on the current
agenda the neighborhood had supported a rezoning for Our Way a multi-family
development. She also stated the area was seeing new single-family homes being
constructed. She stated new homes were being constructed on Ludwig and Foster
Streets. She also stated developers had met with the neighborhood at their previous
association meeting to gain support of a new single-family subdivision containing 200
plus new homes. She questioned why other developers could make single-family home
construction work and the developers of this site had indicated single-family would not
work in the area.
A motion was made to approve the revocation request. The motion carried by a vote of
8 ayes, 2 noes and 1 absent.