pc_06 17 2004
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JUNE 17, 2004
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Pam Adcock
Gary Langlais
Norm Floyd
Mizan Rahman
Fred Allen, Jr.
Darrin Williams
Bill Rector
Bob Lowry
Robert Stebbins
Chauncey Taylor
Members Absent: Jerry Meyer
City Attorney: Cindy Dawson
III. Approval of the Minutes of the May 6, 2004 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JUNE 17, 2004
4:00 P.M.
I. DEFERRED ITEMS:
A. Z-7620 Bubar Family Care Facility – Special Use Permit
3712 High Drive
B. LU04-19-02 A Land Use Plan Amendment in the Chenal Planning District on
the southeast and southwest corners of Chalamont and Cantrell
Road from Single Family to Commercial.
C. Z-7623 Rezoning from R-2 to C-3
Southeast and Southwest corners of Cantrell Road and
Chalamont Drive
D. Z-7593 Rezoning from O-3 to O-2
West side of S. Shackleford Road, approximately 400 feet south
of Hermitage Road
E. Z-7593-A Sleep Inn – Conditional Use Permit
800 Block of S. Shackleford Road
F. Z-7622 Rezoning from R-2 to C-3
15617 Chenal Parkway
G. LU04-11-02 A Land Use Plan Amendment in the I-430 Planning District on the
north side of West 36th Street west of I-430 from Mixed Use to
Mixed Office Commercial.
H. Z-7625 Rezoning from R-2 to O-3
11524 West 36th Street
I. Z-7627 Woodlands Edge Subdivision Recreational Facility
Woodlands Trail Drive
J. Z-7631 Graham Temple C.O.G.I.C. Family Life Center –
Conditional Use Permit
4307 Frazier Pike
K. S-1431 Busselle Addition Preliminary Plat, located at 3606 Rock Lane
Agenda, Page Two
II. NEW ITEMS:
1. S-1435 Bentley Court Subdivision – Preliminary Plat
West side of Stagecoach Road, approximately ¼ mile north of
Otter Creek Parkway.
2. Z-7647 Boyd Day Care Family Home – Special Use Permit
3809 Pine Cone Drive
3. Z-5966-C Rezoning from R-2 to O-2
900 Barrow Road
4. Z-6418-A YMCA PCD Revocation and Rezoning to UU
NW corner of 6th and Broadway
5. Z-6519-A River City Gymnastics – Conditional Use Permit
5310 S. Shackleford Road
6. Z-7646 Cubby Hole Storage Facility – Conditional Use Permit
8001 Geyer Springs Road
7. Z-7648 Touched By God’s Angels Child Care Center –
Conditional Use Permit
519 East 20th Street
8. Z-7649 Facen Day Care Center – Conditional Use Permit
3007 S. Cross Street
9. Z-7650 Antiques Plus Upholstery – Conditional Use Permit
8925 Gardner Road D2
10. Ordinance Amending Section 36-556.(b) to add Stagecoach Road and a portion
of Colonel Glenn Road to the list of Scenic Corridors.
11. Ordinance Amending Section 36-513. providing for procedures and regulations
regarding the parking of motor vehicles on residential properties.
12. MSP04-02 A Master Street Plan Amendment in the vicinity of Kanis Road and
Chenal Parkway.
13. “George Island” Annexation, north side of Highway 10 East of Chenal Parkway
closing an island.
Agenda, Page Three
II. NEW ITEMS: (CONT.)
14. Granite Mountain – Audubon Overlay, a Design Overlay District for State
Highway 365 from Roosevelt Road south and east to city limits.
14.1. LU04-07-01 Land Use Plan change from Service Trades District and Light
Industrial to Mixed Use south of Roosevelt Road along Confederate Blvd.
14.2. MSP04-03 Master Street Plan Amendment changing the design standards for
Springer Avenue from approximately 38th Street south and east to
city limits.
June 17, 2004
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.
June 17, 2004
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.
June 17, 2004
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.
June 17, 2004
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.
June 17, 2004
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.
June 17, 2004
ITEM NO.: B FILE NO.: LU04-19-02
Name: Land Use Plan Amendment - Chenal Planning District
Location: Southeast and Southwest corner of Cantrell Rd. and Chalamont Dr.
Request: Single Family to Commercial
Source: Brian Dale, White - Daters & Associates, Inc.
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Single Family to
Commercial. The Commercial category includes a broad range of retail and
wholesales 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 wishes to develop the property for
commercial uses.
Staff is not expanding the application since there is undeveloped land shown as
Commercial located along Cantrell Road at the Chenal Parkway intersections
and at the Ferndale Cutoff Road intersection.
EXISTING LAND USE AND ZONING:
The applicant’s property consists of two pieces of vacant land along the south
side of Cantrell Road at Chalamont Drive currently zoned R-2 Single Family with
3.8 acres ± east of Chalamont, and 5.7 acres ± west of Chalamont for a total
area of about 9.5 acres ± in size. All of the surrounding property is zoned R-2. A
vacant non-conforming car repair garage sits on the north side of the Cantrell /
Chalamont intersection. The Robinson Elementary, Middle and High schools are
located to the east of the application area. The property to the west along
Cantrell Road consists of single-family housing built on large lots. Further to the
west of the application area a dirt hauling business occupies a Planned
Development - Industrial, which lies on both sides of Cantrell Road. The land to
the south of the study area is largely vacant. However, a subdivision of single-
family houses is in the process of developing and expanding towards the
applicant’s property along Chalamont Drive. This area was preliminary platted
on the October 15, 1998 planning commission agenda.
June 17, 2004
ITEM NO.: B (Cont.) FILE NO.: LU04-19-02
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On February 17, 2004, multiple changes were made from Single Family,
Multifamily, and Office to Office, Park Open / Space, Commercial, and
Multifamily along Chenal Parkway north of Cantrell Road starting about 1 mile
east of the applicant’s property to accommodate proposed development.
On December 2, 2003, a change was made from Low Density Residential to
Commercial on the southwest corner of Ferndale Cutoff and Highway 10 about 1
mile to the west for proposed commercial development.
On January 2, 2002, A change was made from Single Family to Commercial,
Suburban Office, and Park / Open Space near the Southeast corner of Chenal
Parkway and Cantrell Road starting a little over one mile east of the application
area to accommodate proposed development.
On March 6, 2001 a change was made from Single Family to Commercial in the
19,900 block of Highway 10 about 2/3 of a mile to the east of the amendment
area to accommodate proposed development.
The applicant’s property and all of the surrounding land is shown as Single
Family except for the Robinson schools, which are shown as Public Institutional.
MASTER STREET PLAN:
Cantrell Road is shown as a Principal Arterial on the Master Street Plan and built
as a rural two-lane road. At the area fronting the schools, Cantrell Road
provides an additional center turn lane. Chalamont Drive and Morgan Cemetery
Road are shown as Collector Streets. Chalamont Drive is built to Master Street
Plan standards. Morgan Cemetery Road is built as a rural road with open
drainage. A Class II Bikeway is shown on Cantrell Road from Ferndale Cutoff
Road to Chenonceau Boulevard. Class II Bikeways do not require any additional
Right of Way or paving and would be subject to any half street improvements
made by the applicant. The applicant may be responsible for half street
improvements along Cantrell Road.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 includes public school
facilities within the Eight-block strategy of providing park and open space
facilities within an eight-block walking distance of all City of Little Rock residents.
The Robinson schools, which are east of the application area, are included in the
plan’s Eight-block strategy. Additional park facilities may need to be developed
in the future to serve a broader group of citizens.
June 17, 2004
ITEM NO.: B (Cont.) FILE NO.: LU04-19-02
3
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The east boundary of this amendment area is located about 1 mile to the west of
the developing commercial node at the Chenal / Cantrell intersection. Cantrell
Road / Highway 10 has been planned utilizing commercial nodes that are distinct
and separate. Most of the Commercial nodes on Cantrell Road are located at
intersections with Principal and Minor Arterials. The applicant’s property is
located at an intersection with a Collector Street and a Principal Arterial. This
action would add a commercial node in an area that has been shown as Single
Family. The applicant has not shown a need to add Commercial to the plan in
an area where Commercial has not been shown before. Staff has concerns that
the length to depth ratio of the property in questions might result in strip
commercial development rather than node commercial development.
The potential for this area to develop as a Commercial node is limited by the
presence of the schools that are located immediately to the east. Conflicts can
arise between the intense uses of Commercial and schools. The location of the
applicant’s property near the schools may cause traffic conflicts from both the
loading and unloading of students and the commercial traffic throughout the day.
At this location, there are three schools, a high school, a middle school and an
elementary school. A change to Commercial may encourage developments that
generate large volumes of traffic originating from a large market area. Any
potential increase in traffic at this location may be incompatible with the
neighboring Public Institutional uses.
If Commercial was approved for this location, the close proximity of the two
collectors (Morgan Cemetery Road and Chalamont Drive) that intersect Cantrell
may encourage pressure for future non-residential development in the
amendment area. The location of a collector intersecting an arterial in itself does
not necessitate Commercial being shown on the land Use Plan.
The Commercial development that is occurring nearest the applicant’s property
is located about a mile to the east at the Chenal / Cantrell intersection. The
June 17, 2004
ITEM NO.: B (Cont.) FILE NO.: LU04-19-02
4
Chenal / Cantrell Commercial node contains land available for non-residential
development that is not yet developed to its full potential. About 110.5 + acres of
land shown as Commercial is located at the Chenal / Cantrell intersection with
about 30.2 + acres being developed and about 80.3 + acres remaining
undeveloped. The applicant’s property is also located to the east of the Cantrell
/ Ferndale Cutoff intersection. The 21.06 + acres of Commercial shown at the
Cantrell / Ferndale intersection is between a Principal Arterial and a Minor
Arterial. The applicant’s property is about halfway between the Chenal / Cantrell
Commercial node and the Cantrell / Ferndale Cutoff intersection. Some changes
have just occurred to the east at the Chenal Parkway and Highway 10 existing
Commercial node. The changes include adding additional Commercial areas to
areas of Commercial that are still vacant. With vacant Commercial land lying
both to the east and to the west in existing commercial nodes, it is difficult to
justify adding an additional commercial node.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Aberdeen Court
Property Owners Association, Bayonne Place Property Owners Association,
Carriage Creek Property Owners Association, Chenal Ridge Property, Du
Quesne Place P.O.A., Eagle Pointe Property Owners Association, Glen Eagles
Property Owners Association, Hillsborough Property Owners Association,
Hunters Cove Property Owners Association, Hunters Green Property Owners
Association, Johnson Ranch Neighborhood Association, Marlowe Manor
Property Owners Association, Maywood Manor Neighborhood Association, St
Charles Property Owners Association, Charleston Heights/North Rahling Rd
N.A., and Margeaux Place Property Owners Association. Staff has received no
comments from area residents at the time of writing.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. Staff believes that it is not
appropriate to create another commercial node along this stretch of Cantrell and
have concerns on commercial activities abutting the school property.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
The item was placed on the consent agenda for deferral to the June 17, 2004
Planning Commission meeting. A motion was made to wavier the by-laws for
a five-day notice to defer prior to the Planning Commission meeting. That
motion was made and approved with a vote of 11 ayes, 0 noes, and 0 absent.
A motion was made to approve the consent agenda and was approved with a
vote of 11 ayes, 0 noes and 0 absent.
June 17, 2004
ITEM NO.: B (Cont.) FILE NO.: LU04-19-02
5
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The item was placed on the consent agenda for deferral to the June 17, 2004
Planning Commission meeting. A motion was made to wavier the by-laws for a
five-day notice to defer prior to the Planning Commission meeting. That motion
was made and approved with a vote of 9 ayes, 0 noes, and 2 absent. A motion
was made to approve the consent agenda and was approved with a vote of
9 ayes, 0 noes, and 2 absent.
June 17, 2004
ITEM NO.: C FILE NO.: Z-7623
Owner: Deltic Timber Corporation
Applicant: White-Daters and Associates
Location: Southeast and southwest corners of Cantrell
Road and Chalamont Drive
Area: 11.77 Acres
Request: Rezone from R-2 to C-3 and OS
Purpose: Future Commercial Development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences on large lots and auto repair business
(across Cantrell Road); zoned R-2
South – Undeveloped property (approved residential preliminary plat);
zoned R-2
East – Joe T. Robinson High School; zoned R-2
West – Single family residences on large lots and commercial building;
zoned R-2 and PD-I
A. PUBLIC WORKS COMMENTS:
1. Highway 10 is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline at all
locations will be required. Note: According to map scale, the area
west of Chalamont is deficient. Boundary Street improvements are
required with future development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the DuQuesne Place
Neighborhood Associations were notified of the public hearing.
June 17, 2004
ITEM NO.: C (Cont.) FILE NO.: Z-7623
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family for this property. The applicant has applied for
C -3 General Commercial for commercial development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
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:
Deltic Timber Corporation, owner of the 11.77 acre property located at the
southeast and southwest corners of Cantrell Road and Chalamont Drive,
is requesting to rezone the property from “R-2” Single Family District to
“C-3” General Commercial District and “OS” Open Space District. The
rezoning is proposed for future commercial development of the property.
The property is currently undeveloped and wooded.
The general area along Cantrell Road contains a mixture of uses. There
is an auto repair business and single family homes across Cantrell Road
to the north, with Joe T. Robinson Elementary School located to the
northeast. Joe T. Robinson Junior and Senior High School campus is
located to the east. There are single family residences and a commercial
building to the west along Cantrell Road. There is undeveloped R-2
zoned property to the south. A preliminary plat has been approved for this
area to the south for phases of the Chalamont residential subdivision.
The applicant proposes to rezone 4.08 acres at the southeast corner of
Cantrell Road and Chalamont Drive from R-2 to C-3. The applicant is
proposing to zone a 50 foot wide strip (0.80 acre) along its south
boundary to OS. The applicant also proposes to rezone 5.73 acres at the
southwest corner of the intersection from R-2 to C-3, with a 50 foot wide
strip (1.16 acres) along its south boundary.
The City’s Future Land Use Plan designates the property as Single
Family. The applicant has filed a Land Use Plan Amendment for a
change to Commercial, which is a separate item on this agenda (Item 7.).
June 17, 2004
ITEM NO.: C (Cont.) FILE NO.: Z-7623
3
Staff does not support the requested C-3 zoning. Staff does not feel that
there is currently a need for additional commercial zoned property in this
general area. There is a large amount of undeveloped commercial zoned
property to the east, at the intersection of Cantrell Road and Chenal
Parkway, and to the west at the intersection of Cantrell Road and
Ferndale Cut-Off. Both of these intersections are arterial/arterial
intersections. The intersection of Cantrell Road and Chalamont Drive is
an arterial/collector intersection. The Highway 10 Plan establishes
commercial nodes at specific locations along the highway. This request
does not adhere to that plan. Staff feels that C-3 zoning for the properties
at the southeast and southwest corners of Cantrell Road and Chalamont
Drive is premature at this time. Staff feels that the applicant should
possibly look at other options for the property.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the June 17, 2004 agenda. Staff supported
the deferral request.
With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws
and accept the applicant’s request for deferral, being less than five (5) days prior
to the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the 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 applicant submitted a letter requesting
that the application be deferred to the July 29, 2004 agenda. Staff supported the
deferral request.
With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their
bylaws and accept the deferral request less than five (5) days prior to the public
hearing.
June 17, 2004
ITEM NO.: C (Cont.) FILE NO.: Z-7623
4
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.
June 17, 2004
ITEM NO.: D FILE NO.: Z-7593
Owner: K.D.V., Inc.
Applicant: D. Patel
Location: 800 Block of S. Shackleford Road (west side of
S. Shackleford Road, approximately 400 feet
south of Hermitage Road)
Area: 0.7425 acre
Request: Rezone from O-3 to O-2
Purpose: Hotel
Existing Use: Paved parking lot
SURROUNDING LAND USE AND ZONING
North – Bank and mixed office uses; zoned O-3 and C-3
South – Office and commercial developments; zoned O-3 and C-3
East – Office development (across Shackleford Road); zoned O-3
West – Mixture of office and commercial uses; including a restaurant;
zoned PCD and O-3
A. PUBLIC WORKS COMMENTS:
No comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. The site is near CATA Bus
Route 5 (West Markham Route), which runs a few blocks to the north.
C. PUBLIC NOTIFICATION:
All property owners located within 200 feet of the site, all residents within
300 feet who could be identified, and the Birchwood and John Barrow
Neighborhood Associations were notified of the public hearing.
June 17, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7593
2
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan
shows Office for this property. The applicant has applied for O-2 Office
and Institutional and a Conditional Use Permit for a hotel.
The request does not require a change to the Land Use Plan.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Birchwood –
Walnut Valley Neighborhood Action Plan. The Commercial
Redevelopment Goal calls for maintaining and reinvigorating existing retail
areas to provide active retail for local residents. This application would
provide lodging for out of town residents.
E. STAFF ANALYSIS:
K.D.V., Inc., owner of the 0.7425 acre property within the 800 Block of S.
Shackleford Road (west side of S. Shackleford Road, approximately 400
feet south of Hermitage Road), is requesting to rezone the property from
“O-3” General Office District to “O-2” Office and Institutional District. The
rezoning is proposed in order to develop a hotel on the property. A
conditional use permit has also been filed (Item 9.1 on this agenda) for
the proposed hotel development.
The property is occupied by a small paved parking lot within the southeast
portion of the site. There is a shared access drive (with Financial Centre
III development) from S. Shackleford Road, which runs along the south
property line.
The general area is occupied by a mixture of office and commercial uses.
Financial Centre III office development is located immediately south, with
a furniture store and hotel further to the south. There is a bank and
additional office developments to the north. A restaurant is located
immediately west, with small scale offices along Office Park Drive. A
large office development (Arkansas Farm Bureau) is located across S.
Shackleford Road to the east.
The City’s Future Land Use Plan designates this property as Office. The
requested O-2 zoning does not require a change to the Land Use Plan.
June 17, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7593
3
Staff is not supportive of the requested O-2 rezoning. Staff does not feel
that O-2 zoning is appropriate for this 0.7425 acre site, with 132 linear feet
of street frontage along S. Shackleford Road. Section 36-280(e)(2) of the
City’s Zoning Ordinance requires a minimum site area of two (2) acres for
O-2 zoning, with a minimum of 200 feet of frontage on at least one (1)
abutting boundary street. Additionally, the O-2 zoning district has
increased setbacks from side and rear property lines as compared to the
O-3 district. Given the small size of the property, staff feels that it will be
very difficult to develop without requesting variances. Therefore, staff
feels that the property should remain zoned O-3.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-2 rezoning.
PLANNING COMMISSION ACTION: (MARCH 25, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the May 6, 2004 agenda. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the May 6, 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: (MAY 6, 2004)
Staff informed the Commission that the application needed to be deferred to the
June 17, 2004 agenda based on the fact that the applicant failed to complete the
notification to surrounding property owners as required.
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.
June 17, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7593
4
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Staff informed the Commission that the applicant requested to defer the
application to the July 15, 2004 agenda. Staff noted that the applicant had
revised the application to a PD-C rezoning, which will appear as item Z-7593-B
on the July 15, 2004 agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 15, 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.
June 17, 2004
ITEM NO.: E FILE NO.: Z-7593-A
NAME: Sleep Inn – Conditional Use Permit
LOCATION: 800 Block of S. Shackleford Road; west side
OWNER/APPLICANT: David Patel
PROPOSAL: A conditional use permit is requested to allow for
development of a new hotel on this vacant, .74± acre
tract. The property is currently zoned O-3. A request
to rezone the site to O-2 is a separate item on this
agenda. (See Z-7593.)
1. SITE LOCATION:
The site is located on the west side of S. Shackleford Road, one lot south
of Hermitage Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area dominated by office uses and zoning. The
predominant use is larger, multi-story office buildings on larger tracts.
Other uses in the general vicinity include other hotels, a restaurant and a
furniture store. The I-430 right-of-way is located across Shackleford
Road, to the east. While staff believes the concept of developing the site
for a multistory building for a hotel with a relatively small number of rooms
is compatible with uses and zoning in the area, there are concerns about
“fitting” this specific development on this small site.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Birchwood and John
Barrow Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
A 58-room hotel is required to have 63 on-site parking spaces based on
one space per room plus an additional 10% for staff, etc. The applicant is
proposing 52 on-site parking spaces. The parking is accessed via two
driveways off of a 24-foot private driveway that serves this lot and other
properties to the south. The hotel will not have any meeting rooms,
restaurant or bar that might generate additional parking requirements.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
June 17, 2004
ITEM NO.: E (Cont.) FILE NO.: Z-7593-A
2
Area set aside for buffers and landscaping meet with ordinance
requirements.
5. PUBLIC WORKS COMMENTS:
1. Sidewalks with appropriate handicap ramps are required in
accordance with Sec. 31-175 of the Little Rock Code and the Master
Street Plan. Currently, sidewalks are constructed to both the north
and south of Financial Center 3.
2. Obtain permits prior to doing any work in the right-of-way. Contact
Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more
information.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required with easements if service is
required for project.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. On-site fire protection will be
required. 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. On-site fire protection will be
required. Contact the Little Rock Fire Department so that they can
evaluate this site to determine the location of the additional public
and/or private fire hydrant(s) required. Any additional water facilities
will be installed at the Developer’s expense. A contact with Central
Arkansas Water will be required. This development will have minor
impact on the existing water distribution system. Proposed water
facilities will be size to provide adequate pressure and fire protection.
Fire Department: Approved as submitted.
County Planning: No Comments.
June 17, 2004
ITEM NO.: E (Cont.) FILE NO.: Z-7593-A
3
CATA: The site is not on a CATA Bus Route. A route is located at
Financial Center Parkway and Shackleford Road, two blocks north of
this site.
SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004)
Patrick McGetrick was present on behalf of the applicant. Staff presented the
item and noted additional information was needed regarding signage, fencing,
site lighting and dumpster screening. It was noted that variances were needed
for the building height, building setback and reduced number of on-site parking
spaces. After a brief discussion, it was determined that the parking design did
comply with Code with the exception of a 3” variance in the depth requirement in
the area north of the proposed building. Staff noted that the plan complied with
the City’s Landscape and Buffer requirements. It was also noted that the plan
met the minimum requirements of those ordinances and there was no room for
error. Public Works Comments were noted, including the requirement to
construct a sidewalk along Shackleford Road. The City’s requirement that a
copy of the Bill of Assurance be submitted was also noted.
A Committee member suggested reducing the number of rooms by eliminating
one floor of the building. Mr. McGetrick responded that the development might
not work out if the number of rooms were reduced. He also stated the number of
on-site parking spaces met the hotel chain’s requirement.
Mr. McGetrick was advised to respond to staff issues by March 10, 2004. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The O-3 zoned, .74± acre tract located on the west side of the 800 Block of S.
Shackleford Road is currently occupied by an asphalt paved parking lot. The
parking lot provides overflow parking for adjacent offices. The lot is accessed via
a single driveway off of a 30-foot wide common drive easement off of
Shackleford Road.
The applicant is requesting approval of a conditional use permit to allow for the
development of a 5-story, 58-room hotel on the site. The building will have
25,173 square feet and be 65 feet in height. Fifty-two (52) parking spaces are
proposed around the hotel. Access to the site will be from two driveways off of
the common drive easement. An accompanying application has been filed to
rezone the site from O-3 to O-2; Z-7593. The proposed hotel will not have a
restaurant or meeting rooms. Signage is proposed to consist of a single ground-
June 17, 2004
ITEM NO.: E (Cont.) FILE NO.: Z-7593-A
4
mounted sign on the Shackleford Road frontage which will comply with
ordinance standards for office zones; 6 feet tall and 64 square feet in area. No
wall signage is proposed but staff would expect the building to have a sign on the
front (east) façade, again complying with Ordinance Standards; 10% coverage.
While staff recognizes that a hotel would be compatible with uses in the area, as
would a 5-story building; there are concerns that this specific proposal results in
overbuilding of the site.
The O-2 zoning district requires minimal setbacks of 25 feet on all sides. The
applicant has proposed a setback of 20 ft. 2-inches from the south property line
which is the centerline of the common access drive. The building will be located
9 ft. 2-inches from the curb of the access drive. O-2 has a building height limit
of 45 feet which may be increased incrementally as the setbacks are increased
beyond the minimums. The proposed building is to have a height of 65 feet
although the setback on the south side is less than the ordinance minimum. A
hotel with more than 20 rooms is required to have one parking space per
guestroom plus an additional 10 percent of the total for employees and
nonguests. This 58-room hotel should have a minimum of 63 parking spaces; 52
are proposed. The depth of the parking spaces and required maneuvering area
on the north side of the hotel are 3-inches less than the ordinance minimum,
even with allowing a 2-foot overhang to project into the landscape strip.
The required landscaping has been provided. The dumpster and screening have
been shown. There is no apparent bill of assurance issue. The 1916 bill of
assurance does not address use issues.
STAFF REPORT:
Staff recommends denial of the application.
STAFF RECOMMENDATION:
On March 15, 2004, the applicant submitted a request that the item be deferred.
Staff recommends that the item be deferred to the May 6, 2004 agenda.
PLANNING COMMISSION ACTION: (MARCH 25, 2004)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested that the item be deferred.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the May 6, 2004
agenda by a vote of 10 ayes, 0 noes and 1 absent.
June 17, 2004
ITEM NO.: E (Cont.) FILE NO.: Z-7593-A
5
PLANNING COMMISSION ACTION: (MAY 6, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and informed the Commission that the item needed to be deferred since
the required notices had not been sent. There was no further discussion.
The item was placed on the Consent Agenda and approved for deferral to the
June 17, 2004 agenda. The vote was 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
On June 2, 2004, the applicant submitted a request that this item be withdrawn.
The accompanying rezoning request will be amended to a PD-C and filed for the
July 15, 2004 Commission meeting.
STAFF RECOMMENDATION:
Staff recommends approval of the request to withdraw this item.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was not present. There were no objectors present. Staff informed
the Commission of the applicant’s request to withdraw the item. There was no
additional discussion.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: F FILE NO.: Z-7622
Owner: L. A. Kinnaman
Applicant: Christopher Barrier
Location: 15617 Chenal Parkway
Area: 5.673 Acres
Request: Rezone from R-2 to C-3
Purpose: Future Commercial Development
Existing Use: Vacant office building and storage yard
SURROUNDING LAND USE AND ZONING
North – Undeveloped property (across Chenal Parkway);
zoned C-2
South – Plant Nursery (across Kanis Road); zoned PCD
East – Undeveloped property; zoned O-2
West – One Source Home Center; zoned PCD
A. PUBLIC WORKS COMMENTS:
1. Chenal Parkway is classified on the Master Street Plan as a principal
arterial. At this location, right-of-way is adequate except where a
property pin extends to the shoulder. An additional 20’ is required at
this point, tapered back to other corners.
2. The Master Street Plan calls for a new leg of Kanis Road to be
constructed from Chenal Parkway south along the western boundary
of the property. The new street then turns east in a long radius to
meet the existing Kanis Road alignment at the Rock Creek Bridge.
Dedicate right-of-way for this street radius as shown in the 1998 Kanis
Road Concept Study.
3. Any future construction or development of the property would be
subject to Master Street Plan improvements.
June 17, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7622
2
4. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25-
foot wide access easement is required adjacent to the floodway
boundary.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Parkway Place and St.
Charles Neighborhood Associations were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Ellis Mountain Planning District. The Land
Use Plan shows Commercial and Park/Open Space for this property. The
applicant has applied for C-3 General Commercial for future commercial
development.
The request does not require a change to the Land Use Plan. If a future
commercial development of the property includes open display or outside
uses, the specifics of the site plan should be reviewed to assure the
compatibility of the proposed development with the surrounding uses.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Rock Creek
Neighborhood Action Plan. The Office and Commercial Development
goal seeks to maintain the residential integrity of the neighborhood with
the objective of adhering to the Future Land Use Plan and lists an action
statement of requiring developments in the neighborhood to adhere to the
Future Land Use Plan.
E. STAFF ANALYSIS:
L. A. Kinnamon, owner of the 5.673 acre property located at 15617
Chenal Parkway, is requesting to rezone the property from “R-2” Single
Family District to “C-3” General Commercial District. The rezoning is
proposed for future commercial development of the property.
June 17, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7622
3
The property currently contains a vacant office building and construction
yard, formerly occupied by Kinco Construction Company. There is an old
residential structure which is located within the south one-half of the
property. There is a paved access drive from Chenal Parkway, with
paved parking along the east side of the office building. There is also a
gravel access drive from Kanis Road, leading to the residential structure.
The general area contains a mixture of uses and zoning. The One Source
Home Center development is located immediately west, with undeveloped
C-3 zoned property and the Kroger PCD development further west. There
is undeveloped O-2 zoned property to the east, with single family
residences further east. Undeveloped C-2 zoned property is located
across Chenal Parkway to the north. A plant nursery, single family
residences on large lot and undeveloped R-2 zoned property is located to
the south across Kanis Road.
The City’s Future Land Use Plan designates this property as Commercial
and Park/Open Space (floodway area). The proposed C-3 zoning does
not require a change to the Land Use Plan.
A fairly large portion of the property (almost the entire east one-half of the
property) is located in the floodway for Rock Creek, as the creek runs
north/south through the property near the east property line. Staff
recommends that the area of the property within the floodway be zoned
“OS” Open Space. Additionally, the Public Works Department requires
that the floodway be dedicated as an easement, with a 25 foot wide
access easement adjacent to the floodway boundary.
Additionally, Public Works requires that right-of-way for a future leg of
Kanis Road be dedicated within the southwest portion of the property.
See the Public Works Comments (comment 2.) in paragraph A. of this
report for a description of the right-of-way to be dedicated.
Staff is supportive of the rezoning request. As noted previously, the
property is shown as commercial on the City’s Future Land Use Plan.
After the required floodway and right-of-way dedications, staff estimates
that approximately two (2) acres will remain as developable property.
Staff feels that a small retail-type commercial development at this location
will have no adverse impact on the surrounding properties or the general
area.
June 17, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7622
4
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 zoning, subject to the
following conditions.
1. The portion of the property located within the floodway must be zoned
“OS” Open Space.
2. Compliance with the Public Works requirements as noted in paragraph
A. of the staff report.
STAFF UPDATE:
On April 20, 2004, the applicant asked that this item be deferred to the June 17,
2004 Agenda. The applicant is working with the Public Works department on the
design of the new leg of Kanis Road which will run along the west property line.
The applicant has expressed interest in filing a Master Street Plan Amendment
for a different design, which would also be placed on the June 17, 2004 Agenda.
Staff supports the deferral request.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the June 17, 2004 agenda. Staff supported
the deferral request.
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)
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 Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was approved.
June 17, 2004
ITEM NO.: G FILE NO.: LU04-11-02
Name: Land Use Plan Amendment - I-430 Planning District
Location: 11524 W. 36th Street
Request: Mixed Use to Mixed Office Commercial
Source: Kenneth Davis, c/o McGetrick & McGetrick
PROPOSAL / REQUEST:
A Land Use Plan amendment located in the I-430 Planning District from Mixed
Use to Office. The Office category represents services provided directly to
consumers (e.g. legal, financial, medical) as well as general offices, which
support more basic economic activities. The applicant wishes to convert a
residential property into an office. On April 22, 2004, Staff received a letter to
modify the application for a change to Mixed Office Commercial.
Prompted by this Land Use Plan Amendment request, the Planning Staff
expanded the area of review to the neighboring house to the east. This
expansion will include all of the area on the north side of W. 36th Street west of I-
430 bounded on the east and west by the property owned by the Church at Rock
Creek.
EXISTING LAND USE AND ZONING:
The property is a house currently zoned R-2 Single Family and is located on a lot
of about 1.93 acres ± in size. The expanded area includes a house on a large
lot zoned R-2, which abuts the applicant’s property on the east. The neighboring
land to the west along W. 36th Street consists of vacant land at the northeast
corner of W. 36th and Bowman. A large tract of vacant land zoned Planned
Office Development wraps around the applicant’s property from the west to the
north and is the future site for the Church at Rock Creek, and borders I-430 on
the east. The eastern portion of the church property is currently being cleared at
the east entrance from W. 36th Street next to I-430 and construction has started.
A vacant tract of land zoned MF-12 is located southeast of the application area
at the southwest corner of W. 36th and I-430. The remainder of the land to the
south is zoned R-2 and is developed with single-family housing built on large
lots.
June 17, 2004
ITEM NO.: G (Cont.) FILE NO.: LU04-11-02
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On November 18, 2003 a change was made from Mixed Office Commercial to
Service Trades District along Old Shackelford Road about a ½ mile east of the
applicant’s property to accommodate proposed development and recognize
existing conditions.
On October 21, 2003 a change was made from Office to Commercial in the Col.
Glenn & I-430 area about 1 mile south of the study area to accommodate
proposed development.
On February 4, 2003 a change was made from Multifamily to Mixed Office
Commercial on the southwest corner of I-430 and W. 36th Street about 1/10 of a
mile to the south and east of the application area to accommodate proposed
development.
On January 7, 2003 a change was made from Office to Commercial at 12201
Col. Glenn Road about 1 mile southwest of the applicant’s property to
accommodate proposed development.
On January 16, 2001 changes were made from Mixed Use to Commercial, and
Suburban Office to Office, on the southeast corner of I-430 and Col. Glenn Road
about 2/3 of a mile southeast of the amendment area to accommodate proposed
development.
On September 19, 2000 a change was made from Mixed Office Commercial and
Low Density Residential to Mixed Use on the northeast corner of W. 36th Street
and Bowman Road, including the current amendment study area, to
accommodate proposed development.
The expanded amendment area, and all of the property to the west, north, and
east is shown as Mixed Use. The south side of W. 36th Street is shown as Mixed
Office Commercial and is bisected by a strip of Park/Open Space shown along
the floodway of Brodie Creek. A large area of Suburban Office is shown on the
west side of the Bowman Road / W. 36th Street intersection.
MASTER STREET PLAN:
W. 36th Street is shown as Minor Arterial on the Master Street Plan. The plan
also describes a modified right-of-way along this portion of W. 36th Street of 80
feet to accommodate four lanes of traffic and five lanes at major intersections.
A Class III Bikeway is shown on W. 36th Street from Bowman Road to Rock
Creek. A Class III Bikeway does not require any additional right-of-way or
paving. Any development of the applicant’s property will need to be designed in
such a way as to consider the traffic impact on W. 36th Street and the
accompanying bikeway and be subject to half street improvements.
June 17, 2004
ITEM NO.: G (Cont.) FILE NO.: LU04-11-02
3
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 show the floodway of
Brodie Creek as a Potential Greenbelt. This Potential Greenbelt serves as an
area that may be used for either recreational uses, and or open space
opportunities. The amendment area is not immediately adjacent to Brodie Creek
and not likely to have a direct impact on the Potential Greenbelt.
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:
Although Office is not shown in the vicinity of the application area, office
developments are allowed in the areas shown as Mixed Use, Mixed Office
Commercial, and Suburban Office. Mixed Use and Suburban Office require a
Planned Zoning District for office uses but MOC which does not require a PZD if
the use is entirely office. This application would allow the development of offices
in the amendment area without a PZD.
Since most of the surrounding property is shown as Mixed Use, and non-
residential uses are in the very early stages of development surrounding the
application area, the future viability of residential uses on the north side of W.
36th Street becomes questionable. However, the property on the south side of
the street will face similar pressure to develop for non-residential uses, especially
at the intersection of W. 36th and Bowman. The nearby Suburban Office, and
MOC do not encourage future residential development in the neighborhood.
Removing Mixed Use does remove the possibility of residential development in
this area. There is still a large amount of Mixed Use (approximately 41 acres) to
the north and west of the application area that could be developed for residential
uses.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Neighborhood
Connections, SW Little Rock UP, WCLR Coalition of Neighborhoods, Birchwood
June 17, 2004
ITEM NO.: G (Cont.) FILE NO.: LU04-11-02
4
Neighborhood Association, Campus Place Property Owners Association,
Kensington Place Property Owners Association, Pennbrook/Clover Hill Property
Owners Association, Sandpiper Neighborhood Association, Twin Lakes "A"
Neighborhood Association, Twin Lakes "B" Special Improvement District, Twin
Lakes B Prop. Owners Association, and Westbrook Neighborhood Association.
Staff has received no comments from area residents at the time of writing.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
The item was placed on the consent agenda for deferral to the June 17, 2004
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes,
and 2 absent.
June 17, 2004
ITEM NO.: H FILE NO.: Z-7625
Owner: Kenneth Davis
Applicant: McGetrick and McGetrick (Pat McGetrick)
Location: 11524 West 36th Street
Area: 1.93 acres
Request: Rezone from R-2 to O-3
Purpose: Future Office Development
Existing Use: Single Family Residential
SURROUNDING LAND USE AND ZONING
North – Undeveloped (future church at Rock Creek site); zoned POD
South – Single family residences on large lots and undeveloped
property (across West 36th Street); zoned R-2, MF-12, OS
and C-2
East – Church at Rock Creek facilities (under development); zoned POD
West – Undeveloped and one (1) single family residence; zoned R-2
and POD
A. PUBLIC WORKS COMMENTS:
1. West 36th Street is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required with the proposed zoning action.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route #14 (Rosedale
Route) is located to the east along Shackleford Road and West 36th
Street.
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 and
June 17, 2004
ITEM NO.: H (Cont.) FILE NO.: Z-7625
2
Sandpiper 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 Mixed Use for this property. The applicant has applied for O-3
General Office for an office development.
A land use plan amendment for a change to Office is a separate item on
this agenda.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Kenneth Davis, owner of the 1.93 acre property located at 11524 West
36th Street, is requesting to rezone the property from “R-2” Single Family
District to “O-3” General Office District. The rezoning is proposed to allow
future office development of the property.
The property currently contains two (2) single family residences (one-story
frame structures). Residential drives from West 36th Street serve the
property.
The general area contains a mixture of uses and zoning. The approved
Church at Rock Creek POD development is located immediately north
and east of the property. The church is nearing completion of the first
building of its multi-phase development, located at the southeast corner of
the property. There is one (1) single family residence located to the west,
with additional residences on large lots located to the south across West
36th Street. There is also undeveloped R-2, MF-12, O-2 and C-2 zoned
property in the immediate area. Interstate 430 is located approximately
700 feet to the east.
The City’s Future Land Use Plan designates this property as Mixed Use.
The applicant has filed a Land Use Plan Amendment for a change to
Office (Item 9. on this agenda). Staff is supporting an amendment to
Mixed Office Commercial, which will support the proposed O-3 zoning.
Staff is supportive of the rezoning. Staff feels that an office development
on this property will fit in well with the projected future development of this
June 17, 2004
ITEM NO.: H (Cont.) FILE NO.: Z-7625
3
area along West 36th Street, west of I-430. The Church at Rock Creek
POD development, which will contain a variety of church and ancillary
church uses wraps around this property to the north, east and west. The
property across West 36th Street to the south is designated as Mixed
Office Commercial on the City’s Future Land Use Plan. Staff feels that a
O-3 office development on this property will have no adverse impact on
the surrounding properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 zoning.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
Staff informed the Commission that the application needed to be deferred to the
June 17, 2004 agenda based on the fact that the applicant failed to complete the
notification to surrounding property owners as required.
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)
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 Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was approved.
June 17, 2004
ITEM NO.: I FILE NO.: Z-7627
NAME: Woodlands Edge Subdivision Recreation Facility –
Conditional Use Permit
LOCATION: Woodlands Trail Drive
OWNER/APPLICANT: Rocket Properties, LLC/The Mehlburger Firm
PROPOSAL: A conditional use permit is requested to allow for
development of a private, subdivision recreation area
on this R-2 zoned 5.85± acre tract.
STAFF REPORT:
On April 14, 2004, the applicant submitted a request that this item be deferred to
the June 17, 2004 meeting.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request for deferral to the June 17,
2004 meeting.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and informed the Commission that the applicant had requested that the
item be deferred to the June 17, 2004 agenda. There was no further discussion.
The item was placed on the Consent Agenda and deferred to June 17, 2004 by a
vote of 11 ayes, 0 noes and 0 absent.
STAF REPORT:
On May 6, 2004, the applicant requested that this item be deferred to the
July 29, 2004 meeting.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request for deferral to the July 29,
2004 meeting.
June 17, 2004
ITEM NO.: I (Cont.) FILE NO.: Z-7627
2
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present. There were no objectors present. Staff informed the
Commission of the applicant’s request for deferral. There was no additional
discussion.
The item was placed on the Consent Agenda and approved for deferral to the
July 29, 2004 meeting. The vote was 9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: J FILE NO.: Z-7631
NAME: Graham Temple C.O.G.I.C. – Conditional Use Permit
LOCATION: 4307 Frazier Pike
OWNER/APPLICANT: Graham Temple C.O.G.I.C./Arthur Devine
PROPOSAL: A conditional use permit is requested to allow for the
addition of a Family Life Center building on this R-3
zoned church site.
STAFF REPORT:
On April 22, 2004, the applicant requested that the item be deferred to the
June 17, 2004 Commission meeting.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request for deferral.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and informed the Commission that the applicant had requested that the
item be deferred to the June 17, 2004 agenda. There was no further discussion.
The item was placed on the Consent Agenda and deferred to June 17, 2004 by a
vote of 11 ayes, 0 noes and 0 absent.
STAFF REPORT:
On June 2, 2004, the applicant requested that this item be deferred to the
July 29, 2004 meeting.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request for deferral.
June 17, 2004
ITEM NO.: J (Cont.) FILE NO.: Z-7631
2
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was not present. There were no objectors present. Staff informed
the Commission of the applicant’s request for deferral. There was no additional
discussion.
The item was placed on the Consent Agenda and approved for deferral to the
July 29, 2004 meeting. The vote was 9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: K FILE NO.: S-1431
NAME: Busselle Addition Preliminary Plat
LOCATION: 3606 Rocky Lane
DEVELOPER:
Carol Busselle
23 Waterwood Lane
Maumelle, AR 72113
ENGINEER:
Robert D. Holloway
The Holloway Firm, Inc.
200 Cassey Drive
Maumelle, AR 72113
AREA: 2.671 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 18 – Ellis Mountain
CENSUS TRACT: 42.07
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The applicant proposes to subdivide this 2.71-acre site into two single-family lots.
The lots will range in size from 1.2 acres to 1.4 acres. The lots will be served by
a private wastewater system (septic tank), which has been approved by the
Arkansas Department of Health.
Lot 1 of the proposed subdivision contains an existing single-family structure and
proposed Lot 2 will contain a site-built home the applicant has relocated from a
nearby site.
June 17, 2004
ITEM NO.: K (Cont.) FILE NO.: S-1431
2
B. EXISTING CONDITIONS:
The site contains a single-family home located along the northern boundary and
a new single-family home has been added to the site along the southern
boundary. The site is located outside the city limits and served by septic system.
Rocky Lane is a narrow roadway constructed of chip seal and open ditches for
drainage. Other uses in the area include single-family homes; both site built and
manufactured homes.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. All
abutting property owners were notified of the public hearing. There is not an
active neighborhood association located within the area.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. The floodway must be platted as an easement.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Located outside the service boundary. No comment. The
applicant must provide approval from the Arkansas Department of Health
concerning the proposed septic system treatment.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
SBC: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. According to our records
water service will be available to this property when a proposed water main is
installed. Service is not available at this time. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in
addition to normal charges. This development will have minor impact on the
existing water distribution system. Proposed water facilities will be sized to
provide adequate pressure and fire protection. Contact Central Arkansas
Water at 992-2438 for additional details.
June 17, 2004
ITEM NO.: K (Cont.) FILE NO.: S-1431
3
Fire Department: Approval must be provided by the local fire department serving
this area prior to the approval of the final plat.
County Planning: No comment received.
CATA: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (May 13, 2004)
Mr. Bob Holloway was present representing the request. Staff presented the
item indicating the request was located outside the city limits but within the City’s
Planning Jurisdiction. Staff stated the request was a preliminary plat application.
Staff requested the applicant provide documentation from the Arkansas
Department of Health concerning the proposed wastewater collection and
treatment system. The applicant indicated the septic systems were existing for
each of the proposed lots. Staff requested approval from the Health
Department.
Public Works comments were addressed. Staff stated a 25-foot dedicated
easement would be required adjacent to the floodway.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised plan to staff addressing most of the issues
raised at the May 13, 2004, Subdivision Committee meeting. The applicant has
secured approval from the Arkansas Department of Health concerning the
existing septic systems. The applicant has also indicated a 25-foot dedicated
easement adjacent to the floodway as requested by staff.
Staff is supportive of the proposed preliminary plat. The plat indicates the
creation of two single-family lots from a single 2.71 acre tract. The lots are
indicated as 1.2 acres and 1.4 acres more than adequate to meet the minimum
lot size requirement of the Subdivision Ordinance. The applicant has also
June 17, 2004
ITEM NO.: K (Cont.) FILE NO.: S-1431
4
indicated lot widths and lot depths more than adequate to meet the minimum
requirement of the Subdivision Ordinance.
To staff’s knowledge there are no outstanding issues associated with the
proposed request and staff feels the development of the lots as proposed will
have minimal impact on the adjoining properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
conditions outlined in paragraphs D, E and F of the above report.
PLANNING COMMISSION ACTION: (June 3, 2004)
The applicant was present. There were no registered objectors present. Staff stated
the applicant had secured approval from the Health Department for the proposed septic
system wastewater treatment. Staff stated they were requesting the item be deferred to
the June 17, 2004, Public Hearing to allow the analysis to be completed and forwarded
to the Commission for review.
There was no further discussion of the item. The item was placed on the Consent
Agenda and approved as presented by staff by a vote of 11 ayes, 0 noes and 0 absent.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present there were no registered objectors present. Staff presented
the item with a recommendation of approval of the requested preliminary plat. Staff
stated to their knowledge there were no outstanding issues associated with the
proposed request and recommended approval subject to the conditions outlined in
paragraphs D, E and F of the above report.
There was no further discussion of the item. The Chair entertained a motion to place
the item on the Consent Agenda for approval. The motion was approved by a vote of
9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: 1 FILE NO.: S-1435
NAME: Bentley Court Subdivision Preliminary Plat
LOCATION: On the West side of Stagecoach Road, approximately ¼ miles North of
Otter Creek Parkway
DEVELOPER:
Malmstorm Family LLC
11610 Kanis Road
Little Rock, AR 72211
ENGINEER:
McGetrick and McGetrick Engineers
319 President Clinton Avenue, Suite 202
Little Rock, AR 72201
AREA: 39.40 acres NUMBER OF LOTS: 121 FT. NEW STREET: 6,000 LF
CURRENT ZONING: R-2, Single-family
PLANNING DISTRICT: 16 – Otter Creek
CENSUS TRACT: 42.08
VARIANCES/WAIVERS REQUESTED: A variance to allow a reduced front
building line.
A. PROPOSAL/REQUEST:
The applicant proposes to subdivide this 39.40-acre site into one hundred
nineteen single-family lots and two tracts. The applicant has indicated a fifteen-
foot front building line for the single-family lots and a thirty foot front building line
along Stagecoach Road for the two tracts.
The applicant has indicated the lots will average sixty-two feet by one hundred
thirty two feet or 8,184 square feet. The minimum lot size of the proposed
subdivision is seventy-three feet by one hundred five feet or 7,351 square feet.
The two tracts will contain approximately three and one-half acres and four and
one-third acres. The applicant has indicated these two lots will be held for future
development.
June 17, 2004
ITEM NO.: 1 (Cont.) FILE NO.: S-1435
2
The proposed preliminary plat includes the development of the subdivision in
four phases. Lots 13 – 25, 44 and 82 – 100 (33 Lots) will be developed in the
first phase. Phase 2 will consist of Lots 1 – 12, 45 and 65 – 81 (31 Lots). In
Phase 3 Lots 26 – 34 and 101 – 113 (22 Lots) are proposed to be developed
and the final phase (Phase 4) will consist of development of Lots 35 – 43, 46 –
63 and 114 – 119 (33 Lots).
B. EXISTING CONDITIONS:
The site is vacant abutting a floodway to the south. To the north is a single-
family subdivision currently under construction (the Westfield Subdivision). Also
to the north is the Otter Creek Subdivision. To the Southwest is the Otter Creek
Homeowners Association clubhouse and immediately South of the site is Tract A
Courtside Place Addition; a Planned Residential Development with zero lot line
detached single-family homes. This Tract is located north of the floodway while
the subdivision is located south of the floodway.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. All
abutting property owners, the Otter Creek Homeowners Association and
Southwest Little Rock United for Progress were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Stagecoach 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 (show on
plans).
2. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code and the Master Street Plan.
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 plan will need to be submitted and approved prior to
the start of construction.
4. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e).
Show all existing and proposed drainage facilities. Because of the flat terrain,
adequate drainage design and easements should be provided for each lot.
5. Storm water detention ordinance applies to this property. Show proposed
locations for storm water detention facilities on the plan. Additional areas
may be required, depending upon drainage system layout. Because of flat
grades, larger, shallower basins may be required.
June 17, 2004
ITEM NO.: 1 (Cont.) FILE NO.: S-1435
3
6. A special Grading Permit for Flood Hazard Areas will be required per Section
8-283 prior to construction. Show the floodway and floodplain lines on the
plat.
7. In accordance with Section 31-176, floodway areas must be shown as
floodway easements adjacent to the floodway boundary.
8. Provide a left turn lane for east bound local traffic at Stagecoach Road.
Boulevard design should not be used at the intersection.
9. Provide proposed street names for approval. Contact David Hathcock at
(501) 371-4808.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, if service is
required for the project. Contact Little Rock Wastewater Utility at 688-1414
for additional information.
Entergy: No comment received.
Center-Point Energy: Approved as submitted.
SBC: Approved as submitted.
Central Arkansas 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 connection(s) will apply to this project in addition
to normal charges. A water main extension and the installation of private fire
hydrants will be required in order to provide service to this property. This
development will have minor impact on the existing water distribution system.
Proposed water facilities will be sized to provide adequate pressure and fire
protection. Contact Central Arkansas Water at 992-2438 for additional
details.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department at 918-3752 for additional information.
County Planning: No comment received.
CATA: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
June 17, 2004
ITEM NO.: 1 (Cont.) FILE NO.: S-1435
4
G. SUBDIVISION COMMITTEE COMMENT: (May 27, 2004)
Mr. Pat McGetrick was present representing the request. Staff presented an
overview of the proposed request indicating there were additional items
necessary to complete the review process. Staff requested the applicant provide
the average lot size and the minimum lot size in the General Notes Section of the
proposed preliminary plat. Staff also requested the applicant provide the names
of recorded subdivision abutting the proposed plat area, the names of owners of
unplatted tracts in excess of two and one-half acres and to indicate the limits of
the floodplain or floodway on the proposed preliminary plat. Staff requested
Mr. McGetrick provide a phasing plan if the lots were to be developed in phases.
Public Works comments were addressed. Staff indicated Stagecoach Road was
classified on the Master Street Plan as a minor Arterial and a dedication of right-
of-way 45-feet from the centerline would be required. Staff also requested the
applicant provide a grading plan prior to the public hearing. Staff stated since
the site was flat, adequate drainage design and easements should be provided
for each lots. Staff stated a 25-foot dedicated easement would be required
adjacent to the floodway.
Staff noted comments from the other reporting departments and agencies
suggesting the applicant contact them individually for additional clarification.
There was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised plan to staff addressing most of the issues
raised at the May 27, 2004 Subdivision Committee meeting. The applicant has
indicated the average lot size and the minimum lot size of the proposed
subdivision in the general notes section of the preliminary plat. The applicant
has also indicated the names of recorded subdivisions abutting the proposed
plat area, the names of owners of unplatted tracts in excess of two and one-half
acres and has indicated the limits of the floodplain/floodway on the proposed
preliminary plat.
The applicant has indicated the rights-of-way to meet the existing Master Street
Plan requirement. The applicant has also indicated a 25-foot dedicated
easement adjacent to the floodway. The applicant has not submitted a grading
plan as requested by staff. Staff will continue to work with the applicant
concerning drainage design and easements for each lot.
Staff is supportive of the proposed preliminary plat. The proposal includes the
subdivision of 39.40-acres into one hundred nineteen single-family lots and two
June 17, 2004
ITEM NO.: 1 (Cont.) FILE NO.: S-1435
5
tracts. The applicant has indicated a fifteen-foot front building line for the single-
family lots and a thirty foot front building line along Stagecoach Road for the two
tracts. The indicated fifteen foot front building line will require a variance from
the Subdivision Ordinance to allow the lots to develop with this reduced front
building line. Staff is supportive of the request for a reduced front building line.
The applicant has indicated the lots will average sixty-two feet by one hundred
thirty two feet or 8,184 square feet. The minimum lot size of the proposed
subdivision is seventy-three feet by one hundred five feet or 7,351 square feet.
The proposed lot area, lot width and lot depth are adequate to meet the
minimum requirements of the Subdivision Ordinance. The two tracts will contain
approximately three and one-half acres and four and one-third acres. The
applicant has indicated these two lots will be held for future development.
The proposed preliminary plat includes the development of the subdivision in
four phases. Lots 13 – 25, 44 and 82 – 100 (33 Lots) will be developed in the
first phase. Phase 2 will consist of Lots 1 – 12, 45 and 65 – 81 (31 Lots). In
Phase 3 Lots 26 – 34 and 101 – 113 (22 Lots) are proposed to be developed
and the final phase (Phase 4) will consist of development of Lots 35 – 43, 46 –
63 and 114 – 119 (33 Lots). Staff is supportive of the applicant’s proposed
phasing plan.
To staff’s knowledge there are no outstanding issues associated with the
proposed request. Staff is supportive of the applicant’s request to subdivide this
39.40 acre tract into one hundred nineteen single-family lots and the request to
hold two of the tracts for future development. Staff feels the proposed
preliminary plat is consistent with development patterns in the area and the
addition of a single-family neighborhood to the area should have minimal impact
on adjoining properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
conditions outlined in paragraphs D, E and F of the above report.
Staff recommends approval of the requested variance to allow a reduced front
building line adjacent to the proposed interior residential streets.
Staff recommends the applicant provide a preliminary grading plan indicating
drainage design and easement locations for each lot.
June 17, 2004
ITEM NO.: 1 (Cont.) FILE NO.: S-1435
6
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present there were no registered objectors present. Staff presented
the item with a recommendation of approval of the requested preliminary plat. Staff
stated to their knowledge there were no outstanding issues associated with the
proposed request and recommended approval subject to the conditions outlined in
paragraphs D, E and F of the above report. Staff also presented a recommendation of
approval of the requested variance to allow a reduced front building line adjacent to the
proposed interior street. Staff presented a recommendation that the applicant provide a
preliminary grading plan indicating the drainage design and easement locations for
each lot.
There was no further discussion of the item. The Chair entertained a motion to place
the item on the Consent Agenda for approval. The motion was approved by a vote of
9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: 2 FILE NO.: Z-7647
Owner: Boyd Day Care Family Home –
Special Use Permit
Location: 3809 Pine Cone Drive
Applicant: Julonda Boyd
Proposal: A Special Use Permit is requested to allow a
Day Care Family Home to be operated in the
single family residence located on the R-2
zoned property at 3809 Pine Cone 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 Upper Baseline and
SWLR United for Progress Neighborhood Associations were notified of
the public hearing.
B. Staff Analysis:
3809 Pine Cone Drive is located on the south side of Pine Cone Drive,
west of Hilaro Springs Road. All surrounding properties are zoned R-2
and contain single family residences. There is undeveloped R-2 zoned
property further to the south and southwest.
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 has a
small play area. The applicant proposes to operate the day care from
5:00 a.m. to 5:00 p.m., Monday through Friday. The applicant has noted
that she will have one (1) employee, her son who also lives in the
residence.
There is a one-car concrete driveway from Pine Cone Drive, with parking
for two (2) vehicles. On inspection of the site, staff observed no vehicles
parked on unpaved area. The applicant has noted that if approved, the
driveway would be widened to a two-car wide drive within 30 days of the
approval date. After widening, the driveway should allow sufficient space
for drop-off and pick-up of children. Staff observed no vehicles on the site
which were not operational.
June 17, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-7647
2
The applicant notes that she has operated a day care family home at this
location since 2000. She has been licensed by the State Department
Human Services for the care of up to 10 children since 2001. At present,
the applicant is caring for 8 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 1963 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. 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 single family dwelling not
to exceed two and one-half stories, in height and a private
garage for not more than two cars).”
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 caregiver.
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 home 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.
June 17, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-7647
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 o 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, the only outstanding issue associated with this
application involves an issue of separation. According to Section 36-
54(e)(3)f. “No Special Use Permit will be approved for a day care family
home 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.” A day care family home is currently being
operated within the residence located immediately east of this site at 3805
Pine Cone Drive. The day care family home has existed at 3805 Pine
Cone Drive since 1986. The care giver and resident, Earnestine
Freeman, was approved for a special use permit on May 29, 1997.
Therefore, the applicant is requesting a variance to allow the day care
family home within 300 feet of another permitted day care family home.
In keeping with the spirit and intent of the newly established ordinance
criteria, staff cannot support the proposed special use permit. Staff feels
that the two (2) day care family homes located on adjacent property could
June 17, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-7647
4
have an adverse impact on the immediate area, by creating an amount of
traffic and noise greater than should be allowed in a residential area. To
staff’s knowledge, the proposed day care family home would comply with
all other ordinance requirements.
C. SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
Julonda Boyd was present, representing the application. Ernestine
Freeman, of 3805 Pine Cone Drive, was also present. Staff briefly
described the proposed special use permit.
Staff noted that a one-car driveway existed from Pine Cone Drive. Ms.
Boyd noted that if approved, the driveway would be widened to a two-car
wide drive within 30 days of the approval.
In response to a question from the Committee, Ms. Freeman noted that
she had no opposition to the proposed day care use. Staff suggested that
Ms. Boyd meet with the neighbors prior to the public hearing.
After the discussion, the Committee forwarded the issue to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Julonda Boyd and Earnestine Freeman were present, representing the
application. There were two (2) persons present in opposition. There was one
(1) person present in support. Staff presented the application with a
recommendation of denial. Staff noted that the applicant had submitted petitions
of support from the neighborhood.
Julonda Boyd and Earnestine Freeman addressed the Commission in support of
the application. Ms. Freeman explained that she helped Ms. Boyd get her day
care family home started.
Troy Laha addressed the Commission in opposition. He noted that this was a
commercial use located on a residential street. He referred to the new ordinance
requirements related to day care family homes and noted that this applicant
should adhere to those requirements.
June 17, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-7647
5
Pat Gee, of the Upper Baseline Neighborhood Association, also spoke in
opposition. She noted that the Upper Baseline Neighborhood Association had
voted to oppose the application. She also stated that the new ordinance
requirements should be complied with.
Ms. Freeman stated that Ms. Boyd’s day care family home was in operation prior
to the new ordinance standards. The issue was briefly discussed.
There was a general discussion of whether or not the existing day care family
homes (licensed by the State) were notified of the new ordinance requirements
at the time the ordinance amendments were considered. Staff noted that
existing day care family homes were notified of the new ordinance standards
after they were passed.
There was additional discussion regarding the new ordinance separation issue
with respect to existing day care family homes which existed prior to the new
ordinance standards and whether there were other similar situations.
There was also discussion of requiring a time limit on this application, to allow
Ms. Boyd time to find another location and phase out the day care family home
at 3809 Pine Cone Drive.
Commissioner Williams noted that the neighbors were in support of the
application. He stated that these types of special use permit applications (day
care family homes which existed prior to the new requirements) should be
reviewed on a case-by-case basis. Cindy Dawson, City Attorney, noted that the
Commission’s action on this case would set no precedent for future applications.
In response to a question from the Commission, Ms. Boyd indicated that she
would not like to have a time limit placed on the day care family home. There
was additional discussion of the time limit issue.
There was a motion to approve the application, as filed. The motion failed by a
vote of 2 ayes, 7 nays and 2 absent.
There was discussion of a time limit for the application. Ms. Boyd agreed to a
five (5) year time limit and revised the application accordingly.
There was a motion to expunge the previous vote. The motion passed by a vote
of 9 ayes, 0 nays and 2 absent. The previous vote was expunged.
There was another motion to approve the application, as filed with a five (5)
year time limit. Mr. Laha made additional comments related to the time limit.
The Chairman called for a vote on the motion. The motion passed by a vote of
8 ayes, 1 nay and 2 absent. The revised application was approved.
June 17, 2004
ITEM NO.: 3 FILE NO.: Z-5966-C
Owner: Baptist Health
Applicant: The Mehlburger Firm
Location: 900 Barrow Road
Area: 4.23 acres
Request: Rezone from R-2 to O-2
Purpose: Day care center, classrooms and employee
fitness center to serve the Baptist Health
campus
Existing Use: Vacant church building
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned C-3
South – Single family residences; zoned R-2
East – Mixed commercial and office uses (across Barrow Road);
zoned C-3
West – Undeveloped property; zoned O-3
A. PUBLIC WORKS COMMENTS:
1. No comments regarding change of use for existing building.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route 3 (Baptist Medical
Center Route) runs along Kanis Road to the south.
C. PUBLIC NOTIFICATION:
All property owners located within 200 feet of the site, all residents within
300 feet who could be identified, and the John Barrow, Brownwood
Terrace, Twin Lakes and Twin Lakes “B” Neighborhood Associations
were notified of the public hearing.
June 17, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-5966-C
2
D. LAND USE ELEMENT:
This request is located in the I-430 Planning District. The Land Use Plan
shows Public Institutional for this property. The applicant has applied for
O-2 zoning for ancillary uses for a hospital.
The request does not require a change to the Land Use Plan.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the John Barrow
Neighborhood Area Plan. The plan did not list any objectives relevant to
this case.
Master Street Plan:
The Master Street Plan shows a Proposed Collector street in an east-west
orientation connecting Lile Drive and John Barrow Road. The map shows
the connection being on the southern line of this subject property.
However, with the proposed alignments being of a general nature, it is
possible for this Collector to be through this property or on the north side
of this property. If the Collector was centered on the north property line of
this property, it could serve as access for future development of the C-3
property located to the north of the subject property. The exact alignment
will be determined at the time of redevelopment of this property or at the
time of development of the parcel(s) to the north and/or west.
E. STAFF ANALYSIS:
Baptist Health, owner of the 4.23 acre property at 900 Barrow Road, is
requesting to rezone the property from “R-2” Single Family District to “O-2”
Office and Institutional District. The rezoning is proposed in order to use
the existing building as a day care center, classrooms and employee
fitness center to serve the Baptist Medical Center campus. The property
was previously occupied by the Barrow Road Church of Christ.
The property contains a two-story brick building, previously occupied by
the church and a day care center. There is one (1) access drive from
Barrow Road. There is paved parking located on the north, east and west
sides of the vacant building.
The general area along the south side of I-630 contains a mixture of uses
and zoning. There is undeveloped C-3 zoned property to the north and
June 17, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-5966-C
3
undeveloped O-3 property to the west. The Baptist Medical Center is
located further west. Single family residences are located to the south.
There is a mixture of commercial and office uses to the east, across
Barrow Road.
The City’s Future Land Use Plan designates this property as Public
Institutional. The requested O-2 zoning for Baptist Medical Center
ancillary uses does not require a change to the Land Use Plan.
Staff is supportive of the requested O-2 zoning. Staff feels that O-2
zoning for the property is reasonable. The past use of this property as a
church campus including a day care center has always been Public
Institutional in nature. Staff feels that Baptist Medical Center ancillary
uses will prove to be a good re-use of the property, and that the proposed
rezoning will have no adverse impact on the general area.
The O-2 zoning district is a site plan review district, and any future
redevelopment of the property will require Planning Commission review
and approval. At that time, the Planning Commission will be able to
review development criteria, including location of the future collector street
as mentioned in Paragraph D. of this report.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-2 rezoning.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
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 Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was approved.
June 17, 2004
ITEM NO.: 4 FILE NO.: Z-6418-A
NAME: YMCA PCD Revocation and Rezoning to UU,
Urban Use
LOCATION: NW corner of 6th and Broadway
OWNER/APPLICANT: City of Little Rock
PROPOSAL: To revoke the YMCA Short-Form PCD and to rezone
the property to UU, Urban Use District.
1. SITE LOCATION:
The site is located at the northwest corner of 6th and Broadway.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the dense urban downtown core of the City. The
1998 PCD allowed use of the old YMCA building for a mixture of office,
commercial and residential uses. The property had previously been
zoned I-2, Industrial. The zoning of the downtown area was changed to
Urban Use in 2000. The UU Zoning District allows office, commercial and
residential uses by-right. Revoking the PCD and zoning the site to UU will
be compatible with the uses and zoning in the downtown area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Downtown Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
There is no on-site parking. The UU Zoning District does not require any
on-site parking.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
June 17, 2004
ITEM NO.: 4 (Cont.) FILE NO.: Z-6418-A
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: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
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 992-2431 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
Staff presented the item and noted there were no issues. The Committee
forwarded the item to the full Commission.
STAFF ANALYSIS:
On January 20, 1998, the Board of Directors approved Ordinance No. 17,652
rezoning the former YMCA property at 524 Broadway from I-2 Industrial to PCD.
The approved PCD allowed for use of the existing, five-story building as a
June 17, 2004
ITEM NO.: 4 (Cont.) FILE NO.: Z-6418-A
3
mixture of office, commercial and residential uses. The application had been
filed by the City as part of the ongoing effort to save and reuse the old YMCA
building. In 2000, the entirety of downtown was rezoned to UU, Urban Use, a
newly created zoning category that allows any residential, office or enclosed
commercial use. The few PZD zoned sites downtown, including this tract, were
not included in the UU rezoning. Since there is now zoning that will allow the
mixed uses contemplated under the previous PCD, staff believes it is appropriate
to revoke that PCD and to rezone the property to UU. That action could
conceivably make the property more marketable to a potential investor.
Covenants created at the time of any sale could address the issue of preserving
the building.
STAFF RECOMMENDATION:
Staff recommends approval of the PCD revocation and of the proposed UU
zoning.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Staff presented the item and a recommendation of approval. There was no
additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: 5 FILE NO.: Z-6519-A
NAME: River City Gymnastics – Conditional Use Permit
LOCATION: 5310 S. Shackleford Road
OWNER/APPLICANT: William Hartman/Ola Russenberger
for River City Gymnastics
PROPOSAL: A conditional use permit is requested to allow a
gymnastics and cheerleading training facility on this
I-1 zoned property.
1. SITE LOCATION:
The site is located at the southwest corner of Clearwater Drive and
Shackleford Road; ½ mile south of Colonel Glenn Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is occupied by two office warehouse style buildings. The
gymnastics facility is located within lease spaces in both buildings. The
property is located in an area of industrial uses and undeveloped
properties. The facility has been in operation since 1999 with no apparent
ill effect on surrounding properties.
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
Neighborhood Association were notified of the request.
3. ON SITE DRIVES AND PARKING:
The site is accessed via a single driveway off of Shackleford Road and a
single driveway off of Clearwater Drive. There are 114 parking spaces on
the site. This type of use is required to provide one space per employee
plus on-site loading and unloading spaces at the rate of one for each five
students based on the maximum number of students on the site at any
one time. The training facility occupies 25,000 square feet of the front
41,175 square foot building and 11,500 square feet of the rear 23,450
square foot building. There is sufficient parking and loading/unloading
space on the site. Any further expansion of the facility will require closer
scrutiny of the on-site parking situation.
4. SCREENING AND BUFFERS:
No Comments.
June 17, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-6519-A
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: 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 992-2431 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
The applicant, Ola Russenberger, was present. Staff presented the item and
informed the Committee that the facility had been in operation at this site for over
5 years. Staff informed the Committee that building permits had apparently been
issued in error. Staff emphasized that the applicant had done everything
required to occupy the space, short of receiving zoning approval. Staff asked the
applicant to provide additional information on the operation of the facility;
including days and hours of operation, number of employees and signage. In
response to a question from staff, Ms. Russenberger stated the business
June 17, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-6519-A
3
occupied 25,000 square feet in one building and 11,500 square feet in the
second building.
The Committee had no questions. The applicant was advised to respond to staff
issues by June 2, 2004. The Committee forwarded the item to the full
Commission.
STAFF ANALYSIS:
River City Gymnastics and Cheerleading School is located within lease spaces in
the two office-warehouse buildings on the I-1 zoned property at 5310 S.
Shackleford Road. The facility has been in operation at this location since 1999.
Building permits to allow the school’s occupancy of the site were apparently
issued in error. It was just recently discovered by staff that the business is
operating without proper zoning approval. The applicant is requesting approval
of a conditional use permit to allow the gymnastics and cheerleading facility to
remain.
The site contains two buildings; 41,175 square feet and 23,450 square feet. The
school occupies 25,000 square feet of the larger building and 11,500 square feet
of the second building. Access to the site is via driveways off of Shackleford
Road and Clearwater Drive. A total of 114 parking spaces are located on-site.
The facility’s days and hours of operation are Monday through Friday, 8:30 a.m.
– 8:00 p.m.; Friday, 8:30 a.m. – 7:30 p.m.; Saturday, 8:30 a.m. – 6:30 p.m.; and
Sunday, 12:30 p.m. – 5:00 p.m. The facility has 8 full-time employees and 50
part-time employees. Signage consists of wall signs on each of the buildings.
The signs comply with ordinance standards. There is no bill of assurance issue.
To staff’s knowledge, there are no outstanding issues. The gymnastics/cheerleading
school has existed at this site since 1999 with no apparent effect on surrounding
properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the Utility Comments in Section 6 of the Staff Report.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the Utility
Comments in Section 6 of the staff report. There was no additional discussion.
June 17, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-6519-A
4
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: 6 FILE NO.: Z-7646
NAME: Cubby Hole Storage Facility – Conditional Use Permit
LOCATION: 8001 Geyer Springs Road
OWNER/APPLICANT: R. J. Hendrix Properties, LLC/
The Mehlburger Firm
PROPOSAL: A conditional use permit is requested to allow for
conversion of the existing building on this C-3 zoned
6-acre lot into a conditioned mini-warehouse facility.
1. SITE LOCATION:
The site is located on the east side of Geyer Springs Road; south of I-30.
The proposed facility is to occupy a vacant grocery store building on the
west end of what was the Southwest City Mall.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the commercial node formed around the Geyer
Springs/I-30 Interchange. All surrounding properties are zoned C-3 and
C-4 and contain a variety of office, institutional and commercial uses. The
applicant is proposing minimal external modification to the building.
Utilizing this existing building for “conditioned” mini-warehouse storage
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 SWLR United for
Progress, Cloverdale and Windamere Neighborhood Associations were
notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has access from Geyer Springs and the I-30 frontage road. With
the minor modifications proposed by the applicant, the lot will contain
178± on-site parking spaces; many more than this use requires. The
main driveway on the site enters from Geyer Springs and wraps around
the west and north sides of the building. The applicant is proposing to
place unloading areas in this driveway. Staff is concerned that this will
result in congestion on the site and confusion for persons using that
driveway.
June 17, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7646
2
4. SCREENING AND BUFFERS:
If the proposed rehabilitation of the existing structure exceeds fifty percent
of the structures replacement cost, then an equal percentage of
landscape upgrade toward compliance with the Landscape Ordinance will
be required.
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 Water regarding water needs for this
facility.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZA) is required on the
domestic and irrigation water service. The assembly must be installed
prior to the first point of use. Central Arkansas (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: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
June 17, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7646
3
SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
Frank Riggins was present representing the application. Staff presented the item
and noted additional information was needed on the proposed use; including
days and hours of operation, signage, number and hours of employees,
dumpster location, proposed location of facility owned equipment and
loading/unloading areas. Staff asked the applicant to more clearly define the use
to assure compliance with the Code definition of a mini-warehouse and to
describe whether the facility was one or two stories. Staff asked the applicant to
locate any proposed on-site manager’s apartment. The applicant was advised to
submit a copy of the bill of assurance. Staff voiced concerns about access to the
facility and proposed loading/unloading areas; what impact there might be on the
site’s driveways and traffic circulation. Mr. Riggins stated he would make
modifications to the site plan to address staff’s concerns. Public Works,
Landscape and Utility Comments were noted.
Mr. Riggins was advised to respond to staff issues by June 2, 2004. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Lot B-R-5, Southwest City Commercial Subdivision is one of the lots that
formerly comprised the Southwest City Mall site. This lot contains a one-story,
54,765± square foot building that was previously occupied by a grocery store;
178± parking spaces; and a recently constructed McDonald’s restaurant and
parking. The building has been vacant for several years. The Arkansas State
Police Headquarters occupies the remainder of the former mall site; east of this
lot.
The applicant is requesting approval of a conditional use permit to allow the
conversion of the building into a two-story, climate controlled, mini-warehouse
facility. To accommodate the proposed facility, two concrete ramps will be
added on the south (rear) side of the building, a small addition will be added on
the west side for an office, exterior elevators will be added on the west and south
sides, overhead doors will be installed on the north and west sides of the building
and the canopy area on the north (front) side of the building will be enclosed.
Modifications will be made to the driveway on the west and north sides of the
building to allow for the location of unloading areas. A dumpster is proposed to
be located at the northwest corner of the building.
Tenants will have access 7 days a week, 365 days a year, 7:00 a.m. – 8:00 p.m.
A few qualified tenants will have access 24 hours a day. The facility will have a
manager, assistant manager and 3 to 4 employees. They will be on site during
June 17, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7646
4
office hours, which are 9:00 a.m. – 6:00 p.m., Monday through Saturday. There
will be no resident manager. There will be two levels of storage inside the
building. No signage plan has been submitted. The applicant has stated
signage will comply with ordinance standards for commercial districts. This will
allow a wall sign on the north and west facades and a ground-sign on the Geyer
Springs frontage. The site has 40 feet of frontage on the I-30 Frontage Road so
there may be space for a ground sign at that location. The applicant will also be
selling packing, moving and storage supplies and will be renting trucks and
trailers. There will be one 15 to 17 foot truck for tenant use. Five parking spaces
will be designated for rental trucks or trailers.
On June 2, 2004, the applicant submitted a revised site plan and responses to
staff issues raised at Subdivision Committee and reflected in the Analysis above.
The bill of assurance indicates no conflict with the proposed use.
While staff is comfortable with the concept of utilizing this existing building for a
mini-warehouse facility, there are concerns about the impact of the unloading
areas on the driveway and internal site traffic. As was previously noted, the main
driveway to the site enters from Geyer Springs and wraps around the west and
north sides of the building. This driveway carries traffic other than that which
would be using this facility. The driveway provides movement through the site
for adjacent properties, as would be expected of a site which was initially
developed as a shopping center or mall. Staff feels the proposed unloading
areas shown on the west and north sides of the building will create congestion
and possibly an unsafe traffic situation. As such, staff cannot support the
application.
STAFF REPORT:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present. There was one interested party present. Staff
presented the item and informed the Commission that the applicant had
submitted a revised site plan that addressed most all of staff’s concerns about
traffic movement on the site. Staff recommended approval of the application
subject to compliance with the following conditions:
1. Compliance with the staff comments and conditions outlined in Sections 4, 5
and 6 of the staff report.
2. The parallel parking shown adjacent to the west side of the building is not
permitted unless specifically approved by the Little Rock Fire Department.
June 17, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7646
5
Pat Gee, president of the Upper Baseline Neighborhood Association, stated she
had concerns about traffic congestion on the site. Chairman Rahman asked the
applicant to meet with Ms. Gee and to show her the revised plan. They met
outside of the room as the Commission moved on to another item. Later, after
returning to the room, Dana Carney of the Planning Staff, informed the
Commission that Ms. Gee had no objections to the proposal. In response to a
question from Chairman Rahman, Ms. Gee confirmed that.
A motion was made to approve the C.U.P. application, subject to compliance
with the conditions recommended by staff. The motion was approved by a vote
of 8 ayes, 0 noes and 3 absent.
June 17, 2004
ITEM NO.: 7 FILE NO.: Z-7648
NAME: Touched By God’s Angels Child Care –
Conditional Use Permit
LOCATION: 519 East 20th Street
OWNER/APPLICANT: Nikitia Britton
PROPOSAL: A conditional use permit is requested to allow for
conversion of the residential structure on this R-4
zoned lot into a day care center.
1. SITE LOCATION:
The property is located on the southwest corner of East 20th Street and
Park.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The surrounding neighborhood is principally single family residential in
use, although there are other uses in the area. A church is located one
block to the northwest, at 20th and Commerce. A drycleaners and a CLR
Alert Center are located ½ block to the southeast, at 21st and Park. A day
care and vacant building are located on C-3 zoned property at 21st and
Commerce, to the southwest. The Job Corp building is located on O-3
and C-3 zoned property one block to the east, at 21st and I-30.
Although there is a scattering of nonresidential uses in the vicinity, the
neighborhood is clearly residential in nature. Staff is concerned that the
proposed conversion of a well-maintained, residential structure into a
nonresidential use would not be a positive influence on the nearby
residential properties.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Downtown, East of
Broadway and MacArthur Park Neighborhood Associations were notified
of this request.
3. ON SITE DRIVES AND PARKING:
A day care with an enrollment of 36 children with 8 employees requires 11
on-site parking spaces. Of the 8 employees, 5 are full-time and 3 are
part-time. The site currently has no on-site parking. The applicant
proposes to construct a parking lot in the rear yard area, with access off of
Park. There is sufficient space to provide a properly designed parking lot
June 17, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7648
2
to accommodate 10 vehicles. The parking area must be paved and
landscaped to comply with code.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
5. PUBLIC WORKS COMMENTS:
Obtain permits for all work in public right-of-way.
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 Water regarding water needs.
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: Approved as submitted.
County Planning: No Comments.
CATA: A CATA bus route is located one block to the south; along
East 21st Street.
SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
The applicant, Nikitia Britton, was present. Staff presented the item and noted
additional information was needed regarding signage, days of operation, number
of employees, fencing and site lighting. Staff asked the applicant to indicate the
playground area. Staff noted that there was no on-site parking and a parking
plan needed to be submitted. The applicant was advised to meet with Building
June 17, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7648
3
Code officials to determine what structural changes needed to be made to
comply with building code and ADA requirements. Public Works, Landscape
and Utility Comments were noted.
Several committee members commented about ongoing concerns about day
cares locating in residential neighborhoods. Ms. Britton was cautioned that there
would likely be opposition to the proposal.
The applicant was advised to respond to staff issues by Wednesday, June 2,
2004. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-4 zoned property located at 519 East 20th Street is occupied by a one-
story, frame, single family, residential structure. The property is comprised of
two lots and has a large yard. There is no on-site parking. The home is similar
to the homes in the surrounding neighborhood.
The applicant proposes to convert the house into a day care center. The
proposed use is not a day care family home where the home is occupied by the
caregiver. The day care is proposed to have an enrollment up to 36 children.
There will be 5 full-time employees and 3 part-time. Days and hours of operation
are proposed as Monday through Friday, 5:30 a.m. – 7:00 p.m. The applicant
proposes to construct a 10-space parking lot in the rear yard area, taking access
off of Park Lane. A playground area will be located south of the day care
building. The play area will be fenced. A dense hedge is located around much
of the perimeter of the site, providing much of the required screening. No
signage plan has been submitted. Signage must not exceed that permitted in
office and institutional zones; a wall sign on the building and a ground sign not to
exceed 6 feet in height and 64 square feet in area. The 1884 bill of assurance
does not address use issues. The applicant has made contact with building
codes officials about needed structural changes.
Staff does not support the proposed conditional use permit although the
applicant has done a good job of addressing many of the issues raised at
Subdivision Committee. Staff does not believe the proposed use is appropriate
for this location. The property is located within what is primarily a residential
neighborhood. There are commercial and office zoned properties in the general
area, principally along 21st Street and near the interstate. The applicant is
proposing a day care center, not a day care family home. Staff does not believe
this commercial use is appropriate for location within this residential
neighborhood.
June 17, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7648
4
STAFF REPORT:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present. There were three objectors present. Staff presented
the item and a recommendation of denial. One letter of opposition had been
sent to the Commission.
The applicant, Nikitia Britton, spoke on behalf of her application. She stated
there were other nonresidential uses in the area and she felt her proposed day
care would be an appropriate use. Ms. Britton noted that she was installing the
required parking and there was adequate screening already in place. She said
there had been no complaints from the neighborhood.
Jane Harrison, of 8617 Crofton Circle and vice president of the West Baseline
Neighborhood Association, spoke in opposition to allowing a business in a
residential neighborhood. In response to a question from Commissioner Allen,
Ms. Harrison stated she did not live in the neighborhood but was opposed to
allowing businesses in neighborhoods.
Allice Charles, of 507 East 20th Street, spoke in opposition. Ms. Charles
emphasized what she felt was the quiet nature of the neighborhood. She made
note of other area residents who also were opposed but unable to attend the
meeting.
Troy Laha, of 6602 Baseline Road, stated he was opposed to allowing a child
care business on a residential street.
Ms. Britton stated the proposed enrollment might not be as many as 36 children;
she was not sure of the number. She stated she inherited the house two years
ago. Ms. Britton stated she felt the day care would be good for the
neighborhood. She stated there were several vacant and boarded homes in the
area. Ms. Britton stated there was no real opposition from neighborhood
residents.
In response to a question from Commissioner Floyd, Dana Carney of the
Planning Staff, described several of the nonresidential uses in the vicinity.
In response to a question from Chairman Rahman, Ms. Britton stated she chose
this site because she already owned the property.
Ms. Charles stated there were others in the neighborhood who were opposed but
they chose not to come to the meeting.
Commissioner Lowry asked Ms. Charles why she was opposed to the day care
when it seemed to be a good project and was better than having a boarded
house. Ms. Charles responded that several homes in the area had been
June 17, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7648
5
renovated. She refuted Ms. Britton’s statement that there were a lot of vacant,
boarded homes in the area.
A motion was made to approve the application, subject to compliance with the
staff comments and conditions outlined in Sections 1-6 of the staff report.
Director of Planning and Development Tony Bozynski stated there had been new
residential construction in the area and the neighborhood was interested in
maintaining its residential character.
A vote was taken on the motion. The vote was 1 aye, 8 noes, 1 absent and
1 abstaining (Adcock).
June 17, 2004
ITEM NO.: 8 FILE NO.: Z-7649
NAME: Facen Day Care Center – Conditional Use Permit
LOCATION: 3007 S. Cross Street
OWNER/APPLICANT: Sarah Facen
PROPOSAL: A conditional use permit is requested to allow for the
conversion of the existing residence on this R-3
zoned lot into a day care center.
1. SITE LOCATION:
The property is located on the east side of Cross Street, north of 31st
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in a neighborhood that is primarily single family in
zoning and use. A few duplex residences are located nearby, including
across the street. The Little Rock School District Instructional Resource
Center (formerly Ish School) is located across the street; to the northwest.
A new single family residence is located adjacent to the east. There has
been substantial investment in single family residential construction in the
area to the north since the 1999 tornado. Staff questions the compatibility
of the proposed day care with the surrounding neighborhood. Staff
believes the day care center would be better located out of the heart of
the residential neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the MLK and South End
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The property has no on-site parking. The day care center is proposed to
have an enrollment of 25 children with a staff of 4, including the director.
The day care is required to have 6 on-site parking spaces. The applicant
lives next door at 3003 Cross and proposes to park employees across the
street, on the west side of Cross Street. Drop-off is proposed to take
place on the street in front of the day care and the applicant’s home. Staff
does not support the proposed parking arrangement.
June 17, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7649
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
If a playground area is to be developed, then it will need to be screened
from adjacent residential properties with a 6-foot high opaque wooden
fence with its face side directed outward. Additionally if new paved areas
are established, they will need screened and landscaped in compliance
with ordinance requirements.
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: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Contact Central Arkansas Water regarding water needs.
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: Approved as submitted.
County Planning: No Comments.
CATA: A CATA bus route is located one block to the west; along Martin
Luther King, Jr. Street.
June 17, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7649
3
SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
The applicant was present. Staff presented the item and noted additional
information was needed regarding the number of children and employees,
signage and fencing. Staff requested the applicant locate the playground area
and provide screening of that area. Staff noted the absence of on-site parking
and the inability of the site to accommodate any beyond a typical residential
driveway. The applicant stated parking and drop-off would occur on the street.
The applicant was advised to contact Building Codes officials to determine what
structural changes would need to be made to comply with building codes and
ADA requirements. Ms. Facen stated she was proposing to relocate some
children from an existing day care center at 20th and Broadway that is operated
by her daughter. Public Works, Utility and Landscape Comments were noted.
Several committee members commented about ongoing concerns about day
cares locating in residential neighborhoods. Ms. Facen was cautioned that there
would likely be opposition to the proposal.
The applicant was advised to respond to staff issues by June 2, 2004. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-3 zoned property at 3007 S. Cross Street is occupied by a new, one-story,
frame, single family residence. There currently is no on-site parking. The home
has not been occupied.
The applicant proposes to convert the residence into a day care center. The
application is not for a day care family home where the caregiver occupies the
residence. The proposed day care center is to have an enrollment of 25 children
with 4 employees, including the director. Days and hours of operation are
proposed as Monday through Friday, 6:15 a.m. – 5:30 p.m. Signage is proposed
to consist of a single ground-mounted sign; 18” X 24”. A playground area will be
placed in the rear yard. The playground will be enclosed by a 6 foot tall privacy
fence and will be located at least 20 feet away from abutting properties. No on-
site parking will be provided. Staff will park on the west side of Cross Street,
north of 3006 S. Cross. Drop-off and pick-up of children is proposed on the
street, in front of the day care center and the property adjacent to the north
which is occupied by the applicant.
Staff is not supportive of the proposed conditional use permit. The property is
located in a neighborhood that is principally residential in nature, although there
are a few nonresidential uses in the vicinity. New residences have been
June 17, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7649
4
constructed in the area, including this residence and one behind the site on
Ringo Street. Several new homes have been built further to the north and many
residences have been recently remodeled. Much of the new construction has
occurred as a result of the 1999 tornado which devastated the neighborhood.
Staff is encouraged by the level of residential reinvestment in the community.
Allowing this commercial use at this location will not have a positive effect on the
neighborhood. Additionally, the applicant is proposing the use of the public right-
of-way for employee parking and the drop-off and pickup of children. The 1890
bill of assurance does not address use issues.
STAFF REPORT:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant, Sarah Facen, was present. There were two objectors and two
supporters present. Staff presented the item and a recommendation of denial.
Ms. Facen addressed the Commission in support of her application. She
presented a petition signed by several neighborhood residents who supported
the proposed day care center. Ms. Facen stated she had met with the
neighborhood association and had their support. She stated her neighborhood
supported the day care, regardless of how those who live outside of the
neighborhood feel. Ms. Facen stated the area had much more traffic when Ish
School was open. She stated the proposed day care would allow for
“intergenerational” interaction between the older neighborhood residents and the
children.
Commissioner Allen stated he applauded Ms. Facen for her good work in the
neighborhood. He asked if she would support this day care center in the
neighborhood, if it was not hers. Ms. Facen responded that she would.
Rosalyn Armstrong, of 1114 West 33rd Street, spoke in support of the day care.
She stated the neighborhood’s action plan encouraged neighborhood residents
to reinvest in the neighborhood. Ms. Armstrong stated Ms. Facen had presented
her proposal at the South End Neighborhoods Coalition meeting and the
Coalition supported her day care. She stated the group of residents that were
in the process of reviewing the action plan also supported Ms. Facen.
Jane Harrison, of 8617 Crofton Circle and Troy Laha, of 6602 Baseline Road
spoke in opposition to allowing a day care center in a residential neighborhood.
Ms. Facen responded that her neighborhood supported her proposal. She
stated it was hurtful when people come from outside and tell neighborhood
June 17, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7649
5
residents what is best for the neighborhood. Ms. Facen urged the Commission
to listen to the neighborhood residents and to not put obstacles in the way of
someone trying to do a small business.
Commissioner Lowry stated Ms. Armstrong had convinced him that this was
good for the neighborhood.
Commissioner Floyd stated he was in favor of the application. He recommended
to Ms. Facen that she build a parking lot on a nearby lot that she also owns.
Dana Carney, of the Planning Staff, reiterated staff’s concerns about the lack of
parking and the impact of the business on the residential neighborhood. He
reminded the Commission that even a day care family home was required to
provide a paved, on-site parking area for drop-off and pick-up of children.
Commissioner Taylor voiced support for staff’s position.
Commissioner Williams stated Ish School functioned for a number of years with
similar drop-off on Cross Street.
A motion was made to approve the application, as filed, the vote was 5 ayes,
5 noes and 1 absent. The motion failed.
June 17, 2004
ITEM NO.: 9 FILE NO.: Z-7650
NAME: Antiques Plus Upholstery – Conditional Use Permit
LOCATION: 8925 Gardner Road, D2
OWNER/APPLICANT: Oley Rooker/Joseph Williams
PROPOSAL: A conditional use permit is requested to allow a
furniture upholstery business to locate in a lease
space within the existing building on this C-3 zoned
property.
1. SITE LOCATION:
The property is located on the east side of Gardner Road, south of
Baseline Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed zoning and uses. An area of
C-3 zoned properties extends west of the site, along Baseline Road to
Chicot Road. A nonconforming mobile home park is adjacent to the east.
A variety of residential uses, including mobile homes and site built single
family homes, are located farther to the south and north. The applicant’s
proposal to utilize a lease space within this existing commercial building
will 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 SWLR United for Progress
and Chicot Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by driveways from Baseline and Gardner Roads. An
area of paved parking is located between the buildings and Gardner
Road. No changes are proposed to either the parking or driveways.
There is sufficient parking on-site to accommodate the proposed use.
4. SCREENING AND BUFFERS:
No Comments.
June 17, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7650
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: Approved as submitted.
Water: Contact Central Arkansas Water regarding water needs.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of
the hydrant(s) and contact Central Arkansas Water regarding
procedures for installation of the hydrant(s).
Fire Department: Place fire hydrants per Code; contact Dennis Free at
Little Rock Fire Department.
County Planning: No Comments.
CATA: A CATA bus route is located just north of the site; along Baseline
Road.
SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004)
Joseph Williams, the applicant, was present. Staff presented the item and noted
additional information was needed regarding signage, days and hours of
operation and number of employees. Staff noted that the property was not
covered by a valid bill of assurance. Staff suggested that there be no outside
storage of upholstery material or furniture. Public Works, Landscape and Utility
Comments were noted. The applicant was advised to contact the individual
utilities, if there were any questions.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
June 17, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7650
3
STAFF ANALYSIS:
The C-3 zoned property at 8925 Gardner Road contains several commercial
buildings. The two larger buildings are divided into lease spaces which are
occupied by a variety of commercial and office uses. An asphalt parking lot is
located between the two larger buildings and Gardner Road. The applicant
proposes to occupy a 2,000 square foot lease space within the larger (8,320
square foot) building on the site for a furniture upholstery shop. Furniture
upholstery requires a conditional use in C-3.
The proposed days and hours operation are Tuesday through Friday, 10:00 a.m.
– 6:00 p.m. and Saturday, 10:00 a.m. through 2:00 p.m. The applicant is the
sole employee. Signage is to consist of a wall sign which complies with Code
and space on the center’s existing ground sign. There will be no outside storage
of upholstery materials or furniture. The property is not located within a platted
subdivision and is not covered by a valid bill of assurance.
Central Arkansas Water (CAW) and LRFD have both noted the need for a fire
hydrant in closer proximity to the site. The nearest hydrants are 340± feet to the
south and 350± feet to the north. Staff has discussed the issue with CAW and
the Fire Marshall. Since this is an existing commercial development that is
underserved by hydrant service, CAW will install the needed hydrant.
To staff’s knowledge, there are no outstanding issues. Staff believes the
applicant’s proposal to operate a small, furniture upholstery shop within this
existing commercial building is an appropriate use which should have no effect
on surrounding properties. On June 2, 2004, the applicant submitted responses
to issues raised at Subdivision Committee and reflected in the analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the Utility and Fire Department Comments, as amended by
CAW and LRFD.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the Utility
and Fire Department Comments, as amended by CAW and LRFD. There was
no additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 9 ayes, 0 noes and 2 absent.
June 17, 2004
ITEM NO.: 10
SUBJECT: Proposed Amendment to Section 36-556.(b) of
Chapter 36 of the Code of Ordinances to add
Stagecoach Road and a portion of Colonel Glenn
Road to the list of scenic corridors.
REQUEST: That the Planning Commission receives comments
from interested parties and the Plans Committee and
vote on a recommendation to the Board of Directors.
Public Notice:
Notice of the proposed Ordinance Amendment and of the Commission hearing
was sent to the following:
Billboard Companies
Lamar Outdoor Advertising
Arkansas Sign and Neon
Cuerdon Signȱ
Cynthia Neal, 361 LLC
Custom Outdoors Advertising
Affected Neighborhood Associations
John Barrow
Westwood
Tall Timber
Pecan Lake
Stagecoach-Dodd
Crystal Valley
Otter Creek
SWLR United for Progress
PLANS COMMITTEE: (MAY 26, 2004)
Staff presented the item. There was little discussion. The consensus was that
the proposed amendment was a positive change. The Committee forwarded the
item to the full Commission.
June 17, 2004
ITEM NO.: 10 (Cont.)
2
STAFF REPORT:
On April 5, 1983, the Board of Directors passed Ordinance No. 14,430 which
designated I-430, I-630, I-440, Highway 10 and Rebsamen Park Road as scenic
corridors for the purposes of billboard regulation.
On July 7, 1992, Ordinance No. 16,244 was passed which established additional
criteria for billboards and added Chenal Parkway from Kanis Road to Arkansas
State Highway 300 to the list of scenic corridors.
A scenic corridor is defined by Section 36-530. of the Code of Ordinances of the
City of Little Rock, Arkansas as “a public right-of-way which, in the opinion of the
board of directors, exhibits special aesthetic and visual characteristics worthy of
protection through enhanced billboard regulation. Section 36-556.(b) of the
Code states:
“No billboard may be altered or erected within six hundred sixty
(660) feet of the nearest edge of the right-of-way of the scenic
corridors.”
Recently, development has started to increase in the general area along
Stagecoach Road and Colonel Glenn Road, west of the Stagecoach/Colonel
Glenn split. In conjunction with the increase in development, several permits
have been issued for new billboards on those corridors. In response to concerns
raised by citizens about the possible proliferation of billboards in those areas,
staff is proposing adding those two streets to the list of scenic corridors. Any
existing billboards along Stagecoach Road and Colonel Glenn Road, west of the
Stagecoach/Colonel Glenn split will become nonconforming and no new permits
will be issued.
Staff believes the two roads in question meet the definition of “scenic corridor”
and it is appropriate to add them to the designated scenic corridors.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance amendment.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Staff presented the item and requested that action be deferred to the July 29,
2004 meeting. There was no additional discussion.
The item was placed on the Consent Agenda and deferred to the July 29, 2004
meeting. The vote was 9 ayes, 0 noes and 2 absent.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS PROVIDING FOR THE ADDITION OF
STAGECOACH ROAD AND A PORTION OF COLONEL
GLENN ROAD TO THE LIST OF DESIGNATED SCENIC
CORRIDORS; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES.
WHEREAS, a scenic corridor is defined by Section 36-530. of the Code of
Ordinances of the City of Little Rock, Arkansas as “a public right-of-way which, in the
opinion of the board of directors, exhibits special aesthetic and visual characteristics
worthy of protection through enhanced billboard regulation; and
WHEREAS, Section 36-556.(b) of the Code of Ordinances of the City of Little
Rock, Arkansas currently designates I-430, I-630, I-440, Highway 10, Rebsamen Park
Road and Chenal Parkway from Kanis Road to Arkansas State Highway 300 as scenic
corridors; and
WHEREAS, it has been determined by the Planning Commission and the Board
of Directors of the City of Little Rock, Arkansas that Stagecoach Road and Colonel
Glenn Road from Stagecoach Road to the western boundary of the City’s planning
boundary exhibit special aesthetic and visual characteristics worthy of protection through
enhanced billboard regulation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. That Chapter 36., Section 36-556.(b) of the Code of Ordinances of
the City of Little Rock, Arkansas be amended to provide for the addition of new text and
to then read as follows:
(b) I-430, I-630, I-440, Highway 10, Rebsamen Park Road, Chenal
Parkway from Kanis Road to Arkansas Street Highway 300, Stagecoach
Road and Colonel Glenn Road from Stagecoach Road to the western
boundary of the City’s planning boundary are designated as scenic
corridors for purposes of this article. No billboard may be altered or
erected within six hundred sixty (660) feet of the nearest edge of the
right-of-way of the scenic corridors.
SECTION 2. Severability. In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions
of the ordinance which shall remain in full force and effect as if the portion so declared or
adjudged invalid or unconstitutional was not originally a part of the ordinance.
2
SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same,
that are inconsistent with the provisions of this ordinance are hereby repealed to the
extent of such inconsistency.
SECTION 4. Emergency Clause. Whereas, it has been determined that it is
necessary that the proposed amendment become effective immediately to protect the
special aesthetic and visual characteristics of Stagecoach Road and the designated portion
of Colonel Glenn Road; an emergency is hereby declared and this Ordinance shall take
effect immediately upon its passage.
PASSED:_____________________
ATTEST: APPROVED:
_____________________________ _____________________________
C i t y C l e r k M a y o r
June 17, 2004
ITEM NO.: 11
SUBJECT: Proposed Amendment to Section 36-513. of Chapter
36 of the Code of Ordinances providing for
procedures and regulations regarding the parking of
motor vehicles on residential properties.
REQUEST: That the Planning Commission receives comments
from interested parties and the Plans Committee and
vote on a recommendation to the Board of Directors.
Public Notice:
Notice of the proposed Ordinance Amendment and of the Commission hearing
was sent to the 149 neighborhood associations and coalitions registered with the
City and to the Department maintained Ordinance Amendment contact list of 50±
individuals, companies and agencies.
PLANS COMMITTEE: (MAY 26, 2004)
Staff presented a first draft of the proposed Ordinance. The Committee made
several suggestions, including: more clearly defining the front yard area, adding
trailers to the definition of motor vehicle, allowing the use of pavers, specifying
that the unpaved parking surface must be covered with gravel or a similar
material, and adding authority for the planning director to approve variances.
In response to questions from the Committee, staff stated the intent was to
regulate parking in the area between the residence and the street, not just in the
front 25 feet of the property, regardless of the depth of the property. Staff also
stated there was no intent to allow parking in violation of the ordinance as a
nonconforming use.
Commissioner Floyd suggested allowing use of a permeable surface. Staff
responded that such proposals could be looked at on a case by case basis and
possibly approved by the Director. Commissioner Floyd also voiced concern
about the amount of additional paved area that might be created and the
resulting run-off.
Commissioner Meyer voiced support for the Ordinance and stated he felt
eliminating “parking in mud holes” would increase property values.
Mary Rogers, of the Pecan Lake Neighborhood Associations, voiced support for
the ordinance.
June 17, 2004
ITEM NO.: 11 (Cont.)
2
Commissioner Floyd asked if the intent of the Ordinance was to limit the number
of vehicles on a site or to get rid of mud holes. Staff responded that they felt the
intent was to restrict parking on improper surfaces, not to limit the number of
vehicles on a site.
The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Staff is proposing an ordinance amendment which would establish procedures
and criteria regulating the parking of motor vehicles in the front yards and street
corner side yards of residential properties. The basic intent of the ordinance
amendment is to prohibit the parking of motor vehicles on unpaved yards. Staff
believes that allowing the unregulated parking of motor vehicles on unpaved
yards results in the problems of standing water and the carrying of dust and dirt
upon the public streets and has a detrimental effect on the esthetics of
residential neighborhoods.
Similar ordinances were reviewed from other cities: including Springfield,
Missouri; San Jose, California and North Little Rock’s Argenta District.
Staff felt it was important to allow some relief from the requirement to have a
paved driveway, in recognition of the cost to citizens. Consequently, staff
suggests allowing the use of a specified, gravel driveway area in lieu of
pavement for those unable to pay for a paved driveway.
Several suggestions were made by the Plans Committee which have been
incorporated into the proposed ordinance.
Enforcement will be on a complaint basis primarily or in conjunction with the
City’s Targeted Neighborhood Enforcement Program.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance Amendment.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
There were several persons present. Staff had received statements of support
from the Pecan Lake, John Barrow, Oak Forest Neighborhood Associations, the
Coalition of Little Rock Neighborhoods and one citizen. Statement of opposition
had been received from two citizens.
June 17, 2004
ITEM NO.: 11 (Cont.)
3
Dana Carney, of the Planning Staff presented the item and noted a few
proposed changes. In response to a question, Mr. Carney stated he anticipated
enforcement of the ordinance to be primarily complaint driven or in conjunction
with targeted neighborhood enforcement.
Commissioner Allen stated he felt the Ordinance was unclear and additional time
was needed to study the issue. Mr. Carney responded that much time had gone
into the issue and he urged adoption of the ordinance.
In response to a question, Mr. Carney stated that the language of Sections (d)
and (e) was similar, with a subtle difference. He stated the language made it
clear that the ordinance would be enforceable under any circumstance.
Commissioner Williams stated he thought the prospect of enforcement was
unrealistic. He also stated time was needed to study the potential impact of the
ordinance. He stated he felt there would be an inordinate impact on properties
of lower value and persons of lower income. Commissioner Williams stated
there would be an impact on traffic if more persons were forced to park in the
street.
Director of Planning and Development Tony Bozynski asked the commissioners
to specify what they hoped to gain from additional study.
Sharon Sellars, of 7615 Leawood Blvd., spoke in support of the ordinance. She
showed photographs of a property next to hers that had vehicles parked in the
yard. She stated it was a problem all over town. Commissioner Lowry asked
Ms. Sellars if it were better to park in the yard, to park in the street or to pave the
entire front yard. Ms. Sellars responded that none of the those choices was
best.
Sharon Welch-Blair, president of the Downtown Neighborhood Association,
spoke in support of the ordinance. She read a letter of support that had been
sent by Kathy Wells, president of the Coalition of Little Rock Neighborhoods.
Ms. Welch-Blair gave examples of properties in the downtown area that had
vehicles parked in the front yard. She said doing so had an impact on
neighboring properties. Ms. Welch-Blair said most of the properties in her
neighborhood with vehicles in the front yard also had a driveway. She said
parking in the yard also results in broken street curbs and sidewalks.
Commissioner Lowry said most of the properties east of University Avenue were
developed in an era when homeowners had only 1 or 2 vehicles; now there are
more vehicles per residence.
There was a discussion of the impact of having more pavement on properties.
Ms. Welch-Blair stated she was fine with more pavement.
Chairman Rahman asked if it might not be appropriate to defer the issue for
more study. Mr. Carney asked what additional information the Commission
needed.
June 17, 2004
ITEM NO.: 11 (Cont.)
4
Commissioner Adcock stated the Commission should vote on the ordinance and
forward it to the Board. She stated the proposed Ordinance had been well
publicized and well studied.
Commissioner Floyd stated he felt it was an elitist ordinance that would impact
areas and persons least able to afford new driveways. He stated it would affect
properties all over the City. Commissioner Floyd stated he estimated the result
would be the paving of 6,000 parking pads, creating additional stormwater
run-off. He urged the use of permeable surfaces and stated he thought the
Ordinance was totally unenforceable.
Janet Berry, speaking on behalf of the Legion Hut and West Baseline
Neighborhood Associations, spoke in opposition. She voiced concerns along
racial lines and also commented that the Ordinance would be difficult to enforce.
Scott Holladay, of 2017 S. Arch Street, spoke in support of the Ordinance. He
stated the Downtown Neighborhood Association had worked for a long time to
see this type of Ordinance adopted. Mr. Holladay stated parking on unpaved
yards decreases property values. In response to a question from Commissioner
Lowry, Mr. Holladay stated most persons would respond by parking in an
appropriate location. Commissioner Floyd said if there was no alternative,
people will have to pave their yards.
Pat Gee, president of the Upper Baseline Neighborhood Association, stated the
association had voted to support the ordinance.
Ruth Bell, of the League of Women Voters of Pulaski County, asked if the
ordinance would apply to short-term parking, such as washing your car or when
guests came to your home. Mr. Carney responded that, strictly speaking, the
Ordinance would apply but some common sense would be applied. Ms. Bell
stated that, in some cases, the solution of putting more vehicles on the street is
negative because of inadequate infrastructure.
Commissioner Rector stated he had thought it was a simple ordinance; but
obviously it is not. He stated it needed more study.
Troy Laha, of 6602 Baseline Road, stated it was wrong to give the Planning
Director the authority to grant variances. He asked why there was not a
provision to grant nonconforming status. Mr. Laha also voiced concern about the
inability of the City to enforce the regulations. He stated putting more vehicles
on the streets would create problems.
Director of Planning and Development Tony Bozynski stated several issues had
been raised and staff was open to the idea of deferring the issue for more study.
Dana Carney, of the Planning Staff, asked the Commission to tell staff what
additional information was needed.
Commissioner Stebbins stated the proposed ordinance was clearly supported by
many citizens and the City’s leadership.
June 17, 2004
ITEM NO.: 11 (Cont.)
5
Commissioner Floyd stated if the intent was to prohibit parking in mud holes in
the front yard, just say so.
A motion was made to defer the item to the July 29, 2004 meeting. The motion
failed to receive a second.
A motion was made to approve the proposed ordinance. The vote was 4 ayes,
3 noes, 3 absent and 1 abstaining (Rector). The motion was denied.
Commissioner Lowry asked that staff inform the Board there was a good deal of
discussion about the issue and there was opposition from several
commissioners.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS
PROVIDING FOR VARIOUS PROCEDURES AND LAND USE
REGULATIONS REGARDING PARKING OF MOTOR VEHICLES IN
FRONT YARDS OR CORNER STREET SIDE YARDS OF RESIDENTIAL
PROPERTIES; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas finds that the
parking of motor vehicles on the front yards or corner street side yards of residential properties in
areas not paved or designated for parking results in the problems of standing water and the
carrying of dust and dirt upon public streets and has a detrimental effect upon the esthetics of
residential neighborhoods; and
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas finds that it is in
the best interest of the City to regulate parking in the front yards and corner street side yards of
properties used as a residence; and
WHEREAS, the proposed regulations were presented and discussed at a public hearing of
the City of Little Rock Planning Commission where the Planning Commission voted to
recommend approval of the proposed regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. That Chapter 36., Section 36-513. be deleted in its entirety and replaced
with the following text:
Sec. 36-513. Motor Vehicle parking on residential properties.
(a) Any portion of a lot, tract or parcel of land zoned for residential use may
be utilized for the parking of motor vehicles unless prohibited by other provisions of the
zoning ordinance.
(b) For purposes of this section, “Motor vehicle” means a passenger vehicle,
truck, boat, camper, recreational vehicle, motorcycle, golf cart, all-terrain vehicle, trailer,
or other similar vehicle. “Motor vehicle” does not include a motorized wheelchair,
bicycle, tricycle or quadri cycle. “Paved” means treated or covered with concrete,
asphalt, pavers or other similar material and maintained in such a manner as to provide a
mud-free and dustless surface.
(c) For purposes of this section, “front yard” and “corner street side yard”
mean the open space between the pavement of the street and a line as established in this
section, extending from one side of the lot to the opposite side of the lot.
2
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(d) No person shall keep, store or park any motor vehicle, whether operable or
inoperable, on any portion of a front yard or corner street side yard of any property used
as a residence, except on a paved surface or on an unpaved, designated driveway area not
to exceed twenty (20) feet in width which leads directly from the roadway to the
residence. The unpaved, designated driveway area must be surfaced with gravel or a
similar material in a manner that does not result in the creation of dust, mud, silt or
standing water.
(e) No owner, tenant, manager or occupant of property used as a residence
shall allow or suffer another person to keep, store or park any motor vehicle, whether
operable or inoperable, on any portion or a front yard or corner street side yard of any
property used as a residence, except on a paved surface or on an unpaved, designated
driveway area not to exceed twenty (20) feet in width which leads directly from the
roadway to the residence. The unpaved, designated driveway area must be surfaced with
gravel or a similar material in a manner that does not result in the creation of dust, mud,
silt or standing water.
3
(f) The planning director may approve variances from the provisions
established by section 36-513 provided the property owner can evidence a circumstance
or hardship unique to the property. Appeals from the administrative judgement of the
staff shall be filed with the board of adjustment. The content of the filing shall consist of:
(1) A cover letter addressed to the chairman and members of the board of adjustment
setting forth the request; (2) a copy of all pertinent graphic materials or correspondence.
This filing shall occur within thirty (30) calendar days of the action by the staff.
(g) Nothing contained in this section is intended to nor shall be construed or
interpreted to permit parking that is prohibited or restricted by any other provision of this
code.
SECTION 2. SEVERABILITY. The various parts, sections and clauses of this
ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause
in adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby.
SECTION 3. REPEALER. Any ordinances or parts thereof in conflict with the
provisions of this ordinance are hereby repealed to the extent of such conflict.
SECTION 4. EMERGENCY CLAUSE. Whereas, it has been determined that it is
necessary that the proposed regulations become effective immediately to protect the quality of
life in residential neighborhoods; an emergency is hereby declared and this Ordinance shall take
effect immediately upon its passage.
PASSED:_____________________
ATTEST: APPROVED:
_____________________________ _____________________________
C i t y C l e r k M a y o r
APPROVED AS TO FORM:
City Attorney
June 17, 2004
ITEM NO.: 12 FILE NO.: MSP04-02
Name: Master Street Plan Amendment - Ellis Mountain Planning District
Location: Kanis Road near Chenal Parkway and Wellington Hills
Request: Functional Classification, Adoption of a Design Standard and
Intersection Alignment
Source: Robert Brown, Development Consultants, Inc.
PROPOSAL / REQUEST:
Master Street Plan Amendment in the Ellis Mountain Planning District for a
Functional Classification change, a change in Design Standards and adoption of
an Intersection Alignment. The first part of the application is to change the
Functional Classification of the existing alignment of Kanis Road from the
eastern intersection of Chenal Parkway eastwards to the west end of Rock
Creek Bridge. For this report, this section is referenced in this report as the
“Existing Alignment.” This section is currently shown as a local street to be built
to Commercial standards as warranted. The proposal is to change the
Functional Classification to Minor Arterial. The applicant has stated the reason
for the proposed change in the classification is “(i) Increased benefits to traffic
flow and public safety and (ii) to clarify the classification of the street under the
Master Street Plan. In the revised application, it is requested that the design
standard be a “Minor Arterial five lane without bike lanes.”
The second part of the application is to adopt a design standard of “Minor
Arterial five lane without bike lanes” for the proposed alignment of Kanis instead
of the current design standard of a right-of-way 90 feet with four-lane section,
turn lanes at major intersections, 14-foot center median, 5-foot sidewalks, and
median cuts limited to 600-foot minimum spacing” as stated in Ordinance
#17,958 (March 16, 1999). For this report, this section is referenced in this
report as the “Proposed Alignment.”
The third part of the application is to adopt an alignment of the intersection of the
Proposed Alignment with the Existing Alignment. The question is whether
through traffic continues on the Existing Alignment of Kanis Road to intersect
Chenal Parkway at the Kroger shopping center as the applicant requests or if the
through traffic switches from the Existing Alignment to the Proposed Alignment to
intersect with Wellington Hills Road.
June 17, 2004
ITEM NO.: 12 (Cont.) FILE NO.: MSP04-02
2
CURRENT MASTER STREET PLAN:
This amendment is close to the West Loop and other arterials. The West Loop
is approximately one mile to the west starting at the intersection of Rahling Road
and extending southwards crossing the western leg of Kanis Road at Edswood,
crossing Colonel Glenn Road, Lawson Road and continues southward before
intersecting I-30 at the County Line exit. Kanis Road west of Chenal Parkway is
a Minor Arterial westward to the Burlingame Road intersection where it becomes
a Principal Arterial to the planning boundary line. Rahling Road is a Minor
Arterial from Chenal Parkway to Hinson Road where it and Taylor Loop’s eastern
leg form the remainder of the Minor Arterial to continue to Highway 10.
This “Proposed Alignment” of the Minor Arterial has been shown on the Master
Street Plan since the 1988 rewrite of the plan (Ord. 15,519). The previous
version Ord. 14,210 of March 16, 1982 also shows that Kanis was a Minor
Arterial from Rock Creek Parkway to 12th Street. The graphics on page 28 of
that document clearly shows that minor arterial intersects Rock Creek Parkway
(now know as Chenal Parkway) at Wellington Hills. There have been other
changes in the area, but none to the sections in question to the west of the Rock
Creek Bridge.
The Master Street Plan shows a Minor Arterial extending southward from Rhaling
Road along Champlin/Wellington Hills/Kanis Road to the intersection of Kanis
and Cooper Orbit Road for north/south movements. (The Minor Arterial
continues on to 12th Street in an ease-west fashion.) Ordinance #16,801 (Dec.
20, 1994) changed the alignment back to the current alignment of Kanis Road
from 1100 feetr south of Baker Lane to the Rock Creek Bridge. This change
was for a segment south and east of the subject area in this amendment, but
does in the ordinance state that this is a “north-south alignment from Rock Creek
south to Cooper Orbit Road”. Minor arterials by definition provide the
connections to and through an urbanized area by providing short distance travel
(as opposed to Principal Arterials that serve through traffic and connect major
traffic generators). Generally Minor Arterials are spaced at one-mile intervals
and have a right-of-way of 90 feet. The Master Street Plan text states “newly
created or existing minor arterials that have not been partially constructed may
select either of the three approved sections at the time of the preliminary plat
applications. The preferred section is the divided four lane section.”
Ordinance #17,958 (March 16, 1999) amended the Design Standards by adding
a footnote to the section of Kanis Road from Chenal Parkway to West 12th
Street. “Design Standards for Kanis Road from Chenal Parkway to Bowman
Road shall be as follows: right-of-way 90 feet with four-lane section, turn lanes at
major intersections, 14-foot center median, 5-foot sidewalks, and median cuts
limited to 600-foot minimum spacing.” The Whereases of this ordinance state:
June 17, 2004
ITEM NO.: 12 (Cont.) FILE NO.: MSP04-02
3
“Whereas, Kanis Study Committee and Mehlburger Engineering Firm reviewed
[the] corridor and developed several alternative designs for roadway
construction; and Whereas, Planning Commission reviewed [the] Committee’s
and Mehlburgers’s work”. This study clearly shows the Minor Arterial intersecting
Chenal at the Wellington Hills intersection. This design standard would apply to
the “Proposed Alignment” as referenced in this report. This report shows the
Existing Alignment as a two lane commercial street. The through traffic would
leave the Existing Alignment for the Proposed Alignment and intersect Chenal
Parkway at Wellington Hills Road. The Proposed Alignment would include a
sweeping curve to transition from the Existing to the Proposed Alignment.
The Master Street Plan shows the “Existing Alignment” as a local street. Any
street that has non-residential zoning or multi-family zoning abutting is subject to
the standards of a Commercial Street Design Standard. The Design Standard
for a Commercial Street is a right-of-way of 60’ and a minimum paving width of
31’ or 36’ as approved on the preliminary plat. Sidewalks are to be on both sides
and five feet wide for commercial applications.
There are no plans for widening Existing Alignment outside the half street
improvements as required. A letter from Tom Carpenter, City Attorney by
Stephen Giles, Deputy City Attorney, dated April 9, 1996.states “6. The Board of
Directors denied the developer’s request for a waiver of half commercial street
improvements to Kanis Road along the boundary of the property.” Plans for
building proposed alignment are clarified in the same letter. It states “4. The
developer agreed to construct full width for one half of the length of the unnamed
arterial on the east side of the property, but the cost would not exceed one half of
the cost of half width improvements for the total boundary length.”
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the Rock Creek Neighborhood Action Plan. The 1998
plan states to: “Realign Kanis Road to intersect with the eastern portion of Kanis
Road and no longer intersect with Chenal Parkway” and “Complete Champlin
Drive and Villages of Wellington Road to Kanis Road, and construct the
intersection of Chenal Parkway and Champlin Drive; fund with a bond issue
(build prior to development)”. These objectives in the plan are contrary to
portions of the Master Street Plan and the amendment as filed.
June 17, 2004
ITEM NO.: 12 (Cont.) FILE NO.: MSP04-02
4
HISTORY:
Z-6318 In the Dairyland PCD Final Approved Site Plan, “half street
improvement for a 36’ collector street section” were noted. Also, Kanis Road
intersections to be constructed to Master Street Plan Standard on Southwest ¼
of proposed intersection.
A Dedication Deed dated mid April 1998 for dedication of right-of-way for
property along Chenal Parkway and at the southwest corner of the intersection of
Kanis and Chenal. This dedication does not include any dedication along Kanis
Road.
S-1154 In the Dairyland PCD Final Approved Site Plan, “half street improvement
for a 36’ collector street section” were noted. Also, Kanis Road Intersections to
be constructed to Master Street Plan Standard on Southwest ¼ of proposed
intersection.
Z-4933-D Mechanics Lumber Company Long Form PCD. According to a
November 20, 1990 Minute record of the Planning Commission, Public works
stated that “Kanis Road on the Mechanics Lumber Frontage will be a two lane
collector and right-of-way is already in place.)
Warranty Deed 93 14922 states that the City of Little Rock purchased the 90’
right of way from Eugene Pfeiffer for $71,330.
ANALYSIS:
This area is in a developing section of town with constantly increasing pressures
on the road system. There is scattered development in the area. On Chenal
Parkway in this area, less than half of the parcels are developed. On Kanis, the
amount of developed land is much less. When fully developed, this area will
have major traffic concerns.
FUNCTIONAL CLASSIFICATION:
The Master Street Plan shows at different locations across the city a proposed
alignment that is different than the existing alignment. For example, Cooper
Orbit Road at Kanis, Bowman and 36th Street area and Ironton Road at Dreher
Cutoff. These proposed alignments would improve flow of traffic in the area by
providing better alignments of the specific intersections, more space for
additional lanes, better sight distances, less time delays, etc.
If the Functional Classification is changed to a Minor Arterial, there are conflicts
with the spacing of the driveways into the Kroger shopping center. If this was a
new development, the closest a drive could be to the intersection is 300 feet.
June 17, 2004
ITEM NO.: 12 (Cont.) FILE NO.: MSP04-02
5
This driveway is approximately 150 feet from the south right-of-way line of
Chenal Parkway. There is a second drive to serve the center located
approximately 190 feet to the south of the first. This spacing of the northern
drive creates conflicts of movements that should not be condoned. If the Design
Standard is approved, should not the driveway spacings be considered also? If
so, the two drives serving the center should be consolidated towards the south.
The possibility of aligning the drive to be across from the entrance to the National
Home Center’s drive and serving as a shared drive between the shopping center
and the carwash property should be explored.
DESIGN STANDARD:
Ordinance #17,958 (March 16, 1999) amended the Design Standards by adding
a footnote to the section of Kanis Road from Chenal Parkway to West 12th
Street. “Design Standards for Kanis Road from Chenal Parkway to Bowman
Road shall be as follows: right-of-way 90 feet with four-lane section, turn lanes at
major intersections, 14-foot center median, 5-foot sidewalks, and median cuts
limited to 600-foot minimum spacing.” The proposal from the applicant is to
accept one of the pre-approved standard sections as stated in the Master Street
Plan. The application is to accept the “Minor Arterial 5 Lane without Bike Lane”
as the standard. It is described as having a right-of-way of 90 feet with five-lane
section with a continuous left turn lane, 5-foot sidewalks along the property line.
The major difference between the proposed and the existing is the deletion of the
median and the deletion of a minimum of 600’ spacing of median cuts in the
proposed. According to the Tax Assessors’ maps and deeds, the total length of
the right of way that the City owns for the Proposed Alignment is 628’. This
issue of 600’ spacing of median cuts in this segment would limit access to right in
and right out since left hand turns off of the roadway would be prohibited. If the
design standard is changed, the access should be as far from the intersections
as possible and be coordinated with access on both sides of the street.
INTERSECTION ALIGNMENT:
The Master Street Plan does not necessarily define intersection alignments. It
does specify which is the through movement. A through movement could be
defined as proceeding through an area or intersection following the straight or
curving roadway without making conscious left or right turns. The plan currently
shows the through movement of traffic (if traveling north-west on Kanis) to leave
the current alignment of Kanis after passing over the Rock Creek Bridge and
enter the Proposed Alignment along a sweeping curve to intersect with
Wellington Hills at Chenal Parkway. A motorist would be forced to make a left
turn onto the Existing Alignment of Kanis Road at the intersection. The
application would change this to where the through traffic would continue on
Kanis Road and intersect Chenal Parkway at the Kroger Shopping Center. A
motorist would be forced to make a right turn onto the Proposed Alignment of
Kanis Road at the intersection.
June 17, 2004
ITEM NO.: 12 (Cont.) FILE NO.: MSP04-02
6
TRAFFIC STUDY:
The applicant provided Staff with a traffic study titled “Traffic Study Kanis Road
Master Street Plan Issue prepared for: Whisenhunt Investments:” It shows
different scenarios: the existing condition; Scenario One with the alignment as
proposed with the through traffic continuing on Kanis Road; Scenario Two with
the through traffic continuing on the Proposed Alignment; Scenario Three based
on the Scenario One alignment with additional lanes added to the existing and
proposed alignments; and Scenario Four based on the Scenario One alignment
with additional lanes added to Chenal Parkway as well as the ones previously
mentioned. The Level Of Service (LOS) numbers are based on the three
intersections. The overall LOS for Existing Conditions of the Chenal/Kanis
intersection are D and C.
Scenario One and Two are based on the following statement: “Projected traffic
conditions include projected traffic generated by a variety of development in the
vicinity of Chenal Parkway, Kanis Road and Wellington Hills Road plus existing
traffic volumes with a 10 year growth factor included for two different alignments
of the planned Wellington Hills Road Extension.” The Chenal Parkway and
Kanis Road intersection in both scenarios received an “F” in the a.m. peak hour
and an “E” in the pm peak hour. The Chenal Parkway and Wellington Hills
intersection received a “D” in the a.m. peak hour in both scenarios, but in the
p.m. peak hour, it received a “C” in Scenario Two and a “D” in Scenario One.
The Kanis Road and Wellington Hills intersection was the last intersection
reviewed. This is the intersection of the alignment discussion. In both scenarios,
the a.m. peak hour received an “A”, but in the p.m. there is a discrepancy. There
is a typo on the p.m. movements of Kanis Road and Wellington Hills Road
intersection. The supplemental files provided with the report state that the EBRT
– eastbound right turn movement received a grade of “A” while the text of the
report gave it an “F”. This would change the Overall Intersection grade from a
“D” to an “A”. Overall, the traffic study for Scenario One and Scenario Two are
not radically different.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Spring Valley
Manor POA, Parkway Place POA, St Charles POA, Carriage Creek POA as well
as representatives of the Wellington Hills area (Bob Tyler and Doug McNeil).
Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes all changes are appropriate.
June 17, 2004
ITEM NO.: 12 (Cont.) FILE NO.: MSP04-02
7
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes,
and 2 absent.
June 17, 2004
ITEM NO.: 13 FILE NO.: 301
NAME: George Island Annexation
REQUEST: Annexation of 2.11± Acres
LOCATION: North of Highway 10 and East of Chenal Parkway
SOURCE: Ed Willis and City of Little Rock
GENERAL INFORMATION:
• The area requested for annexation currently has two homes.
• There are two owners, DLG Revocable Trust and Glenn Gibbons.
• The site in question is rectangular in shape, 328 feet east-west by 283
feet north-south. Total area is approximately 2.11 acres.
• One island is totally closed by this annexation.
• Currently the property is zoned “C-3” General Commercial.
AGENCY COMMENTS:
Public Safety:
Fire: The Fire Department as indicated that they have no problems or concerns
with the annexation of this island.
The closest two fire stations are on Chenal Drive near LaMarche Drive
and on Southridge Drive at Cantrell Road. Each of these stations is over
2 miles driving distance on the existing street network.
Police: No Comments received.
Police services for this area would be based out of the north substation.
The ‘island’ is within Patrol District 72.
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comments Received.
The closest current bus route is over 3 miles away at Rodney Parham and
Pleasant Ridge Road.
June 17, 2004
FILE NO. 301 (Cont.)
2
Parks and Recreation: The Parks and Recreation Department indicates they
have no concerns related to this annexation.
The City’s Master Parks Plan shows a deficit in park/open space for the
area included in this annexation. At the time of development, additional
recreation or open space should be considered in or near this site.
Public Works: The Public Work Department indicates they have no concerns
related to this annexation. The Traffic Engineering Division of Public
Works has indicated there is no money for streetlights and if streets lights
are desired the property owner would need to establish an improvement
district to maintain and operate the lights.
Utilities:
Central Arkansas Water: Central Arkansas Water (CAW) indicates they have no
objection to the annexation, but that fire hydrant(s) will be needed in the
area. This hydrant or hydrants will have to be installed at the
owner/developers expense. The location and construction of the
hydrant(s) should be coordinated with the Fire Department and CAW.
There is an existing water line, which passes in front (along Highway 10)
of the area under consideration for annexation. This line is of 6-inch
diameter. Extension of water will be at the cost of the developer.
Entergy: Entergy (AP&L) has indicated they have no concerns or problems with
the island annexation.
Centerpoint-Energy: Centerpoint-Energy Arkla has indicated they have no
concerns or problems with the island annexation.
Wastewater Utility: The Little Rock Wastewater Utility does no have any
concerns or objections to the proposed annexation. They report that there
is an existing sewer line on the opposite side of Highway 10, which could
serve this area. It should be noted that any extensions would be at the
cost of the owner/developer.
Schools:
Little Rock: The Little Rock School District has indicated that they have no
issues or concerns about the proposed annexation.
The area under consideration is not within the Little Rock School District.
June 17, 2004
FILE NO. 301 (Cont.)
3
Pulaski County Special: No Comments Received.
The site is in the Pulaski County Special School District. The schools
serving this site are: Joe T. Robinson Elementary, Junior High and
High Schools.
ANALYSIS:
The area under consideration for annexation is approximately 2.11 acres that is
surrounded by the City of Little Rock. The City has had zoning for this land for
over a decade. The currently zoning is C-3, General Commercial. This
classification was approved within the last year. The property consists of two
homes. The owners are related by marriage, the wife’s parents.
A representative of the owners met with City Staff about the City annexing this
property as an ‘island’. The Staff agreed to initiate the annexation based on Act
314 of 1979, which gives the City authority to annex lands totally surrounded by
the City. The hearing before the Little Rock Planning Commission is in addition
to the requirements of Act 314 of 1979.
Some of the reasons to annex any island are that since it is totally surrounded:
• services may accidentally be provided;
• with services already provided all around the ‘island’, providing them to
this area would not be of a significant burden to the City;
• to eliminate confusion;
• to ensure that the City gets any benefits from the development of the land
‘within’ the City.
With the new Wal-Mart Supercenter under construction across the street and the
recent rezoning of the property to commercial, the redevelopment of this property
is likely. While Subdivision and Zoning regulations are already effective on this
property, building permit and other City regulations are not. This area is likely to
be part of a major commercial lode, and the City wishes to assure that any new
development is built using the highest quality.
Initially the City will increase its population slightly, since there are two occupied
homes in the area. But the long-term benefit to the City is the tax base that the
property will bring as it is converted to non-residential use.
The usual notices were distributed to City and Outside Agencies and no
significant concerns were raised. Since this is an ‘island’ annexation, the Little
Rock Board of Directors has set a Public Hearing to hear comments on July 20,
2004. This is a requirement of Act 314 of 1979.
June 17, 2004
FILE NO. 301 (Cont.)
4
As required by law a special legal advertisement will be done and the two
property owners will be notified by registered mail of that hearing. The findings
from this hearing before the Planning Commission will also be provided to the
Board of Directors at that required hearing.
The land south of Highway 10 was annexed to the City in 1991 as part of the
‘Chenal Mountain’ annexation. This annexation included the right-of-way for
State Highway 10. An annexation in 2000 on the north side of Highway 10
brought in lands to the east, west and north of this area. The result of the 2000
annexation, Pfeifer-East Annexation, was to make this an island.
With the development activity around this ‘island’ and the recent zoning activity in
the ‘island’, redevelopment appears imminent. To assure the orderly
development of the area and that all City regulations are followed in an area
people will assume is part of the City, annexation to allow enforcement would
appear reasonable. If approved the annexation would increase the City’s area
0.0028 percent.
Staff Recommendation:
Approval
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The item was placed on Consent Agenda for approval. By a vote of 9 for,
0 against and 2 absent, the item was approved.
June 17, 2004
ITEM NO.: 14 GRANITE MOUNTAIN - AUDUBON OVERLAY
Owner: Various
Applicant: City of Little Rock
Location: Along and 300 feet within site of State Highway 365 from
Roosevelt Road south and east to city limits
Area: 144 acres plus or minus
Request: Establish an Overlay for the area
Purpose: To assure redevelopment in the area is pedestrian friendly
and compatible with the proposed Audubon Facility at
Granite Mountain.
Existing Use: Commercial (zoned C3 and I2), Residential (zoned R2 and
I2) and vacant land (zoned R2, C4, C3 and I2)
SURROUNDING LAND USE AND ZONING
North – Cemeteries (zoned R3) Schools (zoned R4 and R3), and
Shopping Center (zoned C3)
South – Various uses: mining, residential and agricultural (not zoned)
East – Along corridor, Industrial with some residential uses north of I-440
(zoned I2), Public uses and homes south of I-440 (zoned R2 with
small areas of C3 and I2)
West – Along corridor, Residential with a few businesses (zoned I2) north
of I-440, south of I-440 Residential with a few businesses (zoned
R2, C3, I2 and PR)
A. TRANSPORTATION ELEMENT:
1. Confederate Blvd./Springer Avenue (State Highway 365) is classified
as a Minor Arterial. This street is not currently built to standard.
Dedication of right-of-way and street improvements to Master Street
Plan standard will be required upon redevelopment of the adjacent
land to this road.
June 17, 2004
ITEM NO.: 14 GRANITE MOUNTAIN – AUDUBON OVERLAY (Cont.)
2
2. Existing public transportation is supplied by Bus Route 6 (Granite
Mountain), which runs along Confederate Blvd./Springer Avenue to the
former Booker Homes site.
B. PUBLIC NOTIFICATION:
The citizen group lead by Audubon drafted the Standards. Two mailings
were made to property owners to receive comment (only minimal
responses were made). A representative presented a draft of the overlay
to the Granite Mountain Neighborhood Association at their April meeting.
Notice of the Public Hearing before the Planning Commission was sent
the property owners within the area as well as the Neighborhood
Associations surrounding the area.
C. LAND USE ELEMENT:
This request is located in the I-30 Planning District. The Land Use Plan
along Confederate Blvd. shows Light Industrial to the east and Service
Trades District to the west. An Overlay considers design not use of the
land.
Along Springer Avenue, the Plan shows Park Open Space for the Fourche
Creek and as well as Parks -- Granite Mountain and Booker. Single
Family is shown from 38th to Detroit. Along the north side of Springer
Avenue east of Detroit, Mixed Use is proposed with Single Family to the
south.
The request does not require a change to the Land Use Plan.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area not covered by a neighborhood
plan.
D. STAFF ANALYSIS:
In the first few months of 2003, Planning Staff was asked to work with
Audubon Arkansas to look at the transportation and aesthetic concerns
the group had about the future of Confederate/Springer. Representatives
of Audubon met with Planning Staff to discuss the group’s plans and
vision for the area.
During the spring of 2003, Planning Staff examined the area – Census
statistics, roads and transportation both existing and possible future
June 17, 2004
ITEM NO.: 14 GRANITE MOUNTAIN – AUDUBON OVERLAY (Cont.)
3
developments, land use controls – both design and use. After discussions
with other public agencies about the area, Staff developed some general
recommendations for Audubon Arkansas. This information was sent to
them in late May 2003.
Audubon Arkansas asked that the City start a process for an Overlay.
Over the summer of 2003 a Committee was put together: two Planning
Commissioners, League of Women Voters representative, Audubon and
City Parks representatives. The two neighborhood associations were
contacted for representative but no attendees or contacts were
developed. The Committee met twice a month on Monday afternoons.
A ‘concepts’ sheet was developed for a possible Overlay along with
possible changes to the City Land Use Plan and Master Street Plan. This
was done over the fall months of 2003. After Thanksgiving a letter was
mailed to property owners with the ‘concepts’ as well as possible Land
Use, Zoning and Master Street Plan changes, with a request that
comments be returned before Christmas 2003. In addition the letter
invited anyone interested to attending the meetings of the Committee to
provide contact information.
Most of the responses were informational requests. However a couple of
owners did express some concerns or questioned the need to do
anything. Several (four) property owners responded and started attending
the meetings. Information about the responses was provided to the
Committee members.
It should be noted that attendance at the Committee meetings varied
greatly. However a summary of each meeting was distributed to the
twelve individuals who had been appointed or volunteered for the
Committee. During January and February 2004, a draft Overlay was
developed and the other proposals were refined (Land Use Plan and
Master Street Plan changes).
The draft Overlay and proposals for a Land Use Plan and Master Street
Plan change were distributed to property owners for comments during
March and early April 2004. Planning Staff along with a couple of
Committee members attended the April Granite Mountain Neighborhood
Association meeting to present the proposals.
There was only one written response to the second mailing. Only a
couple of informational calls were generated from this mailing. The one
letter was distributed to the Committee members.
At this point Staff reviewed the proposals to see if support could be given
to the various requests. In April and May 2004 information about the letter
June 17, 2004
ITEM NO.: 14 GRANITE MOUNTAIN – AUDUBON OVERLAY (Cont.)
4
responses and Staff recommendations was given to Committee members.
With attendance waning, it was decided to proceed to Public Hearings.
Staff contacted Audubon Arkansas and it was agreed to proceed to public
hearing on the proposals. The request is therefore to approve a Design
Overlay, amend the City Land Use Plan and amend the Master Street
Plan (items for the latter two follow this one on the Commission’s agenda).
The Overlay requires the following:
• Area: Three hundred (300) feet either side and adjoining State
Highway 365 from Roosevelt Road to the City Limits
• Setback: From Confederate 15 feet, from Springer 25 feet
• Signage: No pole or off-premise signs, monument signs maximum
area 30 SF and 6-foot height
• Landscape/Streetscape: Rather than street buffer, eight-foot
sidewalk (on curb – Confederate, no property line – Springer)
Street-trees on Confederate every thirty feet in 4x4 well.
• Plantings: Special listing for utility pole frontage and non-utility pole
frontage
• Vehicular use and service areas: allow for porous materials with
approval, surface parking only on side and rear not abutting street,
service ad loading dock areas only on side and rear not abutting
street
• Outdoor lighting: lighting must be inward and downward and a
lighting plan is required, maximum height in 20 feet.
• Exceptions: must use the Planned Zoning District process
This is a zoning overlay district, thus the above regulations would modify
the current zoning ordinance requirements. The regulations are not
retroactive; therefore they would affect only properties, which expanded or
built new structures.
The primary concerns expressed about implementing the Overlay are:
• The need or desirability of making the changes at all,
• The piecemeal development pattern which would result,
• Particular concern about the need for such a wide sidewalk and
negative effects that the street-trees could cause (site-distance,
maintenance, safety)
The members of the Committee did not vote on changes, but rather
changes were generally consensus. There are one or more of the
individuals on the Committee who feel that the proposals go too far or not
far enough.
June 17, 2004
ITEM NO.: 14 GRANITE MOUNTAIN – AUDUBON OVERLAY (Cont.)
5
E. STAFF RECOMMENDATION:
Since this is a State Highway, staff recommends adding wording on the
“Landscape/Streetscape” section to have State Highway Department
review of swales. Approval with this change.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Vice Chair Stebbin asked if the applicant wished to defer the item since there
were only eight commissioners. Mr. Malone of the Planning Staff indicated that
Mr. Smith, Executive Director of Audubon should be the one to make that
decision. Mr. Smith indicated that it would be good to at least let the issues be
“aired”. However since the Commission’s policy was to either hear the item or
defer without hearing, he felt it would be better to defer. By a vote of 8 for and
0 against the item was deferred to July 29.
June 17, 2004
ITEM NO.: 14.1 FILE NO.: LU04-07-01
Name: Land Use Plan Amendment - I-30 Planning District
Location: South of Roosevelt either side of Confederate Boulevard
Request: Industrial and Service Trades to Mixed Use
Source: Granite Mountain – Audubon Working Group
PROPOSAL / REQUEST:
Land Use Plan Amendment in the I-30 Planning District from Industrial and
Service Trades to Mixed Use. The Mixed Use category provides for a mixture of
residential, office and commercial uses to occur. A Planned Zoning District is
required if the use is entirely office or commercial or if the use is a mixture of the
three. The applicant wishes to encourage retail, office and residential uses in
this area.
EXISTING LAND USE AND ZONING:
The property is currently zoned I-2 Light Industrial and is approximately 23 acres
in size. The property to the north is zoned R-3 Single Family, R-4 Two Family
and C-3 General Commercial for a cemetery, school and shopping center
respectively. The property to the west and east is zoned I-2 Light Industrial with
various warehouse and distribution uses located there, in addition to some
vacant land. The property to the south is zoned R-3 Single Family and is
floodway and floodplain of the Fourche Creek.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
LU03-07-03: A Planned Use Plan Amendment from Mixed Use and Light
Industrial to Service Trades District west of Confederate Boulevard and Industrial
to Light Industrial to the east of Confederate. This change made in 2003, was
the result of the East of I-30 Study.
LU00-24-01: A Land Use Plan to Multifamily, Public, Mixed Use, and Single
Family from Public, Commercial and Mining. These changes were either side of
Springer Avenue east of Gillam Park Road. This change made in 2001, was to
reflect changes in use that had occurred over the previous few years.
LU99-07-01: A Land Use Plan to Mixed Use and Light Industrial from Industrial
for an area east of Confederate Boulevard south of Roosevelt Road. This
June 17, 2004
ITEM NO.: 14.1 (Cont.) FILE NO.: LU04-07-01
2
change made in 2001, was an expansion of a request that had been made in
order to rebuild a home after a fire on Welch Street.
The application area is shown as Light Industrial or Service Trades on the Future
Land Use Plan. The property to the north is shown as Commercial and Public
Institutional. The property to the east is shown as Light Industrial. The property
to the west is shown as Service Trades. The property to the south is shown as
Park Open Space.
MASTER STREET PLAN:
Confederate Boulevard and Roosevelt Road are both classified as Minor Arterial
Streets. Confederate Boulevard is not built to standard, additional right-of-way
and street widening will be required. There are no bikeways affected by this
amendment.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows with the
inclusion of school recreation facilities and the proposed “Earth Trail” along
Fourche Creek, this area is within the 8-block recreational zone. Approval of the
amendment will place residential uses in this area.
HISTORIC DISTRICTS:
The application area is not located in a Historic District.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The application area lies in the area not covered by a City recognized
Neighborhood Plan.
ANALYSIS:
The area in question was zoned to Industrial in 1976. The bulk of the area had
been ‘B’ zoning, which was one of Little Rock’s residential zoning at the time. A
large amount of ‘C’ zoning was located along Confederate and south of 28th
Street. ‘C’ zoning was, two-family zoning. The existing use of the area at the
time was primarily single family and two-family. The current use remains
predominately single family and two-family. It should be noted that the Little
Rock Zoning Ordinance of that time was a ‘pyramid’ system. That is single
family was on top, and then the next category added uses and so on. So that
one only added to the permitted uses never lost a use, as the current zoning
requires.
June 17, 2004
ITEM NO.: 14.1 (Cont.) FILE NO.: LU04-07-01
3
The use pattern has not changed greatly in the almost three decades since the
zoning of the area to industrial. In 1999, there was a request to rebuild a home
on Welch Street. Since the zoning was I-2, Light Industrial, the property owner
was told they could not have a permit to rebuild their home after a fire. An
application was then filed to rezone their lot to R-2, Single Family. A Land Use
Plan amendment was also filed. Since the area had a mix of non-residential
uses in a predominately residential area, Mixed Use was recommended for this
area.
Based on the existing use pattern and the desire to allow individuals to rebuild
their homes, the Land Use Plan was changed to Mixed Use for this area in 1999.
However the zoning remained I-2, Light Industrial, except for one lot that was
reclassified to R-2 Single Family.
The review of this area in 2002 as part of the East of I-30 Study was part of a
larger effort, which looked at everything within the boundary of Interstate 30, the
Fourche Creek and the Arkansas River. That review was therefore general. As
for the Land Use Plan, the dominant use of the area north of Interstate 440 from
Interstate 30 to the Airport was seen as industrial or support to industrial. This
was based on both the existing land use and zoning pattern of the area.
Due to the School and lack of need for truly industrial use areas, the East of I-30
Study envisioned the area west of Confederate and south of Roosevelt as a
more support use area to the industrial and other uses in the vicinity. The
Service Trades District is meant for this type of use, office and support
businesses to industrial and heavy commercial uses. The zoning was not
changed but remained I-2, Light Industrial with one lot of R-2, Single Family.
Audubon Arkansas working with others decided to locate to the former Booker
Homes site about this same time. The Audubon group intends to make a major
investment in the area and bring new groups into this section of Little Rock.
They would like to see environmentally and pedestrian friendly development,
which uses nontraditional modes of transportation (walking and biking). Further
Audubon Arkansas sees Confederate Boulevard as the front door to their
development.
It is their belief that as a result of the new use and activity they will generate in
Granite Mountain, that property owners along Confederate Boulevard will want to
reinvest to take advantage of this activity. While they welcome this, Audubon
Arkansas wants to assure that new development is in keeping with the spirit they
will set. To this end Audubon Arkansas along with input from a working group
have developed an Overlay and this Land Use Plan amendment.
June 17, 2004
ITEM NO.: 14.1 (Cont.) FILE NO.: LU04-07-01
4
The intent of the amendment is to encourage both retail and residential in this
area. This use pattern would be supportive not only to the Audubon project but
also to the other neighboring intense uses. Further it is hoped that this change
would encourage the existing homeowners to maintain their homes with out the
concern that residential was not permitted in the vicinity.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Granite Mountain
Neighborhood Association and the Community Outreach Neighborhood
Organization. The letter notifying property owners of the Overlay included
information about this proposed Land Use Plan Amendment. Staff has received
one comment from area residents.
STAFF RECOMMENDATIONS:
Approval
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The item was placed on Consent Agenda for approval. By a vote of 9 for,
0 against and 2 absent, the item was approved.
June 17, 2004
ITEM NO.: 14.2 FILE NO.: MSP04-03
Name: Master Street Plan Amendment to modify design standard
Location: Springer Avenue 38th Street south and east to city limits
Source: Audubon – Granite Mountain Overlay Working Group
STAFF REPORT:
A working group setup to look at and develop a design overlay district along
Springer Avenue also discussed transportation issues. The desire of Audubon
Arkansas is to have a pedestrian – bicycle friendly transportation system. They
hope to see more non-motorized transportation used to access their new facility
planned for the area.
Springer Avenue is classified as a minor arterial but is currently a two-lane state
highway. The arterial classification dates back over three decades. During this
time period, there has been little new development in the corridor.
The working group asked for traffic court information on the road. This data
showed through 2025, traffic should remain at 3,000 to 6,000 trips a day. This is
within the serviceability of a two-lane road. While no one questioned that
Springer Avenue “functioned” as an arterial, they did question the need to widen
the road.
Since Springer Avenue should not have a traffic demand needing more than two
lanes at least through 2025, the group is asking that the design width of the road
be only 36 feet of paving. This, based on traffic projections, would be sufficient
for at least twenty years.
Springer Avenue is a state highway (S.H. 365). Staff has discussed likely future
development of the road with AHTD. They indicate in the short-term no
improvements are expected for this road. The railroad overpass shown on the
regional transportation plan for north of the I-440 interchange is not on the
Highway Department’s plans. The Department does, however, recommend
against changing the design standards. They further recommend that “in-lieu”
fees be used for this road rather than requiring developers to widen the road.
They believe this is the most efficient use of public dollars.
The city engineers also have concerns about changing the Master Street Plan
design standards. This road is designed as an arterial and should remain as
June 17, 2004
ITEM NO.: 14.2 (Cont.) FILE NO.: MSP04-03
2
such. Volumes are in the range of 5,000 vehicles per day and the planned
arterial must be maintained to be able to address future growth in the area. The
Master Street Plan is to address future growth needs and if the standards were
downgraded, the City would have a problem regarding the standard back to that
of an arterial. Just because an arterial is not built to standard does not mean
that there is no need.
STAFF RECOMMENDATION:
Denial
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
The item was placed on Consent Agenda for withdrawal. By a vote of 9 for,
0 against and 2 absent, the Commission approved the withdrawal.