pc_09 09 2004
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
SEPTEMBER 9, 2004
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being seven (7) in number.
II. Members Present: Pam Adcock
Gary Langlais
Norm Floyd
Mizan Rahman
Darrin Williams
Bill Rector
Robert Stebbins
Members Absent: Fred Allen, Jr.
Bob Lowry
Jerry Meyer
Chauncey Taylor
City Attorney: Cindy Dawson
III. Approval of the Minutes of the July 29, 2004 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
SEPTEMBER 9, 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. LU04-11-03 Amendment in the I-430 District from MOC to CS
Between Shackleford Road and I-430 North of
Old Shackleford Road
E. Z-4923-B Rezoning from PCD to O-2 and C-2
Southwest corner of S. Shackleford Road and I-430
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. 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
H.1. Z-7684 Rezoning from R-2 to O-3
East side of Chenonceau Blvd., North of Cantrell Road
H.2. Z-7685 Rezoning from R-2 to O-3
South side of Valley Ranch Drive, North of Cantrell Road
Agenda, Page Two
I. DEFERRED ITEMS: (CONT.)
I. Z-7682 Goss Day Care Family Home – Special Use Permit
6709 Lantana
J. Z-7683 Baird Transitional Housing – Conditional Use Permit
3316 West 12th Street
K. Z-7677 Abraham Day Care Center – Conditional Use Permit
8824 West 34th Street
II. NEW ITEMS:
1. G-23-339 West 40th Street – Right-of-Way Abandonment
Between Foster and Weldon Streets
2. Z-2911-A Rezoning from I-2 to R-3
3202 Mary Street
2.1. Z-2911-B Islamic Center Multipurpose Facility Conditional Use Permit
3202 Mary Street
3. Z-7419-A Rezoning from R-2 to C-4
9304 Mabelvale Pike
4. Z-7707 Barton Day Care Family Home – Special Use Permit
3515 Maryland Avenue
5. Z-7708 Wilborn Day Care Family Home – Special Use Permit
3 Elrod Drive
6. Z-7709 McGraw Day Care Family Home – Special Use Permit
6822 Marguerite Lane
7. Z-7710 Moore Day Care Family Home – Special Use Permit
1704 S. Tyler Street
8. Z-7689-A Lipsmeyer Accessory Dwelling – Conditional Use Permit
5515 “H” Street
9. Z-7706 Roescheise Accessory Dwelling – Conditional Use Permit
2200 Country Club Lane
Agenda, Page Three
II. NEW ITEMS: (CONT.)
10. Z-7711 Little Rock Fire Department Station 16 – Conditional Use Permit
11000 Southridge Drive
11. Z-7712 Yount Manufactured Home Accessory Dwelling –
Conditional Use Permit
19305 Kanis Road
12. G-25-192 Townsend Street Renaming to Highland Drive
September 9, 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.
September 9, 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.
September 9, 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.
September 9, 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.
September 9, 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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the City Attorney’s Office requested the
application be deferred to the October 21, 2004 Agenda, in order for the
Transitional Housing Task Force to complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
September 9, 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.
September 9, 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.
September 9, 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
September 9, 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.
September 9, 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.
STAFF UPDATE:
On May 5, 2004, the applicant requested a deferral to meet with staff to discuss
possible alternatives. No alternatives have been submitted nor have there been
any meetings or communications to date on this item.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
The item was placed on the consent agenda for deferral to the October 21, 2004
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 7 ayes, 0 noes and 4 absent.
September 9, 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.
September 9, 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.).
September 9, 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.
September 9, 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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the applicant requested the application be
deferred to the October 21, 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 October 21, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
September 9, 2004
ITEM NO.: D 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.
September 9, 2004
ITEM NO.: D (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.
September 9, 2004
ITEM NO.: D (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
September 9, 2004
ITEM NO.: D (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.
September 9, 2004
ITEM NO.: D (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.
STAFF UPDATE:
On July 28, 2004, the applicant requested a deferral to meet with staff to discuss
the application. A meeting was held with the applicant, but no changes to the
Land Use Plan Amendment were discussed.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
The item was placed on the consent agenda for deferral to the October 7, 2004
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: E 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.
September 9, 2004
ITEM NO.: E (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
September 9, 2004
ITEM NO.: E (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.
September 9, 2004
ITEM NO.: E (Cont.) FILE NO.: Z-4923-B
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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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the October 7, 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 October 7, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
September 9, 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.
September 9, 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
September 9, 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.
September 9, 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.
September 9, 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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 7 ayes, 0 noes and 4 absent.
September 9, 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.
September 9, 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.
September 9, 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.
STAFF UPDATE:
After further consideration and review of the issue, staff has determined that it is
appropriate to add two additional streets to the list of designated scenic
corridors, in addition to the previously suggested Colonel Glenn Road and
Stagecoach Road. Staff believes it is appropriate to add Kanis Road, from 12th
Street to the western boundary of the planning boundary, and Financial
Center/Chenal Parkway, from Shackleford Road to Kanis Road. In staff’s
opinion, Kanis Road clearly meets the definition of a scenic corridor. Much of
the Kanis Corridor is still undeveloped and rural in nature. The new
developments that have occurred along the corridor have been constructed with
the newer landscape and buffer provisions. Staff also believes it is appropriate
to “fill in the gap” along the I-630/Chenal Parkway corridor by adding that portion
of the Financial Center/Chenal Parkway corridor between Shackleford Road and
Kanis Road. Again, the development that has occurred in that area has been
built with the newer landscape and buffer provisions. Portions of the Parkway
are bordered by parks and park-like settings.
Notice of the currently proposed Ordinance Amendment and of the September 9,
2004 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 Valleyȱ
Otter Creek
SWLR United for Progress
Birchwood
September 9, 2004
ITEM NO.: G (Cont.)
4
Affected Neighborhood Associations (cont.)
Gibralter Heights-Pointe West-Timber Ridge
Leander
Parkway Place
St. Charles
Twin Lakes
Staff subsequently met with a representative of the billboard industry. The
industry has proposed segmenting the scenic corridors and removing the 660
foot prohibition in some areas. The proposal submitted by the industry is as
follows:
PROPOSED SEGMENTED AREAS AND 660’ ZONE REMOVAL
(SEGMENTATIONS)
Area 1 Colonel Glenn 600’ E/O Shackleford to 600’ W/O David O’Dodd.
(Three units placed in this zone (1) 14’ X 48’ and (2) 12’ X 24’s)
Area 2 Kanis Road from I-430 to 2500’ W/O Bowman Road.
(Two unites placed in this zone (1) 14 X 48’ and (1) 12’ X 24’)
Area 3 Highway 10 from I-430 to 600’ W/O Taylor Loop.
(Three units placed in this zone (3) 12’ X 24’s)
Area 4 I-430 from the Markham overpass to 600’ north of Rodney Parham Road.
(Two units placed in this area (2) 14’ X 48’s)
Area 5 Chenal 600’ E/O Bowman to the intersection of Markham.
(Two units to be placed in this area, either 12’ X 24’ or 14’ X 48’)
September 9, 2004
ITEM NO.: G (Cont.)
5
(660’ ZONE REMOVALS)
Area 1 Remove the 660’ zone exclusion from the I-630 and Rodney Parham
intersection. (Two units placed in this area (1) 12’ X 24’ and (1) 14’ X 48’)
Area 2 Remove the 660’ zone exclusion from the I-30 and 440 intersection.
(One unit placed in this area (1) 14’ X 48’)
Area 3 Remove the 660’ zone exclusion from I-630 and 430 intersection. (One unit
to be placed in this area, either 14’ X 48’ or 12’ X 24’)
Area 4 Remove the 660’ zone exclusion from the Chenal and Bowman intersection.
(Two units to be placed in this area. (1) 12’ X 24’ and (1) 14’ X 48’)
Area 5 Remove the 660’ zone exclusion from I-30 and 430 intersection.
(Two units to be placed in this area. (2) 14’ X 48’s)
Note: Number of permits used under this proposal totals 20. Remaining 3
permits shall be placed in C-4, I-1 or I-2 zoning.
Other Suggested Changes: Any interstate location shall be built at a height no more
than 50’, 12’ X 24’ poster sign can be built in C-2 as well as C-3 and Industrial, and no
billboard shall be placed within 1,000’ of any residential subdivision entrance. Any
nonconforming wood pole sign may be upgraded to a single pole sign as long as the
upgrade does not exceed 250 square feet (small poster sign).
The issue is scheduled to be discussed at the September 1, 2004 Plans
Committee meeting. The Plans Committee report and staff recommendation will
be presented at the September 9, 2004 Commission meeting.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff presented the item and recommended that it be deferred to the October 21,
2004 Commission meeting to allow time for further study. There was no
additional discussion.
The item was placed on the Consent Agenda and approved for deferral to the
October 21, 2004 meeting. The vote was 7 ayes, 0 noes and 4 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, KANIS ROAD AND A PORTION OF
COLONEL GLENN ROAD AND CHENAL PARKWAY-
FINANCIAL CENTER PARKWAY 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 Kanis Road from West 12th Street to
the western boundary of the planning boundary, Chenal Parkway-Financial Center
Parkway from Shackleford Road to Kanis Road, 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- Financial Center Parkway from Shackleford Road to State
Highway 300, Kanis Road from West 12th Street to the western
boundary of the planning boundary, Stagecoach Road and Colonel Glenn
Road from Stagecoach Road to the western boundary of the planning
boundary are designated as scenic corridors for the 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
2
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.
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
September 9, 2004
ITEM NO.: H 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.
September 9, 2004
ITEM NO.: H (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
September 9, 2004
ITEM NO.: H (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.
STAFF UPDATE:
On July 28, 2004, the applicant requested the item be deferred. Applicant has
met with Staff on this issue and changes to the application may be forthcoming.
September 9, 2004
ITEM NO.: H (Cont.) FILE NO.: LU04-20-01
4
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
The item was placed on the consent agenda for approval as amended. The
application was amended to remove the portion of the amendment on Valley
Ranch Drive. A motion was made to approve the consent agenda and was
approved with a vote of 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: H.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.
September 9, 2004
ITEM NO.: H.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.
September 9, 2004
ITEM NO.: H.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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the applicant submitted a letter revising the
application to rezone the property from R-2 to O-1, instead of R-2 to O-3. Staff
recommended approval of the O-1 rezoning.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as revised and recommended by staff. A motion
to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and
4 absent. The revised application was approved.
September 9, 2004
ITEM NO.: H.2 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.
September 9, 2004
ITEM NO.: H.2 (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
September 9, 2004
ITEM NO.: H.2 (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.
September 9, 2004
ITEM NO.: H.2 (Cont.) FILE NO.: Z-7685
4
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be withdrawn. Staff supported the withdrawal request.
With a vote of 7 ayes, 0 nays and 4 absent, the Commission voted to waive their
bylaws and accept the withdrawal 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 withdrawal. A motion to that effect was made. The motion
passed by a vote of 7 ayes, 0 nays and 4 absent. The application was
withdrawn.
September 9, 2004
ITEM NO.: I 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.
September 9, 2004
ITEM NO.: I (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.
September 9, 2004
ITEM NO.: I (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).
September 9, 2004
ITEM NO.: I (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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Eloise Goss was present, representing the application. Ms. Goss requested the
application be deferred to the October 21, 2004 Agenda, based on the fact that
only seven (7) commissioners were present. The deferral was offered by the
Commission.
A motion was made to defer the application to the October 21, 2004 Agenda.
The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application
was deferred.
September 9, 2004
ITEM NO.: J 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.
STAFF REPORT:
The Transitional Housing Facilities Task Force has not completed its work. It is
hoped that the Task Force will complete its work in September. Staff believes
this item needs to be deferred until after the Task Force has submitted its report.
Staff has contacted the applicant and he has agreed to defer the item.
September 9, 2004
ITEM NO.: J (Cont.) FILE NO.: Z-7683
2
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the October 21, 2004 Planning
Commission meeting.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
The applicant was not present. There were no objectors present. Staff
presented the item and recommended that it be deferred to the October 21,
2004 meeting. There was no further discussion.
The item was placed on the Consent Agenda and approved for deferral to the
October 21, 2004 meeting. The vote was 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: K 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
September 9, 2004
ITEM NO.: K (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.
September 9, 2004
ITEM NO.: K (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.
September 9, 2004
ITEM NO.: K (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.
STAFF UPDATE:
The applicant has revised his application. The proposed maximum enrollment of
the day care center is now 25 children. There will be three employees, plus the
director. The days and hours of operation are now proposed as Monday through
Friday, 6:00 a.m. to 6:00 p.m.
September 9, 2004
ITEM NO.: 1 FILE NO.: G-23-339
Name: West 40th Street – Right-of-Way Abandonment
Location: Between Foster and Weldon Streets
Owner/Applicant: M. E. Seckt Ltd. Co./C. L. Clifton
Request: To abandon the east 145 feet of the 50 foot
wide West 40th Street right-of-way between
Foster and Weldon Streets.
Purpose: To incorporate the area of abandonment into
the property immediately north and south, in
order to replat into four (4) single family lots for
new home construction.
STAFF REVIEW:
A. Public Need for this Right-of-Way
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. Central Arkansas Water and
Southwestern Bell request that easements be retained within the area of
abandonment. The Public Works comments are as follows:
1. Public Works does not maintain any drainage facilities in this
portion of the undeveloped right-of-way of 40th Street.
B. Master Street Plan
The Master Street Plan would classify West 40th Street as a local road.
Abandonment of this right-of-way will not adversely affect the Master
Street Plan, as it is not classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain
This portion of West 40th Street right-of-way is currently undeveloped and
tree covered. The property on the north and south sides of the right-of-
way is also undeveloped.
D. Development Potential
Once abandoned, the applicant proposes to incorporate the area of
abandonment into the property immediately north and south, in order to
replat into four (4) single family residential lots for new home construction.
September 9, 2004
ITEM NO.: 1 (Cont.) FILE NO.: G-23-339
2
E. Neighborhood and Land Use Effect
All surrounding property is undeveloped and zoned R-2. Kiwanis Park is
located to the southeast. Abandoning this portion of West 40th Street
right-of-way will have no adverse impact on the general area.
F. Neighborhood Position
The John Barrow Neighborhood Association was notified of the
abandonment request. As of this writing, staff knows of no objectors to
the proposed abandonment. The only abutting property owner (excluding
the applicant) is L. A. Duelmer, who owns the property to the northwest
and southwest within the west one-half of this block. Mr. Duelmer is not a
party to the abandonment request, but he was properly notified of the
proposal.
G. Effect on Public Services or Utilities
Central Arkansas Water: No objection to abandonment. Retain a 15 foot
wide easement, 7.5 feet on each side of the centerline of the right-of-
way.
Wastewater: No objection to abandonment.
Entergy: No objection to abandonment.
CenterPoint Energy: No objection to abandonment.
Southwestern Bell: No objection to abandonment. Retain 10 foot wide
north/south easement within west portion of right-of-way.
H. Reversionary Rights
All reversionary rights extend to the adjacent property owner to the north
and south.
I. Public Welfare and Safety Issues
Abandoning this street right-of-way will have no adverse effects on the
public welfare and safety. The Little Rock Fire Department submitted no
comments to the proposed abandonment.
September 9, 2004
ITEM NO.: 1 (Cont.) FILE NO.: G-23-339
3
SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004)
Chuck Clifton was present, representing the application. Staff briefly described
the proposed right-of-way abandonment. Staff noted that all utility companies as
well as Public Works had no objection to the proposal. Staff noted that Central
Arkansas Water and Southwestern Bell requested that portions of the area be
retained as easements. The proposal was briefly discussed.
After the discussion, the Committee forwarded the issue to the full Commission
for full resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed West 40th Street right-of-way
abandonment, subject to portions of the area being retained as utility easements
as noted in paragraph G. of this report.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The
application was approved.
September 9, 2004
ITEM NO.: 2 FILE NO.: Z-2911-A
Owner: North American Islamic Trust, Inc.
Applicant: North American Islamic Trust, Inc.
Location: 3202 Mary Street
Area: Approximately 0.55 Acre
Request: Rezone from I-2 to R-3
Purpose: Multipurpose building for religious facility
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Contractor maintenance yard and single family residences
(across West 32nd Street); zoned I-2 and R-3
South – Single Family residence and multifamily residences;
zoned R-3 and PRD
East – Vacant building; zoned R-3
West – Religious facility; zoned R-3
A. PUBLIC WORKS COMMENTS:
1. With this rezoning action, the proposed land use would classify Mary,
Lucie, and 32nd Streets on the Master Street Plan as a commercial
street. Dedicate right-of-way to 25 feet from centerline to meet the
standards for a minor commercial street.
2. A 20 feet radial dedication of right-of-way is required at the intersection
of the streets.
3. Please refer also to the comments for the proposed multi-purpose
facility (Z-2911-B).
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. The site is near CATA Bus
Routes #9 (UALR Route), #16 (South Highland – UALR Route) and #17A
(Mabelvale – UALR Route) which runs along Fair Park Blvd. to the west.
September 9, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-2911-A
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 Curran-Conway, Midway
and Oak Forest Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the I-630 Planning District. The Land Use Plan
shows Multi Family Residential for this property. The applicant has
applied for a Conditional Use Permit for a religious institution. The Land
Use Plan does not require every religious institution to be in a Public
Institutional land use category.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Lucie Street and Mary Street are shown as Local Roads on the Master
Street Plan. These streets may require dedication of right-of-way and
may require street improvements. Also, one block north of the site is 32nd
Street and one block south is Asher Avenue. 32nd Street is shown as a
Collector and Asher Avenue is shown as a Principal Arterial on the Master
Street Plan. The function of a Local Street is to provide access to
adjacent property and the movement of traffic is considered a secondary
purpose.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Oak Forest
Neighborhood Action Plan. The Community Image goal is to “foster
neighborhood pride and to improve the neighborhood’s image” and listed
one objective relative to this case: “Attract people to the neighborhood
and counter negative perception by improving the neighborhood’s physical
appearance.” Construction of a new religious institution in the
neighborhood would show investment in the property and attract visitors to
the area. The Youth Programs goal is “to provide adequate educational,
recreational, vocational, and social services to youth.” Numerous
Community Image Objectives are relative to this case. 1) “Identify
existing youth programs and determine what additional programs are
needed,” 2) “attract youth programs to the area,” 3) “make all youth
programs and services accessible,” 4) “Encourage adults and
neighborhood groups and institutions to become more involved with the
September 9, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-2911-A
3
neighborhood youth.” Development of a religious institution will provide
activities than can benefit area youth. The religious institution may be
able to work with the local neighborhood associations to be more active
with community services aimed at benefiting the community.
E. STAFF ANALYSIS:
North American Islamic Trust, Inc., owner of the 0.55 acre property at
3202 Mary Street, is requesting to rezone the property from “I-2” Light
Industrial District to “R-3” Single Family District. The rezoning is proposed
in order to construct a multipurpose building to serve the Islamic religious
facilities located immediately to the west. The property is located along
the west side of Mary Street between West 32nd Street and Lucie Avenue,
and consists of four (4) platted lots. A conditional use permit has also
been filed for the proposed multipurpose building and is item 2.1 on this
agenda.
The property is currently vacant and mostly grass covered. There is an
existing gravel drive from Lucie Avenue with a paved apron. There is a
chain-link fence surrounding the property. There is also a platted alley
along the west property line.
The general area contains a mixture of uses. The Islamic religious
facilities are located immediately to the west. There is a vacant church
building located across Mary Street to the east, with the Kaufman Lumber
Company development to the southeast. A contractor’s maintenance yard
and single family residences are located across West 32nd Street to the
north. A single family residence and multifamily development are located
across Lucie Avenue to the south.
The City’s Future Land Use Plan designates this property as Multifamily.
The requested zoning change to R-3 with a conditional use permit for a
religious facility does not require a change to the Land Use Plan.
Staff is supportive of the requested R-3 zoning. Staff feels that the
request is reasonable. The applicant is proposing the rezoning in order to
expand the Islamic religious facility which is located immediately to the
west, also on R-3 zoned property. Staff feels that the expansion of the
Islamic religious facility will represent a quality in-fill development within
this area of the City. Staff believes the proposed rezoning will have no
adverse impact on the general area.
September 9, 2004
ITEM NO.: 2 (Cont.) FILE NO.: Z-2911-A
4
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-3 rezoning.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The
application was approved.
September 9, 2004
ITEM NO.: 2.1 FILE NO.: Z-2911-B
NAME: Islamic Center Multipurpose Facility –
Conditional Use Permit
LOCATION: 3202 Mary Street
OWNER/APPLICANT: North American Islamic Trust, Inc./
Mohammed Shahare
PROPOSAL: A conditional use permit is requested to allow for
construction of a multipurpose facility to serve the
Islamic Center of Little Rock. The property is
currently zoned I-2. A request to rezone the property
to R-3 is a separate item on this agenda (Z-2911-A).
1. SITE LOCATION:
The site is located on the west side of Mary Street, between West 32nd
Street and Lucie Avenue; two blocks north of Asher Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within a pocket of mixed uses and zoning “sandwiched”
between the Oak Forest residential neighborhood and the Asher Avenue
commercial corridor. Uses include contractors’ storage yards, a
multifamily development, a lumberyard and other facilities of the Islamic
Center. The proposed use is compatible with uses and zoning in the
area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Curran Conway, Midway
and Oak Forest Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
No new parking is proposed in conjunction with this new facility. The
Islamic Center has existing parking located adjacent to the other
buildings, west of this site. On May 15, 2003, the Commission approved a
C.U.P. to allow use of the property west of the site as a parking lot, with a
12-month deferral of the paving, right-of-way dedication and street
improvement requirements (Z-7392). This parking lot is now proposed to
be developed in conjunction with this new building.
September 9, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Areas set aside for buffers and landscaping meet with ordinance
requirements.
5. PUBLIC WORKS COMMENTS:
1. Provide design of street conforming to the Master Street Plan.
Construct one-half street improvement to these streets including 5-foot
sidewalks with planned development.
2. A grading permit in accordance with Section 29-186(c) & (d) will be
required prior to any land clearing or grading activities at the site. Site
grading and drainage plans will need to be submitted and approved
prior to the start of construction. Call 371-4817.
3. Storm water detention will not apply to the proposed development.
4. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
5. No new off-street parking is proposed, however, it should note that on
street parking is limited by narrow boundary streets around the
proposed center.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing 6” sewer main located in alley. Contact Little Rock
Wastewater Utility prior to construction for location and assistance if
necessary.
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. The maximum meter size
available off the existing main is ¾ inch. A Capital Investment Charge
based on the size of the meter connection(s) will apply to this project in
addition to normal charges.
September 9, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B
3
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). Installation of a public
water main will also be required in order to allow for the fire hydrant
installation.
The development will have minor impact on the existing water
distribution system. Proposed water facilities will be sized to provide
adequate pressure and fire protection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. Routes are located
in the general vicinity; along Asher Avenue, West 29th Street and Fair
Park Boulevard.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004)
The applicant was present. Staff presented the item and noted additional
information was needed on the building design, uses, days and hours of
operation, signage, site lighting and fencing. Staff asked the applicant to more
clearly label the building setbacks and to provide a copy of the bill of assurance.
Staff informed the Committee that the 12-month deferral of the paving, right-of-
way dedication and street improvements for the parking lot adjacent to the west
had expired. The applicant responded that the parking lot would be brought up
to code in conjunction with construction of this new building.
Public Works, Utility and Landscape Comments were presented. The applicant
was advised to meet with those individual agencies, if there were any questions.
The Committee determined there were no other issues and, after advising the
applicant to respond to staff issues by August 25, 2004, forwarded the item to
the full Commission.
STAFF ANALYSIS:
The Islamic Center of Little Rock proposes to construct a multipurpose facility on
the vacant, I-2 zoned property located at 3202 Mary Street. This property was
September 9, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B
4
previously occupied by a contractor’s storage yard. A request to rezone the
property to R-3 is a separate item on this agenda, (Z-2911-A). The facility will be
used in conjunction with other Islamic Center facilities located to the west. The
proposed building will contain two levels and will be 28 feet in height. The
building will be constructed of steel and masonry, to match the Center’s other
buildings, and will have a metal roof with a 2/12 pitch. The building is to contain
a basketball court, library, offices and meeting rooms. Hours of operation are
likely to be 8:00 a.m. to 5:00 p.m., seven days week, with some evening use.
The building is proposed to occupy the entirety of the half block bounded by
West 32nd, Anna, Mary and Lucie. The applicants propose the building to have a
reduced front yard (Mary Street) setback of 13.3 feet and a reduced rear yard
(alley) setback of 10 feet. The side setbacks are proposed as 15 feet and 14.9
feet. The side and front setbacks will be reduced once the required dedication of
right-of-way has occurred. Even with the reduction, the side setbacks will comply
with the R-3 requirement. The reduced front and rear yard setbacks should have
minor impact since there is an alley to the rear and the streets are not heavily
trafficked.
Staff is supportive of the requested conditional use permit. The proposed new
building will be a component of the overall campus the Islamic Center is
developing between West 32nd and Lucie Streets. Parking is available on
center-owned properties adjacent to the site. The property is located in an area
of mixed zoning and uses and the proposed use should be compatible with the
neighborhood. There is no bill of assurance issue.
On May 15, 2003, the Commission approved a conditional use permit to allow
use of the property directly northwest of this site (at the SE corner of West 32nd
and Anna Streets) as a parking lot with a 12-month deferral of the paving
requirement, right-of-way dedication and street improvements. None of these
have occurred. The applicant now proposes to accomplish these requirements
in conjunction with construction of this proposed building. Staff is agreeable to
that arrangement as long as construction of this new building commences within
a reasonably short time. If permits are not obtained and construction started
within six months, staff believes use of the unimproved parking lot must cease or
the parking lot must be brought up to Code compliance.
On August 26, 2004, the applicant submitted responses to some of the issues
raised at Subdivision Committee. The outstanding issues can easily be
addressed in the staff recommendation. To staff’s knowledge, there are no
outstanding issues to prevent approval of the conditional use permit.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit subject to
compliance with the following conditions:
September 9, 2004
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B
5
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the Staff Report.
2. Signage is to be limited to that allowed in office and institutional zones.
3. All site lighting is to be shielded downward and into the site.
4. Any dumpster must be properly screened and is to not be accessed directly
from the street.
5. If permits are not obtained and construction commenced on this new building
by March 9, 2005, use of the unimproved parking lot at the southeast corner
of West 32nd and Anna Streets must cease or the parking lot must be brought
into full code compliance; including paving, landscaping, screening, right-of-
way dedication and street improvements.
Staff recommends approval of the setback variances, as proposed.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. Staff also
recommended approval of the setback variances. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended
by staff, including the setback variances. The vote was 7 ayes, 0 noes and
4 absent.
September 9, 2004
ITEM NO.: 3 FILE NO.: Z-7419-A
Owner: Coburn Land and Leasing
Applicant: R. C. Coburn
Location: 9304 Mabelvale Pike
Area: 0.313 Acres
Request: Rezone from R-2 to C-4
Purpose: Commercial
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Volvo Rents (under construction); zoned C-4
South – Undeveloped; zoned C-4
East – Undeveloped (across Mabelvale Pike); zoned C-3
West – Light Industrial development; zoned I-2
A. PUBLIC WORKS COMMENTS:
1. For this zoning action, Mabelvale Pike is classified on the Master
Street Plan as a minor arterial. A minimum dedication of right-of-way
45 feet from centerline will be required prior to final Board action.
2. A modified grading permit in accordance with section 29-186(c) & (d)
will be required prior to any additional land clearing or grading activities
at the site. Site grading, and drainage plans, prepared by a registered
professional engineer, will need to be submitted and approved prior to
any further site grading.
3. With future building permit, provide design of street conforming to the
Master Street Plan. Construct one-half street improvements to this
street including 5-foot sidewalks with planned.
September 9, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-7419-A
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. The site is located near
CATA Bus Routes #17 (Mabelvale – Downtown route) and #17A
(Mabelvale – UALR route) which run along I-30 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 Mavis Circle, Pinedale
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for C–4 Open Display Commercial District for a commercial use.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan and
may require dedication of right-of-way and require street improvements. A
Minor Arterial provides connections to and through an urban area and
their primary function are to provide short distance travel within the
urbanized area.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Chicot West/I-30
South Neighborhood Action Plan. The Infrastructure goal has four
objectives relevant to this case: 1) “bring all streets up to city standards,”
2) “identify and correct drainage problems in the area,” 3) “provide
streets for safe and efficient traffic flow,” 4) “provide sidewalks on major
roads and near schools.” Development of a commercial use in this area
needs to address traffic flow on Mabelvale Pike and insure that the
Infrastructure goals are met. Water runoff from the site may need to be
controlled to address potential area drainage problems. The Economic
Development goal is to “provide a mixed commercial/residential
environment that will promote the safety, attractiveness, and value of the
area while creating a competitive and adaptable economic climate that
encourages investment and diversity of employment opportunities.” The
September 9, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-7419-A
3
Economic Goal has three objectives relevant to this case 1) “attract
better restaurants,” 2) “attract neighborhood oriented business,” 3)
“attract a grocery store to the area.” The neighborhood would like to
attract desirable businesses that target the middle class consumer and
indicates a need for sit-down restaurants. The Community Image goal
states two objectives relevant to this case: 1) “start a community
beautification project,” 2) “strictly enforce codes.” Development of this
property will need to follow all aspects of the city landscape ordinance and
conform to code.
E. STAFF ANALYSIS:
Coburn Land and Leasing, owner of the 0.313 acre property at 9304
Mabelvale Pike, is requesting to rezone the property from “R-2” Single
Family District to “C-4” Open Display District. The rezoning is proposed in
order to incorporate the property into the C-4 zoned property immediately
north and west for development of Volvo Rents, an equipment rental
business.
The property is located on the west side of Mabelvale Pike, approximately
500 feet south of Interstate 30. It is currently undeveloped and grass
covered. A single family residence which existed on the site was recently
removed.
This general area along Mabelvale Pike contains a mixture of zoning and
uses. The property immediately north is zoned C-4. The property further
north along the south side of I-30 is also zoned commercial (C-3 and C-4)
and contains commercial uses. The property immediately south is also
zoned C-4 with a single family residence and commercial/light industrial
uses (along Davmar Drive) located further south. There is undeveloped
C-3 zoned property across Mabelvale Pike to the east, with a light
industrial use on the I-2 zoned property further to the west.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-4 zoning does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-4 zoning. Staff feels that C-4
zoning for the property is reasonable. Staff feels that incorporating this
property into the larger C-4 zoned tract which wraps around it to the north
and west is a good use of the property. Staff believes the proposed
rezoning will have no adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
September 9, 2004
ITEM NO.: 3 (Cont.) FILE NO.: Z-7419-A
4
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
R. C. Coburn was present, representing the application. There were two (2)
persons present with concerns. Staff presented the application with a
recommendation of approval.
Paula Baer addressed the Commission with concerns. She expressed concerns
with the site work taking place on the property immediately south of the property
in question (immediately north of her residence at 9400 Mabelvale Pike). She
expressed concerns with water run-off onto her property.
R. C. Coburn addressed the Commission in support of the application. Mr.
Coburn explained why the rezoning request was made. In response to questions
from Commissioner Adcock, Mr. Coburn explained that the rezoning was
proposed in order to incorporate the property into his C-4 zoned property which
wraps around it to the north and west. Mr. Coburn also noted that his sand
blasting business would not be moved to this location.
There was a brief discussion of the property immediately south of the property in
question. Commissioner Rector asked if any violations existed on the property to
the south. Mike Hood, of Public Works, explained that there had been violations
in the past. He noted that the property currently had a permit for grading, and
that his department would monitor the site. Mr. Coburn noted that the property
to the south would be graded and seeded as per City requirements. In response
to a question from the Commission, staff noted that the property to the south
could not be used for storage/display of vehicles or equipment without
developing the site per City requirements (paving, landscaping, etc.).
Commissioner Floyd asked if the Fire Department had been involved with the
property. Mr. Coburn explained that he had a permit to burn trees on the
property. He noted that the Fire Department had inspected the site and allowed
him to proceed with the burning.
There was a motion to approve the application, as filed. The motion passed by a
vote of 7 ayes, 0 nays and 4 absent. The C-4 zoning was approved.
September 9, 2004
ITEM NO.: 4 FILE NO.: Z-7707
Name: Barton Day Care Family Home –
Special Use Permit
Location: 3515 Maryland Avenue
Owner: Lafonza Barton
Applicant: Jacqueline Barton
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-3
zoned property at 3515 Maryland Avenue.
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 Pine to Woodrow, Forest
Hills, Stephens Area Faith and Hope Neighborhood Associations were
notified of the public hearing.
B. Staff Analysis:
3515 Maryland Avenue is located on the south side of Maryland Avenue,
between Valentine and Valmar Streets. The properties to the south, east
and west are zoned R-3 and contain single family residences. The
property across Maryland Avenue to the north is zoned R-4.
The applicant’s home is a two-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 applicant proposes to operate the day care from 7:00 a.m.
to 5:30 p.m., Monday through Friday. The applicant has noted that she
will have no employees.
There is a one-car wide concrete driveway from Maryland Avenue, with
parking for three (3) 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.
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,
September 9, 2004
ITEM NO.: 4 (Cont.) FILE NO.: Z-7707
2
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 met with Pulaski County personnel who were unable to locate a
Bill of Assurance for this property.
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family proposed to be located within 300
feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
September 9, 2004
ITEM NO.: 4 (Cont.) FILE NO.: Z-7707
3
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. On inspection of the site, staff observed some debris in the
rear yard from where a storage building had been torn down. These
materials will need to be removed from the rear yard. Otherwise, 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: (AUGUST 19, 2004)
Jacqueline Barton was present, representing the application. Staff
presented the application, describing the proposed day care family home.
The specifics of the application were briefly discussed. In response to a
question from staff, Ms. Barton noted that 3515 Maryland Avenue is her
principal residence. 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.
Staff noted that there was a pile of debris in the rear yard where a storage
building had been torn down. Ms. Barton noted that the debris would be
removed from the property. After the discussion, the Committee
forwarded the issue to the full Commission for final action.
September 9, 2004
ITEM NO.: 4 (Cont.) FILE NO.: Z-7707
4
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 3515 Maryland Avenue, 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
daylight hours.
4. The debris in the rear yard must be removed prior to operation of the
day care family home.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The
application was approved.
September 9, 2004
ITEM NO.: 5 FILE NO.: Z-7708
Name: Wilborn Day Care Family Home –
Special Use Permit
Location: 3 Elrod Drive
Owner: Capital Partners, LLC
Applicant: Mary Wilborn
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 3 Elrod 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 Windamere, Cloverdale
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
B. Staff Analysis:
3 Elrod Drive is located on the west side of Elrod Drive, north of Baseline
Road. Elrod Drive is a short, dead-end street with three (3) single family
residences on its west side. There is vacant R-2 and C-3 zoned property
to the east across Elrod Drive. There are two (2) commercial buildings to
the south at the northeast and northwest corners of Elrod Drive and
Baseline Road. There is a large commercial building immediately west at
the northeast corner of Geyer Springs and Baseline Roads.
The applicant’s home is a one-story brick and frame structure, and is
typical of those to the north and south. 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 no employees.
There is a two-car wide concrete drive from Elrod Drive, with parking for
six (6) vehicles including the carport. On inspection of the site, one (1)
vehicle was parked in front yard on the grass. The vehicle has since been
removed. 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.
September 9, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-7708
2
The applicant has noted that she has been licensed by the State for a day
care family home at this location for three (3) years. The applicant is
licensed for the 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 1969 and appears to still be in effect. The Bill of
Assurance appears to address no use issues relevant to this property.
The large commercial development immediately to the west is part of this
same subdivision.
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.
September 9, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-7708
3
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s Office each year at the time
of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004)
Mary Wilborn was present, representing the application. Staff presented
the application, describing the proposed day care family home. The
specifics of the application were briefly discussed. In response to a
question from staff, Ms. Wilborn noted that 3 Elrod Drive is her principal
residence. 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.
September 9, 2004
ITEM NO.: 5 (Cont.) FILE NO.: Z-7708
4
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 3 Elrod 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
daylight hours.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the applicant failed to notify one (1) property
owner within 200 feet of the site. Staff recommended the application be
deferred.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
September 9, 2004
ITEM NO.: 6 FILE NO.: Z-7709
Name: McGraw Day Care Family Home –
Special Use Permit
Location: 6822 Marguerite Lane
Owner: Angela McGraw
Applicant: Angela McGraw
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 6822 Marguerite 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 Briarwood Neighborhood
Association were notified of the public hearing.
B. Staff Analysis:
6822 Marguerite Lane is located on the north side of Marguerite Lane,
approximately 300 feet west of Hughes Street. The properties to the
north, east and west are zoned R-2 and occupied by single family
residences. Interstate 630 right-of-way is located across Marguerite Lane
to the 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 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has
noted that she will have no employees.
There is a two-car wide concrete drive from Marguerite Lane, 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.
September 9, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7709
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 1965 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. LAND USE AND BUILDING TYPE – Said land here in
platted shall be held, owned, and used only as residential
building sites. No structures shall be erected, altered,
placed, or permitted to remain on any building site other
than one detached single-family dwelling not to exceed two
and one-half stories in height, no detached outbuildings
permitted; such classification of outbuildings to exclude
detached garage.”
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
September 9, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7709
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: (AUGUST 19, 2004)
Angela McGraw was present, representing the application. Staff
presented the application, describing the proposed day care family home.
The specifics of the application were briefly discussed. In response to a
question from staff, Ms. McGraw noted that 6822 Marguerite Lane is her
principal residence. Staff noted that the proposed day care family home
September 9, 2004
ITEM NO.: 6 (Cont.) FILE NO.: Z-7709
4
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 6822 Marguerite 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.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The
application was approved.
September 9, 2004
ITEM NO.: 7 FILE NO.: Z-7710
Name: Moore Day Care Family Home –
Special Use Permit
Location: 1704 S. Tyler Street
Owner: Maddloyn Moore
Applicant: Maddloyn Moore
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-3
zoned property at 1704 S. Tyler Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Oak Forest, Midway,
Curran-Conway and Hope Neighborhood Associations were notified of the
public hearing.
B. Staff Analysis:
1704 S. Tyler Street is located on the west side of S. Tyler Street,
between West 17th and West 18th Streets. All of the surrounding
properties are zoned R-3 and contain single family residences. There is
an elementary school located approximately one (1) block to the east
along Harrison Street.
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 7:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has
noted that she will have one (1) employee, her daughter who also lives at
1704 S. Tyler Street.
There is a one-car wide concrete driveway from S. Tyler Street which
extends along the south side of the residence, into the rear yard. There is
parking for approximately 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.
September 9, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7710
2
The applicant has noted that she has been licensed by the State for a day
care family home at this location since September 1998. The applicant is
licensed for the 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 1907 and 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.
September 9, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7710
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, 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: (AUGUST 19, 2004)
Maddloyn Moore was present, representing the application. Staff
presented the application, describing the proposed day care family home.
The specifics of the application were briefly discussed. In response to a
question from staff, Ms. Moore noted that 1704 S. Tyler Street is her
principal residence. 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 1704 S. Tyler Street, subject to the following conditions:
September 9, 2004
ITEM NO.: 7 (Cont.) FILE NO.: Z-7710
4
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The
application was approved.
September 9, 2004
ITEM NO.: 8 FILE NO.: Z-7689-A
NAME: Lipsmeyer Accessory Dwelling –
Conditional Use Permit
LOCATION: 5515 “H” Street
OWNER/APPLICANT: Teri Lipsmeyer
PROPOSAL: A conditional use permit is requested to allow for
construction of an accessory dwelling on the second
floor of a proposed accessory structure to be built on
this R-3 zoned lot.
1. SITE LOCATION:
The property is located on the south side of “H” Street, between Polk and
Taylor Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The properties immediately around the site are zoned R-2 and R-3 and
are occupied by single family residences. Within the larger neighborhood
around the site, there are several nonresidential uses; including Forest
Heights Middle School located two blocks to the west, Francis Allen
School located one block to the east, Fair Park Elementary and
Woodlawn Baptist Church located two blocks to the south. There have
been other accessory dwellings approved in the general area; including
Hillcrest, Lincoln Park and Prospect Terrace.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Hillcrest Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The principal dwelling and proposed accessory dwelling require one on-
site parking space each. The proposed garage will be accessed via an
alley off of “H” Street. The garage will contain parking for two vehicles.
4. SCREENING AND BUFFERS:
No Comments.
September 9, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7689-A
2
5. PUBLIC WORKS COMMENTS:
1. No encroachment of fill or wall construction of any kind should be
placed within the existing alley ditch that would obstruct flow or narrow
the channel. Contact Mel Hall (501) 918-5217 for grading inspection
during construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing 8” sewer main located in alley. Contact Little Rock
Wastewater Utility prior to construction for location and assistance if
necessary.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A route is located
nearby; on Lee Avenue, north on Fillmore and west “H” Street; 1 ½
blocks west of this site.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004)
The applicant was not present. Staff presented the item and informed the
Commission that some additional information was needed on building design
and interior layout of the accessory dwelling. The Committee was informed that
the Board of Adjustment had approved an area coverage variance on July 26,
2004 to allow construction of the two-story accessory building. Staff noted the
applicant had stated only family members would occupy the accessory dwelling.
Staff stated the applicant would be contacted regarding the outstanding
information.
Public Works and Utility Comments were noted.
September 9, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7689-A
3
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-3 zoned lot located at 5515 “H” Street is currently vacant. The applicant
proposes to construct a new, single-family residence and an accessory structure
on the property. The accessory building is proposed to contain a two-car garage
on the ground floor and an accessory dwelling on the upper floor. Access to the
garage is via an alley on the east side of the lot, off of “H” Street. The accessory
dwelling is proposed to contain two bedrooms, a living area, bathroom and
kitchen. Occupancy of the accessory dwelling will be limited to family members
of the property owner and it will not be rented. No separate utilities are
requested. The building will be constructed of brick and frame to match the new
house. The bill of assurance does not address use issues.
Staff is supportive of the requested Conditional Use Permit. There are other
accessory dwellings in the overall area; including Hillcrest, Prospect Terrace and
Lincoln Park. On July 26, 2004, the Board of Adjustment approved an area
coverage variance to allow the accessory building to occupy more than 30% of
the required rear yard. The property is bordered by a 10 foot alley on the east
and a 20 foot, undeveloped alley on the south; providing additional separation.
With the limits placed on occupancy of the accessory dwelling, the use should be
compatible with the neighborhood.
The applicant has requested to be allowed to construct the accessory building
prior to constructing the principal dwelling, due to difficulty in accessing the rear
of the lot. Staff believes the building permit for the principal dwelling must be
pulled at the same time as the permit for the accessory building. The Certificate
of Occupancy for the accessory building should not be issued prior to the
Certificate of Occupancy for the principal dwelling.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit to
compliance with the following conditions:
1. Compliance with the Public Works and Utility Comments in Sections 5 and 6
of the Staff Report.
2. Occupancy of the accessory dwelling is to be limited to family members and
guests of the property owner and the accessory dwelling is not to be rented.
September 9, 2004
ITEM NO.: 8 (Cont.) FILE NO.: Z-7689-A
4
3. The property owner is to live on the site.
4. The building permit for the accessory dwelling may be issued at the same
time as the building permit for the principal dwelling. The Certificate of
Occupancy for the accessory building is not to be issued prior to issuance of
the Certificate of Occupancy for the principal dwelling.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: 9 FILE NO.: Z-7706
NAME: Roescheise Accessory Dwelling –
Conditional Use Permit
LOCATION: 2200 Country Club Lane
OWNER/APPLICANT: Mr. and Mrs. Donald Roescheise/
Robin Bourné, Architect
PROPOSAL: A conditional use permit is requested to allow for
construction of an accessory dwelling on this R-2
zoned property.
1. SITE LOCATION:
The property is located at the northwest corner of Country Club Blvd. and
Country Club Lane; at the entrance to the Little Rock Country Club.
2. COMPATIBILITY WITH NEIGHBORHOOD:
Other than for the adjacent Country Club and golf course, the surrounding
neighborhood is exclusively single family in nature. Other homes in the
area have accessory dwellings or guest houses. The applicants propose
to remove two accessory dwellings, a guest house and a servant’s
quarters, and replace them with a single accessory dwelling which will
only be occupied by family members or guests. The proposed use should
be 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 Heights Neighborhood
Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The principal dwelling and accessory dwelling require one on-site parking
space each. The proposed garage will accommodate two vehicles.
There is enough space on the driveway for two additional vehicles.
4. SCREENING AND BUFFERS:
No Comments.
September 9, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7706
2
5. PUBLIC WORKS COMMENTS:
1. Regarding the request to remove sidewalks on the property frontage,
Country Club Lane ends one block north of the property, essentially
functioning as a minor residential street. No sidewalk would be
required on a minor residential street. Because Country Club
Boulevard is a standard residential street that currently has sidewalk
on that block leading into the club, Public Works would recommend
that the sidewalk remain on this street.
(NOTE: The applicants have withdrawn their request to remove the
sidewalk along Country Club Boulevard.)
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Existing 6” sewer main located on site. Contact Little Rock
Wastewater Utility prior to construction for location and assistance if
necessary.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. The nearest route is
located on Cantrell Road and Kavanaugh Boulevard.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004)
Robin Bourné and Donald Roescheise were present. Staff presented the item
and asked the applicant to provide additional details regarding the design of the
proposed accessory dwelling. The applicant briefly discussed the proposed
design and stated it would be in the Craftsman Style to blend with the
neighborhood. In response to a question from staff, the applicant stated no
separate utilities would be requested for the accessory dwelling and the dwelling
would never be rented. The applicant stated he would like to remove the
September 9, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7706
3
sidewalks along the south and east perimeters of the site. Public Works Staff
responded they would review the request. Utility Comments were noted.
The applicant was advised to respond to staff issues by August 25, 2004. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 2200 Country Club Blvd. is occupied by a two-
story, brick, single family residence; a 1,060 square foot, wood frame
garage/guest house; and a 189 square foot servants quarters building. The
house is being remodeled, including the addition of a new master bedroom suite
and laundry room. The applicants propose to remove the two existing accessory
buildings and to replace them with a single, one-story building containing and
two-car garage and an accessory dwelling. The accessory dwelling will have a
combined bedroom/great room, kitchen, bathroom, closet and storage.
Occupancy of the accessory dwelling will be limited to family and guests of the
property owners. The new building will have a brick exterior and a hip shingled
roof. The building will be in the Craftsman Style to match the neighborhood. No
separate utilities are requested and the accessory dwelling will never be rented.
The 1913 Bill of Assurance does not address use issues. The proposed new
building will comply with ordinance setbacks. A variance is requested to allow
the structure to cover more than 30% of the required rear yard area. The
structure is proposed to cover 57% of the required rear yard area.
Staff is supportive of the requested Conditional Use Permit. The proposed use
is not out of character with uses in the area. The applicant is removing two
accessory buildings, each of which contained an accessory dwelling, and
replacing them with a single building and accessory dwelling which will only be
occupied by family members or guests. The existing accessory buildings now
occupy 50% of the required rear yard area. The applicant is requesting to only
slightly increase that coverage to 57% with the new building. The property is one
of the larger properties in the neighborhood, being comprised of two lots. Large
areas of open yard remain in the front and along each side. The applicant has
withdrawn his request to remove the sidewalk along the Country Club Blvd.
perimeter. Staff is supportive of the requested removal of the sidewalk on the
Country Club Lane (east) perimeter.
To staff’s knowledge there are no outstanding issues. The applicant responded
to issues raised at Subdivision Committee and reflected in the analysis above.
September 9, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7706
4
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit subject to
compliance with the following conditions:
1. Compliance with the Staff Comments and Conditions outlined in Sections 5
and 6 of the staff report.
2. Occupancy of the accessory dwelling is to be limited to family members and
guests of the property owners who will occupy the principal dwelling on the
site.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: 10 FILE NO.: Z-7711
NAME: Little Rock Fire Department Station 16 –
Conditional Use Permit
LOCATION: 11000 Southridge Drive
OWNER/APPLICANT: City of Little Rock/Wittenberg, Delony
and Davidson, Architects
PROPOSAL: A conditional use permit is requested to allow for
expansion of the existing fire station on this R-2
zoned property.
STAFF REPORT:
On August 30, 2004, the applicant requested that this item be deferred for
possible changes to be made to the plan. Staff recommends that the item be
deferred to the October 21, 2004 Commission meeting.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the October 21, 2004 meeting. There
was no further discussion.
The item was placed on the Consent Agenda and approved for deferral to the
October 21, 2004 meeting. The vote was 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: 11 FILE NO.: Z-7712
NAME: Yount Manufactured Home Accessory Dwelling –
Conditional Use Permit
LOCATION: 19305 Kanis Road
OWNER/APPLICANT: Geraldine King/Aaron Yount
PROPOSAL: A conditional use permit is requested to allow for
placement of a multi-sectional manufactured home on
this R-2 zoned, 3.61 acre tract to serve as an
accessory dwelling.
1. SITE LOCATION:
The site is located on the south side of Kanis Road, between Stewart
Road and Iron Horse Road. The property is outside of the city limits but
within the City’s extraterritorial jurisdiction.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The area is rural in nature, characterized by single family homes on larger
tracts and large areas of undeveloped woodlands. This 3.61 acre tract is
located some 300 feet off of Kanis Road and is surrounded by trees and
shrubbery, limiting visibility of the site from other properties. Allowing
placement of the proposed manufactured home should not impact
adjacent properties. The proposed multisectional home is to be located
generally in the spot previously occupied by a single-wide mobile home.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified were notified of this request.
3. ON SITE DRIVES AND PARKING:
The principal dwelling and proposed accessory dwelling each require one
on-site parking space. The property is accessed via a gravel driveway off
of Kanis Road. There is more than sufficient on-site parking space on the
property.
4. SCREENING AND BUFFERS:
No Comments.
September 9, 2004
ITEM NO.: 11 (Cont.) FILE NO.: Z-7712
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Outside service boundary. No Comment.
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.
An application has been made to serve this property with a private line.
If this application is approved this property would be served through a
private easement with the water meter being set on Kanis Road and
only one meter would be allowed to serve this property. A Capital
Investment Charge based on the size of the meter connection(s) will
apply to this project in addition to normal charges. This fee will apply
to all meter connections including any metered connections off the
private fire system.
Fire Department: Approved as submitted.
County Planning: No Comments received. Contact David Harris at
Pulaski County Planning at 340-8260.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004)
The applicants were present. Staff presented the item and asked for additional
information on the proposed manufactured home. In response to a question
from staff, Mr. Yount stated separate utilities were already in place since the site
was previously occupied by a mobile home. The applicants submitted a revised
site plan showing the existing driveways. Staff asked the applicants to describe
the long-term use of the accessory dwelling and asked if it would ever be rented.
Mr. Yount stated the accessory dwelling would never be rented.
September 9, 2004
ITEM NO.: 11 (Cont.) FILE NO.: Z-7712
3
Utility Comments were presented. There were no other comments. The
applicants were advised to respond to staff issues by August 25, 2004. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned, 3.61 acre tract at 19305 Kanis Road is currently occupied by
one, site-built single family residence. A single-wide mobile home which was
also on the tract has been removed, but the utility hook-ups remain. The
property is outside of the city limits but within the City’s extraterritorial jurisdiction.
The applicants are requesting approval of a conditional use permit to allow
placement of a 28’ X 80’ (maximum) multisectional manufactured home on the
property as an accessory dwelling. The applicants will occupy the accessory
dwelling and help care for elderly parents who occupy the principal dwelling. The
proposed manufactured home will be a newer model (2,000+) and will have a
pitched shingled roof and vinyl siding. The property is located 300± feet off of
Kanis Road and is accessed via a gravel driveway. The property is bordered by
dense trees and vegetation, providing screening from other properties.
Staff is supportive of the requested Conditional Use Permit. The 3.61 acre tract
is large enough to support both the existing residence and the proposed
manufactured home. It is not unusual to find manufactured homes on properties
in this unincorporated area. The home will be placed to comply with Ordinance
Siting Standards. The utility connections are already in place since the site was
previously occupied by a mobile home. The property is not covered by a valid
bill of assurance.
At some point in the future, the applicants will occupy the principal dwelling.
The manufactured home accessory dwelling will remain on the site to be
occupied only by family members or guests of the property owners. The
accessory dwelling will not be rented.
On August 24, 2004, the applicants submitted responses to staff issues raised at
Subdivision Committee and reflected in the analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the Conditional Use Permit application subject to
compliance with the following conditions:
1. Compliance with the Utility Comments in Section 6 of the staff report.
September 9, 2004
ITEM NO.: 11 (Cont.) FILE NO.: Z-7712
4
2. The accessory dwelling is to only be occupied by family members and guests
of the property owner and is not to be rented. The property owner must live
on-site.
3. Compliance with the following siting criteria established in Section
36-254.(d)(5):
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or
greater.
b. Removal of all transport elements.
c. Permanent foundation.
d. Exterior wall finished so as to be compatible with the neighborhood.
e. Orientation compatible with placement of adjacent structures.
f. Underpinning with permanent materials.
g. All homes shall be multisectional.
h. Off-street parking per single-family dwelling standard.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. One letter of
opposition had been received. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 7 ayes, 0 noes and 4 absent.
September 9, 2004
ITEM NO.: 12 FILE NO.: G-25-192
NAME: Townsend Street – Renaming to Highland Drive
LOCATION: Townsend Street; located on the north side of
Cantrell Road, two blocks east of the Candlewood
Shopping Center (Kroger).
PETITIONER: James E. Hathaway, Jr. and Pfeifer Family Limited
Partnership #2
PROPOSAL: To change the name of Townsend Street to Highland
Drive.
ORDINANCE DESIGN STANDARDS:
1. Abutting Uses and Ownership:
All properties which abut the street are currently undeveloped. Two of the
lots on the west side of the street have been approved for
office/commercial uses under a PCD. The large lot at the end of the
street has been approved for a multifamily development. Construction
has begun on that site.
Four of the six lots abutting the street are owned by the applicants. The
owners of the apartment development are not petitioners but are
supportive of the change. The one remaining lot fronts onto Cantrell
Road and will likely take a Cantrell address when it develops.
2. Neighborhood Effect:
No businesses or residents currently take an address from Townsend
Street. There will be no effect on the neighborhood.
3. Neighborhood Position:
The owners of five of the six tracts which abut the street have either
signed the petition as applicants or have voiced support for the change.
The remaining property fronts onto Cantrell Road. The owners of all
properties abutting the street and the Pankey Neighborhood Association
were notified of the proposed change. As of this writing, no opposition
has been voiced.
September 9, 2004
ITEM NO.: 12 (Cont.) FILE NO.: G-25-192
2
4. Effect on Public Services:
No opposition has been voiced by any of the reviewing agencies. No
street name sign has yet been erected for this new street. The cost of the
new sign will be paid by the developer.
5. Utilities:
No opposition has been voiced by any of the reviewing utilities.
6. STAFF REPORT:
The applicants are requesting that Townsend Street north of Highway 10
be renamed Highland Drive.
The street in question is new. It has been built in two phases during the
past 12-14 months. The second and final phase has just been accepted
by the City.
The name Townsend Street was used for this new street because the plat
for JOSEPHINE PANKEY’S EXTENSION OF HER THIRD ADDITION
included that name for a street which was to have been built for a distance
of only 220’ to the north but which was never built.
The land which has been recently platted as Candlewood East is
comprised of the combination of a 1.7± acres previously platted as part of
Block 36, JOSEPHINE PANKEY’S EXTENSION OF HER THIRD
ADDITION and a 40± acre tract to the north. Approximately 18 acres of
this property to the far north and far west has been zoned Open Space.
The balance of the land has been rezoned to MF, O-3, and PCD and is in
the process of being platted as Lots 1-6, Candlewood East Addition to the
City of Little Rock (Lots 1, 2, 3 and 5 have already been final platted).
The new street extends from Arkansas Highway 10 a distance of
approximately 800’. At present, there are no residents or businesses
occupying any building on a lot which fronts this street.
Pfeifer Family Limited Partnership #2 and James E. Hathaway, Jr.
currently own Lots 2, 3, 4 and 6 which constitutes land representing
approximately 73% of the frontage for the street in question. West LR
Highland Pointe Associates, LLC owns Lot 5 which constitutes land
representing approximately 12% of the frontage for the street in question
and they are in support of the proposed name change.
September 9, 2004
ITEM NO.: 12 (Cont.) FILE NO.: G-25-192
3
The balance of the frontage is represented by Block 35 of the Pankey
Addition which is owned by Ms. Libby Williams. She will be notified as
part of the notification process. The Williams property also has about 300’
of frontage on Highway 10 and will most likely have a Highway 10 or
Cantrell Road street address.
Highland Drive was chosen to reflect the fact that the new street rises
from Highway 10 to the higher elevations of Lot 5; where the new
Highland Pointe multifamily development is under construction.
There is a new developing area with no occupants currently in place along
the new street’s frontage. The timing is therefore right to make the
change.
6. STAFF RECOMMENDATION:
Staff recommends approval of the requested street name change.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of 7 ayes,
0 noes and 4 absent.