pc_04 11 2002LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
MINUTE RECORD
APRIL 11,2002
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being ten (10)in number.
II.Members Present:
Judith Faust
Craig Berry
Fred Allen,Jr.
Robert Stebbins
Norm FloydBillRector
Rohn Muse
Obray Nunnley,Jr.
Bob Lowry
Richard Downing
Members Absent:Mizan Rahman
City Attorney:Stephen Giles
III.Approval of the Minutes of the February 28,2002 MeetingoftheLittleRockPlanningCommission.The Minutes were
approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
APRIL 11,2002
4:00 P.M.
I.DEFERRED ITEMS:
A.Z-4650-B Parkway Place Baptist Church —C.U.P.
300 Parkway Place Drive
B.Z-7145 Sobba Bookstore —C.U.P.
6320 Scott Hamilton Drive
C.Pinnacle Valley Phase V Preliminary Plat (S-992-N)—located0.6 miles north of Cantrell Road on the west side ofPinnacleValleyRoad
D.LU02-02-01 A Land Use Plan Amendment in the Rodney Parham
Planning District;a change from Single-family to Office—Located at 11618 Huron Lane
D .1 .Pinnacle Chiropractic and Acupuncture Short-form POD(Z-7153)—Located at 11618 Huron Lane
II.NEW ITEMS:
1.Z-5910-A C-3 to C-4
Southwest corner of Geyer Springs and
Forbing Roads
2.Z-6504-A POD Revocation and Rezoning to 0-3 and C-3
Southeast corner of I-430 and Colonel Glenn Road
3.LU02-14-01 A Land Use Plan Amendment in the Geyer SpringsEastPlanningDistrictfromLowDensity
Residential to Commercial at ¹1 Voorhees Drive
3.1 Z-7160 R-2 to C-4
¹1 Voorhees Drive
4.Z-1513-C Little Rock Monthly Meeting Religious Society ofFriendsRevisedConditionalUsePermit
3415 West Markham Street
5.Z-4758-A Metropolitan Vocational and Technical School
Conditional Use Permit
7701 Scott Hamilton Drive
Agenda,Page Two
6.Z-7159 Hines Manufactured Home Conditional Use Permit
10709 Stagecoach Road
7.A-297 Rolling Pines Annexation
NW of Gina Road and Heinke Road
8.G-23-313 East Crestwood Drive —Right-of-Way Abandonment
Portion of East Crestwood Drive —100 linear feet
from Kavanaugh Blvd.to the south.
9.An ordinance amending Section 36-593(c)(6)of the Code of
Ordinances relating to Landscaping and screening of wireless
communication facilities
10.A resolution supporting the MidTown Redevelopment Plan
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planning Rezoning Cond—itional use Permit April 11,2001
April 11,2002
ITEM NO.:A FILE NO.:Z-4650-B
NAME:Parkway Place Baptist Church —Conditional
Use Permit
LOCATION:300 Parkway Place Drive
OWER/APPLICANT:Parkway Place Baptist Church/Howard David
PROPOSAL:A conditional use permit is requested toallowanew,40-space parking lot and a24,000 square foot education addition onthisexisting,R-2 Single Family residentialzonedchurchsite.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The property is located on the southwest corner of ParkwayPlaceDriveandWestMarkhamStreet,one block south ofChenalParkway.
2.COMPATIBILITY WITH NEIGHBORHOOD:
All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified andtheParkwayPlaceNeighborhoodAssociationwerenotified ofthisapplication.
The church is located at the northern edge of a singlefamilyneighborhood.Single family homes are located southofthesite.Multiple non-residential uses,includingoffices,a fire station,a neighborhood swimming pool,acarwash,a funeral home and undeveloped commercialpropertiesarelocatedeast,north and west of the site.
lt is the relationship of the abutting single familyresidencestotheproposedparkinglotthatconcerns staff.The parking lot intrudes beyond the bulk of the church siteintotheresidentialneighborhood.Since the church hasovertwiceasmanyparkingspacesasrequiredbyCode,staff questions the necessity of constructing this parkinglotinanareathatcurrentlyservesasabufferbetweenthisnonresidentialuseandtheabuttingresidences.
April 11,2002
ITEM NO.:A (Cont.)FILE NO Z-4650-B
3.ON SITE DRIVES AND PARKING:
The church currently has a 309 space parking lot withsingledrivewaysontoParkwayPlaceDriveandWestMarkhamStreet.This application includes the addition of a new 40spaceparkinglotandaone-way drop-off.The sanctuaryhasaseatingcapacityof600persons,requiring 150
parking spaces,based on the Ordinance Standard of oneparkingspaceforevery4seatsinthemainworshiparea.
The church currently has more than twice as many parkingspacesasrequiredbyCode.
4 .SCREENING AND BUFFERS:
The plan submitted does not allow for the 1,048 square feetoflandscapingrequiredwithintheinterioroftheproposedparkinglot.
A six (6)foot high opaque screen,either a wooden fencewithitsfacesidedirectedoutward,a wall,or denseevergreenplantings,is required along the southern andeasternperimetersofthesite.
5.PUBLIC WORKS COMMENTS:
1.Repair or replace any curb and gutter or sidewalk thatisdamagedormissinginthepublicright-of-way priortooccupancy.
2.Plans of all work in right-of-way shall be submitted forapprovalpriortostartofwork.3.Stormwater detention ordinance applies to this property.4.Mark drop-off as a one-way driveway.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
Reliant:No Comments received.
2
April 11,2002
ITEM NO.:A (Cont.)FILE NO.:Z-4650-B
Southwestern Bell:Concern regarding proposed drive off
Markham;SWBT may have cable that will need lowering based
on excavating levels.
Water:The Little Rock Fire Department needs to evaluatethissitetodeterminewhetheradditionalpublicand/orprivatefirehydrant(s)will be required.If additionalfirehydrant(s)are required,they will be installed attheDeveloper's expense.Contact Central Arkansas Wateriflargerand/or additional meter(s)are needed.
Fire Department:Approved as submitted.
Count Plannin :No Comments received.
CATA:Site is not located on a.dedicated bus route and hasnoeffectonbusradius,turnout and route.
SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 7,2002)
Patrick McGetrick was present representing the applicant.Staffpresentedtheitemandnotedadditionalinformationwasneededregardingsignage,site lighting,dumpster location,seatingcapacityinthemainworshiparea,fencing and roof pitch andmaterials.Staff stated the proposed driveway must be labeled"one-way"and signage installed indicating such.Staff asked iftherewouldbeacanopyerectedoverthedrop-off area along the
new driveway.The applicant indicated there would be a canopyanditwouldbeshownonarevisedsiteplan.Landscaping
comments were presented and it was noted that additionalinteriorlandscapingmustbeprovided.Public Works Commentswerepresented.The applicant was directed to submit a revisedcoverletterandsiteplanaddressingtheissuesandconcernsraisedbystaff.
The Committee determined there were no other outstanding issuesandforwardedtheitemtothefullCommission.
3
April 11,2002
ITEM NO.:A (Cont.)FILE NO.:Z-4650-B
STAFF ANALYSIS:
Parkway Place Baptist Church occupies the R-2 zoned propertylocatedat300ParkwayPlaceDrive.The church facilityconsistsofa13,250 square foot,600 seat sanctuary,a 13,700squarefooteducationwinganda309spaceparkinglot.Thechurchproposestheadditionofa24,000,two-story education
wing addition and a 40 space parking lot.The addition willhousechildren's and youth classes.A variance is requested toallowabuildingheightof44feet.The Code has a height limitof35feetintheR-2 district.A one-way,drop-off driveway:isproposedoffofKirby/West Markham,in front of the addition.
An 8 foot tall,wood fence is proposed along the south perimeterofthenewparkinglot,to provide screening for the adjacentresidentialproperties.
Staff is supportive of aspects of the proposed development,butnotall.Allowing the classroom addition is reasonable.It islocatedwithinthedefinedchurchsiteandmeetstheOrdinancesetbacks.The height variance is relatively minor.Directlyacrossfromtheareaoftheadditionareaneighborhoodswimmingpool,fire station and undeveloped C-3 zoned property.Theadditionislocatedsome90+feet away from the rear of theabuttingresidentialproperties.
The proposed one-way drop-off driveway in front of the additionalsoseemsappropriatetostaffforthesamereasons.
Staff does have concerns about the proposed 40 space parking lottobelocatedsouthofthenewaddition.This parking lotpushestheenvelopeofthechurchsitefurtherintotheabuttingresidentialneighborhood.To construct the parking lot willrequiretheclearingandpavingofanundeveloped,tree coveredlotthatservesasabufferbetweenthechurchandtheabuttingresidentialproperties.The church currently has a 309 spaceparkinglot.The Code requires 150 parking spaces for thischurch.No changes are proposed in the seating capacity of theworshiparea/sanctuary.While recognizing that churches are anappropriateelementwithinaresidentialneighborhood,staffquestionsthenecessityordesirabilityofconstructingtheproposed40spaceparkinglot.In staff's opinion,the negativeimpactoftheparkinglotontheabuttingresidentialpropertiesoutweighsthenecessityoradvantageofconstructingit.
4
April 11,2002
ITEM NO.:A (Cont.)FILE NO Z-4650-B
The applicant did submit a revised site plan and cover letter on
March 27,2002,in response to questions raised at Subdivision
Committee.The comments are reflected in the analysis above.
The revised site plan shows a canopy over the entrance on thedrop-off driveways and the driveway being clearly labeled
one-way.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use
permit to construct the two-story education addition and one-waydrop-off driveway subject to compliance with staff comments andconditionsnotedinSections4,5 and 6 of this report.Staff
recommends approval of the requested height variance.
Staff does not recommend approval of -the request to construct
the proposed 40 space parking lot.
PLANNING COMMISSION ACTION:(FEBRUARY 28'002)
Staff informed the Commission that the applicant requested thatthisapplicationbedeferredtotheApril11,2002 agenda.Staff supported the deferral request.
The Chairperson placed this item before the Commission forinclusionwithintheConsentAgendafordeferraltothe
April 11,2002 agenda.A motion to that effect was made.
The motion passed by a vote of 8 ayes,0 nays and 3 absent.
SUBDIVISION COMMITTEE COMMENT:(MMCH 21,2002)
Patrick McGetrick was present representing the application.Staff informed the Committee that the comments and issues werethesameasthoseraisedattheFebruary7,2002 committeeting.The applicant had requested deferral of the item priortorespondingtothoseissues.Mr.McGetrick stated there was,at that time,some question as to whether the item would be
pursued,as originally proposed.He stated he would have
responses to all questions and issues to staff by March 27,2002.
5
April 11,2002
ITEM NO.:A (Cont.)FILE NO.:Z-4650-B
PLANNING COMMISSION ACTION:(APRIL 11,2002)
Patrick McGetrick was present representing the application.
There were no objectors present.Staff informed the Commission
that the applicant had failed to complete the requirednotification.Staff recommended that the item be deferred to
the May 9,2002 commission meeting.
The item was placed on the Consent Agenda and approved for
deferral as recommended.The vote was 10 ayes,0 noes and
1 absent.
6
April 1 ,2002
ITEM NO ~:B FILE NO.:Z-7145
NAME:Sobba Bookstore Conditional Use Permit
LOCATION:6320 Scott Hamilton Drive
OWNER/APPLICANT:GKJ Family Ltd.Partnership/
Dennis Lee Sobba
PROPOSAL:A conditional use permit is requestedtoallowuseofthisI-2 LightIndustrialzonedbuildingand propertyasaretailbookstore,video store andarcade(sexually-oriented business).
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The property is located at the northwest corner ofScottHamiltonDriveandWallStreet,one block northofWest65Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
All owners of property located within 200 feet of thesite,all residents within 300 feet who could beidentifiedandtheUpperBaseline,Wakefield and SWLRUP
Neighborhood Associations were notified of thisapplication.
The property is located within the 65 StreetIndustrialPark.With one exception,all surroundingpropertiesarezonedI-2.Those I-2 zoned propertiescontainawiderangeofusesincludingaUnionHall,
warehouses,wholesale distributors,two vacant bank
buildings and a fueling station.One of the vacant
banks is located on a C-3 zoned tract to the southwest.
Allowing this enclosed retail type use is compatible
with uses and zoning in the immediate vicinity.
3.ON SITE DRIVES AND PARKING:
This 5,840 square foot retail use requires 19 on-site
parking spaces based on one space per 300 square feet.
The applicant's plan shows 22 on-site parking spaces.
The parking lot to the west of the building is actually
April,2002
ITEM NO.:B (Cont.)FILE NO.:Z-7145
large enough to accommodate another 15+parking spacesforatotalof37+.The site is currently accessed bydrivewaysoffofWallStreetandScottHamilton.The
driveway onto Wall Street.will be removed and the curbreinstalled.The former area of the driveway will belandscaped.The rear (west)parking lot will beaccessedbyadrivewaythatcirclesaroundthenorth
end of the building.
4.SCREENING AND BUFFERS:
Whether a landscaping upgrade will be required will
depend upon the amount of rehabilitation that willoccur.If the cost of the rehabilitation will exceedfifty(50)percent of what it'ould cost to rebuildtheexistingstructureattoday'cost,then a
corresponding amount of landscaping upgrade toward
compliance with the Landscape Ordinance will berequired.
5 .PUBLIC WORKS COMMENTS:
1.Show parking for customers and employees.2.Eliminate driveway on Wall Street,in order to
comply with spacing ordinance.3.Wall Street is classified on the Master Street Planasacommercialstreet.Dedicate right-of-way to 30feetfromcenterline.
4.A 20 feet radial dedication of right-of-way isrequiredatthecornerofWallStreetandScott
Hamilton.
5.Repair or replace any curb and gutter or sidewalkthatisdamagedinthepublicright-of-way prior tooccupancy.
6.Plans of all work in right-of-way shall be submittedforapprovalpriortostartofwork.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
Reliant:No Comments received.
Southwestern Bell:No Comments received.
2
April 1,2002
ITEM NO ~:B (Cont.)FILE NO.:Z-7145
Water:Contact Central Arkansas Water if larger and/oradditionalmeter(s)are needed.
Fire Department:Approved as submitted.
Count Plannin :No Comments received.
CATA:Site is on bus route 515 and has no effect onbusradius,turnout and route.
SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 7,2002)
The applicant,Lee Sobba,was present.Staff presented theitemandnotedadditionalinformationwasneededregardingsignage,number of employees per shift,site lighting,fencing,trash pick-up/dumpster lo'cation and the actual
number of parking spaces on site.Landscape Comments werepresented.It was noted that any required upgrade would bedeterminedatthetimeofbuildingpermit.Public Works
Comments were presented and discussed.Mr.Sobba wasinformedoftheneedtodedicateright-of-way for WallStreetandtheradiusatthecorner.He was told of theneedtoremovethedrivewayontoWallStreetandtorebuildthecurbandgutteratthatpoint.Staff asked if he wouldbeconstructinganotherdrivewayfromWallStreettoaccesstheparkinglotbehindthebuilding.Mr.Sobba respondedthathewouldnot;that customers could use the drivewaylocated,on the north side of the building to get to the backparkinglot.
The Committee determined there were no other site planrelatedissuesandforwardedtheitemtothefull
Commission.The applicant was advised to submit a revisedcoverletterandsiteplanaddressingthoseissuesandconcernsraisedbystaff.
STAFF ANALYSIS:
The applicant proposes to convert the existing,5,400 squarefootbuildinglocatedontheI-2 zoned property at 6320ScottHamiltonRoadintoaretail,adult-themed store.Theapplicantproposestoselladult-themed merchandise;books,magazines,novelties,martial aids,tapes,DVD's and to
3
April 1~,2002
ITEM NO.:B (Cont.)FILE NO.:Z-7145
offer private viewing booths of adult images.This retail
use requires a conditional use in I-2.The business is
defined as a sexually oriented business.Little Rock
Ordinance No.15,629 defines such uses and sets criteria for
locating those establishments.This proposed business
complies with the location criteria established by Ordinance
No.15,629.There are no churches,schools,parks,
residentially zoned properties,hospitals,historic
properties or other sexually oriented businesses within 750feetofthissite.
The site is occupied by a 5,400 square foot,single-story,
masonry,commercial building.Asphalt parking lots are
located in front (east)and behind (west)the building.The
parking lots provide for more vehicle spaces than required
by the ordinance.In response to Public Works'equest,the
driveway onto Wall Street will be removed and required
right-of-way will be dedicated.The applicant proposes to
place a 4-foot by 4-foot wall sign on the Wall Street facade
and a 6-foot by 12-foot wall sign on the Scott Hamilton
facade.Both signs are below the area permitted for wall
signs.A single,12 foot tall,2 foot by 2 foot,
perpendicular monument style ground-mounted sign will be
placed at the southeast corner of the site.Again,this is
well below the allowable sign height and area in I-2.The
business will operate 24 hours per day,7 days per week.
Two employees will work each shift.An additional employee
may be utilized as a parking lot guard to patrol the grounds
from 8:00 p.m.to 4:00 a.m.to ensure safety of patron'
vehicles and to discourage loitering.Security lighting
will be placed on the walls of the building to illuminate
the parking lots.Additional parking lot lighting may be
placed on existing utility poles at the northwest and
southwest corners of the site.A dumpster will be located
in the rear parking lot.The dumpster will be enclosed by
the required 8 foot tall screening fence.A 7-foot tall
chainlink fence is located along the north property line and
enclosing the rear parking lot.This fence will remain.
Staff believes it is reasonable to approve the conditional
use permit allowing this retail use to occupy the I-2 zoned
property.
4
April 11,2002
ITEM NO.:B (Cont.)FILE NO.:Z-7145
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use
permit subject to compliance with the comments and
conditions outlined in Sections 4,5 and 6 of this report.
PLANNING COMMISSION ACTION:(FEBRUARY 28,2002)
The applicant,Lee Sobba,requested that this application be
deferred to the April 11,2002 agenda.The Planning
Commission offered the deferral,based on the fact that only
eight (8)commissioners were present.The deferral will not
be counted against the applicant.
The Chairperson placed this item before the Commission for
inclusion within the Consent Agenda for deferral to the
April 11,2002 agenda.A motion to that effect was made.
The motion passed by a vote of 8 ayes,0 nays and 3 absent.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
The applicant was not present.Staff informed the
Commission that the applicant had requested on April 8,2002thattheitembewithdrawn.Numerous phone calls andlettersofoppositionhadbeenreceived.A motion was madetowaivetheCommission'Bylaws to accept the late requestforwithdrawal.The motion was approved by a vote of
9 ayes,1 noe and 1 absent.The item was placed on the
Consent Agenda and approved for withdrawal.The vote was
10 ayes,0 noes and 1 absent.
5
April 11,2002
ITEM NO.:C FILE NO ~:S-992-N
NAME:Pinnacle Valley Preliminary Plat Phase V
LOCATION:0.6 miles north of Cantrell Road on the west side of
Pinnacle Valley Road
DEVELOPER:ENGINEER:
Kelton Brown,Jr.McGetrick &McGetrick Engineers¹6 Eagle Glenn Cove 319 President Clinton AvenueLittleRock,AR 72223 Little Rock,AR 72201
AREA:4.080 acres NUMBER OF LOTS:15 FT.NEW STREET:0
CURRENT ZONING:R-2,Single-family
PLANNING DISTRICT:1
CENSUS TRACT:42.05
VARIANCES/WAIVERS REQUESTED:
1.Lots without public street frontage for Lots 2,3,4,5,8,
&9.
2.A variance for a 25-foot platted building line adjacent to
an arterial street.
3.A variance for a 15-foot platted building line for all
interior lots.
4.A variance to allow double-frontage lots for Lots 13,14 and15.
A.PROPOSAL:
The applicant proposes to subdivide this 4.080 acre tractinto15single-family residential lots.The lots will beaccessedviaaprivatecul-de-sac off Pinnacle Valley Road.Lots 10,11 and 12 will have access from the rear via a 30-foot access easement shared by these lots and Lots 8 and 9.
April 11,2002
ITEM NO.:C (Cont.)FILE NO.:S-992-N
There will be a platted,no-access easement adjacent toPinnacleValleyRoad.
B.EXISTING CONDITIONS:
The site is an undeveloped site with a scattering of trees.
There is a creek adjacent to the west property line.A
newly developing single-family subdivision abuts the creek
on the opposite side to the west.A new single-familyresidenceisunderconstructiontothenorthofthesiteandsingle-family residences are located to the south of thesite.Single-family residences on large lots are to theeastofthesite.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has received several informational
phone calls concerning the application.All property ownersabuttingthesite,all residents within 300 feet of the site
who could be identified,and the River Valley Property
Owners Association were notified of the Public Hearing.
D .ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1.Pinnacle Valley Road is classified on the Master Street
Plan as a minor arterial.A dedication of right-of-way
45 feet from centerline will be required.2.Provide design of street conforming to "MSP"(MasterStreetPlan).Construct one-half street improvement to
these streets including 5-foot sidewalk with the Planned
Development.Design is to conform to existing road
construction plans as prepared by Pulaski County.3.Improve corner curb radius to 30 feet radius with
construction (existing corner radius is 25 feet).4.Provide access easement to residential property to the
south.
5.Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
6.Storm water detention ordinance applies to this
property.
7.Easements for proposed storm water detention facilities
are required.
2
April 11,2002
ITEM NO.:C (Cont.)FILE NO.:S-992-N
8.A 20 feet radial dedication of right-of-way is requiredattheintersectionofPinnacleValleyRoadwiththe
private street.
9.A Grading Permit will be required per Sec.29-186 (c)
(d)~
10.Streetlights are required on improved streets.11.City requests that lots fronting Pinnacle Valley Road be
prevented access with a NO ACCESS easement,instead
using an ACCESS easement along rear.
E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer main extension required with easementsifserviceisrequiredforproject.Contact Jim Boyd at376-2903 for details.
Entercnr:No comment received.
AT%LA:No comment received.
Southwestern Bell:Approved as submitted.
Water:Modification of water facilities installed
previously,but not accepted by Central Arkansas Water,will be required.An acreage charge of $300/acre appliesinadditiontothenormalconnectionchargeinthisarea.
Fire De artment:Place fire hydrants per ordinance.
Contact Dennis Free at 918-3752 for details.
Count Plannin No comment received.
CATA:Site is near Bus Route ¹25 and has no effect on busradius,turnout and route.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:No comment.
Landsca e Issues:No comment.
G.SUBDIVISION COMMITTEE COMMENT:(March 7,2002)
Mr.Pat McGetrick of McGetrick and McGetrick Engineers waspresentrepresentingtheapplication.Staff noted some
additions which were needed on the preliminary plat.StaffalsonotedtherewerefourvariancestotheSubdivision
3
April 11,2002
ITEM NO.:C (Cont.)FILE NO.:S-992-N
Ordinance,which should be requested:a variance to allowlotswithoutpublicstreetfrontage,a variance for a 25-
foot platted building line adjacent to an arterial street,a
variance to allow interior lots to have a 15-foot platted
building line and a variance for double frontage lots for
Lots 13,14 and 15.
Staff noted some of the lots did not appear to be build-ablelots.Staff requested a building footprint be shown on Lots
5,6~8 and 9.Staff noted the comments from Central
Arkansas Water concerning the modifications to the
previously installed water system and suggested the
applicant contact the water department to eliminate the
concern.
Public Works staff stated the dedication of 45-foot right-
of-way from the centerline of Pinnacle Valley Road would be
required and the dedication should be shown on the
preliminary plat.Public Works also noted the access
easement on the south property line,which had beenidentifiedinpreviousdiscussion,and requested the
easement be shown on the preliminary plat.Staff alsoindicatea10-foot no access easement adjacent to Pinnacle
Valley Road would be required on Lots 1,6,7,13,14 and15.
There was no further discussion.The Committee determined
there were no outstanding issues associated with the
proposed preliminary plat.The Committee then forwarded the
application to the full Commission for final action.
H.ANALYSIS:
The applicant submitted a revised plan addressing most of
the issues raised by staf f at the Subdivision Committee
meeting.The applicant requested four variances from the
Subdivision Ordinance;a variance to allow double frontagelotsforLots13,14 and 15,a variance to allow Lots 2,3,4,5,8 and 9 to have no public street frontage,a variancetoallowa25-foot platted building line adjacent to anarterialstreetandavariancetoallowLots2,3,4,5,8,
and 9 to have a 15-foot platted front building line.
The developer has indicated he will construct 'c street
improvements to Pinnacle Valley Road adjacent to the
property.The applicant has also indicated a 10-foot no
4
April 11,2002
ITEM NO.:C (Cont.)FILE NO.:S-992-N
access easement along Pinnacle Valley Road for the lots,
which abut the roadway.The lots will be accessed by a 30-
foot access easement along the rear of the lots.
Staff is not supportive of the plat due to the number of
variances requested.Staff is supportive of the site
developing as single-family but,with the number of
variances required,the developer may be trying to "over-
build"the site.Although the density proposed isconsistentwithsingle-family development,(3.67 units peracre)the site does not lend itself to such density
development pattern.The site has numerous limitations;
lying adjacent to the Isom Creek and the 50-foot water line
easement along the rear of the property.
The site is also located adjacent to an arterial street,
which requires a 35-foot front platted building line.The
development is proposing a 25-foot front platted buildinglineadjacenttotheroadwaythusrequiringavariance.In
addition,the interior lots do not meet the required 25-foot
front platted building line,thus requiring an additional
variance.
Three of the 15 lots are double frontage lots.Double
frontage lots are exclusively prohibited under the
Subdivision Ordinance.The applicant has placed a 10-foot
no access easement along the roadway as required by the
Subdivision Ordinance thus minimizing these concerns.
The applicant has prepared building footprints for severalofthelots,which appear to be unbuildable.Staff still
has concerns whether these footprints will "fit"on the lots
and allow the required side yard setbacks under the zoningordinance.
I .STAFF RECOMMENDATIONS:
Staff recommends denial of the proposed preliminary plat duetothelargenumberofvariancestotheSubdivision
Ordinance required to develop the site as proposed.
PLANNING COMMISSION ACTION:(MARCH 28,2002)
Mr.Pat McGetrick,McGetrick and McGetrick Engineers was present
representing the application.There were objectors present.
5
April 11,2002
ITEM NO.:C (Cont.)FILE NO.:S-992-N
There were seven Commissioners present.The Chairman stated it
was Planning Commission Policy to offer a deferral to the
applicant when fewer than nine Commissioners were present.The
applicant requested a deferral to the April 11,2002 Public
Hearing.
The application was place on the consent agenda for deferral.
The vote passed by 7 ayes,0 noes and 4 absent.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
Mr.Pat McGetrick was present representing the application.
There were objectors present.Staff stated the applicant had
requested a deferral of the item to the May 9,2002 Public
Hearing.Staff stated the request was not made seven days prior
to the meeting therefore,the request would take a waiver of the
By-Laws.
Mr.Harry Willems stated he was opposed to the deferral request.
Mr.Willems stated this was the fourth month the Commission had
received a request concerning this project.He stated the
applicant had given short notice for the requested deferral not
allowing the citizens sufficient time to be notified to not
attend the meeting.Mr.Willems stated the group had taken off
work to attend the meeting and should be allowed an opportunitytospeakconcerningtheapplication.
Mr.Jim Lawson,Director of Planning and Development,stated this
was the first deferral for this application.He stated the
application was a new application and not the application the
Commission had previously heard.He stated the deferral from the
previous meeting was a by-right deferral due to the number of
Commissioners present.
Mr.Pat McGetrick stated the applicant was requesting thedeferraltoreviewneighborhoodcommentandconcernoverthe
number of lots proposed.He stated the application had been
reduced from a four-plex development to a duplex development to
the current single-family.Mr.McGetrick stated the applicant
was now looking at the possibility of reducing the intensity of
the development.
A motion was made to waive the By-Laws for the inadequatenotificationprocedureoftherequestfordeferral.The motion
passed by a vote of 10 ayes,0 noes and 1 absent.
6
April 11,2002
ITEM NO.:C (Cont.)FILE NO.:S-992-N
A motion was made to defer the item to the May 9,2002 Public
Hearing.The motion passed by a vote of 9 ayes,1 noe and
1 absent.
7
April 11,2002
ITEM NO.:D FILE NO.:LU02-02-01
Name:Land Use Plan Amendment —Rodney Parham Planning
District
Location:11618 Huron Lane
RecCuest:Singe Family tc Office
Source:Darren Beavers,Estate of Mary Red
PROPOSAL /REQUEST:
Land Use Plan amendment in the Rodney Parham Planning District
from Single Family to Office.The Office category represents
services provided directly to.consumers (e.g.,legal,financial,
medical)as well as general offices,which support more basic
economic activities.The applicant wishes to develop the
property for a chiropractic and acupuncture clinic.
Prompted by this Land Use Plan amendment request,the Planning
Staff expanded the area of review to include the neighboring
properties to the north and east bordering the area shown as
Commercial.
EXISTING LAND USE AND ZONING:
The applicant'property is currently a vacant house zoned R-2
Single Family and is approximately .42+acres in size.The
neighboring lot within the expanded application area north of the
applicant's property is an office zoned 0-3 General Office.The
neighboring lot within the expanded application area to the eastisabuildingusedforaclinicandartgalleryzonedC-3 General
Commercial.A series of office buildings is located to the north
outside the expanded area and are zoned Planned Office
Development.The land to the east of the expanded area consists
of an assortment of businesses zoned C-3 on the north side of
Huron Lane and offices and vacant land zoned 0-3 on the south
side of the street to the east.The land to the south and west is
developed with single family housing zoned R-2.The propertysittingtothenorthwestonGreenMountainDiveisanapartment
complex zoned R-5 Urban Residence.
April 11,2002
ITEM NO.:D (Cont.)FILE NO.:LU02-02-01
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On October 20,1998 a change was made from Suburban Office and
Single Family to Commercial and Suburban Office on Markham Center
Drive about 1 mile southeast of the applicant's property.
The applicant's property,as well as the entire expanded
application area is shown as Single Family on the Future Land Use
Plan.The land to the north and east is shown as Commercial while
the land to the southeast on Huron Lane is shown as Office.All
of the neighboring property to the south and west is shown as
Single Family.The property sitting to the northwest on Green
Mountain Dive is shown as Multi-Family.
MASTER STREET PLAN:
Huron Lane is a Minor Commercial Collector without a bike lane
street built to standard.Green Mountain Drive is shown on the
Master Street Plan as a collector'treet and is built to
standard.There are no bikeways shown on the Master Street Plan
that would be effected by this amendment.
PARKS:
Grassy Flat Creek is shown on the Little Rock Parks and
Recreation Master Plan of 2001 as a Potential Greenbelt located
about &4 of a mile to the east on Huron Lane.Development of the
applicant's property for non-residential uses may increase storm-
water run-off into the drainage system of the neighborhood.This
section of Green Mountain Drive runs along a boundary for a
Neighborhood Service Deficit Area.Park facilities would need to
be developed to close this small gap to provide park facilities
within an eight block walking distance from this amendment area.
HISTORIC DISTRICTS:
There are no historic districts that would be effected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
A Neighborhood Plan is under development for this area.
2
April 11,2002
ITEM NO.:D (Cont.)FILE NO.:LU02-02-01
ANALYSIS:
The applicant's property is located at a boundary between
residential uses to the south and west and intense commercial
uses to the north and east.Currently,the structures in the
application area provide a buffer in a transition zone between
conflicting uses.The apartments to the northwest and the
commercial uses to the north are accessed from and face Green
Mountain Drive.The office and retail uses to the east face
Huron Lane and are accessed from that street.The non-
residential uses to the east do not face conflicting uses.The
apartments to the northwest act as an,area of transition between
the non-residential uses and the areas shown as Single Family.
The Office shown on Huron Lane provides a buffer between Single
Family to the south and Commercial to the north.The existing
non-residential uses on Huron Lane do not face residential uses.
The house on the applicant's property is on a corner lot facing
Huron Drive and Green Mountain with the garage facing Huron.Due
to the prominence of the house resulting from the terrain and
topography of the location,the residential appearance of the
house should be maintained.The neighboring houses on Green
Mountain face the street and the applicant's property,resulting
in a direct visual impact on the neighborhood.Approval of this
amendment would allow a non-residential use to face Single Family
uses eroding the buffer between conflicting uses.
With these changes,the entirety of the Single Family on the
northeast corner of the Green Mountain Drive /Huron Lane
intersection would be eliminated.It is thought that the
additional area would provide a transition between the areas
shown as Single Family to the south and west and the areas shown
as Commercial to the north and east.Since the applicant's
property faces Single Family uses,the residential character of
the applicant's property should be maintained to preserve the
residential character of the neighborhood.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:
Birchwood Neighborhood Association,Beverly Hills Property Owners
Association,Colony West Homeowners Neighborhood Association,
Echo Valley Property Owners Association,Rainwood Cove Property
3
April 11,2002
ITEM NO.:D (Cont.)FILE NO.:LU02-02-01
Owners Association,Santa Fe Heights Neighborhood Association,
Sturbridge Property Owners Association,Treasure Hills
Neighborhood Association,and Walnut Valley Neighborhood
Association.Staff has received 1 comment from area residents.
None are in support,1 is opposed to the change and none were
neutral.
STAFF RECOMMENDATIONS:
Staff does not believe the change to Office is appropriate.
Staff supports a change to Suburban Office to protect the
residential character of the neighborhood located south of Huron
Lane by establishing a buffer between residential and non-
residential uses.
PLANNING COMMISSION ACTION:(MARCH 28,2002)
The item was placed on the consent agenda for deferral to the
April 11,2002 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.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
Brian Minyard,City Staff,made a brief presentation to the
commission.
Mr.Terry Burruss,representing the applicant,made a request to
withdraw the item without prejudice.
A motion was made to approve the withdrawal of the item.The
item was withdrawn with a vote of 10 ayes,0 noes,and 1 absent.
4
April 11,2002
ITEM NO.:D.1 FILE NO.:Z-7153
NAME:Pinnacle Chiropractic and Acupuncture
LOCATION:11618 Huron Lane
DEVELOPER:ENGINEER:
Darren Beavers Terry Burruss,AIA
11330 Arcade Drive Suite 5 1202 Main Street Suite 230LittleRock,AR 72212 Little Rock,AR 72201
AREA:0.424 Acre NUMBER OF LOTS:1 FT.NEW STREET:0
CURRENT ZONING:R-2
ALLOWED USES:Single-family residential
PROPOSED ZONING:POD for General and Professional Office Uses
PROPOSED USE:Office
VARIANCES/WAIVERS REQUESTED:None requested.
A.PROPOSAL/REQUEST:
The applicant proposes the conversion of an existing single-
family residential structure into a Chiropractic and
Acupuncture clinic.The applicant is also requesting other
general and professional office uses be an allowable use
under the Planned Development.The applicant proposes the
placement of 12 parking spaces (including 4 staff spaces and
1 handicapped space)on the site.
April 11,2002
ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153
B.EXISTING CONDITIONS:
The site contains an existing single-family structure with a
storage building located in the rear on the northeast corner
of the lot.There is a substantial drainage structure
located along the north property line.There is a mix ofofficeandcommercialusestotheeastofthesitelocated
on Huron Lane and an office use directly to the north of thesitewithmini-storage units located further north on Green
Mountain Drive.Multi-family on R-5 zoned property is
located to the northwest across Green Mountain Drive.
Single-family residences are located directly across the
street on Green Mountain Drive to the west of the site and
to the south of the site on Huron Lane.
C.NEIGHBORHOOD COMMENTS:
As of this writing staff has received several phone calls
concerning the proposed application.Many of which were
informational phone calls several were statements of
opposition.All property owners within 200 feet of thesite,all residents within 300 feet of the site who could be
identified and the Walnut Valley Neighborhood Association
and the Pleasant Valley Property Owners Association were
notified of the Public Hearing.
D.ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1.Huron Lane is classified on the Master Street Plan as a
commercial street.Dedicate right-of-way to 30 feet from
centerline.
2.Provide design of street conforming to "MSP"(Master
Street Plan).Construct one-half street improvements to
the street including a 5-foot sidewalk with the Planned
Development.
3.Driveways shall conform to Sec.31-210 or Ordinance
18,031.Conform to driveway grade requirements,in
particular.
4.All driveways shall be concrete aprons per City
Ordinance.
5.Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
2
April 11,2002
ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153
6.A 20-foot radial dedication of right-of-way is requiredattheintersectionofHuronLaneandGreenMountain
Drive.
7.Appropriate handicap ramps will be required per current
ADA standards.
8.Repair or replace any curb and gutter or sidewalk that is
damaged in the public right-of-way prior to occupancy.9.Easements shown for proposed storm drainage are required.
E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer available,not adversely affected.
EntercnEr:No comment received.
ARKLA:No comment received.
Southwestern Bell:Approved as submitted.Customer will
have to pay for any telephone relocations that result
from the new development.
Water:No objection.
Fire De artment:Place fire hydrants per ordinance.
Contact Dennis Free at 918-3752 for details.
Count Plannin :No comment received.
CATA:Site is not located on a dedicated Bus Route and has
no effect on bus radius,turnout and route.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:
The site is located in the Rodney Parham Planning District.
The Future Land Use Plan indicates the site as Single-family
as well as the properties to the west and south.The
applicant has applied for a Planned Office Development to
place a Chiropractic and Acupuncture Clinic at the location.
A Land Use Plan amendment is a separate item on this agenda
(see File No.LU02-02-01 Item No.7).
3
April 11,2002
ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153
Cit Reco nized Nei hborhood Action Plan:
The area lies in an area not covered by a Neighborhood
Action Plan.
Landsca e Issues:
The plan submitted does not allow for the required 9-foot
wide street buffer and landscape strips required along both
street frontages.This is a requirement by both zoning and
landscaping ordinances.Additionally,no provision has been
made for the 9-foot wide landscape strip along the eastern
perimeter required by the landscape ordinance.
Buildin Codes:No comment received.
G.SUBDIVISION COMMITTEE COMMENT:(March 7,2002)
Mr.Terry Burriss and Mr.Darren Beavers were present
representing the application.Staff presented the item and
noted additional information needed on the site plan
(dumpster location,signage details,screening).Staff
indicated additional information concerning days and hours
of operation and the number of employees should be provided.
Public Works comments were addressed.Staff stated the
applicant would be required to construct 4 street
improvements to Huron Lane.The applicant asked if a 15%
hardship contribution was an option.Staff stated,if a
request was made,Public Works would review the request.
There was a general discussion concerning the parking lot
and the landscaping requirement.Staff noted the
landscaping on the east property line was "short"of the
minimum requirement.Staff also noted no provision had been
made for the street buffer requirement.The applicant
questioned if staff would support the double stacking of
employee parking.Staff stated the applicant would have to
place signage to indicate reserved employee parking
accordingly.
The Committee determined there were no more issues
associated with the proposed development.The Committee
then forwarded the item to the full Commission for final
action.
4
April 11,2002
ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153
H.ANALYSIS:
The applicant submitted a revised plan addressing most of
the issues raised by staff at the Subdivision Committee
meeting.The applicant has eliminated one of the proposed
parking spaces nearest Huron Lane and designated a handicap
space.
The applicant has indicated a single ground mounted sign
will be located in the front yard setback on the corner of
Green Mountain Drive and Huron Lane.The sign will be a
maximum of 6-feet in height and be placed 5-feet from the
property line.
The applicant is proposing the placement of a sidewalk along
Huron Lane to align with the existing sidewalk.The
sidewalk on Green Mountain Drive is currently in place.
The applicant is proposing a 6-foot wooden fence to extend
from the property line to the rear on the east side of the
property.This meets the maximum fence height according to
the zoning ordinance between the street right-of-way and the
building setback for office fence standard.
The applicant proposes the days and hours of operation to be
Monday through Friday from 9:00 am to 5:00 pm.The
applicant has stated there will be a total of four employees
reporting to the site .
The applicant cannot meet the minimum landscaping
requirement for the east and west property line.The
applicant is making application to the City Beautiful
Commission for the required variances.
Staff is not supportive of the proposed rezoning for this
type use.The applicant has indicated he will not utilize
the entire structure and will lease a portion of the site
for some type of general or professional office use.Staff
feels the chiropractic clinic,with the addition of some
other general or professional office use,will generate a
large amount of traffic.
In addition,the large number of parking spaces required for
a medical office use causes the site to be,for the most,
part,building and concrete.This does not leave the
5
April 11,2002
ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153
structure to appear very single-family in character.With a
professional or general office type use the parking,one
space per four hundred square feet of gross floor area (6
parking spaces required),is substantially less than the six
parking spaces per doctor required.Since the applicant has
not indicated the second type use,it is difficult to tell
the exact number of spaces required but one could assume a
minimum of 9 parking spaces would be required if the doctor
uses 'w the square footage and leases the remainder to a
general or professional office use.
Staff anticipates the site will not remain single-family in
perpetuity.If this is in fact the case,Staff feels the
site would be better served with a lesser intensity use,
which would have a lesser impact on the surrounding
neighborhood.The area to the north and east contain non-
residential uses but the area to the west and south consist
of well established,well maintained single-family homes.
Staff feels an insurance office or general accounting office
would generate a limited number of clients to the site,thus
minimizing the negative impact on the surrounding
neighborhood.
I .STAFF RECOMMENDATIONS:
Staff recommends denial of the application as filed.
PLANNING COMMISSION ACTION:(MARCH 28,2002)
Mr.Darren Beavers and Mr.Terry Burruss were present
representing the application.There were objectors present.
There were seven Commissioners present.The Chairman stated it
was Planning Commission Policy to offer a deferral to the
applicant when fewer than nine Commissioners were present.The
applicant requested a deferral to the April 11,2002 Public
Hearing.
The application was place on the consent agenda for deferral.
The vote passed by 7 ayes,0 noes and 4 absent.
6
April 11,2002
ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153
PLANNING COMMISSION ACTION:(APRIL 11,2002)
Mr.Terry Burris was present representing the application.There
were several objectors present.Staff presented the item stating
the application did not met the minimum landscaping requirements.
Staff stated the applicant had applied to the City Beautiful
Commission for a variance to reduce the landscaping and maintain
the current parking layout.Staff stated the City Beautiful
Commission had unanimously denied the request for the reduced
landscaping.
Staff stated the applicant was informed he could revise the site
plan to meet the minimum landscaping requirement and resubmit to
the Planning Commission for review.Staff stated the applicant
had indicated he was unwilling to reduce the number of parking
spaces due to the need for the current number of parking spaces
shown.Staff stated with the denial from the City Beautiful
Commission the Planning Commission was unable to approve the site
plan which was being presented.
A motion was made to approve the request for rezoning as filed.
The motion failed by a vote of 0 ayes,10 noes and 1 absent.
7
April 11,2002
ITEM NO.:1 FILE NO.:Z-5910-A
Owner:John J.Nosal
Applicant:McGetrick and McGetrick
Location:Southwest corner of Geyer Springs and
Forbing Roads
Area:0.34 acre
Request:Rezone from C-3 to C-4
Purpose:Expansion of car wash
Existing Use:Vacant
SURROUNDING LAND USE AND ZONING
North —Commercial (across Forbing Road);zoned C-3
South —Commercial;zoned C-4
East —Commercial (across Geyer Springs Road);
zoned C-3
West —Commercial (car wash);zoned C-4
A.PUBLIC WORKS COMMENTS:
1.Geyer Springs Road is classified on the Master
Street Plan as a minor arterial.A dedication of
right-of-way 45 feet from centerline will be
required.
2.Forbing Road is classified on the Master Street Plan
as a minor arterial.A dedication of right-of-way
45 feet from centerline will be required.
April 11,2002
ITEM NO.:1 (Cont.)FILE NO.:Z-5910-A
3.A 20 foot radial dedication of right-of-way is
required at the intersection of Geyer Springs and
Forbing Roads.
With Buildin Permit:
4.Provide design of streets conforming to "MSP"
(Master Street Plan).Construct one-half street
improvements to these streets including 5-foot
sidewalks with planned development.
5.Appropriate handicap ramps will be required per
current ADA standards.
6.Driveways shall conform to Sec.31-210 or Ordinance
18,031.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA Bus Routes 17 and 17A.
C.PUBLIC NOTIFICATION:
All owners of property located within 200 feet of thesite,all residents within 300 feet who could be
identified and the Geyer Springs,Wakefield,Cloverdale
and SWLR UP Neighborhood Associations were notified of
the proposed rezoning.
D .LAND USE ELEMENT:
Plannin Division:
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 a
zone change from C-3 General Commercial to C-4 Open
Display Commercial for expansion of an existing car
wash.
Cit Reco nized Nei hborhood Action Plan:
The property under review is not located in an area
covered by a City of Little Rock recognized
neighborhood action plan.
2
April 11,2002
ITEM NO.:1 (Cont.)FILE NO.:2-5910-A
E.STAFF ANALYSIS:
The request before the Commission is to rezone the 0.34
acre property at the southwest corner of Geyer Springs
and Forbing Roads from "C-3"General Commercial
District to "C-4"Open Display District.The site was
previously occupied by a convenience store with gas
pumps.The convenience store building has been removed
from the site,with the gas pump canopy remaining.The
property owner wishes to rezone the property to C-4 in
order to expand the existing car wash facility located
immediately to the west.
Staff is supportive of the rezoning request.There is
C-4 zoned property located immediately west and south
of this property,with industrial zoning (I-2)further
to the west and northwest.As was mentioned earlier,
the C-4 zoned property immediately west contains a car
wash facility,with the C-4 zoned property to the south
being previously used for boat sales.The properties
located across Geyer Springs Road to the east and
across Forbing Road to the north are zoned C-3 and
contain commercial uses.
The Geyer Springs-West District Land Use Plan
recommends Commercial for this site.The Plan also
shows Commercial for the adjacent properties,including
across the two adjacent streets.Staff believes the
C-4 rezoning request is compatible with uses and zoning
in the area,and conforms to the adopted Land Use Plan.
F .STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 zoning.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed this item before the Commission for
inclusion within the Consent Agenda for approval,as
3
April 11,2002
ITEM NO.:1 (Cont.)PILE NO.:Z-5910-A
recommended by staff.A motion to that effect was made.
The motion passed by a vote of 10 ayes,0 nays and 1 absent.
4
April 11,2002
ITEM NO.:2 FILE NO.:Z-6504-A
Owner:Max Davis
Applicant:McGetrick and McGetrick/Leonard Boen
Location:Southeast corner of Interstate 430 and
Colonel Glenn Road
Area:12.99 acres
Request:To revoke the existing POD zoning and rezone
the property to 0-3 and C-3.
Purpose:Future development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —TV/Radio studios and event center (old Sam's
building)and undeveloped;zoned C-2 and C-3
(across Colonel Glenn Road)
South —Single family residential;zoned R-2 (across
Talley Road)
East —Undeveloped;zoned 0-3 and C-3
West —Car dealership and undeveloped commercial;zoned
C-3 and C-4 (across I-430)
A.PUBLIC WORKS COMMENTS:
1.Dedicate ROW on Talley Road to 30 feet from
centerline.
April 11,2002
ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A
With Buildin Permit:
2.If property is to take access from Talley Road,full
width reconstruction to "MSP"standards recpxired to
intersection with current planned improvements.
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 Stagecoach-Dodd,John Barrow and
SWLR UP Neighborhood Associations were notified of the
public hearing.
D .LAND USE ELEMENT:
This recgxest is located in the 65 Street-West
Planning District.The Land Use Plan shows Suburban
Office for this pioperty.The applicant has applied
for a revocation of an existing Planned Office
Development to rezone for 3.28 acres of C-3 General
Commercial and 9.71 acres of 0-3 General Office.The
commercial zoning would be at the northern edge of the
property at the interstate intersection.The bulk of
the property would be zoned 0-3 which would extend the
existing office zoning to the west.This zoning change
would extend the existing zoning and land use pattern
to the west.The applicant wishes to develop the
property for commercial and office uses,possibly a
uniform development with the property to the east.
Staff feels that a land use plan change for this
property is not necessary at this time.
Cit Reco nized Nei hborhood Action Plan:
The applicant'property lies in the area covered by
the Stagecoach-Dodd Neighborhood Action Plan.The
Traffic and Transportation goal listed an objective of
improving the flow of traffic on arterial roadways and
recommended the reconstruction of Colonel Glenn Road
from Shackleford Road to I-430.The Zoning and Land
Use goal contained an objective of preserving the
2
April 11,2002
ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A
residential character of the area and included an
action statement in opposition to the construction of
billboards in the Stagecoach-Dodd area,includingI-430.
E.STAFF ANALYSIS:
On September 1,1998 the Board of Directors passed
Ordinance No.17,805 which rezoned this 12.99 acre
property at the southeast corner of I-430 and Colonel
Glenn Road from R-2 to POD.The approved POD allowed a
three (3)building office development.The approvedsiteplanincluded105,400 square feet of building area
(one and two story construction),with associated paved
drives and 409 parking spaces.The approved plan had
two (2)access points from Talley Road.This
previously approved office facility was never developed
and therefore,the POD has expired.
The property owner,Max Davis,requests to revoke the
previously approved POD and rezone the property to 0-3
and C-3.Mr.Davis proposes to rezone the north 3.28
acres to C-3 and the south 9.71 acres to 0-3,thereby
extending the existing C-3/0-3 zoning immediately eastofthissitetotheinterstate.Mr.Davis plans tosellthispropertytoLeonardBoen,the property owner
to the east,for a unified development which would take
access from Colonel Glenn Road and the north/south
section of Talley Road.
The 12.99 acre property is undeveloped and wooded.Asstatedpreviously,the property immediately east of
this site is zoned C-3 and 0-3,with site work
currently being done for future development.The
property to the south across Talley Road is zoned R-2
and contains two (2)single family residences,and is
shown as Suburban Office on the Land Use Plan.ThereisacardealershipandundevelopedC-4 and C-3 zoned
property across I-430 to the west.TV/Radio studios
and an event center in the old Sam's building and
undeveloped C-3 zoned property are located across
Colonel Glenn Road to the north.The proposed 0-3 and
C-3 zonings are compatible with the uses and zoning in
the area.
3
April 11,2002
ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A
The 65 Street-West District Land Use Plan recommends
Suburban Office for this property.As noted in
paragraph C.,staff feels that a land use plan
amendment is not necessary at this time,based on thefactthatthebulk(75 percent)of this property is
proposed to be zoned 0-3 and sold to the property owner
to the east for a unified development.The north 4 of
the property proposed to be zoned C-3 would also be
joined with the adjacent C-3 property which fronts on
Colonel Glenn Road and the north section of Talley
Road.
Staff is supportive of the POD revocation and rezoning
request.On January 16,2001 the Board of Directors
passed Ordinance No.18,418 which rezoned the 60 acres
immediately east of this property.The north 36 acres
was zoned to C-3,with the south 24 acres being zonedto0-3.The south 35 feet of the property (along the
north side of the east/west section of Talley Road)was
zoned OS,Open Space District.This was done to
prohibit access to the 60'acre development from the
east/west section of Talley Road and buffer the single
family property on the south side of this street.Staff believes it would also be appropriate to place asimilar35footOSzonedstripalongthesouth
perimeter of this subject property.The said 35 feetistobemeasuredfromthesouthpropertylineafter
the required right-of-way is dedicated for Talley Road.
F .STAFF RECOMMENDATION:
Staff recommends approval of the requested POD
revocation and 0-3/C-3 rezoning subject to the
following conditions:
1.Compliance with the Public Works requirements as
noted in paragraph A.of this report.2.The south 35 feet of the tract (after right-of-way
dedication for Talley Road)must be zoned OS,Open
Space.
April 11,2002
ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A
PLANNING COMMISSION ACTION:(APRIL 11,2002)
The applicant was present.There were no objectors present.
Staff presented the item and a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed this item before the Commission for
inclusion within the Consent Agenda for approval,as
recommended by staff.A motion to that effect was made.
The motion passed by a vote of 10 ayes,0 nays and 1 absent.
5
April 11,2002
ITEM NO.:3 FILE NO.:LU02-14-01
Name:Land Use Plan Amendment —Geyer Springs-East
Planning District
Location:1 Voorhees Dr.
RecCuest:Low Density Residential to Commercial
Source:Jim Hill,Putnam Realty Inc.
PROPOSAL /REQUEST:
Land Use Plan amendment in the Geyer Springs-East PlanningDistrictfromLowDensityResidentialtoCommercial.The
Commercial category includes a broad range of retail and
wholesale sales of products,personal and professional
services,and general business activities.Commercialactivitiesvaryintypeandscale,depending on the trade
area they serve.The applicant wishes to use the propertyforcommercialpurposes.
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 Single Family with non-
conforming C-4 Open Display Commercial uses and is
approximately 4.08+acres in size.Two shop buildings
occupy the southwest portion of the property.The primary
building is a truck repair shop building with a six-bay
garage;a smaller three-bay garage building is adjacent on
the western part of the property.
All of the surrounding zoning is R-2.Properties to the
north include two manufactured housing developments.ThefirstdevelopmentislocatedonthenorthlegofVorhees andconsistsofvacantboardeduppre-1974 manufactured homes.
The second manufactured housing development is located on
Regina Circle.The property to the east consists of houses
located on Fairlee Drive and Stratton Avenue.In addition,
to the east of the application area is a property consistingofahouse,motorcycle sales,two cabinet shops,an
upholstery shop and one warehouse.Uses south of the
applicant's property consist of houses,large out buildings,
and manufactured homes.Property to the west consists of a
day care center,a church,and a house.
Apri 1 11,2002
ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01
A mixture of uses is located in the vicinity of the
applicant's property along Stanton Road.Starting at the
north end of the neighborhood,a convenience store is
located on the southwest corner of the I-30 Frontage Road
and Stanton Road.Three blocks south of the convenience
store,is a machine shop on the west side of Stanton Road at
Stanton and Voorhees.South of Vorhees on the east side of
Stanton Road are two more day care centers.A fencing
company is located south of Vorhees on the east side of
Stanton Road between Vorhees and Larry Circle.The
remainder of the uses on Stanton Road is a mixture of
single-family houses and manufactured homes.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On October 5,1999 a change took place from Multi-Family to
Mixed Office Commercial and Commercial in the 9100 block of
Lew Drive about 8 of a mile southwest of the property in
question.
On September 1,1998 a change took place from Low Density
Residential to Commercial at 4201 Baseline Road about 2/3 of
a mile southeast of the application area.
On September 16,1997 a change took place from Single Family
to Multi-Family at 3615 —3706 American Manor Drive about,1
mile southeast of the review area.
On May 20,1997 a change took place from Mixed Office
Industrial to Commercial at 8001 I-30 about 1/10 of a mile
north of the area under review.
The property under review as well as all of the surrounding
property is shown as Low Density Residential on the Future
Land Use Plan.
MASTER STREET PLAN:
Vorhees Drive is a substandard commercial street,with a
30-foot Right-of-way.The east-west portion of Vorhees is a
paved street with open drainage.The north-south leg of
Vorhees consists of a gravel surface.Stanton Road is shown
on the Master Street Plan as a Collector Street and is built
to standard.There are no bikeways shown that would be
affected by this amendment.
2
April 11,2002
ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01
PARKS:
The nearest park shown on the Little Rock Parks and
Recreation Master Plan of 2001 is Wakefield Park,listed as
a neighborhood park of 5 —20 acres.Wakefield Park
provides a playground,a basketball pad,a tennis court,a
lighted baseball field,a restroom,and a picnic area.The
park is located about a 'c mile to the northwest of the
application area at Fisher Street and Woodson Road.This
park primarily serves the Geyer Springs and Wakefield
neighborhoods and would not be affected by this amendment.,
This amendment is located in a neighborhood service deficit
area.Additional park facilities would need to be developed
closer to the amendment area to provide adequate parkfacilities.
HISTORIC DISTRICTS:
There is not any historic districts near-by that would be
affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant'property lies in the area covered by the
Upper Baseline Neighborhood Action Plan.The Neighborhood
and Housing Revitalization goal contained an action
statement of encouraging Low Density Residential development
in the area.The Economic Development goal contained an
objective of retaining existing businesses,and when
necessary,finding new businesses to replace those that
close.
ANALYSIS:
The applicant's property is an existing non-conforming use,
formerly used as a truck repair business,and located in a
marginal neighborhood characterized by a mixture of
residential and non-residential uses.The property in the
application area is accessed at the point where Vorhees
Drive curves toward the north,providing the property with a
minimum amount of street frontage.The northeast portion of
the study area touches Fairlee Drive and could potentially
be accessed by Fairlee.This amendment could produce
commercial traffic on Fairlee Drive.Traffic accessing the
3
April 11,2002
ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01
property in question must already pass the two houses
located on Vorhees at Stanton Road.The current access ofthepropertyfromVorhees,and the potential of access tothepropertyfromFairlee,could cause a conflict of traffic
between residents living in the area and commercial vehiclesaccessingthepotentialcommercialuseslocatedinthe
application area.Any Commercial development would generatetrafficthatwouldaffecttheresidentslivingonVorhees
and Fairlee.
Any Commercial development of the property would need tomitigatetheimpactsofcommercialtrafficpassingthrough,residential areas.Commercial traffic impacts on
neighboring residential properties could be minimized bylimitingcommercialtraffictoVorheesandimprovingVorhees
Drive while limiting the use of Fairlee Drive to accessingresidentialuses.Although other .non-conforming uses arelocatedintheneighborhood,those uses are accessed fromeitherStantonRoadorDoyleSpringsRoad,not the sidestreets.
Any development of Commercial uses would need a sufficient,buffer between any buildings and parking lots and the
neighboring residential uses to compensate for the scale and
massing of future buildings built on the property.Withoutsufficientbuffers,the neighboring residential properties
would be impacted by intense commercial uses on the
applicant's properties.Any commercial development in thisareashouldbelimitedtothetypesofcommercialusesthat
would have the minimum amount of impact residential uses.
This amendment would place Commercial uses in a locationthatisaccessedbyacommercialstreetthatisnotbuilt to
handle commercial traffic and create an island of land shownasCommercialsurroundedbylandthatisshownasLow
Density Residential.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood,
associations:O.U.R.Neighborhood Association,UpperBaselineNeighborhoodAssociation,Windamere Neighborhood
Association,and Woodland Ridge Property Owners Association.Staff has received one comment from area residents.The one
comment was neutral.
4
April 11,2002
ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.This
amendment could produce new commercial traffic in
residential areas and create an island of Commercial in the
middle of an area shown as residential on the Land Use Plan.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
The item was placed on the consent agenda for deferral to
the May 23,2002 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.
5
April 11,2002
ITEM NO.:3.1 FILE NO.:Z-7160
Owner:William L .Hu f f s tutlar
Applicant:Jim Hill,Putnam Realty,Inc.
Location:51 Voorhees Drive
Area:4.08 acres
Request:Rezone from R-2 to C-4
Purpose:Continuance of nonconforming truck repairbusiness
Existing Use:Vacant commercial buildings and undeveloped
SURROUNDING LAND USE AND ZONING
North —Mobile home park and undeveloped property;zoned R-2
South —Mobile home park,single family residences anddaycarecenter;zoned R-2
East —Single family residences,undeveloped propertyandnonconformingcommercialuses;zoned R-2
West —Undeveloped property,nonconforming commercialusesandsinglefamilyresidences;zoned R-2
A.PUBLIC WORKS COMMENTS:
1.Voorhees Drive is classified on the Master Street
Plan as a commercial street.Dedicate right-of-wayto30feetfromcenterline.
April 11,2002
ITEM NO.:3.1 (Cont.)FILE NO.:Z-7160
With Buildin Permit:
2.Future improvements will require one-half street
improvements per Master Street Plan.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is located near CATA Bus Route 515 (Stanton
Road).
C.PUBLIC NOTIFICATION:
All property owners located within 200 feet of thesite,all residents within 300 feet who could beidentifiedandtheUpperBaseline,Windamere,Wakefield
and SWLR UP Neighborhood Associations were notified of
the proposed rezoning.Staff received a phone call
from Pat Gee of the Upper Baseline Neighborhood
Association,expressing opposition to the proposed C-4
rezoning.
D.LAND USE ELEMENT:
Plannin Division:
This request is located in the Geyer Springs-East
Planning District.The Land Use Plan shows Low DensityResidentialforthisproperty.The applicant has
applied for a zone change from R-2 Single Family to C-4
Open Display Commercial.The applicant wishes to
rezone an existing nonconforming truck repair business
with C-4 uses.
A land use plan amendment for a change to Commercial is
a separate item on this agenda.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered bytheUpperBaselineNeighborhoodActionPlan.The
Neighborhood and Housing Revitalization goal contained
an action statement of encouraging Low Density
Residential development in the area.The Economic
Development goal contained an objective of retaining
existing businesses,and when necessary,finding new
businesses to replace those that close.
2
April 11,2002
ITEM NO.:3.1 (Cont.)FILE NO.:Z-7160
E.STAFF ANALYSIS:
The request before the Commission is to rezone this4.08 acre tract from "R-2"Single Family District to"C-4"Open Display District.The south portion (2.87acres)of the property is occupied by two (2)
commercial buildings which appear to be vacant.The
buildings previously housed a truck repair business.
The north 1.21 acres is undeveloped and wooded.The
property is accessed from the end of Voorhees Drive,
which runs east from Stanton Road.The applicant
proposes to rezone the property in order to legitimize
the previous truck repair business so that the property
can be sold.A land use plan amendment has also beenfiledforthisproperty(Item 3 on this agenda).
The property is in an area along Stanton Road which
contains a mixture of uses,most of which are
nonconforming.All of the surrounding properties are
zoned R-2,Single Family Residential.There are
nonconforming commercial and industrial type uses alongStantonRoadandtotheeastofthisproperty.Therearealsodaycare/school uses and a number of mobile
home parks in the general area.
Staff does not support the requested rezoning.The
Geyer Springs-East District Land Use Plan recommends
Low Density Residential for this property,as well asallofthesurroundingproperties.Staff does notbelievethattherequestedC-4 zoning would be
compatible with the uses and zoning in the area,nor
conform to the adopted Neighborhood Action Plan,
especially in light of the fact that a portion of the
property the applicant is proposing to rezone is
undeveloped.Staff does not believe it would be
appropriate to place 4.08 acres of C-4 zoning at thislocation,in the middle of a R-2 zoned area which
contains a number of single family structures.The
rezoning of this property to C-4 could hinder thepossibilityofafutureresidentialrevitalization for
the area.
When the applicant initially met with staff to discuss
the possibility of rezoning this property,staff
suggested a rezoning to PD-C just for the developed
3
April 11,2002
ITEM NO.:3.1 (Cont.)FILE NO.:Z-7160
portion of the property (south side of Voorhees Drive).
This type of rezoning would legitimize the existing
nonconforming use of the portion of the property whichisdeveloped,without leaving the remainder of the
property open for additional commercial development.
This would allow the existing commercial buildings to
be reconstructed if they were ever damaged beyond 50
percent of the current replacement value.This type of
zoning action has been used in the past,without Land
Use Plan Amendments,to recognize and legitimize
nonconforming uses.
F .STAFF RECOMMENDATION:
Staff recommends denial of the requested C-4 zoning.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
Staff informed the Commission that the applicant had
requested that the application be deferred (via a phone call
to staff on this date)to the May 23,2002 agenda.Staff
supported the deferral request.
With a vote of 9 ayes,1 nay and 1 absent,the Commission
voted to waive the bylaws and accept the applicant's request
for deferral,being less than five (5)working days prior to
the public hearing.
The Chairman placed this item before the Commission for
inclusion within the Consent Agenda for deferral to the
May 23,2002 agenda.A motion to that effect was made.The
motion passed by a vote of 10 ayes,0 nays and 1 absent.
4
April 11,2002
ITEM NO.:4 FILE NO.:Z-1513-C
NAME:Little Rock Monthly Meeting Religious
Society of Friends —Revised Conditional
Use Permit
LOCATION:3415 West Markham
OWNER/APPLICANT:Little Rock Monthly Meeting Religious
Society of Friends/Barbara Stanford
PROPOSAL:The Quaker Meeting Group requests
approval of a revision of a
previously'pprovedConditionalUsePermit which
permitted use of this R-3 zoned propertyasachurch.
STAFF REPORT:
On April 4,1995,the Planning Commission approved aconditionalusepermitallowingtheLittleRockFriends
Meeting (Quakers)to use the fi'rst floor of the R-3 zonedresidentialstructurelocatedat3415WestMarkhamStreet asachurch.The upper floor of the structure is rented as an
apartment so that the house does not stay empty during the
week.The house is located on the eastern 1/3 of the
property.The western 2/3 of the property is yard.
The applicant desired to maintain the residential characteroftheproperty,so minimal changes were proposed.When theC.U.P.was approved,there were several conditions imposed
by the Planning Commission.The conditions were as follow:
1.Compliance with the City Engineer's Comments as follow:
a.Dedicate additional right-of-way for Markham,of 70 feet from centerline required;however,
recommend 5 foot of additional dedication due tolocationofresidence.
b.Repair broken driveway apron (onto West
Markham).
c.Remove rock wall from dedicated right-of-way.
Widen sidewalk to 5 feet and provide minimum of
4 feet around utility pole.Install HC access
April 11,2002
ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C
ramps at intersection.
d.Provide concrete apron at driveway entrance(onto Valmar).
e.Stormwater detention analysis will be requiredforpavingandparking.
2 .Compliance with the City'Landscape and BufferOrdinancesincludingtheinstallationofa6-foot tall
opaque screen along the entire length of the southpropertyline.
3.Any signage is to be "low-key"'nd placed on the
Markham Street frontage.The ground mounted sign is tobenolargerthan4squarefeetinareaand6feetinheight.
4.Any parking lot lighting is to be low-level anddirectional,aimed away from adjacent properties.
5.The approval is to be limited to this specific use.Should the applicant ever vacate the property,it is toreverttoresidential.
6.Construction of a paved parking lot on the portion ofthepropertywestoftheresidentialstructure.
The church subsequently dedicated the right-of-way andreceiveda5-year deferral of the requirement to construct,awidenedsidewalkontheMarkhamStreetfrontage.The
driveway onto Markham was closed and a concrete apron wasconstructedintheright-of-way for the Valmar Street
driveway.A small ground-mounted sign was installed and an
opaque screen (shrubbery)was planted along the southperimeter.Those plants have died and will be replaced tomeetthescreeningrequirement.
There are two issues that have prompted the request to amendtheC.U.P.
First,the church is requesting a waiver of the requirementtoconstructa5footsidewalkalongtheentireMarkhamStreetfrontage.They do propose to construct the 5 footsidewalkinfrontofthestructureitselfandwillconstructahandicaprampatValmarStreet.Constructing the
2
April 11,2002
ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C
remainder of the 5 foot sidewalk would require the removalofanhistoric,fieldstone and wrought iron wall.Thechurchtookbidsfortearingdownandreconstructingthewall,out of the right-of-way.The bids of $10,055 and
$9,800 exceed the financial ability of this smallcongregation.The H.M.Anderson House located at 3415 WestMarkhamwasbuiltin1926andhasbeenlistedontheNationalRegisterofHistoricPlaces.The wall is adefiningcharacteristicofthepropertyandanydemolitionordeconstructionofthewallwillalterthepropertyfromtheoriginalhistoricsurvey.Letters have been receivedfromtheDepartmentofArkansasHeritageandtheCapitolView-Stifft Station Neighborhood Association stating theirpositionthatthewallisacontributinghistoricstructureandshouldbeallowedtoremain,as is.The sidewalkbetweenthewallandstreetisapproximately3feetinwidth,similar to the remainder of the sidewalk along thisportionofMarkhamStreet.
For these reasons,staff is supportive of the requestedwaiverandwillsupporttheplansubmittedbythechurch toconstructa5footsidewalkinfrontofthebuildingandtoconstructthehandicaprampatValmarStreet.
The second issue concerns the previously approved,pavedparkinglot.The church would like to continue the presentparkingarrangementonthegravelandgrass.The church hastwenty-two members,scattered from London to Texas.Therearerarelymorethan6carsonthesitefortwohoursonSundaymornings.The church states the grass parking areaisconsistentwithitsdesiretomaintainthehistoricalandresidentialcharacteroftheproperty.Staff is supportiveofthisrequestsubjecttoannualreviewbystaff.If thegrass,parking area is not maintained and becomes a "muddymorass",it will be brought back to the Commission forreconsideration.Staff also believes it is appropriate torequirealengthofasphaltorconcretedrivewayattheValmarStreetentrancetopreventdebrisbeingdraggedontothepublicright-of-way.
With these two proposed changes,staff believes the use ofthesitebytheQuakerChurchwouldcontinuetobecompatiblewiththeneighborhood.The conditional usepermitisforthisorganizationonly.If the church vacatesthesite,it will revert to single family residential useonly.
3
April 11,2002
ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C
SUBDIVISION COMMITTEE COMMENT:(MARCH 21,2002)
Barbara Stanford was present representing the Church.Staff
presented the item and noted the requested revisions to the
approved C.U.P.Staff's comments regarding annual review
and the requirement to construct a length of paved driveway
and to reinstall the 6 foot opaque screen were noted.Ms.
Stanford stated she saw no problem with those conditions.
The Committee determined there were no other issues and
forwarded the item to the full Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the requested revisions to the
approved C.U.P.subject to compliance with the following
conditions:
1.The 5 foot sidewalk in front of the structure and the
handicap ramp at Valmar Street are to be constructed as
proposed by the applicant.
2.A 20 foot deep by 12 foot wide asphalt or concrete
paved driveway is to be constructed at the Valmar
Street entrance to prevent debris being dragged onto
the public right-of-way.This driveway is to begin at
the property line and be constructed on the church
property.
3.Staff will review the unimproved parking lot on an
annual basis to determine if the area is being
maintained.If the area becomes unacceptably rutted or
muddy,the issue will be returned to the Commission for
reconsideration.
4.The required,6 foot opaque screen along the south
property line is to be reinstalled.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
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
4
April 11,2002
ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C
"Staff Recommendation"above.There was no further
discussion.
The item was placed on the Consent Agenda and approved as
recommended by staff.The vote was 10 ayes,0 noes and
1 absent.
5
April 11,2002
ITEM NO.:5 FILE NO.:Z-4758-A
NAME:Metropolitan Vocational and Technical
School Conditional Use Permit
LOCATION:7701 Scott Hamilton Drive
OWNER/APPLICANT:Little Rock School District/The Borne
Firm Architects
PROPOSAL:A conditional use permit is requestedtoallowfortheexpansionand
remodeling of this existing school.
The property is zoned R-2,Single
Family.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The property is located at the southeast corner ofScottHamiltonDriveandI-30.
2.COMPATIBILITY WITH NEIGHBORHOOD:
This vocational and technical school is located in anareathatisprimarilyindustrialinnature.
Surrounding uses,including those across I-30,arealmostexclusivelywarehousing,wholesaling and
manufacturing.A pocket of C-3 and C-4 zonedpropertiescontaining3hotels,a convenience store andarestaurantislocatedacrossScottHamilton,to thewest.A small cemetery is located on R-2 zoned
property to the northeast.The proposed expansion and
remodeling of this school will not affect its continuedcompatibilitywiththeneighborhood.All owners of
property located within 200 feet of the site,allresidentswithin300feetwhocouldbeidentified andtheUpperBaselineandSWLRUPNeighborhoodAssociations
were notified of this proposal.
3.ON SITE DRIVES AND PARKING:
The school currently has 46 classrooms.The expansion
and remodeling will result in 6 additional classrooms
and a distance learning center.A 52 classroom
secondary school requires 312 on-site parking spaces (6
April 11,2002
ITEM NO.:5 (Cont.)FILE NO Z-4758-A
per classroom).The site will have 332 parking spaces,once the expansion is completed.The site is served byoneaccessdriveontoScottHamilton.A little-used,secondary drive takes access from Stenger Road,behindtheschool.No new parking will be created.Theexistingpaved-parking will be improved,includingstripingandlandscaping.
4 .SCREENING AND BUFFERS:
New areas set aside for landscaping comply withlandscapeordinanceupgraderequirements.Irrigation,to water new landscaped areas will be required.
5.PUBLIC WORKS COMMENTS:
1.Scott Hamilton is classified on the Master StreetPlanasaminorarterial.A dedication of right-of-
way 40 feet from centerline will be required.2.A 20 feet radial dedication of right-of-way isrequiredattheintersectionofScottHamilton andI-30 Service Road.
With Buildin Permit:
3.Construct sidewalks on Scott Hamilton in accordancewithSec.31-175.
4.Repair or replace any curb and gutter or sidewalkthatisdamagedinthepublicright-of-way prior tooccupancy.
5.Appropriate handicap ramps will be required percurrentADAstandards.
6.Plans of all work in right-of-way shall be submittedforapprovalpriortostartofwork.7.Control erosion from the site into ROW on StringerRoad.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
Reliant:No Comments received.
Southwestern Bell:No Comments received.
2
April 11,2002
ITEM NO.:5 (Cont.)FILE NO.-'-4758-A
Water:Contact Central Arkansas Water if larger and/oradditionalwatermeter(s)are required.It appearsthatthebuildingexpansionwillbeoverthewaterlinegoingintothebuilding.
Fire Department:Approved as submitted.
Count Plannin :No Comments received.
CATA:Site is located on bus route 4 15 and has noeffectonbusradius,turnout and route.
Plannin Division:No issues.
SUBDIVISION COMMITTEE COMMENT:(MARCH 21,2002)
Doug Eaton and Robin Borne were present representing theapplication.Staff presented the item and noted thatadditionalinformationwasneededregardingthenumber ofclassrooms,existing and proposed;the height of thebuilding,existing and proposed;signage;fencing;anddumpsterlocation.Public Works Comments were presented anddiscussed.It was determined that there was already moreright-of-way in place than required by the Master Streetplan.The applicant indicated the remainder of staffcommentswouldbecompliedwith.It was noted that theexistingparkinglotswouldbeupgradedwithlandscaping.The applicant was advised to respond to staff comments byMarch27,2002.The Committee determined there were nootherissuesandforwardedtheitemtothefullCommission.
STAFF ANALYSIS:
Metropolitan Vocational and Technical School,a campus oftheLittleRockSchoolDistrict,occupies the R-2 zoned,17.8+acre tract located at,7701 Scott Hamilton Drive.Theschoolcurrentlyconsistsofa76,932 square foot shopbuilding,a 9,132 square foot library and computer buildingandan18,520 square foot classroom building tied togetherbyacoveredwalkway.
Paved parking lots are located on the south,east and westsidesofthebuildings.There are a total of 46 classroomsintheschool;23 in the classroom building,22 in the shop
3
April 11,2002
ITEM NO.:5 (Cont.)FILE NO.:Z-4758-A
building and 1 in the library/computer building.
The Little Rock School District proposes to remodel and
expand the school by converting one of the shop bays in the
shop building into 4 new,small classrooms and by
constructing a new,18,805 square foot computer technology
building containing offices,two computer training
classrooms and a distance learning center.The existing,
asphalt paved parking lots located on the south and west
sides of the school will be upgraded;including new striping
and landscaping.The dumpster is located on the back side
(east)of the site and will be brought into compliance with
the screening requirement.The site is enclosed by the
existing,6-foot tall,chain link fence.The main entry
drive accesses the site from Scott Hamilton.A secondary
drive provides access from Stenger Road to the rear.There
will be no changes to the fencing or driveways.One new
wall sign will be added to the west faqade of the new
addition.
Staff is supportive of the proposed conditional use permit.
The Vo-Tech School has been a part of this industrial
neighborhood for many years.The proposed addition assures
the long-term continued occupancy of the site by the school.
The upgraded landscaping,screening and parking lots will
improve the visual appearance of the site which is a
positive consequence of the development.
On March 22,2002,the applicant submitted a revised site
plan and cover letter in response to questions raised at the
Subdivision Committee meeting.All issues have been
addressed to staff's satisfaction.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use
permit subject to compliance with the comments and
conditions outlined in Sections 4,5 and 6 of this report.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
The applicant was present.There were no objectors present.
A letter of support had been received from Janet Berry,
president of SWLR United for Progress.Staff presented the
4
April 11,2002
ITEM NO.:5 (Cont.)FILE NO.:Z-4758-A
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 10 ayes,0 noes and
1 absent.
5
April i~,2002
ITEM NO.:6 FILE NO.:Z-7159
NAME:Hines Manufactured Home Conditional UsePermit
LOCATION:10709 Stagecoach Road
OWNER/APPLICANT:Edward Hines/Walter G.Riddick,III
PROPOSAL:A conditional use permit is requestedtoallowforplacementofamulti-sectional manufactured home on thisR-2 zoned property.
ORDINANCE DESIGN STANDARDS:
1.SITE LOCATION:
The site is located on the east side of Stagecoach
Road,approximately 800 feet south of Otter Creek Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoningrangingfromoldersinglefamilyhomestoasalvageyard.The area immediately around the site doescontainahandfulofsitebuiltsinglefamilyhomes butthelargersurroundingareaischaracterizedby
numerous nonresidential uses.A large area of
undevelopable floodway extends to the south and east.
The proposed multisectional manufactured,single family
home is compatible with uses and zoning in the area.
All owners of property within 200 feet of the site,allresidentswithin300feetwhocouldbeidentifiedandtheOtterCreekandSWLRUPNeighborhoodAssociations
were notified of this request.
3.ON SITE DRIVES AND PARKING:
This single family home requires one,on-site parkingspace.There is an existing driveway off of Stagecoach
Road that provides access to a gravel,parking area.
4.SCREENING AND BUFFERS:
None required for this single family use.
April 11,2002
ITEM NO.:6 (Cont.)FILE NO.:Z-7159
5.PUBLIC WORKS COMMENTS:
1.A Development Permit for Flood Hazard Area will berequiredperSec.8-283.The proposed manufactured
home placement appears to be in the floodplain.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
Reliant:No Comments received.
Southwestern Bell:No Comments received.
Water:Contact Central Arkansas Water if larger and/oradditionalwatermeter(s)are needed.
Fire Department:Approved as submitted.
Count Plannin :No Comments received.
CATA:Site is not on a dedicated bus route and has noeffectonbusradius,turnout and route.
SUBDIVISION COMMITTEE COMMENT:(MARCH 21,2002)
Walter Riddick was present representing the application.Staff presented the item and noted additional informationwasneededonthedrivewaylocationandanyproposedcarportorgaragestructures.Mr.Riddick indicated the existingdrivewaywouldbeusedandtheexistingmetalbuildingonthesitewouldbeusedforstorage.He stated he did notanticipateanyotherbuildingsbeinglocatedonthesite.Public Works Comments were presented.Mr.Riddick wasadvisedthatminimumfloorelevationswouldneedtobeestablishedbyPublicWorkspriortothehomebeinglocatedonthesite.The siting criteria of Section 36-254(d)(5)were pointed out to Mr.Riddick.He stated he saw noproblemcomplyingwithallcommentsandconditions.TheCommitteedeterminedtherewerenootheroutstandingissuesandforwardedtheitemtothefullCommission.
2
April 11,2002
ITEM NO.:6 (Cont.)FILE NO '-7159
STAFF ANALYSIS:
A conditional use permit is requested to allow for placementofamultisectionalmanufacturedhomeontheR-2 zonedpropertylocatedat10,709 Stagecoach Road.The sitecurrentlycontainsametal,accessory building.A sitebuilt,single family residence was previously located on theproperty,near the street.It was removed within the pastfewyears.
The property is located in an area of mixed uses and zoning:.A small grouping of site built,single family homes islocatedadjacenttothenorthandsouthofthesite.Alarge,nonconforming salvage yard is located acrossStagecoachRoad,to the west.A large area of undevelopablefloodwayislocatedeastandsouth-of the site.Other usesintheimmediatevicinityincludeanewerapartmentcomplex,vacant C-2 and C-3 zoned property and a multi-tenantshoppingcenter.
The proposed manufactured home will be located 150+feet offofStagecoachRoadandwillactuallybelocatedbehindtheexisting,metal building.That metal building will be usedasanaccessorystructureforthesinglefamily,multisectional manufactured home.The site has adequatespacefortherequiredoneparkingspace.Allowing theplacementofthissingle,manufactured home on this 2+acresiteisareasonableuseoftheproperty.The likelihood ofasitebuiltsinglefamilyhomebeingconstructedonthistractislessenedbythepresenceofthesurroundingnonresidentialusesandthefactthattherear2/3+of thistractliesinthefloodplain.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional usepermitsubjecttocompliancewiththefollowingconditions:
1.Compliance with the Public Works and Utility CommentsoutlinedinSections5and6ofthisreport.
2.Compliance with the Siting Criteria of Section36-254(d)(5)as follow:
3
April 11,2002
ITEM NO.:6 (Cont.)FILE NO.:Z-7159
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:(APRIL 11,2002)
The applicant was present.There was one objector present.
A letter had been received from Janet Berry,president of
SWLR United for Progress,in which she expressed theassociation's neutrality on the issue.Staff presented the
item and a recommendation of approval subject to compliance
with the conditions outlined in the "Staff Recommendation"
above.
Walter Riddick addressed the Commission in support of his
application.He stated his client would comply with allconditions.Mr.Riddick stated he would like to respond to
any concerns raised by the person present in opposition.
James Elliott,of 10719 Stagecoach Road,spoke in
opposition.He stated the applicant had not taken care ofhispropertyandhadinthepast,conducted illegal
excavation on the site.Mr.Elliott stated he was opposedtoplacementofa"mobile home"on the lot because it would
diminish his property value.
A motion was made and seconded to approve the application
subject to compliance with staff recommended conditions.
Commissioner Nunnley asked what the applicant's intent wasfortheproperty.Mr.Riddick responded that his client
would occupy the home and the property would have no use
other than single family residential.
4
April 11,2002
ITEM NO.:6 (Cont.)FILE NO.:Z-7159
Commissioner Downing commented that he would vote against
the application because of the Board of Director's practice
of denying manufactured home applications.
The vote was then taken.The vote was 7 ayes,3 noes and
1 absent.The application was approved.
5
April 11,.J02
ITEM NO.:7 FILE NO.:297
NAME:Rolling Pines Annexation
REQUEST:Accept the annexation of 5.34 +Acres
LOCATION:West of Heinke Road and north of Saline County Line
SOURCE:McGetrick Engineering agent for property owner
GENERAL INFORMATION:
~The County Judge approved the annexation on February 25,2002.
~The area requested for annexation is currently vacant
(wooded).
~There is only one owner,Rolling Pines Limited Partnership.
~The annexation request is to obtain City Services (sewer).
~The Site in question is triangular in shape,606 feet east-
west by 681 feet north-south.Total area is approximately5.34 acres.
~No Islands would be created by this annexation.
~Currently the property is not,zoned.
~The property owner has expressed a desire to develop thesite.
AGENCY COMMENTS:
Public Safet
Fire:No comments received.The closest two fire stations are
on Mabelvale West at Southwest Hospital and on Vimy Ridge
Road just south of Mabelvale Cut-Off Road.Each of thesestationsisover2milesdrivingdistanceontheexistingstreetnetwork.
Police:No comments received.Heinke Road is the boundary
between two patrol districts.Police services for thisareawouldbebasedoutofthesouthwestsubstation.
April 11,z002
ITEM NO.:7 (Cont.)FILE NO.:297
Infrastructure and Communit Facilities:
Central Arkansas Transit:Central Arkansas Transit indicates
they have no concerns related to this annexation.Theclosestcurrentbusrouteisover2milesawayin
Mabelvale.
Parks &Recreation:The Parks and Recreation Departmentindicatestheyhavenoconcernsrelatedtothisannexation.
The City's Master Parks Plan shows a deficit in park/openspacefortheareaincludedinthisannexation.At the
time of development,additional recreation or open space
should be considered in or near this site.
Public Works:The Public Work Department indicates they have no
concerns related to this annexation.The City will take
over maintenance of the remaining portion of Heinke Road
within Pulaski County.Since the property is undeveloped,the property owner will be recpxi.red to make half street
improvements at the time of future development.
Utilities:
Central Arkansas Water:No comments received.There is anexistingwaterline,which passes in front (along Heinke
Road)of the area under consideration for annexation.Thislineisof12-inch diameter.Extension of water will be atthecostofthedeveloper.
Entergy:No comments received.There are electric lines along
Heinke Road.
Reliant-Energy:No comments received.
Wastewater Utility:The Wastewater Utility has no objections totheannexation;there is capacity in this area for the
proposed development.The site is in the Sewer District
142 Basin,but is on the line with the Fourche Basin.
There is a sewer line serving a single-family subdivisiontothenorthwest,which passes within 100 feet of the
annexation area.This line is of minimal size.Extensionofservicewillbeatthecostofthedeveloper.Inaddition,there will be a capacity contribution fee chargedtothedevelopmentduetothefactitisamultifamilyprojectandnotstandardresidentialuse.
Schools:
Little Rock District:The Little Rock School District has
2
April 11,c002
ITEM NO.:7 (Cont.)FILE NO.:297
indicated they have no issues with the proposed
annexation.The site is not within the Little Rock
School District.
Pulaski County Special District:No comments received.ThesiteisinthePulaskiCountySpecialSchoolDistrict.
The schools serving this site are:Landmark Elementary,Fuller Junior High and Mills High School.
ANALYSIS:
The site is within the City of Little Rock PlanningJurisdiction.The City current exercises only subdivisionjurisdictionoverthisland.There is no zoning regulation
currently enforced on this property.
The property is currently undeveloped.The high point of the
property is the south east corner along Heinke Road near the
county line.The site drops as one moves to the northwest for atotalofsome40feet.The site is currently wooded.
The City's Otter Creek Planning District contains the area and
shows it for Single Family development.That is,residential
development at not more than 6 units per acre.The applicant
has indicated he will file a request for a development
containing 56 units on these 5.34 acres.The proposal is for 14four-unit structures.A development of up to 32 units isconsistentwiththecurrentlyadoptedplan.If the applicants
proposed development is to be allowed,a Plan change to allowforgreaterdensitywillhavetobeconsideredlateratthetimethatapplicationisbeforetheCity.
The City's Master Street Plan shows Heinke Road as a collector.
This would mean an additional 10 feet of right-of-way as well as
widening.The City usually obtains this additional right-of-way
and street improvements through the development process when thepropertyisundevelopedsuchasthesubjectproperty.InadditiontheMasterStreetPlanshowsanextensionofCountyLineRoad(from the west),curving northeast to intersect withtheProposedSouthLoop.This Minor Arterial could affect thewestboundaryofthesite.At the time of development the exactalignmentandlocationofthisroadwillhavetobemorespecificallydelineated.
3
April 11,2002
ITEM NO.:7 (Cont.)FILE NO.:297
Currently the site and surrounding area,both inside and outside
the City Limits,are semi-rural in nature.Within half a mile
to the west are the town of Shannon Hills and a partially
developed subdivision on Sardis Road.To the south are
residential subdivisions in Saline County.These subdivisions
are a mix of mobile homes and site built homes.However to the
north is undeveloped land and large lot residential development.
There are also a scattering of commercial uses behind or
adjacent to homes.
Without annexation the site is likely to develop as one or two
residential units (or as a non-residential use).Based on
normal single-family development density when sewer is provided,
a total of 20 units residential units could be expected if the
area is annexed and sewer service is provided.Since the City
through it'Land Use Plan has indicated that residential use is
appropriate,the question is what density of development is most
advantageous for the City and surround development.
No City of Little Rock department has indicated a problem or
concern with this property being made a part of the City.No
outside agency (School or Utility)has indicated a problem or
concern with this property being made a part of the City.The
County Judge has signed the annexation order,approving the
annexation of this property to the City of Little Rock.
STAFF RECOMMENDATION:
Staff recommends accepting the "Rolling Pines"Annexation.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
This item was placed on the Consent Agenda for approval,there
being no outstanding issues and staff recommends approval.By
unanimous vote (10-0)the item was approved.
4
April l~,2002
SUBDIVISION
ITEM NO.:8 FILE NO.:G-23-313
Name:Crestwood Street at
Kavanaugh Boulevard betweenlots18and19ofthe
Prospect Terrace Addition
right-of-way Abandonment.
Location:Approximately 110 feet of
Crestwood Street southwest
of Kavanaugh.
Owner/A licant:Howard and Stacy Hurst
Request:To abandon the 40 feet wide
by 110 feet long portion of
Crestwood Street where it
meets Kavanaugh near an
existing cul-de-sac.
STAFF REVIEW:
1.Public Need for This Right-of-Way
Crestwood Street is currently constructed as a
residential public street with 40 feet of pavement
connecting Crestwood Drive to Kavanaugh Boulevard.This
short residential street provides a secondary access
point for the neighborhood.Several factors make this
closure request unique.There is an existing cul-de-
sac at this location that will adequately provide for
turn-around traffic.In addition,Crestwood meets
Kavanaugh at a blind curve making a potentially
hazardous situation.
2.Master Street Plan
Crestwood Street is a residential street that serves
the Prospect Terrace Subdivision.
3.Need for Right-of-Way on Adjacent Streets
According to the Master Street Plan,Kavanaugh
Boulevard is classified on a minor arterial with a
reduced right of way of width of 70 feet.Applicant
does not support the dedication of additional right of
1
April li,2002
SUBDIVISION
ITEM NO.:8 FILE NO.:G-23-313
way on Kavanaugh,which is a typical requirement for
street closures.
4.Develo ment Potential
There is little future development potential in this
established residential area.
5.Nei hborhood Land Use and Effect
The general area is made up of a mixture of
institutional,commercial and residential uses.
6.Neighborhood Position
All abutting property owners and neighborhood
associations were notified of the public hearing.
7.Effect on Public Services or Utilities
Entergy —has no objection to the abandonment but
requested that the entire right of way be left open
as a utility easement.
ARKLA -has no objection to the abandonment.
Southwestern Bell —has no objection to the
abandonment.
Water Works —has no objection to the abandonment but
requested that the entire right of way be left open
as a utility easement for the 8 inch and 2 inch
water lines that are located there.
Wastewater Utility -has no objection to the
abandonment.
Fire Department —Has no objection to the abandonment.
Neighborhood and Planning —has no objection to
abandonment.
2
April li,2002
SUBDIVISION
ITEM NO.:8 FILE NO.:G-23-313
8.Reversionary Ri hts
Reversionary rights will extend to the property owners
of lots 18 and 19.A recent supplement to the
application indicates that the applicant now owns bothlots.
9.Public Welfare and Safet Issues
Abandoning this street will have no apparent adverse
effects on the public welfare and safety.
SUBDIVISION COMMITTEE COMMENTS:(March 21,2002)
The application was discussed briefly.Vice Chair Judith
Faust questioned whether closing an existing residential
street was something we should be supporting.Public Works
representatives agreed that in most cases,the closure of an
improved residential street was something that would not be
supported.In this case,at the proposed street closure
location there is an existing cul-de-sac to serve
neighborhood traffic and at the intersection with Kavanaugh
there is a blind curve.
STAFF RECOMMENDATION:
Staff has no objection in this case to the abandonment
request subject to the following conditions:
1.Construction of all abutting street improvements in
conjunction with abandonment approval (re-establish
curb and gutter sections along Kavanaugh and
Crestwood).Construct improvements to provide for a26'treet width (back of curb to back of curb)at all
points in the cul-de-sac
2.The existing street right-of way is to remain as a
platted utility and drainage easement.
3.Dedication of right-of-way on Kavanaugh 35'rom
centerline in accordance with the Master Street Plan.
3
April 11,2002
AREA MAP
CRESTWOOD DRIVE CLOSURE
Z7
i.
P
~ersW
44'~
y
ggvANfAU'b H.B"~4
4
April 11,2002
SUBDIVISION
ITEM NO.:8 FILE NO.:G-23-313
PLANNING COMMISSION ACTION (April 11,2002)
Mr.Mike Hood of Public Works Department introduced the
item,explaining that several factors make this request
unique.There is an existing cul-de-sac,which will
adequately provide for turn-around traffic.Additionally,
Crestwood meets Kavanaugh in a blind curve,making a
potentially hazardous situation.Mr.Hood stated that staff
has no objection to this request,subject to the following
conditions:
1.Construction of street improvements to Kavanaugh and
Crestwood
2.Existing street right-of-way to remain as platted
utility and drainage easement
3.Dedication of right-of-way on Kavanaugh to 35 feet
from platted centerline,in accordance with "MSP"
4.Applicant is to install a fire hydrant at Kavanaugh,
to address concern of Fire Department
Mr.Bruce Tidwell,applicants'epresentative,stated that
closing Crestwood would be beneficial to the entire
neighborhood.He also submitted a petition signed by a
majority of the property owners,consenting to and approving
the abandonment.
Mrs.Stacy Hurst presented an additional list of property
owners in the Prospect Terrace neighborhood who also support
the petition.Mrs.Hurst stated that the main reasons for
requesting the street closure is the safety of neighborhood
children and that the intersection of Crestwood and
Kavanaugh is in a blind curve and therefore a safety hazard.
Mrs.Hurst stated that she and Mr.Hurst will incur the cost
for installation of curbs,gutters,and newly created green
space.Mrs.Hurst also stated that the petition has
unanimous support from the residents of the cul-de-sac.
Ms.Carol Lord,Ms.Joyce Dillingham,Mr.Casey Jones,and
Ms.Christy Oliver voiced support for the petition.
Mr.Norman Hodges,Dr.Scott Hogan,Mrs.Bell,and Mr.James
Rice voiced opposition for the petition.
5
April 11,2002
SUBDIVISION
ITEM NO ~:8 FILE NO.:G-23-313
Commissioner Nunnley asked if there is traffic count in the
area indicating an above average amount of traffic for a
residential street.Mr.Hood stated that a recent traffic
count indicated 113 vehicles per day interring from
Kavanaugh and 168 vehicles per day exiting onto Kavanaugh,
which is a relatively small amount of traffic.Commissioner
Nunnley asked what remedies,other than closing a street,
could residents consider in a situation involving perceived
public safety issues.Mr.Hood stated that additional
controls could be placed at the intersection.
Commissioner Berry asked which Ordinance specifies the
conditions under which the City should abandon an existing
right-of-way.
Mr.Steven Giles stated that the legal issue is whether the
right-of-way is no longer needed for corporate purposes.
Commissioners discussed public and traffic safety concerns,
compelling reasons for closing a right-of-way,and the
public interest.
Motion was made and seconded to defer the application.
Motion failed by a vote of 3 ayes,6 nays,1 absent,and 1
abstention.
Motion was made and seconded to approve the application.The
motion failed by a vote of 2 ayes,7 nays,1 absent,and 1
abstention.
6
April 11,2002
ITEM NO.:9
~Sub 'ct:Proposed modification of the landscaping and
screening requirements for Wireless
Communication Facilities in existence prior
to December 20,1999;allowing for waivers
and deferrals of those requirements to be
reviewed and approved by the Planning
Commission through the Tower Use Permit
process.
STAFF REPORT:
Wireless Communication Facilities which were in existence on
December 20,1999 were given two-years to come into compliance
with the landscaping and screening requirements which were
approved by the passage of Ordinance No.18,713.The Board of
Directors retained the sole authority to grant deferrals or
waivers of those standards.The Board has since determined thatitisappropriateforsuchwaiversordeferralstobehandledby
the Planning Commission through the Tower Use Permit process.
This Ordinance change affects only those WCF',which were in
existence on December 20,1999.Any WCF's constructed since
that time should have been constructed in compliance with the
current landscape and screening requirements or a waiver or
deferral should have been granted by the Commission through the
TUP process.
The Plans Committee reviewed the proposed amendment at its
February 20,2002 meeting.The attached draft reflects two
minor changes that were suggested by the Committee and approvedatitsMarch20,2002 meeting.
Copies of the proposed amendment and notice of the April 11,
2002 Commission meeting were sent to several individuals
involved in the Wireless Communication industry.
PLANNING COMMISSION ACTION:(APRIL 11,2002)
Staff presented the item.There were no persons present to
speak either in support or opposition.The item was placed on
the Consent Agenda and approved by a vote of 10 ayes,0 noes and
1 absent.
1 ORDINANCE NO.draft 3/19/02
2 AN ORDINANCE AMENDING CHAPTER 36 OF THE3CODEOFORDINANCESOFTHECITYOFLITTLE4ROCK,ARKANSAS,CONCERNING WIRELESS
5 COMMUNICATIONS FACILITY REGULATIONS;
6 PROVIDING FOR MODIFICATION OF THE
7 LANDSCAPING AND SCREENING PROVISIONS OF
8 ARTICLE XII;PROVIDING FOR EXISTING WCF TO9COMPLYWITHSUCHLANDSCAPINGANDSCREENING10PROVISIONSWITHIN30DAYSOFTHEEFFECTIVE11DATEOFTHISORDINANCE;AND FOR OTHER12PURPOSES.
13
14 Whereas,the Board of Directors passed certain standards for landscaping and buffering of
15 wireless communication facilities ("WCF")in Little Rock,Ark.,Ordinance No.18,173 (December 20,
16 1999),as may be amended ("LRO 18,173")which were to apply to all future applications for WCF
17 permits,and
18 Whereas,Section 2(c)(6)included a requirement that WCFs in existence on the date of LRO
19 18,173,but not in compliance with the provisions of the ordinance,were required to come into
20 compliance within a two (2)year period of time unless the Board granted a waiver or deferral of the
21 various provisions,and
22 Whereas,the two (2)year grace period has now expired and new and existing WCF shall
23 be landscaped and screened within 30 days of the effective date of this ordinance,or obtain a
24 deferral of the requirements from the Little Rock Planning Commission.
25 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
26 THE CITY OF LITTLE ROCK,ARKANSAS:
27 Section 1:Section 36-593(c)(6)of Little Rock,Ark.Rev.Code ("LRC")(1988)is
28 deleted in its entirety and the following language is substituted as follows:
29 (6)Existing WCF shall be landscaped and screened in accordance with this
30 section within thirty (30)days of the effective date of this ordinance unless
31 compliance is deferred by the Planning Commission through the TUP process
32 because the WCF is not currently located within 100 feet of any occupiable
33 structure.Provided,however,the WCF shall be landscaped and screened in
34 accordance with this article within ninety (90)days of final inspection for any
35 occupiable structure subsequently constructed within 100 feet of the WCF.
36
1
2 a.In such cases where the Planning Commission has granted a deferral
3 of the landscape and/or screening requirements of this article,the
4 Planning Commission may modify the deferral or impose the
5 landscape and screening requirements if,in the future,a major
6 change in circumstances occurs.
7 b.For purposes of this section,a "major change in circumstance"
8 means that:
9 (1)the area within 200 feet of the boundaries of the WCF tower
10 site has developed to the point that there is a virtually unobstructed
11 view of the tower site from any adjoining occupiable residential
12 structure or from public property or right of way,and
13 (2)the City has received a complaint from the owner of an
14 occupiable structure located within 200 feet of the tower site that
15 the site has insufficient landscaping or screening in place;and
16 (3)the City has requested that the parties resolve the issue by
17 agreeing to certain screening or landscaping requirements
18 consistent with LRC $36-593 which can be granted
19 administratively by the Director of Planning and Development,but
20 no agreement has been reached,or sufficient additional space
21 around the site has been acquired to meet the landscaping,setback
22 and screening requirements of LRC $36-593.
23 Section 2.Severability.In the event any section,subsection,subdivision,paragraph,
24 item,sentence,clause,phrase,or word of this ordinance is declared or adjudged to be invalid or
25 unconstitutional,such declaration or adjudication shall not affect the remaining portions of the
26 ordinance which shall remain in full force and effect as if the portion so declared or adjudged
27 invalid or unconstitutional was not originally a part of the ordinance.
28 Section 3.Repealer.All laws,ordinances,resolutions,or parts of the same,that are
29 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
30 inconsistency.
31 Section 4.Emergency.The City appreciates the fact that the federal government has
32 taken steps to encourage the advancement of telecommunications technology,and understands
[Page 2of3]
1 that it is incumbent upon the City to encourage additional carriers to enter into the
2 telecommunications field and to be able to have some certainty about the requirements and
3 conditions for tower permits within the City.Such development is essential to protect the public
4 health,safety and welfare.The City also acknowledges and understands that existing federal and
5 state law allows the City to impose reasonable conditions on the appearance of wireless
6 communication facilities,which may include,among other things,landscaping and screening
7 requirements.An emergency is,therefore,declared to exist,and this ordinance shall be in full
8 force and effect from and after the date of its passage.
9
10 PASSED:
11
12 ATTEST:APPROVED:
13
14
15
16 Nancy Wood,City Clerk Jim Dailey,Mayor
17
18
19 APPROVED AS TO LEGAL FORM:
20
21
22
23 Thomas M.Carpenter,City Attorney
[Page 3 of 3]
April 11,2002
ITEM NO.:10 OTHER MATTERS
TITLE:Urban Land Institute (ULI)Midtown
Redevelopment Plan
SOURCE:Planning Commission and Staff
REQUEST:Approval of Resolution
At the March 14,2002 informal meeting,it was decided that the
Planning Commission needed to take some formal action on the
Midtown plan before recpxesting the City Board of Directors to
endorse the plan.Following is the Planning Commission's
resolution in support of the ULI Redevelopment Plan for the
Midtown area (Markham and University).
PLANNING COMMISSION ACTION:(APRIL 11,2002)
City Attorney,Stephen Giles,read into the record a resolutionfortheBoardofDirectorssupportingtheULI-Midtown Study.A
motion was made to send the resolution to the Board ofDirectors.By a unanimous vote (10-0)the Commission approved
the motion.
Commissioner Downing reviewed the process and findings of the
ULI Midtown Report.Elliot Kumpe,resident of the NW section
and co-chair of Midtown Neighborhoods Plan wanted to express
that group's support of the ULI Midtown Report (support of the
vision and confidence this gives for the future of the area).
Ruth Bell,League of Women Voters,spoke of the League'supportforthestudyandtheefforttoredeveloptheareapriortoa
time when it is all boarded up and closed down.Scott Mosley,
Vice President of St.Vincent,stated the Board of St.Vincent
has passed resolution of support for this plan and wants to seeitadvanced.
PLANNING COMMISSION VOTE RECORD
DATE v,~(t &K 8y/ew'RIER ~~~c p g j y)
MEMBER '7 r c-C
ALLEN,FRED,JR.u
BERRY,CRAIG v v v
DOWNING,RICHARD v
FAUST,JUDITH
v'LOYD,NORM 4
LOWRY,BOB y
MUSE,ROHN
NUNNLEY,OBRAY,JR.
RAHMAN,MIZAN
RECTOR,BILL
v'TEBBINS,ROBERT u
yvi~g~z*~RE@ v«C.
MEMBER Q,k /0
ALLEN,FRED,JR.v e v'
BERRY,CRAIG e v''o
DOWNING,RICHARD v'+y 0
v'AUST,JUDITH o V'O ~
FLOYD,NORM 0 O'p
LOWRY,BOB e
MUSE,ROHN ~u'e
NUNNLEY,OBRAY,JR.W e W ~e p
RAHMAN,MIZAN A
RECTOR,BILL ~v y
y'TEBBINS,ROBERT v
Meeting Adjourned 5 ~&4 P.M.
+AYE +NAYE ~ABSENT ~ABSTAIN ~RECUSE
April 11,2002
There being no further business before the Commission,the
meeting was adjourned at 5:50 p.m.
Date Q Z-
Se ar hairman