pc_07 29 2004
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JULY 29, 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
Jerry Meyer
Chauncey Taylor
Members Absent: Robert Stebbins
City Attorney: Cindy Dawson
III. Approval of the Minutes of the June 17, 2004 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JULY 29, 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-7570 James Day Care Family Home – Special Use Permit
6805 Woodson Road
E. Z-7627 Woodlands Edge Subdivision Recreational Facility
Woodlands Trail Drive
F. Z-7631 Graham Temple C.O.G.I.C. Family Life Center –
Conditional Use Permit
4307 Frazier Pike
G. Ordinance Amending Section 36-556.(b) to add Stagecoach Road and a portion
of Colonel Glenn Road to the list of Scenic Corridors.
H. Granite Mountain – Audubon Overlay, a Design Overlay District for State
Highway 365 from Roosevelt Road south and east to city limits.
II. NEW ITEMS:
1. Z-3292-H Rezoning from PCD to O-3
Southwest corner of West Markham Street and Atkins Road
2. LU04-11-03 Amendment in the I-430 District from MOC to CS
Between Shackleford Road and I-430 North of
Old Shackleford Road
Agenda, Page Two
II. NEW ITEMS: (CONT.)
2.1. Z-4923-B Rezoning from PCD to O-2 and C-2
Southwest corner of S. Shackleford Road and I-430
3. Z-7670 Rezoning from O-3 to O-1
4305 Barrow Road
4. LU04-20-01 Amendment in the Pinnacle District from Single Family
to Office and Mixed Office and Commercial
North of Cantrell Road between Ranch Blvd. and Valley
Ranch Drive
4.1. Z-7684 Rezoning from R-2 to O-3
East side of Chenonceau Blvd., North of Cantrell Road
5. Z-7685 Rezoning from R-2 to O-3
South side of Valley Ranch Drive, North of Cantrell Road
6. Z-7671 Henderson Day Care Family Home – Special Use Permit
1312 Hendrix
7. Z-7672 Britton Day Care Family – Special Use Permit
8701 Verbena Drive
8. Z-7673 Griffin Day Care Family Home – Special Use Permit
4521 Timberland Drive
9. Z-7674 Cottrell Day Care Family Home – Special Use Permit
63 Saxony Circle
10. Z-7675 Hunter Day Care Family Home – Special Use Permit
8605 Herrick Lane
11. Z-7676 Lovelace Day Care Family Home – Special Use Permit
8 Timber Valley Cove
12. Z-7678 Dean Day Care Family Home – Special Use Permit
9517 John Hancock
13. Z-7682 Goss Day Care Family Home – Special Use Permit
6709 Lantana
14. Z-3168 Rock Creek Covenant Release
SE corner of Markham and Bowman
Agenda, Page Three
II. NEW ITEMS: (CONT.)
15. Z-3263-B Carr Enterprises – Revised Conditional Use Permit
415 East 9th Street
16. Z-5668-E Home Depot – Revised Conditional Use Permit
12610 Chenal Parkway
17. Z-7669 Chapple Day Care Center – Conditional Use Permit
5104 Baseline Road
18. Z-7677 Abraham Day Care Center – Conditional Use Permit
8824 West 34th Street
19. Z-7679 Davie Accessory Dwelling – Conditional Use Permit
4714 Westwood Avenue
20. Z-7680 DD and F Building – Conditional Use Permit
411 East 6th Street
21. Z-7681 Godley Transitional Housing – Conditional Use Permit
2123 Howard Street
22. Z-7683 Baird Transitional Housing – Conditional Use Permit
3316 West 12th Street
23. G-25-191 Kavanaugh Blvd. Name Change to Richard B. Hardie Drive
Between Kavanaugh Place and McKinley
July 29, 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.
July 29, 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.
July 29, 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.
July 29, 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.
July 29, 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.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the City Attorney’s Office had requested to
defer the application to the September 9, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
July 29, 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.
July 29, 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.
July 29, 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
July 29, 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.
July 29, 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.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The item was placed on the consent agenda for deferral to the September 9,
2004 Planning Commission meeting. A motion was made to waive 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 10 ayes, 0 noes and 1 absent.
July 29, 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.
July 29, 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.).
July 29, 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.
July 29, 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.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the September 9, 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.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
July 29, 2004
ITEM NO.: D FILE NO.: Z-7570
Name: James Day Care Family Home – Special Use Permit
Location: 8605 Woodson Road
Applicant: Carolyn A. James
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
8605 Woodson Road.
Public Notification:
All owners of property located within 200 feet of the site, all residents located
within 300 feet who could be identified, and the Wakefield and SWLR United for
Progress Neighborhood Associations were notified of the public hearing.
Staff Analysis:
6805 Woodson Road is located at the southeast corner of Woodson Road and
Newstead Drive. All surrounding properties are zoned R-2 and contain single
family residences. There is a mixture of commercial and industrial uses to the
north, along West 65th Street.
The applicant’s home is a one-story brick and frame structure and is typical of
those in the general area. The front yard is fenced and provides a safe play
area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00
p.m., Monday through Saturday. The applicant has noted that she will have one
(1) employee, as required by the State Department of Human Services.
There is a one-car concrete driveway from Woodson Road, with parking for three
(3) vehicles, including a single-car carport. On inspection, staff observed four (4)
vehicles parked in the rear yard on unpaved surface. The applicant informed
staff that some of the vehicles will be removed from the property. The applicant
has discussed constructing a concrete parking pad on the south side of the
driveway and carport. There should be sufficient space for drop-off and pick-up
of children.
July 29, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7570
2
The applicant is currently licensed by the State to care for five (5) children. She
is in the process of being licensed to keep up to 10. The applicant has noted
that the majority of the children she cares for live in southwest Little Rock
neighborhoods.
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 met
with personnel of the Pulaski County Circuit Clerk Recorder’s office and was
unable to locate a Bill of Assurance for this neighborhood.
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:
a. This use may be located only in a single family home, occupied by the care
giver.
b. Must be operated within licensing procedures established by the State of
Arkansas. State regulations shall control the number of employees residing
off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day care
centers are not allowed by right.
Special Use Permits are not transferable in any manner. Permits cannot be
transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application, as long as the applicant ceases parking vehicles on the grass in the
rear yard. Staff feels that the proposed day care family home at this location will
have no adverse impact on the general area. There are no permitted/licensed
day care family homes or day care centers within 300 feet of the site.
Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 6805 Woodson Road, subject to the following conditions:
July 29, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7570
3
1. Compliance with the site and location criteria established in Section 36-
54(e)(3).
2. Compliance with the following additional site and location criteria as
approved by the Planning Commission on February 12, 2004 and the
Board of Directors on March 16, 2004:
a. This use may be located only in a single-family home, occupied by
the caregiver and which is the full time residence of the caregiver.
b. 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 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.
c. 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.
d. A copy of the day care family home’s current State of Arkansas
license must be submitted to the City Collector’s Office each year at
the time of payment of the annual business tax.
e. All vehicles must be parked on a paved surface.
f. All vehicles located on the site must be operational.
g. 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.
h. 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.
i. The Fire Marshall must approve use of the residence for the proposed
day care family home.
3. There is to be no signage beyond that permitted in single family zones.
4. Outdoor activities, including playground use, are to be limited to day-light
hours.
July 29, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7570
4
PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004)
Staff informed the Commission that the application, along with the other day care
family home – special use permits on this agenda, needed to be deferred to the
March 25, 2004 Planning Commission agenda pending completion of the review
of Ordinance regulations regarding day care family homes and special use
permits.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 25, 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: (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.
With a vote of 10 ayes, 0 nays and 1 absent, 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 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 applicant submitted a letter requesting
that the application be deferred to the July 29, 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 29, 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.
July 29, 2004
ITEM NO.: D (Cont.) FILE NO.: Z-7570
5
STAFF UPDATE:
Staff reinspected the site on July 1, 2004. The reinspection revealed that the
concrete driveway had been extended, and there is currently parking for at least
five (5) vehicles (including the carport). A new parking pad has also been
constructed for the detached garage in the rear yard. Staff observed no vehicles
parked on unpaved area. Staff also observed no vehicles which were not
operational.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Carolyn James was present, representing the application. Staff gave the results
of the July 1, 2004 reinspection. Staff noted that the proposed day care family
home use would conform to the requirements found in Section 36-54(e)(3) of the
City’s Zoning Ordinance. After the discussion, the Committee forwarded the
issue to the full Commission for final action.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Carolyn James was present, representing the application. There was one (1)
objector present. Staff presented the item with a recommendation of approval.
Staff noted that the driveway had been widened to provide parking for at least
five (5) vehicles, and that there were no vehicles parked in the rear yard in the
grass.
Troy Laha addressed the Commission in opposition to the application. He stated
that a day care is a business use which should not be allowed in residential
areas. He stated that there were vehicles parked in the grass.
Carolyn James addressed the Commission in support of the application. She
provided the commissioners with photos of the site and explained the recent
improvements to the driveway.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 8 ayes, 2 nays and 1 absent. The application was
approved.
July 29, 2004
ITEM NO.: E 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.
STAFF 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.
July 29, 2004
ITEM NO.: E (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.
STAFF UPDATE:
On July 15, 2004, the applicant submitted a request that this item be withdrawn,
without prejudice.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request for withdrawal, without
prejudice.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was not present. There were no objectors present. Staff informed
the Commission of the applicant’s request to withdraw the item, without
prejudice. There was no further discussion.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: F 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.
1. SITE LOCATION:
The site is located between Frazier Pike and East 39th Street, in the
College Station community. The site is outside of the Little Rock city
limits, but within the City’s extraterritorial jurisdiction.
2. COMPATIBILITY WITH NEIGHBORHOOD:
Graham Temple Church has been at this location for over 75 years and is
an important part of the community. Allowing construction of this
additional building will not affect the church’s continued compatibility with
the neighborhood. The church is located in an area of mixed zoning and
uses. Several other institutional uses, including the Pulaski County Health
Clinic, a Head Start Facility, a nursing home and an ADED office are
located across Frazier Pike, to the south. A restaurant and auto repair
garage are adjacent to the west. Single family homes are located east
and west of the proposed new building. Vacant, wooded property is
located across East 39th Street to the north.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the College Station
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is accessed by two existing driveways. One driveway leads to a
35 space parking lot. The second driveway passes under a covered drop-
off area before entering the parking lot. No changes to the driveways or
parking area are proposed. The church has a seating capacity of 300,
requiring 75 parking spaces. No change in the seating capacity of the
sanctuary is proposed, so no additional parking is required.
July 29, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7631
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinance is required.
A 6-foot high opaque screen, either a wooden fence with its face side
directed outward, a wall or dense evergreen plantings are required along
the eastern and western perimeters of the site. If there are not to be any
window or door openings, except those required by ordinance, then the
building can serve as providing the necessary screening.
The City Beautiful Commission recommends preserving as many trees as
feasible. Extra credit toward fulfilling Landscape Ordinance requirements
can be given when properly preserving trees of 6-inch caliper or larger.
Trees to be preserved must be protected to their dripline with protective
fencing.
5. PUBLIC WORKS COMMENTS:
1. This site is outside of the corporate limits, but within the extraterritorial
jurisdiction.
2. Frazier Pike is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
Show the centerline of Frazier Pike on the survey.
3. Provide design of street conforming to the Master Street Plan.
Construct one-half street improvement to these streets including 5-foot
sidewalks with planned development.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer service not available to this site at this time.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: Approved as submitted.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
A Capital Investment Charge based on the size of the meter
connection(s) will apply to this project in addition to normal charges.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
July 29, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7631
3
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). ¾-inch is the largest
meter available of the existing water main.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of
the developer.
Fire Department: A fire hydrant may be required. Contact Little Rock Fire
Department.
County Planning: No Comments received.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building height and materials, signage, site
lighting and the dumpster location. Staff asked the applicant to provide the
seating capacity of the church’s existing sanctuary and the number of on-site
parking spaces. Staff asked the applicant to provide the means of wastewater
disposal. It was noted that the 1924 bill of assurance did not address use
issues. Staff noted that the proposed family life center building was centered in
the lot. Staff commented that moving the building off of the center of the lot
would leave some room on the lot for future parking, if needed.
Public Works and Landscape Comments were presented and discussed. Utility
Comments were noted.
The applicant was advised to respond to staff issues by April 21, 2004. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Graham Temple C.O.G.I.C. is located on the C-1 zoned property at 4307 Frazier
Pike. The property is outside of the Little Rock city limits but is within the City’s
zoning jurisdiction. The church has existed at this location for over 75 years.
The church building was destroyed by the 1997 tornado that hit College Station
and the current, new building was constructed. The site also contains a paved
parking lot and driveways.
July 29, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7631
4
The church proposes to construct a one-story, 50’ X 100’ Family Life Center
building on R-3 zoned property behind the church building. This adjacent
property is cleared and grass-covered. The proposed new building will contain a
fellowship hall, kitchen, restrooms and a small apartment for visiting evangelists
and guests of the church. The new building will be constructed of colored metal
with a metal, pitched roof. The building will be roughly centered in the100 foot
wide lot, providing a 25 foot side yard setback on each side and over a 25 foot
setback from the East 39th Street property line. The church has one existing
ground-mounted sign which will be expanded to allow for placement of the name
of the new family life center building. The area of the sign will be well below that
allowed in commercial zones. New lighting will be installed on the existing
parking lot.
Staff is supportive of the requested conditional use permit. Allowing the addition
of a small, family life center building to this existing church site should not
negatively impact the neighborhood. Attention must be given to properly
screening the site from the adjacent single family properties to the east and west.
The 1924 bill of assurance does not address use issues. Sewer service will be
through LR Wastewater. Sewer was extended to College Station following the
1997 tornado. The church will have to work with Wastewater regarding a sewer
main extension.
This item has previously been deferred from the May 6, 2004 and June 17, 2004
agendas. The applicant did appear at the July 8, 2004 Subdivision Committee
meeting where an update was given. The applicant has responded to issues
raised by staff and discussed at Subdivision Committee.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the staff report.
2. Any new site lighting must be shielded downward and into the site.
3. The dumpster must be properly screened and located so that the truck does
not have to back into the street. The dumpster must not be located adjacent
to one of the residential properties.
July 29, 2004
ITEM NO.: F (Cont.) FILE NO.: Z-7631
5
STAFF REPORT:
On April 22, 2004, the applicant requested that the item be deferred to the
June 17, 2004 Commission 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.
STAFF REPORT:
On June 2, 2004, the applicant requested that this item be deferred to the
July 29, 2004 meeting.
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.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the notification requirement had not been correctly followed
and the item needed to be deferred. There was no further discussion.
The item was placed on the Consent Agenda and approved for deferral to the
September 9, 2004 meeting. The vote was 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: G
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.
July 29, 2004
ITEM NO.: G (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.
July 29, 2004
ITEM NO.: G (Cont.)
3
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff presented the item and requested that the item be deferred to the
September 9, 2004 meeting to allow further study. There was no further
discussion.
The item was placed on the Consent Agenda and approved for deferral to the
September 9, 2004 meeting. The vote was 10 ayes, 0 noes and 1 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
July 29, 2004
ITEM NO.: H 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.
July 29, 2004
ITEM NO.: H (Cont.) GRANITE MOUNTAIN – AUDUBON OVERLAY
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
July 29, 2004
ITEM NO.: H (Cont.) GRANITE MOUNTAIN – AUDUBON OVERLAY
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
July 29, 2004
ITEM NO.: H (Cont.) GRANITE MOUNTAIN – AUDUBON OVERLAY
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.
July 29, 2004
ITEM NO.: H (Cont.) GRANITE MOUNTAIN – AUDUBON OVERLAY
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.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Walter Malone, Planning Staff reviewed the process used for development of the
Overlay and each of the major sections of the draft. Mr. Malone also reminded
the Commission that overlays are “zoning” and are not retroactive. There were a
couple of questions from commissioners about the background on why an
overlay was done and why some of the standards were being proposed. It was
decided to hear from Ken Smith, director of Audubon Arkansas to get these
answers.
Mr. Smith reviewed Audubon Arkansas’ plans for the former “Booker Homes”
and current Gilliam Park sites. He also indicated there has been a lack of
infrastructure investment in this area. Sidewalks are lacking or unsafe and there
is much disrepair in the area. Audubon will rehab the community center for both
office space and a meeting room. This should be done in the next year as well
as trails on the “Booker” site and in Gilliam Park. The Housing Authority is also
building new housing which is a change for the better.
It is hoped this activity will bring more commercial development, with better
lighting and quality streets. With the help of the City new trails are being
designed for the “Booker” site. In response to a question, Mr. Smith indicated
this land is the high ground over the Fourche Creek and will be the center for the
landscape and restoration efforts along Fourche Creek. The Overlay is part of
the “big picture” to improve the aesthetics.
There were questions from several commissioners on why the need for 8-foot
sidewalks. In response, the width is partly due to the idea of joint use by bike
and pedestrian. There is a need for good safe sidewalks. Commissioner Meyer
asked about trails along the Fourche and railroad right-of-way. Mr. Smith
indicated it would be better addressed later by Bryan Day, the Parks Director.
July 29, 2004
ITEM NO.: H (Cont.) GRANITE MOUNTAIN – AUDUBON OVERLAY
6
In response to a question, Audubon has one-third of the funding for the initial
renovations and has high confidence everything will be accomplished. Phase
two, trails and wild life viewing is being designed. The third phase “a new center”
is five or more years down the road; however, grants are being investigated.
Commissioner Rector expressed concerns on the impact an overlay would have
since the area is not experiencing much development. Mr. Smith indicated there
was not a date for redevelopment but that the overlay was to give a “form” for the
areas’ future development.
There was concern about the extent of the overlay. Roosevelt Road is used due
to the school. Some expressed the opinion that I-440 would be a better entry.
Commissioner Floyd expressed concern about adding the area north of the
railroad (Confederate Blvd.) and several commissioners indicated they felt the
8-foot sidewalk seemed counter to Audubon’s goals. Mr. Smith indicated if one
had both walkers and bikers this width was needed.
Bryan Day, the Parks Director talked about bike plans and that 8 to 12 foot trails
were the requirement. He noted that the Baltimore Street area was and has
been strong but the surrounding area had been neglected by the City. Now, we
are making an effort to clean up an overlooked area. The City has $1.2 million
for trails on the Fourche Creek area which should be done over the next 4 or 5
years. This effort works with other things and it will be great in the future to be
able to bike in the area.
Kathleen Oleson, League of Women Voters, urged passage of the overlay. This
would establish a concept for development. Only those doing new construction
would have to meet the new standards. The proposals would help change the
feel of area.
There was discussion about who would pay for the 8-foot sidewalk (property
owner) and the difference in cost between a 5-foot and 8-foot sidewalk. There
was also discussion about the setback and whether it would be wise to have a
reduced setback for the industrial zoned land.
Mr. Robert Clark, a property owner on Confederate Blvd. referred to his letter.
Mr. Clark began reading his letter. Chairman Rahman told Mr. Clark the
Commission had his letter and indicated that it was a good letter. Chairman
Rahman stated that a better use of his time might be to provide some
“highlights”. Mr. Clark continued to read the letter – concerns about helping
Audubon at the expense of existing property owners, sidewalks, lack of
development in the area, desire to have Confederate removed as Roosevelt
Road had been, street trees, etc.
Commissioner Rector indicated he believed this was a public project which
should not be made a burden on property owners. That implementation as an
overlay would be spotty at best. He further stated overlays work in areas of high
demand which this is not and that the improvements should be made all at once.
July 29, 2004
ITEM NO.: H (Cont.) GRANITE MOUNTAIN – AUDUBON OVERLAY
7
Chairman Rahman indicated this was a public/private partnership and would
enhance the attractiveness and developability of the area. There was further
discussion about these issues.
Mr. Clark read additional sections of his letter showing the lack of development in
the area.
There was discussion about the large floodplain where public dollars would have
to be used, the sidewalks and the desire not to include the Confederate Blvd.
segment. Several commissioners asked to split the area north and south of
I-440 so as not to vote down the entire package.
Ken Smith, of the Audubon reminded the Commission there was some new
development in the area (housing). This activity with the Audubon project and
others will create a synergy, critical mass. This is a long-term plan which
hopefully would happen in 30 years to create a more nature and pedestrian
friendly area.
Commissioner Floyd expressed concern about forcing private development to
contribute unwillingly. Commissioner Wilkins expressed concerns about the
reduced setback along Confederate Blvd. (industrial zoning). Commissioner
Allen indicated the item should be deferred to discuss these issues. There was
some discussion about who would review what, if the item was deferred.
Commissioner Rector repeated that this should not be done as an overlay but
rather as a public project. Maybe the area south of I-440 could be an overlay,
but the northern section should be done by the public.
There was discussion about other overlay areas and the impacts. There was
concern that the issue should not be totally rejected but was not appropriate
north of I-440.
Tony Bozynski, the Director of Planning stated this was one corridor and a
gateway to the City. He asked for support of the entire area, reminding the
Commission this area has been often overlooked in the past. General
discussion followed. Commissioner Rector expressed that an overlay by itself
does not create value. The overlay is supportive of larger public interest, but
commissioners were concerned about a piecemeal approach by using the
overlay process.
Commissioner Meyer moved approval, by a vote of 7 for 3 against, the motion
passed. After the vote, each of the opposing commissioners indicated that they
did support the overlay south of I-440.
July 29, 2004
ITEM NO.: 1 FILE NO.: Z-3292-H
Owner: Kathy J. McFarland, Trustee for the
M. J. Keech Trust
Applicant: The Hathaway Group
Location: Southwest corner of West Markham Street
and Atkins Road (Lot 1, Park West Commons)
Area: 1.5751 Acres
Request: PCD Revocation
Purpose: Future Office Development (credit union office
and banking facility)
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Mixed Commercial and Office uses (across West Markham
Street); zoned C-3
South – Office development; zoned PCD
East – Auto dealership and mixed commercial uses (across Atkins
Road); zoned PCD and C-2
West – Church; zoned R-2
A. PUBLIC WORKS COMMENTS:
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route 5 (West Markham
Route) runs to the east along West Markham, east of Chenal Parkway.
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 Gibralter Heights/Point
West/Timber Ridge and Parkway Place Neighborhood Associations were
notified of the public hearing.
July 29, 2004
ITEM NO.: 1 (Cont.) FILE NO.: Z-3292-H
2
D. LAND USE ELEMENT:
This request is located in the Ellis Mountain Planning District. The Land
Use Plan shows Office for this property. The applicant has applied for
O-3 zoning for future office development, with the PCD revocation.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Markham Street is shown as a Collector on the Master Street Plan and will
be required to be built to that standard. Atkins is shown as a local street
and will be required to be built to a Minor Commercial Collector standard.
Both streets may require dedication of right-of-way and street
improvements.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Rock Creek
Neighborhood Action Plan. In the Office and Development goal, the
plan calls for the Promotion of “commercial and office development that:
a) Meets the needs of Rock Creek Neighborhood residents for shopping,
services, and jobs… and to “Aggressively use Planned Zoning Districts
(PZD’s) to influence more neighborhood-friendly and better quality
developments” and to “Encourage Little Rock, not only in the Rock Creek
Neighborhood but also citywide, to adhere to the adopted Land Use Plan.
Encourage a policy of reviewing the entire plan comprehensively and
thoughtfully every three to five years and making plan amendments
extremely rare.” This application would not require a Land Use Plan
amendment but would remove a PCD on the site. Uses in the O-3 zoning
district could meet the needs of the community.
E. STAFF ANALYSIS:
The property at the southwest corner of West Markham Street and Atkins
Road, currently known as Lots 1 and 2, Park West Commons, was zoned
O-3 between 1977 and 1979.
The Little Rock Planning Commission denied a proposed site plan for the
site on January 21, 1999, because of site design issues. The applicant
revised the site plan and resubmitted the application, which was approved
on March 4, 1999. The approved site plan included at two story office
July 29, 2004
ITEM NO.: 1 (Cont.) FILE NO.: Z-3292-H
3
building containing 46,200 square feet, a one story office building
containing 25,000 square feet and 231 parking spaces.
The Little Rock Board of Directors adopted Ordinance No. 18,272 on
May 2, 2000, establishing Atkins Road Partnership – Short-Form PCD
located at the southwest corner of West Markham Street and Atkins
Road. The approval included the development of the site with eight
smaller buildings located on the southern portion of the site (Lot 2)
containing 28,800 square feet and a single 21,420 square foot
commercial center located on the northern portion of the site (Lot 1).
The approval limited the uses of the site to O-3 permitted uses for the
office area and C-2 permitted uses (except restaurant) for the proposed
commercial building. The hours of operation were approved as 8:00 a.m.
to 5:00 p.m. for the office uses and the commercial hours would be from
9:00 a.m. to 9:00 p.m. The signage was approved as a monument style
sign located at each entrance, which would comply with city standard for
office zones.
On August 14, 2000, staff at a staff level approved a revised site plan,
which decreased the number of buildings and total square footage on the
site. The approval included the development of five single-story buildings
on the southern portion of the site and a single story commercial center
located on the northern portion of the site. The total square footage of the
retail center was decreased to 18,240 and the total square footage of the
office buildings was decreased to five buildings containing 27,200 square
feet.
The Little Rock Board of Directors adopted Ordinance No. 18,640 on
February 5, 2002, revising the PCD for Lot 2 only. The applicant revised
the PCD for the southern lot to allow lot lines to be placed along
previously approved phasing lines. On January 29, 2004, the Planning
Commission denied proposed revisions to the PCD.
The property owner, Kathy J. McFarland (Trustee for the M. J. Keech
Trust), is currently requesting to revoke the PCD for Lot 1, Park West
Commons only, and have the zoning revert back to its original O-3
classification. The applicant is proposing to develop a credit union office
and banking facility on the property.
The site (Lot 1) is comprised of 1.5751 Acres and is currently
undeveloped and covered with high grass and weeds. The site was
cleared some years ago with some mature trees remaining along the west
July 29, 2004
ITEM NO.: 1 (Cont.) FILE NO.: Z-3292-H
4
property line. Lot 2 is in the process of being developed. There are
currently two (2) small office buildings on Lot 2 with associated paved
drives and parking.
The City’s Future Land Use Plan designates this property as Office. The
requested PCD revocation, with the property reverting back to O-3 zoning,
does not require a change to the Land Use Plan.
Staff is supportive of the requested PCD revocation for Lot 1, Park West
Commons. Staff feels that the property reverting back to O-3 for the
development of a credit union/banking facility is an appropriate use of the
property, and should be compatible with the surrounding developments.
Staff believes that revocation of the PCD for Lot 1, Park West Commons
only will have no adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested PCD revocation for Lot 1,
Park West Commons.
PLANNING COMMISSION ACTION: (JULY 29, 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 10 ayes, 0 nays and 1 absent. The
application was approved.
July 29, 2004
1
ITEM NO.: 2 FILE NO.: LU04-11-03
Name: Land Use Plan Amendment - I-430 Planning District
Location: Between Interstate 430 and Shackleford Rd, north of Old
Shackleford Rd
Request: MOC (Mixed Office Commercial) to CS (Community Shopping)
Source: Joe White, White-Daters Engineers
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-430 Planning District from MOC (Mixed
Office Commercial) to CS (Community Shopping). CS (Community Shopping)
provides for shopping center type development with one or more general
merchandise stores. The applicant has indicated they intend to develop the
property commercially using the site plan review process.
Staff is not expanding the application since the Land Use Plan in this area was
reviewed within the last two years.
EXISTING LAND USE AND ZONING:
The property is vacant and currently zoned PCD-expired (Planned Commercial
District). The area requested is 63 acres ± in size. To the north the zoning is O3
(General Office) with office buildings, a hospital and two hotels. South of the
subject property is zoned PCD-expired (Planned Commercial District) and R2
(Single Family) and generally vacant. The PCD-expired is the remaining portion
of the PCD-expired involved in this change. The zoning has been requested to
change to office, O2 (Professional Office). To the east is Camp Aldersgate,
which is zoning OS (Open Space). West of the site, across Interstate 430 the
land is developed as single-family homes and zoned R2 (Single Family).
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
September 19, 2000, A change was made from LDR (Low Density Residential)
and MOC (Mixed Office Commercial) to MX (Mixed Use) approximately a mile to
the southwest on the west side of Interstate 430 at Bowman Road and 36th
Streets. The proposal was to develop a church based campus with various non-
traditional outreach programs on the majority of the site.
July 17, 2001, A change was made from C (Commercial) to PR (Park)
approximately a mile to the northwest, on the west side of Interstate 430 in the
Birchwood Subdivision. This was part of a citywide classification of existing City
parkland to a new Park zone.
July 29, 2004
ITEM NO.: 2 (Cont.) FILE NO.: LU04-11-03
2
September 4, 2001, A change was made from PK/OS (Park/Open Space) to
LDR (Low Density Residential) approximately half a mile to the east. The
proposal was to expand a retirement community (Good Shepard) with the
addition of duplex or attached housing.
March 18, 2003, A change from SF (Single Family) to SO (Suburban Office)
approximately a quarter mile to the northwest, along Aldersgate Road. The
proposal was to develop the land to an office use.
November 4, 2002, A change from SF (Single Family) to LDR (Low Density
Residential) approximately a mile to the southeast. This change was part of a
package of changes resulting from an overall Land Use Plan review for this area.
The change was intended to more accurately reflect the current land use and
zoning of the area.
February 4, 2003, A change from MF (Multifamily) to MOC (Mixed Office
Commercial) approximately a mile to the southwest, south of 36th Street along
the west side of Interstate 430. The change was for an expansion of the
proposed use area to the south for a large primarily commercial development.
November 18, 2003, A change from MOC (Mixed Office Commercial) to STD
(Service Trades District) approximately a quarter mile to the south at the
northwest corner of Shackleford and 36th Street. The proposal was made as a
result of a Planned Zoning District request for a service trades type of use in that
general location.
The application area is shown as MOC (Mixed Office Commercial) on the City
Land Use Plan. To the east is shown as Park/Open Space, with Multifamily and
Single Family beyond that. To the north, generally across Interstate 430 is
shown as Office and Suburban Office. Across Interstate 430 to the west is
shown for Single Family. To the Southwest across Interstate 430 is shown for
Mixed Use while south of the site is shown as Mixed Office Commercial) and
Office to the southeast.
MASTER STREET PLAN:
Shackleford Road is shown as a Minor Arterial on the plan. The Standard is for
a four or five lane road in a right-of-way of 90 feet. It is not built to standard.
Shackleford Road is currently a two-lane road. Significant widening will have to
be done along this frontage. There are no bikeways shown that would be
affected by this amendment.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows this area to be
within 8 blocks of a public or private recreation or outdoor space.
July 29, 2004
ITEM NO.: 2 (Cont.) FILE NO.: LU04-11-03
3
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This application area is within the John Barrow Neighborhoods Plan area. That
Plan recommends medical and other business uses in this general area. The
Plan envisions employment and service opportunities to area residents from any
businesses, which might occur in the north portion of their Plan area.
ANALYSIS:
This site became Mixed Office and Commercial on the City Land Use Plan in
1987. Prior to that it had been Major Office. The change was made as part of a
larger review along Interstate 430, which had been started due to a rezoning
request for a Mixed Use development for the site – a mall, hotel and office
complex. The Plan was changed to Commercial/Office, which later became the
Mixed Office Commercial classification on December 1, 1987. The Staff write-up
indicates a “PCD recommended to assure high quality development and to
minimize traffic flow problems on Shackelford and 36th Street.” Due to concerns
about previous developments that had not materialized and the effects on Camp
Aldersgate special requirements were made of the development through the
Planned Development process.
In the successive sixteen years no development has materialized and the City
reviewed one alternative development proposal. After public hearings and Board
of Director approval, the City was taken to court where much of the case was
ruled in the City’s favor. However the applicant requested that the application be
withdrawn and the Board of Directors granted this request.
The site in question is heavily wooded and contains significant topographic
change. The elevation change is from near 360 feet to over 510 feet a
difference of 150 feet. There is a significant hilltop in the northeast section of the
Plan amendment area, with a lower hilltop just off the amendment area at the
southeast corner.
Most of Little Rock’s development, both residential and nonresidential, has been
to the northwest of this site. That is the site is on the southeastern edge of the
major growth area of the City. Based on development, both subdivision and
building activity, development is to the northwest of the site and has been for
several decades. Most of the new office and commercial development in Little
Rock has occurred along Markham, Chenal Parkway and Cantrell Roads west of
July 29, 2004
ITEM NO.: 2 (Cont.) FILE NO.: LU04-11-03
4
Interstate 430. To a lesser extend this development as occurred along Markham
east of Interstate 430, Shackleford Road north of Interstate 430, and Kanis and
Bowman Roads.
Interstate 430 has for years been eyed as a potential Office and or Commercial
corridor. In the 1970s and 1980s the City worked, through its Plans, for this to
be an Office corridor with major commercial at Rodney Parham and Interstate 30
and a lesser commercial area at Colonel Glenn Road. During the 1980s and
1990s increased amounts of commercial development were shown at the two
remaining un-developed or under-developed interchanges – Shackleford and
Colonel Glenn Road. This was marked by the afore mentioned amendment in
1987.
Over the last five to ten years the City has added significant amounts of
commercial at the Colonel Glenn Interchange with Interstate 430. This addition
has been in all four quadrants of the interchange. A small commercial center
and multiplex theater as well as several freestanding commercial businesses
have been developed. The City has approved a large commercial development
in the last few months – a ‘Power’ Center.
The concerns raised in 1987 about the development of this land still remain –
effects on Camp Aldersgate, development of Shackleford Road to arterial
standard and the ability of the Shackleford interchange to hand traffic volumes,
which might be generated.
Through the City’s actions over the last several years, the decision has been
made to locate the Community Shopping area at the Interstate 430 – Colonel
Glenn interchange. Large amounts of commercial zoning are in place and not
development along Colonel Glenn Road. To the north while developed, the use
pattern is more office and support commercial to the office developments. The
need or desirability of another large commercial area at the Shackleford
interchange is questionable.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: John Barrow and
Sandpiper. As of this writing, no comments have been received.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. A development that includes or is
predominantly commercial needs to be reviewed using the Planned Zoning
District process to assure all issues and concerns are addressed.
July 29, 2004
ITEM NO.: 2 (Cont.) FILE NO.: LU04-11-03
5
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The item was placed on the consent agenda for deferral to the September 9,
2004 Planning Commission meeting. A motion was made to waive 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 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 2.1 FILE NO.: Z-4923-B
Owner: Summit Mall Co., LLC
Applicant: Shackleford Crossings, LLC
Location: Southwest corner of S. Shackleford Road
and Interstate 430
Area: 97.446 Acres
Request: Rezone from PCD to O-2 and C-2
Purpose: Future Office and Commercial Development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Mixed Residential Office and Commercial uses (across I-430);
zoned R-2, O-2, O-3 and C-2
South – Mixed Residential, Office and Commercial uses (along Old
Shackleford and S. Shackleford Roads); zoned R-2, O-3, C-2,
C-3 and PCD
East – Camp Aldersgate (across S. Shackleford Road); zoned OS
West – Single Family Residences (across I-430); zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Shackleford Road is classified on the Master Street Plan as minor
arterial. A dedication of right-of-way 45 feet from centerline will be
required.
2. With future development, provide design of streets conforming to the
Master Street Plan. Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
Intersection improvements and freeway ramp improvements may also
be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route 3 (Baptist Medical
Center part-time route) runs along Aldersgate Road to the east.
July 29, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-4923-B
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow and
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 Office Commercial for this property. The applicant has
applied for O-2 and C-2 zoning for future office and commercial
development.
A land use plan amendment for a change to Community Shopping for the
area to be zoned C-2 is a separate item on this agenda.
The request for the O-2 area does not require a change to the Land Use
Plan.
Master Street Plan:
Shackleford is shown as a Minor Arterial on the Master Street Plan.
Currently, Shackleford Road is built to a two-lane standard. Dedication of
right-of-way and street improvements may be required.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
On December 1, 1987, the Board of Directors passed Ordinance No.
15,385 rezoning this 97 acre property from R-2/O-2 to PCD, establishing
the Summit Mall – Long-Form PCD. The approved site plan included a
shopping mall, office buildings, hotel, restaurants and associated parking.
Over the years, the PCD received several time extensions from the
Planning Commission. On April 3, 2001, the Board of Directors passed
Ordinance No. 18,456, the Summit Mall – Revised PCD, as approved by
the Planning Commission on September 14, 2000. Residents filed suit
challenging the Board’s April 3, 2001 decision. The court ruled in the
City’s favor. On February 24, 2004, the Board of Directors approved
July 29, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-4923-B
3
Ordinance NO. 19,057 which revoked Ordinance No. 18,456 (Summit Mall
– Revised PCD). The City’s official zoning maps currently designate the
property as PCD – expired.
Shackleford Crossings, LLC (agent for Summit Mall, LLC) prospective
owner of the 97.446 Acre property at the southwest corner of S.
Shackleford Road and I-430, is requesting to rezone the property from
PCD-expired to “O-2” Office and Institutional District and “C-2” Shopping
Center District. The applicant proposes to rezone the north 62.443 acres
to C-2 and the south 35.003 acres to O-2. The rezoning is proposed for
future commercial and office development of the property. The O-2 and
C-2 zoning districts are site plan review districts, and future development
of the property will require Planning Commission review and approval.
The proposed site is undeveloped and heavily wooded, with varying
degrees of slope throughout the property. Interstate 430 is located
immediately north and west of the property, with Shackleford Road along
the eastern boundary. Camp Aldersgate is located across Shackleford
Road to the east. The property immediately south is also vacant and
wooded.
There is a Comcast Cable office building and tower along the west side of
Shackleford Road which is surrounded by this 97 acre property. The
general area contains a mixture of residential, office and commercial uses
and zoning.
The City’s Future Land Use Plan designates this property as Mixed Office
Commercial. A Land Use Plan amendment for a change to Community
Shopping for the north 62.443 acres is a separate item on this agenda
(Item #2).
Staff does not support the requested O-2 and C-2 rezoning. Staff feels
that it is not appropriate to establish a zoning pattern for this large
acreage tract without first reviewing a site plan for the property’s
development. The concerns raised over the years regarding the
development of this property are still valid. These include traffic volume,
street improvements, excavation, tree preservation, retaining walls and
the effects of a large development on the surrounding properties,
including Camp Aldersgate and Comcast. Therefore, staff feels that the
proposed rezoning is premature. Staff would prefer to see a proposed
PCD or POD development for the property, so the development issues
associated with the property can be discussed simultaneously with a
zoning/use plan.
July 29, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-4923-B
4
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-2 and C-2 rezoning.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the September 9, 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.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
July 29, 2004
ITEM NO.: 3 FILE NO.: Z-7670
Owner: Glenroy and Adelle Charles
Applicant: Glenroy and Adelle Charles
Location: 4305 Barrow Road
Area: 0.15 Acre
Request: Rezone from O-3 to O-1
Purpose: Single Family Residential
Existing Use: Single Family Residence
(under reconstruction)
SURROUNDING LAND USE AND ZONING
North – Sober Living, Inc. facilities; zoned O-3
South – Duplex and Single Family Residences; zoned R-4 and R-3
East – Undeveloped property; zoned R-3
West – Undeveloped property; zoned O-3
A. PUBLIC WORKS COMMENTS:
1. No comments regarding reconstruction of a home on this lot. A permit
will be required for any modifications to driveway.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route 14 (Rosedale
Route) runs along West 36th Street to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow and
Westwood Neighborhood Associations were notified of the public hearing.
July 29, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-7670
2
D. LAND USE ELEMENT:
This request is located in the Boyle Park Planning District. The Land Use
Plan shows Office for this property. The applicant has applied for
O-1 zoning for reconstruction of a single-family house and future office
uses.
The request does not require a change to the Land Use Plan.
Master Street Plan:
John Barrow is shown as a Minor Arterial on the Master Street Plan and is
built to a four-lane section. Dedication of right-of-way and street
improvements may be required.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the John Barrow
Neighborhood Action Plan. The Housing and Neighborhood Revitalization
Goal of “An improved overall appearance and safety of the John Barrow
neighborhood Area” has an action statement of “Determine if existing
zoning classifications compromise the interest to revitalize or stabilize the
housing and infrastructure and improve the overall appearance of the
John Barrow Neighborhood Area.” The proposed O-1 zoning district
permits both single-family houses and office uses.
E. STAFF ANALYSIS:
Glenroy and Adelle Charles, owners of the 0.15 Acre property at 4305
Barrow Road, are requesting to rezone the property from “O-3” General
Office District to “O-1” Quiet Office District. The rezoning is proposed in
order to reconstruct the single family residence on the property. The
residence which existed on the property was nonconforming, as single
family dwellings are not permitted uses in the O-3 zoning district.
The property contains a one-story frame single family residence which is
in the process of being reconstructed. There is a one-car wide driveway
from Barrow Road which serves as access.
The general area near the intersection of Barrow Road and West 43rd
Street contains a mixture of uses and zoning. The Sober Living, Inc.
facilities are located to the north on O-3 zoned property. There is a
duplex and single family residences to the south, with undeveloped R-3
July 29, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-7670
3
zoned property to the east. Undeveloped O-3 zoned property is located to
the west across Barrow Road, with a commercial development (PCD) to
the northwest.
The City’s Future Land Use Plan designates this property as office. The
requested O-1 zoning does not require a change to the Land Use Plan.
Staff is supportive of the requested O-1 zoning. Staff feels that O-1
zoning for the property is reasonable. The O-1 zoning district would allow
the use of the property as single family residential. It would also allow the
residential structure to be converted to a small office use in the future. If
converted to an office, the applicants will be required to submit a site plan
to staff, and construct the appropriate number of on site parking spaces,
paved and landscaped as per City Ordinance requirements. Staff feels
that the proposed rezoning will have no adverse impact on the general
area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-1 rezoning.
PLANNING COMMISSION ACTION: (JULY 29, 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 10 ayes, 0 nays and 1 absent. The
application was approved.
July 29, 2004
ITEM NO.: 4 FILE NO.: LU04-20-01
Name: Land Use Plan Amendment - Pinnacle Planning District
Location: Ranch Development
Request: Single Family to Office and Mixed Office Commercial
Source: Joe White, White Daters Engineering
PROPOSAL / REQUEST:
Land Use Plan amendment in the Pinnacle Planning District from Single Family
to Office and Mixed Office Commercial. The Mixed Office and Commercial
category provides for a mixture of office and commercial uses to occur.
Acceptable uses are office or mixed office and commercial. A Planned Zoning
District is required if the use is mixed office and commercial. 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.
This request is in two parcels, one at the southwest corner of Valley Ranch Road
and Patrick Country Road and the second on the east side of Chenonceau. The
request is for unspecified future development.
Staff is not expanding the application.
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 Single Family and is a combined 5.81 acres
± in size. North of the site is undeveloped land and single-family houses. To the
south lies undeveloped land zoned O-3 Office, MF-18 Multi Family, and C-3
General Commercial. A PCD with office and commercial uses also lies to the
south. To the east lies a R-2 CUP for a private school and further east lies single
family homes zoned R-2 Single Family. To the west at the northwest corner of
Valley Ranch Drive and Highway 10 there is an area of Suburban Office that is
undeveloped and further to the west is Single Family that has houses on large
lots.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
June 20, 2000, a change from Mixed Office Commercial to Commercial for an
area between Chenonceau and Patrick County Road one quarter of a mile to the
south for future development.
July 29, 2004
ITEM NO.: 4 (Cont.) FILE NO.: LU04-20-01
2
November 19, 1999, a change from Single Family to Office at 6400 Patrick
County Road immediately south of the western area for future development.
October 5, 1999, a change from Office to Mixed Office Commercial for an area
described as between Chenonceau and Patrick County Road, an area east of
Chenonceau north of Highway 10, and an area east of Ranch Boulevard and
south of Ranch Drive one quarter of a mile to the south east for future
development.
MASTER STREET PLAN:
Patrick Country Road is shown on the Plan as a Collector and is not currently to
standards. Valley Ranch Road and Chenonceau are shown as a local streets
built to Commercial standards. All of these previously mentioned streets
intersect Cantrell Road, a Principal Arterial, which is built to a five lane standard.
PARKS:
The closet park to the site is Taylor Loop Park, which is an undeveloped park of
35 acres, located almost two miles to the east. This site is close to the proposed
“Take it to the Edge” trail which will connect downtown with “…Two Rivers Park,
and Pinnacle Mountain. The trail is composed of paved walking and biking trails,
and serves residents and visitors to Little Rock.” This application is within a
service deficit area.
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 applicant’s property lies in an area transitioning from a rural character to a
suburban form. Office development has occurred in the area of Ranch Drive and
Ranch Boulevard. Large tracts of undeveloped land designated for Office,
Commercial and Mixed Office Commercial exist in this area to the south and to
the east.
The application is in two parts: one area of 2± acres from Single Family to Mixed
Office Commercial on the east side of Chenonceau and another area of 4± acres
July 29, 2004
ITEM NO.: 4 (Cont.) FILE NO.: LU04-20-01
3
from Single Family to Office on the south side of Valley Ranch Drive west of
Patrick County Road. Both areas are expansions of the Land Use categories
shown to the immediate south of their respective areas.
Both of the areas, if changed, will be abutting single-family developments that
have been preliminarily platted. The juxtaposition of the Office and Single Family
can be detrimental to the Single Family areas. Buffers and/or less intense
zoning categories could aid in the transition from the more intensely zoned
commercial and office areas to the south and the large tracts of single family to
the north. Recent developments in area have been few. A new
office/commercial building is under construction at the northeast corner of
Chenonceau and Ranch Drive (shown as MOC on plan) as are the apartments
that are between Patrick Country and Chenonceau Roads (shown as MF on
plan). The acreage south of Ranch Drive on both sides of Chenonceau zoned
C-3 still lies undeveloped.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Johnson Ranch
Neighborhood and Aberdeen Court Property Owners Association. Staff has
received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The item was placed on the consent agenda for deferral to the September 9,
2004 Planning Commission meeting. A motion was made to approve the
consent agenda and was approved with a vote of 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 4.1 FILE NO.: Z-7684
Owner: Ranch Properties, Inc.
Applicant: White-Daters and Associates
Location: East side of Chenonceau Blvd., north of
Cantrell Road
Area: 1.97 Acres
Request: Rezone from R-2 to O-3
Purpose: Future Office Development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property (across future extension of
Chenonceau Blvd.); zoned R-2
South – Office development (across creek); zoned PCD
East – Undeveloped property; zoned R-2
West – Apartment complex under construction
(across Chenonceau Blvd.); zoned MF-18
A. PUBLIC WORKS COMMENTS:
1. Chenonceau construction will need to be completed and accepted with
the proposed development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route 25 (Highway 10
Express Route) runs along Cantrell Road to the south.
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 River Valley and
Aberdeen Court Neighborhood Associations were notified of the public
hearing.
July 29, 2004
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-7684
2
D. LAND USE ELEMENT:
This request is located in the Pinnacle Planning District. The Land Use
Plan shows Single Family for this property. The applicant has applied for
O-3 zoning for future office development.
A land use plan amendment for a change to Mixed Office Commercial is a
separate item on this agenda. (Item #4)
Master Street Plan:
Chenonceau is shown as a local street on the Master Street Plan and is
built to a two-lane section. Chenonceau will be required to be built to a
Minor Commercial Collector standard. Dedication of right-of-way and
street improvements may be required.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Ranch Properties, Inc., owner of the 1.97 Acres property located along the
east side of Chenonceau Blvd., north of Cantrell Road, is requesting to
rezone the property from “R-2” Single Family District to “O-3” General
Office District. The rezoning is proposed for future office development of
the property.
The property is currently undeveloped and partially tree-covered. The
property is relatively flat, and located approximately three (3) feet below
the grade of Chenonceau Blvd. Chenonceau Blvd. currently ends at the
north corner of this property. There is a creek/drainage structure located
along the property’s south property line.
The general area along Chenonceau Blvd., north of Cantrell Road,
contains a mixture of uses and zoning. There is an apartment complex
under development across Chenonceau Blvd. to the west, with
undeveloped R-2 zoned property to the north and east. There is an office
development to the south. The Arkansas Baptist school campus is
located to the southeast. There is undeveloped C-3 zoned property
further south at the northeast and northwest corners of Chenonceau Blvd.
and Cantrell Road.
July 29, 2004
ITEM NO.: 4.1 (Cont.) FILE NO.: Z-7684
3
The City’s Future Land Use Plan designates this property as Single
Family. A Land Use Plan Amendment for a change to Mixed Office
Commercial is a separate item on this agenda (Item #4).
Staff is not supportive of the requested O-3 zoning. Given the fact that
there is a multifamily project under development to the west and
undeveloped R-2 single family property to the north and east, staff feels
that “O-1” Quiet Office District is a much better alternative for the property.
The O-1 district allows for office development at a smaller scale than the
O-3 district, a scale which will be much more compatible with the adjacent
residential zonings. The O-1 district allows a maximum building height
of 35 feet, which is the same maximum building height as the R-2 and
MF-18 districts. The O-3 zoning district allows a building height of up to
60 feet. Staff feels that the property O-3 zoning will not be compatible
with the adjacent properties.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-3 zoning. Staff recommends
approval of O-1 zoning for the property.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the September 9, 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 September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
July 29, 2004
ITEM NO.: 5 FILE NO.: Z-7685
Owner: FC Grass Farms Partnership
Applicant: White-Daters and Associates
Location: South side of Valley Ranch Drive, north of
Cantrell Road
Area: 3.8381 Acres
Request: Rezone from R-2 to O-3
Purpose: Future Office Development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property (across future extension of Valley Ranch
Drive); zoned R-2
South – Undeveloped property; zoned O-3
East – Undeveloped property (across Patrick Country Road); zoned R-2
West – Undeveloped property (across Valley Ranch Drive); zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Valley Ranch Drive construction will need to be completed and
accepted with the proposed development.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Route 25 (Highway 10
Express Route) runs along Cantrell Road to the South.
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 River Valley and
Aberdeen Court Neighborhood Associations were notified of the public
hearing.
July 29, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-7685
2
D. LAND USE ELEMENT:
This request is located in the Pinnacle Planning District. The Land Use
Plan shows Single Family for this property. The applicant has applied for
O-3 zoning for future office development.
A land use plan amendment for a change to Office is a separate item on
this agenda. (Item #4)
Master Street Plan:
Valley Ranch Road is shown as a local street on the Master Street Plan
and is unbuilt adjacent to this zoning. It would be required to be built to a
Minor Commercial Collector standard. Dedication of right-of-way and
street improvements may be required.
Patrick County Road is shown as a Collector on the Master Street Plan is
built to a two lane chip seal with open ditch standard. Dedication of right-
of-way and street improvements may be required.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
FC Grass Farms Partnership, owner of the 3.8381 Acre property located
along the south side of Valley Ranch Drive, north of Cantrell Road, is
requesting to rezone the property from “R-2” Single Family District to “O-3”
General Office District. The rezoning is proposed to incorporate the
property into the existing O-3 zoned property immediately to the south for
future office development.
The property is currently undeveloped and wooded, with varying degrees
of slope. Valley Ranch Drive currently ends near the southwest corner of
the property. In the future Valley Ranch Drive will be extended along this
property’s north boundary, and connect into Patrick Country Road.
The property to the north and east (across Patrick Country Road) is
currently undeveloped and zoned R-2. The property immediately to the
south is zoned O-3. There are a few nonconforming residential structures
within this O-3 zoned area. Undeveloped R-2 zoned property is also
July 29, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-7685
3
located to the west, across Valley Ranch Drive. A school development is
located further west, with undeveloped O-1 zoned property to the
southwest, along the west side of Valley Ranch Drive.
The City’s Future Land Use Plan designates this property as Single
Family. The applicant has filed a Land Use Plan amendment for a
change to office which is a separate item on this agenda (Item #4).
Staff is supportive of the requested O-3 zoning. Staff feels that it is
reasonable to zone this 3.8381 acres to O-3 to be incorporated into the
existing O-3 zoned property immediately to the south for future office
development. However, given the fact that there will be future single
family residences located to the north across the future extension of
Valley Ranch Drive, staff believes that a 50 foot wide OS buffer and no
vehicular access easement (outside the Valley Ranch Drive right-of-way)
will be appropriate along the north boundary of the property. The OS
zoned buffer/no vehicular access easement should run for approximately
1,050 linear feet, beginning at the northeast corner of the property (Patrick
Country Road) and running west to near the southwest corner of the
property. Staff believes that this will help screen and buffer the future
single family residences from the future office development. With the OS
area provided, staff feels that the requested O-3 zoning will have no
adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 zoning, subject to a 50
foot wide OS buffer/no vehicular access easement being provided along
the north property line, outside the right-of-way for Valley Ranch Drive.
The OS strip should run from Patrick Country Road to the west
approximately 1,050 linear feet.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the September 9, 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 September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
July 29, 2004
ITEM NO.: 6 FILE NO.: Z-7671
Name: Henderson Day Care Family Home –
Special Use Permit
Location: 1312 Hendrix
Owner: Beverly Henderson
Applicant: Beverly Henderson
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 1312 Hendrix.
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 Oak Forest and University
Park Neighborhood Associations were notified of the public hearing.
B. Staff Analysis:
1312 Hendrix is located at the northwest corner of Hendrix and West 14th
Street. All surrounding properties are zoned R-2 and contain single family
residences. There is commercial zoned property with a mixture of
commercial and office uses further north and west along University
Avenue.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted
that she will have one (1) employee, her daughter who lives off site. The
employee does not drive, and will be dropped off at the site.
There is a one-car wide concrete driveway from Hendrix, with parking for
three (3) vehicles (including the carport). On inspection of the site, staff
observed no vehicles parked on unpaved area. 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.
July 29, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7671
2
The applicant notes that she has been licensed by the State to operate a
day care family home at this location for 1 ½ years. The applicant is
licensed for up to 10 children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single family zones will be permitted. The
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1953 and appears to still be in effect. The Bill of
Assurance contains the following language:
“These lots are restricted to residential purposes only, with
the exception of Lots 1, 2, 3, 4, 5, 6, 7, and 18 in Block A.
These are set aside for business lots. All homes must face
the front of the lots as shown on the plat. No posters or bill
boards of unsightly nature shall be erected that would
detract from the desirability of the neighborhood, nor shall
any animal or fowls be kept that may become a
neighborhood nuisance.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
July 29, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7671
3
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
The applicant was not present. Staff presented the application, describing
the proposed day care family home. The specifics of the application were
briefly discussed. Staff noted that the proposed day care family home use
would conform to the requirements found in Section 36-54(e)(3) of the
City’s Zoning Ordinance, as noted in paragraph B. of this report. After the
July 29, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7671
4
discussion, the Committee forwarded the issue to the full Commission for
final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 1312 Hendrix, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Beverly Henderson was present, representing the application. There was one
(1) objector present. Staff presented the item with a recommendation of
approval.
Jane Harrison addressed the Commission in opposition to the application. She
explained that business uses in residential areas devalue the areas.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 8 ayes, 1 nay and 2 absent. The application was
approved.
July 29, 2004
ITEM NO.: 7 FILE NO.: Z-7672
Name: Britton Day Care Family Home –
Special Use Permit
Location: 8701 Verbena Drive
Owner: Terell Dean
Applicant: Nikitia Britton
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 8701 Verbena 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 Cloverdale and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
8701 Verbena Drive is located on the east side of Verbena Drive, north of
Baseline Road. All surrounding properties are zoned R-2. There are
single family residences to the north, south and west. There are single
family residences, a day care center and a church to the east along Oman
Road.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the area. The applicant proposes to operate the day
care from 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant
has noted that she has one (1) employee who lives elsewhere and comes
in at 2:00 p.m.
There is a one-car wide concrete driveway from Verbena Drive, with a
concrete extension. There is parking for four (4) vehicles, including the
garage. On inspection of the site, staff observed no vehicles parked on
unpaved area. 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.
July 29, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7672
2
The applicant notes that she has been licensed by the State for one (1)
year for a day care family home at this location. The applicant is licensed
to care for 10 children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single family zones will be permitted. The
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1963 and appears to still be in effect. The Bill of
Assurance appears to address no use issues.
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
July 29, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7672
3
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, 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 licensed day care center is currently being
operated on the property immediately to the east, along Oman Road.
This day care center has existed for a number of years. Therefore, the
applicant is requesting a variance to allow the day care family home within
300 feet of a permitted day care center.
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 uses located on adjacent property could 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.
July 29, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7672
4
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Nikitia Britton was present, representing the application. Staff described
the proposed day care family home use. The day care family home
requirements with respect to this application were briefly discussed.
Staff noted that there was a day care center located on the property
immediately east, and that the applicant had requested a variance from
the separation requirement. This issue was briefly discussed.
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: (JULY 29, 2004)
Nikitia Britton was present, representing the application. There were five (5)
objectors present. Staff presented the application with a recommendation of
denial.
Nikitia Britton addressed the Commission in support of the application. With
reference to the separation issue, Ms. Britton explained that her day care family
home was in operation prior to the current ordinance criteria.
Commissioner Lowry noted that in a previous similar case on Pine Cone Drive
the Commission approved the day care family home with a five (5) year time
limit. The issue of a time limit was briefly discussed. Mr. Lowry asked Ms.
Britton if she would limit the day care family home to five (5) years.
Ms. Britton explained that she is trying to move the day care out of the residence
to a different location. There was additional discussion of the time limit issue.
Ms. Britton agreed to a five (5) year time limit and amended the application
accordingly.
Commissioner Adcock asked how long the day care family home has been at
this location. Ms. Britton stated that she has been in operation since May, 2003.
There was a brief discussion of this issue.
Troy Laha addressed the Commission in opposition to the application. He
presented the Commission with a petition of opposition. He expressed concern
that Ms. Britton did not live at 8701 Verbena Drive. He explained that day care
uses are detrimental to residential areas.
July 29, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7672
5
Kathleen Oleson, of the League of Women Voters, also addressed the
Commission in opposition. She expressed concern with the 300-foot separation
variance.
Edna Schoemaker also spoke in opposition. She described the Cloverdale
neighborhood. She explained that single family residences were not appropriate
locations for day care uses, and explained her concerns with them.
Janet Berry, of SWLR United for Progress, also spoke in opposition. She asked
the Commission to uphold the ordinance criteria and not allow the separation
variance. She also expressed concerns with day care family homes having
employees.
Marvis Hayes also addressed the Commission in opposition, expressing
concerns with day care family homes in residential areas.
Commissioner Lowry asked about the applicant’s previous application. Staff
explained that it was for a day care center on 20th Street.
Commissioner Lowry asked Ms. Britton if 8701 Verbena Drive was her principal
residence. Ms. Britton responded that it was. She also explained that her
employee is her sister who helps her if she needs to leave the residence. There
was additional brief discussion of these issues, as well as the day care use.
There was a motion to approve the application, as amended by Ms. Britton to
provide a five (5) year time limit. The motion failed by a vote of 4 ayes, 6 nays
and 1 absent. The application was denied.
July 29, 2004
ITEM NO.: 8 FILE NO.: Z-7673
Name: Griffin Day Care Family Home –
Special Use Permit
Location: 4521 Timberland Drive
Owner: Tedra Griffin
Applicant: Tedra Griffin
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 4521 Timberland 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 Tall Timber, Pecan Lake,
Stagecoach-Dodd, Westwood and SWLR United for Progress
Neighborhood Associations were notified of the public hearing.
B. Staff Analysis:
4521 Timberland Drive is located at the northwest end of Timberland
Drive. There are single family residences (zoned R-2) immediately east
and south along Timberland Drive. There are industrial uses and zoning
to the north and west along Colonel Glenn Road and Shackleford Road.
There is an OS zoning buffer (approximately 100 feet wide) immediately
west of this single family subdivision.
The applicant’s home is a one-story brick and frame structure, and is
typical of those within this single family subdivision. The rear yard is
fenced and should provide a safe play area. The applicant proposes to
operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Friday.
The applicant has noted that she will have one (1) employee who lives
elsewhere.
There is a two-car wide concrete driveway from Timberland Drive, with
parking for at least six (6) vehicles. On inspection of the site, staff
observed no vehicles parked on unpaved area. 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.
July 29, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7673
2
The site is not currently being used as a day care family home. The
applicant notes that she is in the process of being licensed by the State,
for care of up to 10 children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single family zones will be permitted. The
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1974 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. Use of Land. None of the lots hereby restricted may be
improved, used or occupied, for other than private residence
purposes, and no duplex, flat or apartment house, although
intended for residence purposes, may be erected thereon.
Any residence erected or maintained on any of the lots
hereby restricted shall be designated for occupancy by a
single family.”
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:
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
July 29, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7673
3
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment to the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Tedra Griffin was present, representing the application. Staff presented
the application, describing the proposed day care family home. The
specifics of the application were briefly discussed. Staff noted that the
proposed day care family home use would conform to the requirements
found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in
paragraph B. of this report. After the discussion, the Committee
forwarded the issue to the full Commission for final action.
July 29, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7673
4
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 4521 Timberland Drive, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
PLANNING COMMISSION ACTION: (JULY 29, 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 10 ayes, 0 nays and 1 absent. The
application was approved.
July 29, 2004
ITEM NO.: 9 FILE NO.: Z-7674
Name: Cottrell Day Care Family Home –
Special Use Permit
Location: 63 Saxony Circle
Owner: Marilyn Cottrell
Applicant: Marilyn Cottrell
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 63 Saxony Circle.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Allendale, Santa Monica
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
B. Staff Analysis:
63 Saxony Circle is located on the south side of Saxony Circle, west of
Wemberly Drive. The properties to the north, east and west are zoned
R-2 and contain single family residences. There is undeveloped R-2
zoned property immediately south.
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 should
provide a safe play area. The applicant proposes to operate the day care
from 6:00 a.m. to 6:00 p.m., Monday through Saturday. The applicant
has noted that she may care for a few children (less than 5) from 6:00
p.m. to 11:00 p.m., for parents who work a second shift. The applicant
has also noted that she will have no employees.
There is a three-car wide concrete driveway from Saxony Circle, with
parking for six (6) vehicles (not including the garage). On inspection of
the site, staff observed no vehicles parked on unpaved area. 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.
July 29, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7674
2
The applicant has noted that she has been licensed by the State for a day
care family home at this location for nine (9) months. The applicant is
licensed for the care of up to 10 children. The applicant currently cares
for one (1) child.
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 1970 and appears to still be in effect. The Bill of
Assurance contains the following language:
“10. Lots numbered one (1) through nineteen (19) inclusive
shall be used for residential purposes only. No building shall
be erected, altered, placed or permitted to remain on any of
the said lots, one through nineteen inclusive, other than one
single family dwelling not to exceed two and one-half stories
in height plus a private garage or carport.”
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
July 29, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7674
3
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment to the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Marilyn Cottrell was present, representing the application. Staff presented
the application, describing the proposed day care family home. The
specifics of the application were briefly discussed. Staff noted that the
proposed day care family home use would conform to the requirements
found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in
paragraph B. of this report. After the discussion, the Committee
forwarded the issue to the full Commission for final action.
July 29, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7674
4
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 63 Saxony Circle, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Marilyn Cottrell was present, representing the application. There were six (6)
objectors present. Staff presented the application with a recommendation of
approval.
Ed Rackley, of the Allendale Neighborhood Association, addressed the
Commission in opposition to the application. He presented a petition of
opposition to the Commission. Mr. Rackley noted that he was concerned with
property values only and no other issues. He noted that there may be two other
day care uses in the neighborhood. He expressed concerns with day care uses
in the neighborhood.
Jane Harrison also spoke in opposition. She stated that she was opposed to day
care uses in residential areas.
Troy Laha also spoke in opposition. He addressed the hours of operation as
proposed, noting that night hours (to 11:00 p.m.) were not appropriate. He noted
his involvement in the neighborhood action plan.
Marilyn Cottrell addressed the Commission in support of the application. She
explained that her day care use would not disrupt the neighborhood. She noted
that many families had five (5) or more children and explained.
Commissioner Lowry asked Ms. Cottrell if 63 Saxony Circle was her principal
residence and if she had any employees. Ms. Cottrell responded that 63 Saxony
Circle was her full-time residence and that she would have no employees.
Commissioner Lowry stated that he had a problem with the hours of operation
being until 11:00 p.m. After a brief discussion, Ms. Cottrell amended the hours
to be 6:00 a.m. to 6:00 p.m., Monday through Saturday. Ms. Cottrell also
submitted a petition of support from neighbors.
July 29, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7674
5
Commissioner Meyer expressed concern with Ms. Cottrell caring for children for
12 straight hours. Ms. Cottrell responded that she would have no problem caring
for the children, and noted that the number of children would vary. This issue
was briefly discussed.
Commissioner Rector asked how many children the applicant could care for
without a special use permit. Staff responded that the applicant could care for
up to five (5) children.
Rev. Mitchell Moore, Sr. addressed the Commission in support of the application.
He noted that he lived next door to Ms. Cottrell and supported the day care use.
He explained that the Cottrells keep the property in good condition.
There was a motion to approve the application as amended by the applicant
(hours) and recommended by staff. The motion passed by a vote of 7 ayes,
3 nays and 1 absent. The application was approved.
July 29, 2004
ITEM NO.: 10 FILE NO.: Z-7675
Name: Hunter Day Care Family Home –
Special Use Permit
Location: 8605 Herrick Lane
Owner: Adrian and Faye Hunter
Applicant: Adrian and Faye Hunter
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 8605 Herrick Lane.
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 SWLR United for
Progress Neighborhood Association were notified of the public hearing.
B. Staff Analysis:
8605 Herrick Lane is located at the east side of Herrick Lane, north of
Baseline Road. All surrounding properties are zoned R-2 and contain
single family residences. There is undeveloped property located further to
the north and west, with the State Highway Department further to the east.
The applicant’s home is a one-story frame structure, and is typical of
those in the general area. The rear yard is fenced and should provide
a safe play area. The applicants propose to operate the day care from
6:30 a.m. to 5:30 p.m., Monday through Friday. The applicants have
noted that they will have no employees.
There is a one-car wide concrete driveway from Herrick Lane, with parking
for two (2) vehicles. On inspection of the site, staff observed one (1)
vehicle, owned by the Hunters, parked on the grass on the south side of
the driveway. The applicants have 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.
July 29, 2004
ITEM NO.: 10 (Cont.) FILE NO.: Z-7675
2
The applicants note that they have been licensed by the State for a day
care family home at this address for 15 months. The applicants note that
they have cared for children at this location since 1969. The applicants
are licensed for the care of 10 children and currently average six (6)
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
applicants 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 care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family 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
July 29, 2004
ITEM NO.: 10 (Cont.) FILE NO.: Z-7675
3
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment to the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Adrian and Faye Hunter were present, representing the application. Staff
presented the application, describing the proposed day care family home.
The specifics of the application were briefly discussed. The issue of
widening the driveway was briefly discussed. Mrs. Hunter noted that the
driveway would be widened in 30 days if the Special Use Permit is
approved. Staff noted that the proposed day care family home use would
conform to the requirements found in Section 36-54(e)(3) of the City’s
July 29, 2004
ITEM NO.: 10 (Cont.) FILE NO.: Z-7675
4
Zoning Ordinance, as noted in paragraph B. of this report. After the
discussion, the Committee forwarded the issue to the full Commission for
final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 8605 Herrick Lane, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
4. The driveway must be widened to a two-car wide drive by the end of
August, 2004.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Adrian and Faye Hunter were present, representing the application. There were
two (2) persons present in opposition. Staff presented the item with a
recommendation of approval.
Faye Hunter addressed the Commission in support of the application. She
explained that she has cared for children at 8605 Herrick Lane for 35 years.
In response to questions from Commissioner Lowry, Mrs. Hunter noted that
8605 Herrick Lane was her principal residence, her hours were from 6:30 to
5:30, Monday through Friday, and that she had no employees.
Jane Harrison addressed the Commission in opposition. She explained that the
State should require City approval prior to issuing licenses for day care family
homes. Commissioner Floyd noted that the State was in the process of requiring
proof from the City. Commissioner Rector noted that the Planning Staff had
been in contact with the State regarding this issue. The issue was briefly
discussed further.
Troy Laha also addressed the Commission in opposition. He stated that he was
opposed to business operations in residential areas. He briefly discussed the
issue of day care family homes. Staff explained why there were a large number
of special use permit applications, noting that the State’s list of day care family
July 29, 2004
ITEM NO.: 10 (Cont.) FILE NO.: Z-7675
5
homes was used to determine which ones were licensed by the City. The issue
was briefly discussed.
There was a motion to approve the application, as recommended by Staff. The
motion passed by a vote of 9 ayes, 1 nay and 1 absent. The application was
approved.
July 29, 2004
ITEM NO.: 11 FILE NO.: Z-7676
Name: Lovelace Day Care Family Home –
Special Use Permit
Location: 8 Timber Valley Cove
Owner: Michael and Heidi Lovelace
Applicant: Heidi Lovelace
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 8 Timber Valley Cove.
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 Tall Timber, Pecan Lake,
Stagecoach-Dodd, Westwood and SWLR United for Progress
Neighborhood Associations were notified of the public hearing.
B. Staff Analysis:
8 Timber Valley Cove is located on the west side of Timber Valley Cove,
south of Timber Valley Drive. All surrounding properties are zoned R-2
and contain single family residences. There is some undeveloped R-2
zoned property in the general area.
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 should
provide a safe play area. There is an enclosed play area (enclosed
porch) in the rear yard. The applicant proposes to operate the day care
from 7:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has
noted that she will have no employees.
There is a two-car wide concrete driveway from Timber Valley Cove, with
parking for five (5) vehicles (including a concrete pad extension). On
inspection of the site, staff observed no vehicles parked on unpaved area.
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.
July 29, 2004
ITEM NO.: 11 (Cont.) FILE NO.: Z-7676
2
The applicant notes that she has been licensed by the State and has
operated a day care family home at this address for five (5) years. She is
licensed for seven (7) children with no employees.
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 1974 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. Use of Land. None of the lots hereby restricted may be
improved, used or occupied, for other than private residence
purposes, and no duplex, flat or apartment house, although
intended for residence purposes, may be erected thereon.
Any residence erected or maintained on any of the lots
hereby restricted shall be designated for occupancy by a
single family.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family 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
July 29, 2004
ITEM NO.: 11 (Cont.) FILE NO.: Z-7676
3
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment to the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with
this application. Staff feels that the proposed day care family home at
this location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site. On
July 13, 2004, Staff received one (1) call of opposition from Mr.
Krippendorf, Chairman of the Pecan Lake Architectural Review
Committee.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Heidi Lovelace was present, representing the application. Staff presented
the application, describing the proposed day care family home. The
specifics of the application were briefly discussed. Staff noted that the
proposed day care family home use would conform to the requirements
July 29, 2004
ITEM NO.: 11 (Cont.) FILE NO.: Z-7676
4
found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in
paragraph B. of this report. After the discussion, the Committee
forwarded the issue to the full Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 8 Timber Valley Cove, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Heidi Lovelace was present, representing the application. There was one (1)
objector present. Staff presented the item with a recommendation of approval.
Heidi Lovelace addressed the Commission in support of the application. In
response to questions by Commissioner Lowry, Ms. Lovelace noted that 8
Timber Valley Cove was her principal residence, she had no employees, and
that her hours of operation would be 7:00 a.m. to 7:00 p.m., Monday through
Friday.
Jane Harrison addressed the Commission in opposition. She stated that she
was opposed to day cares in residential areas.
Commissioner Floyd noted that day care uses in homes are not allowed by right.
He noted that he typically did not support uses in residential areas which created
traffic. He expressed support for this application because it was located in a
“day care remote area”.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 9 ayes, 1 nay and 1 absent. The application was
approved.
July 29, 2004
ITEM NO.: 12 FILE NO.: Z-7678
Name: Dean Day Care Family Home –
Special Use Permit
Location: 9517 John Hancock Road
Owner: Joe W. Dean
Applicant: Patrice Dean
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 9517 John Hancock Road.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Upper Baseline and
SWLR United for Progress Neighborhood Associations were notified of
the public hearing.
B. Staff Analysis:
9517 John Hancock Road is located at the southeast corner of John
Hancock Road and Patrick Henry Road. All surrounding properties are
zoned R-2 and contain single family residences.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and should
provide a safe play area. The applicant proposes to operate the day care
from 6:00 a.m. to 6:30 p.m., Monday through Friday. The applicant has
noted that she has one (1) employee who lives elsewhere.
There is a one-car wide concrete driveway from John Hancock Road, with
parking for three (3) vehicles (including the carport). On inspection of the
site, staff observed one (1) vehicle parked in the yard which the applicant
moved. 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.
July 29, 2004
ITEM NO.: 12 (Cont.) FILE NO.: Z-7678
2
The applicant notes that she has been licensed by the State and has
operated a day care family home at this location since 2000. The
applicant is licensed to care for nine (9) children. The applicant has been
keeping children in her home since 1987.
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 1965. Staff is unsure whether the Bill of Assurance
is still in effect, as the County could not supply a legible copy of it.
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family 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.
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.
July 29, 2004
ITEM NO.: 12 (Cont.) FILE NO.: Z-7678
3
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 to the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site. On July
15, 2004, Staff received a call of opposition from Pat Gee, president of
the Upper Baseline Neighborhood Association. Several letters of support
have been received from neighbors. The letters are attached for Planning
Commission review.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Patrice Dean was present, representing the application. Staff presented
the application, describing the proposed day care family home. The
specifics of the application were briefly discussed. The issue of widening
the driveway was briefly discussed. Ms. Dean noted that the driveway
would be widened in 30 days if the special use permit is approved. Staff
noted that the proposed day care family home use would conform to the
requirements found in Section 36-54(e)(3) of the City’s Zoning Ordinance,
as noted in paragraph B. of this report. After the discussion, the
Committee forwarded the issue to the full Commission for final action.
July 29, 2004
ITEM NO.: 12 (Cont.) FILE NO.: Z-7678
4
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day
care family home at 9517 John Hancock Road, subject to the following
conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
4. The driveway must be widened to a two-car wide drive by the end of
August, 2004.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Patrice Dean was present, representing the application. There was one (1)
objector present. Staff presented the application with a recommendation of
approval.
Patrice Dean addressed the Commission in support of the application. She
noted that she had lived at 9517 John Hancock Road for 20 years, and that
property values had increased during that time. In response to questions from
Commissioner Lowry, Ms. Dean noted that 9517 John Hancock Road was her
principal residence, she would have one (1) employee (her daughter), and that
her hours of operation would be 6:00 a.m. to 6:30 p.m., Monday through Friday.
Pat Gee, of the Upper Baseline Neighborhood Association, spoke in opposition.
She noted that on July 13, 2004 her association voted to oppose the application.
She expressed concerns with businesses being operated in residential areas.
She expressed concerns with the appearance of the property.
Chairman Rahman asked about the distance between this property and the day
care family homes on Pine Cone Drive. Staff noted that there was 500 to 600
feet of separation.
Commissioner Floyd asked how many of the Upper Baseline Neighborhood
Association members live south of Baseline Road. Ms. Gee responded that
approximately half lived south of Baseline Road.
Commissioner Meyer asked about building materials in the yard and under the
carport. Ms. Dean described the items, noting that they would be removed. She
noted that she parked her car in the carport.
July 29, 2004
ITEM NO.: 12 (Cont.) FILE NO.: Z-7678
5
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 9 ayes, 1 nay and 1 absent. The application was
approved.
July 29, 2004
ITEM NO.: 13 FILE NO.: Z-7682
Name: Goss Day Care Family Home –
Special Use Permit
Location: 6709 Lantana Road
Owner: Herbert and Eloise Goss
Applicant: Eloise Goss
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 6709 Lantana Road.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Cloverdale and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
6709 Lantana Road is located on the south side of Lantana Road, east of
Azalea Drive. All surrounding properties are zoned R-2 and contain single
family residences.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and should
provide a safe play area. The applicant proposes to operate the day care
family from 6:00 a.m. to 5:30 p.m., Monday through Friday. The applicant
has noted that she will have no employees.
There is a two-car wide concrete driveway from Lantana Road, with
parking for six (6) vehicles (including the carport). On inspection of the
site, staff observed no vehicles parked on unpaved area. 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.
The applicant notes that she has been licensed by the State and has
operated a day care family home at this address since 2001. The
applicant is licensed to care for up to 10 children.
July 29, 2004
ITEM NO.: 13 (Cont.) FILE NO.: Z-7682
2
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 1958 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. No lot shall be used except for single-family 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 ½ stories in height and
a private garage for not more than 2 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:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family 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.
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.
July 29, 2004
ITEM NO.: 13 (Cont.) FILE NO.: Z-7682
3
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 to the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Eloise Goss was present, representing the application. Staff presented
the application, describing the proposed day care family home. The
specifics of the application were briefly discussed. Staff noted that the
proposed day care family home use would conform to the requirements
found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in
paragraph B. of this report. After the discussion, the Committee
forwarded the issue to the full Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 6709 Lantana Road, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
July 29, 2004
ITEM NO.: 13 (Cont.) FILE NO.: Z-7682
4
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the September 9, 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 September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
July 29, 2004
ITEM NO.: 14 OTHER MATTERS
REQUEST: The owners of Lot 1, Erwin Addition desire to remove
a covenant that was placed on the land by adoption
of the Rock Creek Zoning Plan in 1977.
STAFF REPORT:
This request is one of a continuing number of covenants being presented for
release. The Original Rock Creek Plan imposed these covenants on a select
number of sites and none of the covenant provisions have ever been enforced.
The enforcing body for these provisions was a committee appointed by the City
Board. That committee never held a meeting and disbanded shortly after
appointment.
The variance or repeal element of the covenants specifically direct an owner to
the Commission for resolution.
The various single property requests that are presented to the Commission are
the result of failure to gain support of all the affected owners and perform one
revision.
This particular tract is located at the southeast corner of Markham Street and
Bowman Road. The property is zoned C-3 Commercial and was previously
occupied by a two-story building that housed television studios. The site is to be
redeveloped with a new building containing, among other uses, a bank and a
coffee shop.
STAFF RECOMMENDATION:
Staff recommends approval of the covenant release.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff presented the item and recommended approval of the covenant release.
There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of
10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 15 FILE NO.: Z-3263-B
NAME: Carr Enterprises – Revised Conditional Use Permit
LOCATION: 415 East 9th Street
OWNER/APPLICANT: Carr Enterprises, Inc./Gerald New
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow for the addition of an
eighth apartment in this existing, three-story structure.
The property is zoned R-4A.
1. SITE LOCATION:
The property is located on the south side of East 9th Street, between Rock
and Commerce Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within an area of mixed uses ranging from single
family and multifamily to nonconforming commercial uses, a fire station
and two city parks. The applicant proposes to redevelop a derelict
building that has a history of use as a multifamily development. The
proposed redevelopment should benefit the neighborhood and the
proposed use is compatible with uses 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 Downtown and MacArthur
Park Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site is currently accessed via a gravel driveway off of the adjacent
alley. An 8-unit apartment development requires 12 on-site parking
spaces. The applicant has submitted a plan that provides a new paved
driveway and 14 parking spaces.
4. SCREENING AND BUFFERS:
Planned Landscape upgrade is acceptable.
July 29, 2004
ITEM NO.: 15 (Cont.) FILE NO.: Z-3263-B
2
5. PUBLIC WORKS COMMENTS:
1. The new driveway shall be a concrete apron per City Ordinance. With
construction, repair or replace any curb and gutter or sidewalk that is
damaged in the public right-of-way prior to.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
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.
Contact Central Arkansas Water regarding the size and location of the
water meter.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of
the hydrant(s) and contact Central Arkansas Water regarding
procedures for installation of the hydrant(s).
Please submit four (4) copies of the plans for the fire protection system
to Central Arkansas Water for review. Contact Central Arkansas
Water regarding procedures for installation of fire service. Approval of
plans by the Arkansas Department of Health Engineering Division and
Little Rock Fire Department is required. Fire sprinkler systems which
do not contain additives such as antifreeze shall be isolated with a
double detector check valve assembly. If additives are used, a
reduced pressure zone backflow preventer shall be required. 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
July 29, 2004
ITEM NO.: 15 (Cont.) FILE NO.: Z-3263-B
3
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: (JULY 8, 2004)
The applicant was present. Staff presented the item and noted there were very
few Staff Comments. The applicant was advised to check with the staff for the
MacArthur Park Historic District Commission to make certain that this change did
not require that Commission’s approval. Public Works, Landscape and Utility
Comments were noted. The applicant stated he had already gone through
building permit review and was familiar with all of those comments.
The applicant was asked why he did not show the eighth apartment on the
original submittal. The applicant responded that it had been determined that fire
access could be provided to the entire third floor, which allowed for conversion of
what had previously been shown as a common area into the additional
apartment.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
On June 26, 2003, the Planning Commission approved a conditional use permit
to allow for the conversion of the existing, three-story, 8,000 square foot
structure on the R-4A zoned property at 415 East 9th Street into a 7-unit
apartment building. The project has gone through building permit review and
remodeling is imminent. The approved plan called for 7 units, a lobby, laundry
room and library/lounge. The lobby will contain such amenities as a copy
machine, a fax machine, a worktable, vending machines and chairs. The first
floor will contain the lobby and 3 apartments. The second floor will contain the
laundry room and 3 apartments. The third floor was to contain the library/lounge
and 1 apartment. Each of the apartments is to contain 1 bedroom, a bathroom,
a closet, a family room and a kitchen. The external part of the building will be
July 29, 2004
ITEM NO.: 15 (Cont.) FILE NO.: Z-3263-B
4
restored following historic guidelines including new wooden shutters with
insulated glass; new wood fascia and soffit; architectural shingles, maintaining
the dimensions and slope of the roof; and removal of the remaining, steel siding
and repairing and replacing the wood siding. A new, paved driveway and
parking area is to be constructed on the site; taking access off of the alley
adjacent to the east.
The applicant had hoped to have a total of 8-units by having 2-units on the third
floor. It was felt the building’s design would not allow adequate fire access to
allow the second unit on that floor, thus the library/lounge area was designated.
Since that time, the applicant’s architect has redesigned the third floor to provide
fire access to the entire floor. This will allow the previously designated
library/lounge area to become an eighth unit. No other changes are proposed
from the previously approved conditional use permit.
Staff believes it is appropriate to allow the eighth unit. The proposed use is
compatible with uses and zoning in the area. The 1844 Original City of Little
Rock bill of assurance does not address use issues. The Historic District
Commission reviewed and approved the applicant’s renovation plans on June 5,
2003.
STAFF RECOMMENDATION:
Staff recommends approval of the Revised Conditional Use Permit to allow an
eighth apartment subject to compliance with the following conditions:
1. Compliance with the staff comments and conditions in Sections 4, 5 and 6 of
the Staff Report.
2. Compliance with the Historic District guidelines as administered by the
MacArthur Park Historic District Commission, including signage restrictions.
3. The new driveway and parking area is to be overlaid with a shared access
easement, to accommodate the shared parking agreement with the adjacent
property owners.
Staff recommends approval of a parking variance to allow 6 of the 14 parking
spaces to be off site.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
July 29, 2004
ITEM NO.: 15 (Cont.) FILE NO.: Z-3263-B
5
conditions outlined in the “Staff Recommendation” above, including the parking
variance. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 16 FILE NO.: Z-5668-E
NAME: Home Depot – Revised Conditional Use Permit
LOCATION: 12610 Chenal Parkway
OWNER/APPLICANT: Home Depot USA, Inc./Casco
PROPOSAL: A revision to the previously approved conditional use
permit is requested to allow for an expansion of the
garden center and to allow for an area of outdoor
display of storage buildings and trailers. This 16+
acre site is zoned C-3.
1. SITE LOCATION:
The site is located at the intersection of West Markham Street and Chenal
Parkway.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the intensely commercial area around the
Chenal Parkway/West Markham Street intersection. The immediate area
is characterized by multiple commercial uses on C-2, C-3 and PZD zoned
properties. Automobile sales businesses are located adjacent to the east
and across the Parkway to the south. A “big box” retail store and a strip
shopping center are located to the west. Multiple commercial uses are
also located to the southwest and southeast. A “PR” zoned floodway
borders the site on the north. The proposed changes will not affect the
site’s continued compatibility with the area.
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
Gibralter Heights Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The existing Home Center and garden center contain a total of 129,102
square feet; requiring 350 on-site parking spaces. The proposed 6,240
square foot garden center expansion requires an additional 20 parking
spaces. The site contains 582 parking spaces. Three of those will be lost
to trailer display. No other changes are proposed to the existing parking
and drives.
July 29, 2004
ITEM NO.: 16 (Cont.) FILE NO.: Z-5668-E
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: If the expanded area is covered, sprinklers may be
required.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Steve Dahms was present requesting the application. Staff noted a revised site
plan had been submitted the previous day which showed the specific areas of
storage building and trailer display. There were no other comments.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On March 23, 1993, the Planning Commission approved a conditional use permit
to allow for development of a home center on this C-3 zoned property. The
conditional use permit was originally approved for Lowe’s Home Center. The
Lowe’s store was never built and Home Depot developed the site based upon
July 29, 2004
ITEM NO.: 16 (Cont.) FILE NO.: Z-5668-E
3
the approved conditional use permit. One condition of the approval was that the
area of outdoor display/storage was to be limited to the fenced in garden center
shown on the plan. No additional outside display, seasonal or otherwise, was
approved.
On March 19, 1998, the Commission approved a revision to the conditional use
permit to allow static outdoor display on the sidewalk directly in front of the store
and to allow a 60’ X 100’ area of temporary, seasonal display to be located
adjacent to and east of the garden center. This 6,000 square foot area was to
be used for seasonal display of bagged goods such as mulch and fertilizers and
other seasonal merchandise. The seasonal display was to be limited to 120
days per year. A temporary chain-link fence was to be erected around the area
which was to be removed after the 120 day display period.
Home Depot now proposes to replace that temporary seasonal display area with
a permanent expansion of the garden center. The concrete slab is to be
extended and the area will be enclosed by a 20 feet tall, vinyl coated chain link
fence to match the existing garden center. The expanded area measures 52’ X
120’. The area will be uncovered and will be used on a year-round basis. Home
Depot also proposes to continue the static display of merchandise on the
sidewalk directly in front of the store. This area is used to display model sheds,
seasonal merchandise and items such as lawn equipment. Home Depot
proposes to use 3 parking spaces near the contractor’s entrance to display small
trailers for sale. No changes are proposed to the existing driveways or parking
lot.
Staff is supportive of the requested amendment to the conditional use permit.
The proposed garden center expansion is located on the same area previously
approved for 120 days of temporary, seasonal display. The permanent
expansion should be less unsightly than the temporary use area. The garden
center expansion should not affect the store’s continued compatibility with the
surrounding commercial uses. The three parking spaces proposed for trailer
display are located near the front of the store, at the contractor’s entrance. The
trailer display will not impact the driveways or traffic circulation. Staff supports
the use of these three parking spaces for trailer display. There is no bill of
assurance issue.
At the time of the 1998 revision, concerns were raised by nearby residential
property owners that Home Depot was not properly maintaining the landscaping
on the site. Any missing or dead landscape materials, including those specified
in the 1998 agreement between Home Depot and the neighborhood, must be
replaced.
July 29, 2004
ITEM NO.: 16 (Cont.) FILE NO.: Z-5668-E
4
STAFF RECOMMENDATION:
Staff recommends approval of the requested revision to the conditional use
permit to allow an uncovered expansion of the garden center, the static display
on the sidewalk in front of the store and the use of 3 parking spaces for trailer
display subject to compliance with the following condition:
1. All missing or dead required landscape materials, including these specified in
the 1998 agreement between Home Depot and the neighborhood, are to be
replaced.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Kevin Harms was present, representing Home Depot. There was one objector
present. Staff presented the item and a recommendation of approval subject to
compliance with the condition outlined in the “Staff Recommendation” above.
Commissioner Lowry asked why the City was enforcing the provisions of an
agreement made between Home Depot and its neighbors. Dana Carney, of the
Planning Staff, responded that compliance with that agreement was a condition
of the previous conditional use permit approval and was being carried forward
with this application.
The Commission noted that there were traffic problems associated with
customer loading located directly in front of the garden center. Darrin Lomas
and Mark Brown, store manager and district manager for Home Depot
respectively, responded that the new addition would include a loading area at the
rear which should help reduce congestion at the front of the garden center.
Kathleen Oleson, of the League of Women Voters, commented that Home Depot
was a wonderful corporate citizen but, when temporary outdoor seasonal display
is approved, it should be temporary.
Kevin Harms responded that what was being requested was more in the nature
of a permanent addition, to replace the area of temporary, seasonal display. In
response to a question from the Commission, Mr. Harms stated Home Depot
would not be coming back asking for additional temporary, outside, seasonal
display.
A motion was made to approve the application as recommended by staff. The
motion was approved by a vote of 9 ayes, 0 noes and 2 absent.
July 29, 2004
ITEM NO.: 17 FILE NO.: Z-7669
NAME: Chapple Day Care Center – Conditional Use Permit
LOCATION: 5104 Baseline Road
OWNER/APPLICANT: David Rector/Lakeysha Chapple
PROPOSAL: A conditional use permit is requested to allow use of
the residential structure on this R-2 zoned lot as a day
care center. The property has a history of use as
nonconforming offices.
1. SITE LOCATION:
The property is located at the northeast corner of Baseline and Dreher.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site has a history of use as a nonconforming office. The property is
located on an arterial street in an area of mixed uses; including an auto
repair business, a beauty school, an electrical contractor’s office, a church
and several multifamily developments. The use of this site as a day care
center is compatible with uses 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, Upper Baseline and Windamere Neighborhood Associations
were notified of this request.
3. ON SITE DRIVES AND PARKING:
The property has a nonconforming, gravel parking lot with access off of
Dreher Lane. The proposed day care center is to have an enrollment of
12 children, with 2 employees; requiring 3 on-site parking spaces. The
applicant has agreed to realign the parking on the existing parking area so
that vehicles enter and exit the property in a forward motion and do not
back into Dreher Lane.
4. SCREENING AND BUFFERS:
The playground area must be screened from the adjacent residential
properties to the north and east. This can be accomplished with a 6-foot
high opaque wooden fence with its face side directed outward. Staff
supports a variance from this requirement.
July 29, 2004
ITEM NO.: 17 (Cont.) FILE NO.: Z-7669
2
If a new parking area is to be developed, then it must be properly
screened and landscaped according to ordinance standards.
5. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify Dreher Lane on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
2. Any future construction would be subject to the Boundary Street
requirements of Section 30. Construction of one-half street
improvement to Dreher Lane would be required including curb, gutter,
and 5-foot sidewalks.
3. Show the proposed location of all driveways to parking areas.
Driveway width is limited to 36 feet for a commercial driveway.
4. Queuing of vehicles for pick-up and drop-off of children must be done
in a manner that does not cause stacking of vehicles back to Baseline
Road.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: Approved as submitted.
Water: No objection.
Fire Department: Age of children may require the building to be sprinkled;
contact the Fire Marshall’s office at 918-3700.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
The applicant was present. Staff presented the item and noted additional
information was needed regarding site lighting and signage. Staff stated a
July 29, 2004
ITEM NO.: 17 (Cont.) FILE NO.: Z-7669
3
screening fence was required on the north and east perimeters of the playground
and use of the playground should be limited to daylight hours. Public Works,
Landscape and Utility Comments were noted. The applicant was advised to
contact the Fire Marshall’s office regarding the possible need to install sprinklers.
The applicant stated she wished to utilize the existing parking area but would
realign the parking so that no vehicles backed out into Dreher Lane.
The applicant was advised to respond to staff issues by Wednesday, July 14,
2004. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned, .67 acre property at 5104 Baseline Road is occupied by a one-
story, brick and frame, residential structure. The property has a nonconforming
status for use as offices. Most recently, the property was occupied by a real
estate firm. The applicant proposes to convert the structure into a small day
care center with an enrollment of 12 children and two employees. Although the
proposed day care is a small business, staff perceived the change in use as an
increase in intensity and, thus not permitted under the site’s nonconforming
status. The property is not covered by a valid bill of assurance.
The day care is to operate Monday through Friday, 6:00 a.m. to 6:00 p.m. A
playground will be constructed behind the structure. A 4 foot tall chain link fence
will enclose the playground. A 4’ X 6’ X 6’ tall ground mounted sign will be
placed in the front yard. The site has a gravel parking area and a concrete
paved driveway off of Dreher Lane. The applicant proposes to utilize the existing
parking and driveway. Vehicles will be parked so that no vehicles will back out
onto Dreher Lane. No other changes are proposed to the site. Security lighting
will be placed over each entrance. Use of the playground will be limited to
daylight hours.
Staff is supportive of the requested conditional use permit. The property is
located on an arterial street in an area of mixed uses. A nonconforming auto
repair garage is located adjacent to the north. A nonconforming commercial
building containing a beauty school is adjacent to the east. A nonconforming
electrical contractor’s office is located across Dreher Lane, to the west. A church
is located across Baseline Road, to the south. The proposed use is compatible
with uses in the area. The applicant is proposing to use the property basically
“as is”.
July 29, 2004
ITEM NO.: 17 (Cont.) FILE NO.: Z-7669
4
Staff is supportive of a variance from the requirement to install screening on the
north and east perimeters of the playground area. Although those adjacent
properties are zoned R-2, they are occupied by nonresidential uses.
STAFF RECOMMENDATION:
Staff recommends approval of the application subject to compliance with the
following conditions:
1. Compliance with the comments and conditions in Sections 4, 5 and 6 of the
staff report.
2. Use of the playground is to be limited to daylight hours only.
2. The existing parking area is to be realigned so that vehicles enter and exit
the property in a forward motion and do not back into Dreher Lane.
3. There is to be no direct access from this site to Baseline Road.
Staff recommends approval of a variance from the requirement to install a
screening fence on the north and east perimeters of the proposed playground
area.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was present. There were several interested parties present. Staff
presented the item and a recommendation of approval. Staff informed the
Commission that the Upper Baseline Neighborhood Association had voted to
support the proposed day care. Staff informed the Commission that the
neighborhood association had expressed concern about allowing continued use
of the gravel driveway and Ms. Chapple was prepared to respond.
Lakeysha Chapple, the applicant, stated she had amended her application to
allow for use of the gravel driveway for a period not to exceed 18 months. She
stated she had checked the cost of paving and found it to be $2,500 - $3,000.
Pat Gee, president of the Upper Baseline Neighborhood Association, stated the
association did support the day care. She stated the association wanted to see
the parking paved and the parking designed so that vehicles did not back into
Dreher Lane.
Troy Laha, of 6602 Baseline Road, stated the day care was located in an
appropriate site. He stated an 18-month deferral of the paving requirement was
too long.
July 29, 2004
ITEM NO.: 17 (Cont.) FILE NO.: Z-7669
5
Janet Berry, president of SWLR United for Progress, also stated an 18-month
deferral of the paving requirement was too long.
Jane Harrison, of 8617 Crofton Circle, stated she agreed with the previous
speakers.
Dana Carney, of the Planning Staff, stated the site was nonconforming and an
office use could occupy the site, as is. He stated it was appropriate to allow this
small day care center time to complete the paving. Mr. Carney stated staff
supported the 18-month deferral.
A motion was made to approve the item as amended and subject to compliance
with the comments and conditions in the “Staff Recommendation”. The motion
was approved by a vote of 9 ayes, 0 noes and 2 absent.
July 29, 2004
ITEM NO.: 18 FILE NO.: Z-7677
NAME: Abraham Day Care Center – Conditional Use Permit
LOCATION: 8824 West 34th Street
OWNER/APPLICANT: Scott Turner/Frederick Abraham
PROPOSAL: A conditional use permit is requested to allow use of
the existing residence on this R-3 zoned property as
a day care center.
1. SITE LOCATION:
The property is located at the northeast corner of West 34th and Ludwig;
one block west of John Barrow Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located near the commercial node which extends along John
Barrow Road, from 32nd to 36th Street. It is, however, within the residential
neighborhood. Single family residences are located adjacent to the east
and across Ludwig to the west. A church is located across 34th Street to
the south. Along Barrow Road, one block to the east, a variety of smaller
scale commercial uses extend from 32nd to 36th. Single family homes are
located in the overall area around the site. Staff is concerned that
allowing a commercial use of this intensity to be located out of the
commercial node and in the residential neighborhood could have a
detrimental effect on the nearby residences.
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 Campus
Place Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site currently has a paved, single-wide driveway; typical of a single
family residence in the area. The proposed day care center is to have a
maximum enrollment of 50 children with a total of 6 employees, not
counting the director. The day care is to operate with two shifts; with no
more than 25 children present at any time. There will be 3 employees on
each shift, not counting the director. The applicant has proposed to
construct a 6-space, paved parking lot, utilizing the existing driveway off
of 34th Street. This will satisfy the parking requirement for 4 employees
and 25 children. Staff is concerned that the parking will prove inadequate
when the shifts overlap; resulting in vehicles having to park on 34th and
July 29, 2004
ITEM NO.: 18 (Cont.) FILE NO.: Z-7677
2
Ludwig Streets. Very much congestion could result in vehicles stacking
on 34th back to John Barrow Road.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
The playground area must be screened from the adjacent residential
properties to the north and east. This can be accomplished with a 6-foot
high opaque wooden fence with its face side directed outward.
If a parking area is to be developed, then it must be properly screened
and landscaped according to ordinance standards.
5. PUBLIC WORKS COMMENTS:
1. Show the proposed location of all driveways and parking areas.
Driveway width is limited to 36 feet for a commercial driveway.
2. Queuing of vehicles for pick-up and drop-off of children must be done
in a manner that does not cause stacking of vehicles back to Barrow
Road.
3. Ludwig and 34th Street are improved streets with curb and gutter.
Sidewalk construction may be required to be included with future
construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Additional fire hydrant(s) will be required. Contact the Little Rock
Fire Department to obtain information regarding the required
placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s).
Fire Department: Age of children may require the building to be sprinkled;
contact the Fire Marshall’s office at 918-3700.
County Planning: No Comments.
July 29, 2004
ITEM NO.: 18 (Cont.) FILE NO.: Z-7677
3
CATA: The site is not located on a CATA bus route. The nearest route is
located on 36th Street, two blocks to the south.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
The applicant was present. Staff presented the item and noted additional
information was needed regarding the number of children and employees, days
and hours of operation, signage, fencing and site lighting. Staff stated screening
needed to be installed on the perimeters of the playground area where the site
was adjacent to residential properties and use of the playground should be
limited to daylight hours. Staff noted there was no on-site parking shown on the
site plan. The applicant responded that he intended to install parking. He was
advised to meet with staff to devise a parking plan.
Public Works, Landscape and Utility Comments were noted. The applicant was
advised to contact the Fire Marshall’s office regarding the fire hydrant and
sprinkler comments.
The applicant was advised to respond to staff issues by Wednesday, July 14,
2004. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-3 zoned property at 8824 West 34th Street is occupied by a one-story,
brick and frame, single family residence that is typical of homes in the area. The
applicant is requesting approval of a conditional use permit to allow for the
conversion of the residence into a day care center. The application is not for a
day care family home where the care giver occupies the residence. The
proposed day care center is to have two shifts; operating Monday through Friday,
6:00 a.m. to 12:00 midnight. The maximum proposed enrollment is 50 children,
with no more than 25 children present at any time. There will be 6 employees,
not including the director. There will be 3 employees on each shift, plus the
director. A single ground-mounted sign is proposed to be placed on the 34th
Street frontage. The sign will measure 3’ X 4’ and will be 6 feet tall. A 6 foot tall,
wood privacy fence will be erected on the east, west and north perimeters of the
site. A playground will be located behind the building and will be used only
during daylight hours. A single light will be placed to illuminate the parking lot.
The light will be shielded downward and into the site. There is no valid bill of
assurance.
The applicant submitted a revised site plan and responses to issues raised at
Subdivision Committee.
July 29, 2004
ITEM NO.: 18 (Cont.) FILE NO.: Z-7677
4
While the applicant has done a good job of addressing most of the site plan
related issues, staff does not support the proposed use. Staff’s concerns center
around the intensity of the proposed use, the hours of operation and the
proximity of the site to existing single family residences. The site is on the fringe
of the commercial node that is located along John Barrow Road, between 32nd
and 36th Streets. There is a clear delineation between those commercial uses
and the surrounding residential neighborhood, of which the property is a part.
Other than the church to the south, single family homes and properties comprise
the majority of the neighborhood immediately around the site. The proposed day
care is to operate from 6:00 a.m. until midnight. Staff feels that having this
commercial activity and its related traffic extend past 6:00 p.m. will negatively
impact the nearby residents. The applicant has proposed to operate the day
care in two shifts, with no more than 25 children per shift. Staff does not see
how this is workable. There is a likelihood that there will be a time at “shift
change” when the number of children and vehicles at the site will exceed the
capability of the site to handle them. This will result in vehicles being parked on
the street, possibly impacting traffic one block to the east on John Barrow Road.
A day care of this size needs to be located in an appropriate commercial
location, not within a residential neighborhood.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JULY 29, 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 to the
September 9, 2004 meeting to allow him to meet with the neighborhood
association. The deferral request had been made on July 28, 2004. There was
no further discussion.
A motion was made to waive the bylaws and to accept the late request for
deferral. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent.
The item was then placed on the Consent Agenda and approved for deferral by
a vote of 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 19 FILE NO.: Z-7679
NAME: Davie Accessory Dwelling – Conditional Use Permit
LOCATION: 4714 Westwood Avenue
OWNER/APPLICANT: Eva and Jorden Davie
PROPOSAL: A conditional use permit is requested to allow for
construction of an accessory dwelling on this R-2
zoned, 2.3± acre lot.
1. SITE LOCATION:
The property is located on the west side of Westwood Avenue, one block
south of Colonel Glenn Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located near the northern fringe of the residential
subdivision. The properties along the outside of Westwood Avenue are
similar to this site; deep and 2+ acres in size. The property is large
enough to support a second dwelling. The proposed accessory dwelling
is to be occupied by a family member. Allowing the proposed accessory
dwelling should not impact other properties 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 Westwood and SWLR
United for Progress Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The existing residence and proposed accessory dwelling require one on-
site parking space each. The property has a circular driveway off of
Westwood Avenue and more than enough on-site parking to satisfy the
ordinance requirement.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
July 29, 2004
ITEM NO.: 19 (Cont.) FILE NO.: Z-7679
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: Approved as submitted.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: No Comments.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
The applicants were present. Staff presented the item and asked the applicants
to provide additional details on the design of the proposed building. Staff also
asked if separate utilities would be requested. Mr. Davie responded that the
structure would be wood frame with vinyl siding and separate utilities were
requested. In response to questions, Mr. Davie stated the accessory dwelling
would never be rented; that it would be used for relatives and guests only.
There were no other comments. The Committee determined there were no other
issues and forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned, 2.3 acre lot located at 4714 Westwood Avenue is currently
occupied by a one-story, brick (rock) and frame, single-family residence. The
property is 124 feet wide and 890 feet deep. The residence is located over 100
feet from the street. The applicants are requesting approval of a conditional use
permit to allow for construction of a 600 square foot, one-story accessory
dwelling behind the existing house. The new structure will be of wood frame with
siding and will be occupied only by family members. The accessory dwelling will
not be rented. Due to the age of the existing house and the separation between
July 29, 2004
ITEM NO.: 19 (Cont.) FILE NO.: Z-7679
3
the two structures, separate utilities are requested. The existing driveway and
parking area is sufficient to accommodate both structures. The 1924 bill of
assurance does not address use issues.
Staff is supportive of the requested conditional use permit. The 2.3 acre site is
more than large enough to accommodate the two structures. The area of the
accessory dwelling is substantially less than that of the principal dwelling. The
property owners occupy the principal dwelling and the accessory dwelling will be
occupied by family members. It will not be rented. The proposed accessory
dwelling should have no impact on adjacent properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow an
accessory dwelling subject to compliance with the following conditions:
1. The property owners are to occupy the property.
2. The accessory dwelling is to only be occupied by family members and
guests of the property owners and is to not be rented.
Staff recommends approval of the request to have separate utilities.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above, including the request
to have separate utilities. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 20 FILE NO.: Z-7680
NAME: DD & F Building – Conditional Use Permit
LOCATION: 411 East 6th Street
OWNER/APPLICANT: King/Acchoine Family Joint Revocable Trust/
Robert Fegtly for DD & F
PROPOSAL: A conditional use permit is requested to allow use of
the existing structure on this R-4A zoned property for
general and professional offices.
1. SITE LOCATION:
The property is located on the south side of East 6th Street, one lot east of
Rock Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses including single family,
multifamily and office uses. This property has an established history of
use as nonconforming offices. No changes are proposed to the site. The
new owners desire to eliminate the stigma of nonconformity and to bring
the site into compliance with zoning. The continued use of this site for
general and professional offices is compatible with uses 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 Downtown and MacArthur
Park Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site contains 12 paved parking spaces, taking access off of the alley
which is adjacent to the west. No changes are proposed to the parking.
The 12 spaces are sufficient for continued use of this structure as general
and professional offices.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
July 29, 2004
ITEM NO.: 20 (Cont.) FILE NO.: Z-7680
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments.
Southwestern Bell: No Comments.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
The applicant was present. Staff presented the item and asked the applicant to
provide information regarding signage, days and hours of operation and the
number of employees. The applicant was also advised to visit with the staff of
the MacArthur Park Historic District Commission to determine of that
Commission’s approval was needed for any aspect of the proposal.
There were no other comments. The Committee then forwarded the item to the
full Commission after advising the applicant to respond to staff issues by
Wednesday, July 14, 2004.
STAFF ANALYSIS:
The R-4A zoned property located at 411 East 6th Street is occupied by a two-
story, frame, residential structure and 12 paved parking spaces. The site has a
history of use as nonconforming office. Most recently the site was occupied by a
law firm. The new owners of the property, DD & F Consulting Group, propose to
continue to use the building for general and professional office use. They desire
to eliminate the site’s nonconforming status and to bring it into compliance with
the Zoning Ordinance requirements. Within the R-4A district, those uses listed in
C-1 are permitted as a conditional use. The applicants propose to make no
changes to the site other than to replace the existing ground-mounted sign with a
new sign. The new sign will be 6 feet in height and 16 square feet in area; well
July 29, 2004
ITEM NO.: 20 (Cont.) FILE NO.: Z-7680
3
within signage allowed in office zones. The site is within the boundary of the
MacArthur Park Historic District. Approval must be obtained from the Historic
District Commission or its staff.
DD & F Consulting Group is a nationwide bank consulting firm specializing in the
mergers and acquisitions and other risk management areas of the banking
industry. The business has minimal walk-up traffic. Typical days and hours of
operation are Monday through Friday, 7:30 a.m. to 5:30 p.m. Five to ten
employees will work in the building. The 1844 bill of assurance for the Original
City of Little Rock does not address use issues.
Staff is supportive of the requested conditional use permit. Use of this property
for general and professional offices is compatible with uses and zoning in the
area.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit application to use this
existing structure for general and professional offices subject to approval from
the MacArthur Park Historic District Commission or its staff, as required.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
condition outlined in the “Staff Recommendation” above. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 21 FILE NO.: Z-7681
NAME: Godley Transitional Housing – Conditional Use Permit
LOCATION: 2123 Howard Street
OWNER/APPLICANT: Latoya Godley/Leanna Godley
PROPOSAL: A conditional use permit is requested to allow for use
of the existing residence on this R-3 zoned property
as a transitional housing facility for up to 10 women
who are in transition from state incarceration and
those who are currently attending drug treatment
classes.
STAFF REPORT:
On July 6, 2004, the applicant submitted a request that this item be withdrawn.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request to withdrawn the item.
PLANNING COMMISSION ACTION: (JULY 29, 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
further discussion.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 22 FILE NO.: Z-7683
NAME: Baird Transitional Housing – Conditional Use Permit
LOCATION: 3316 West 12th Street
OWNER/APPLICANT: Gary Godley, Sr./Abraham Baird
PROPOSAL: A conditional use permit is requested to allow for use
of the existing residence on this R-3 zoned property
as a transitional housing facility for up to 10 men who
are in transition from state incarceration and those
who are currently attending drug treatment classes.
STAFF REPORT:
A task force appointed by the City Manager is currently studying the issue of
transitional housing facilities in Little Rock. It is anticipated that the Task Force
will complete its work in August. Staff believes this item needs to be deferred
until after the task force has submitted its report. The applicant has agreed to
defer the item.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the September 9, 2004 Planning
Commission meeting.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was not present. There were no objectors present. Staff
presented the item and recommended that it be deferred to the September 9,
2004 meeting. There was no further discussion.
The item was placed on the Consent Agenda and approved for deferral by a vote
of 10 ayes, 0 noes and 1 absent.
July 29, 2004
ITEM NO.: 23 FILE NO.: G-25-191
NAME: Kavanaugh Blvd. – Street Name Change
LOCATION: Two blocks of Kavanaugh Blvd., between McKinley
Street and Kavanaugh Place
PETITIONER: Westover Hills Presbyterian Church
PROPOSAL: To change the name of this two-block portion of
Kavanaugh Blvd. to Richard B. Hardie Drive.
ORDINANCE DESIGN STANDARDS:
1. Abutting Uses and Ownership:
Westover Hills Presbyterian Church occupies all but one of the properties
on the north side of this two block section of Kavanaugh Blvd. The
remaining property is occupied by a single family residence which takes
an address from an intersecting street, South Road. Three single family
homes and a church parking lot which is under construction are located
on the south side of the street. The three single family homes take
addresses from intersecting streets, Kavanaugh Place and Alden Lane.
2. Neighborhood Effect:
Only the applicant, Westover Hills Presbyterian Church, takes an address
from this two block section of Kavanaugh Blvd.
3. Neighborhood Position:
The owners of all properties abutting the street and the Heights
Neighborhood Association were notified of the proposed name change.
All abutting property owners were invited to an informational meeting
which was hosted by the church on July 17, 2004. As of this writing, staff
has received two telephone calls of opposition.
4. Effect on Public Services:
No opposition has been voiced by any of the reviewing agencies. Five
street name signs will be needed at an approximate cost of $500.00.
July 29, 2004
ITEM NO.: 23 (Cont.) FILE NO.: G-25-191
2
5. Utilities:
No opposition has been voiced by any of the reviewing utilities.
6. STAFF REPORT:
Westover Hills Presbyterian Church is requesting that the name of the
westernmost two block section of Kavanaugh Blvd. be changed to Richard
B. Hardie Drive in honor of the church’s pastor emeritus. The two blocks
of street are located between McKinley Street and Kavanaugh Place. The
church occupies most of the property on the north side of the street and a
portion of the property on the south side. One single family residence
abuts the north side and three single family residences abut the south
side. All of these residences take an address from the intersecting
streets. Only the church has an address on the affected section of street.
This section of Kavanaugh Blvd. is separated from the remainder of the
street by the McKinley-Kavanaugh-Pine Valley intersection. The
centerline of Kavanaugh actually continues northwest into Pine Valley
Drive. The offsetting of the street through this intersection provides a
logical place for a break in the street name. The street then continues
west for two blocks; ending at the Kavanaugh-Kavanaugh Place-“R”
Street intersection.
The church has submitted the following statement in support of the
application:
“Richard Hardie has been a voice of conscience in the Little
Rock community for over half a century. Following his
service in the US Navy in the Pacific during World War II
(where he saw action on a number of occasions) and three
years in seminary, Hardie arrived in Little Rock in 1949 as
the first pastor of Westover Hills, the only congregation he
has ever served as installed pastor. Over the next 35 years
of active ministry Hardie helped the church grow from a
small chapel to the second largest Presbyterian
congregation in Little Rock. During that time he provided
leadership to the congregation and the wider community
during such difficult events as the Central High crisis and the
school closing. As a supporter of civil rights he participated
in the march in Selma, Alabama. As a leader in building
community relations he sought to create an environment in
which people of faith who were white or African-American,
Christian or Jew, could live in peace and harmony. As a
July 29, 2004
ITEM NO.: 23 (Cont.) FILE NO.: G-25-191
3
minister he has visited the sick, cared for the poor, prayed
for the distressed, and spoken with conviction. His goal at
all times has been to bring people together in mutual respect
and understanding, but he has never lost sight of what is fair
and just. Since his retirement in the mid-80’s he has
continued to serve the community with imagination and
vigor. In short, Richard Hardie has been both an asset and
a credit to Little Rock for these many years. It is for these
reasons, and out of love and respect for this man of
character, that the governing body of Westover Hills
unanimously and respectfully requested the change of name
for the street on which the church is located.”
Staff is supportive of the requested name change. The church represents
over 50% of the properties that abut the street. No other property takes
an address from the street. The McKinley-Kavanaugh-Pine Valley
intersection provides a logical break for the name change to occur.
6. STAFF RECOMMENDATION:
Staff recommends approval of the requested street name change.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
The applicant was present. There were no objectors present. Staff present
the item and a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of
10 ayes, 0 noes and 1 absent.