pc_07 14 2016LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JULY 14, 2016
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Craig Berry
Alan Bubbus
Buelah Bynum
Janet Dillon
Rebecca Finney
Scott Hamilton
Troy Laha
Paul Latture
Jennifer Martinez Belt
Bill May
Members Absent: Keith Cox
City Attorney: Shawn Overton
III. Approval of the Minutes of the June 2, 2016 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JULY 14, 2016
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-8764-A Arkansas Children’s Hospital Pediatric Clinic Short-
Form POD
East side of 9000 Block of Dailey Drive
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-9145 Johnson Day Care Family Home – Special
Use Permit
43 Villa Vista Loop
2. LU16-16-02 A Land Use Plan Amendment in the Otter Creek
Planning District at 12601 Interstate 30 from Light
Industrial to Commercial
2.1 Z-8227-A Rezoning from I-1 to C-3
12601 Interstate 30
3. Z-4462-A 13001 Stacy Lane Beauty Shop and Barber Shop –
Conditional Use Permit
13001 Stacy Lane
4. Z-6974-C City of Faith Correctional Facility – Conditional Use
Permit
1401 S. Garfield Street
5. Z-7992-A Arkansas Circus Arts – Conditional Use Permit
1101 Cumberland Street
6. Z-8170-C Mountain Valley Wastewater Treatment Plant –
Conditional Use Permit
25616 Highway 10
Agenda, Page Two
III. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title:
7. Z-9143 Savvy Kids Learning Center Day Care – Conditional
Use Permit
6724 West 32 nd Street
8. Z-9144 Movie Tavern Theater – Conditional Use Permit
11300 Bass Pro Parkway
July 14, 2016
ITEM NO.: A FILE NO.: Z-8764-A
NAME: Arkansas Children’s Hospital Pediatric Clinic Short-Form POD
LOCATION: Located on the east side of 9000 Block of Dailey Drive.
DEVELOPER:
Arkansas Children’s Hospital
Kim Prescott Facilities Planner
1 Children’s Way Slot 801
Little Rock, AR 72202
ARCHITECT:
Polk Stanley Wilcox Architects
Jason Landrum
2222 Cottondale Lane
Little Rock, AR 72202
ENGINEER:
McClelland Engineers
Dan Beranek
900 West Markham Street
Little Rock, AR 72201
AREA: 2.43 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.06
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: POD
PROPOSED USE: Clinic
VARIANCE/WAIVERS: A variance from the City’s Land Alteration Ordinance to allow
advanced grading of the site.
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
2
BACKGROUND:
Ordinance No. 20,614 adopted by the Little Rock Board of Directors on August 2, 2012,
rezoned a property to the north of this site from R-2, Single-family to POD to allow
Pulaski County to construct a new health unit. The request rezoned 3.02-acres of a
5.41-acre parcel owned by the City of Little Rock. The property is owned by the City of
Little Rock which provided a 99-year lease to Pulaski County for the site area containing
the health unit. Within the development the county proposed to construct a new county
health unit and a comprehensive care center. The health unit contained 6,610 square
feet and the comprehensive care center contained 15,775 square feet. The
development was proposed in two (2) phases. The health unit has been constructed.
No activity has taken place for the comprehensive care center.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting approval for a rezoning from R-2, Single-family to
POD, Planned Office Development, to allow Arkansas Children’s Hospital to
construct a new one-story, 11,555 square foot pediatric clinic on this site. The
clinic is planned to serve the southwest Little Rock community. The facility will
be located just east of Dailey Drive and south of Baseline Road. The site is
located just south of the Pulaski County Southwest Health Unit. The plan
includes a future building expansion area of 3,500 square feet. The normal
hours of operation are from 8:00 am to 5:00 pm Monday through Friday, with
possible extended hours in the future.
As with the construction of the health unit the City will continue to own the land
and will offer a 99-year lease to Children’s Hospital.
B. EXISTING CONDITIONS:
The property is heavily wooded with a significant amount of undergrowth. The
area to the north is the Pulaski County Southwest Health Unit and future north
along Baseline Road is a United States Post Office. East of the site is a City of
Little Rock Community Center and police substation. West of the site is vacant
property which was previously a mobile home park. South of the site is a
warehouse building which appears to be vacant.
In the area along Baseline Road are a number of uses including residential,
office and commercial uses. To the northeast is a DHS services building on the
south side of Baseline Road and on the north side of Baseline Road are a
number of uses including office and residential. Northwest of the site is a nursing
home. Further south and west of this site is predominately single-family homes
in the Allendale/Allendale Manor and Fairfield/Fairfield Cove Subdivisions.
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
3
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200 feet of the site along with the Chicot
Neighborhood Association and Southwest Little Rock United for Progress were
notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
Dailey Drive for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
2. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvement to Dailey Drive including
5-foot sidewalks with the planned development. The new curb will extend
from the centerline the same distance as the curb adjacent to the
development to the north.
3. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
4. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or property owner.
5. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
6. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to the site.
Entergy: Entergy does not object to this proposal. Power lines are in the vicinity
of this proposed clinic. There do not appear to be any existing conflicts with
Entergy facilities on this property. Contact Entergy in advance to discuss future
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
4
service requirements, new facilities locations and adjustments to existing facilities
(if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required.
If additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
3. Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by the
Arkansas Department of Health Engineering Division and the Little Rock
Fire Department is required.
4. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
5. If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
6. Contact Central Arkansas Water regarding the size and location of the
water meter.
7. Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZA) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water requires that upon installation of the
RPZA, successful tests of the assembly must be completed by a Certified
Assembly Tester licensed by the State of Arkansas and approved by
Central Arkansas Water. The test results must be sent to Central Arkansas
Water’s Cross Connection Section within ten days of installation and
annually thereafter. Contact the Cross Connection Section at 501.377.1226
if you would like to discuss backflow prevention requirements for this
project.
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
5
8. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s material
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of a
customer owned line agreement is required.
9. Fire sprinkler systems which do not contain additives such as antifreeze
shall be isolated with a double detector check valve assembly. If additives
are used, a reduced pressure zone back flow preventer shall be required.
10. This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Fire Department: Full code review. Contact the Little Rock Fire Marshal’s
Office (Capt. Tony Rhodes 501.918.3757 or Capt. John Hogue 501.918.3754).
Parks and Recreation: No comment received.
County Planning: No comment.
Rock Region Metro: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org.
Planning Division: This request is located in the Geyer Springs West Planning
District. The Land Use Plan shows Public Institution (PI) for this property. The
Public Institutional (PI) category includes public and quasi-public facilities that
provide a variety of services to the community such as schools, libraries, fire
stations, churches, utility substations, and hospitals. The applicant has applied
for a rezoning from R-2 (Single Family District) to POD (Planned Office District)
to allow the new construction of a pediatric medical clinic on currently vacant lot.
Master Street Plan: The west side of the property is Dailey Drive and it is a
Local Street on the Master Street Plan. The primary function of a Local Street is
to provide access to adjacent properties. Local Streets that are abutted by
non-residential zoning/use or more intensive zoning than duplexes are
considered as “Commercial Streets”. A Collector design standard is used for
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
6
Commercial Streets. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Street buffers will be required at six (6) percent of the average depth of the
lot. The minimum dimension shall be one-half (½) the full width requirement
but in no case less than nine (9) feet. The maximum dimension required
shall be fifty (50) feet.
3. A land use buffer six (6) percent of the average width/depth of the lot will be
required when an adjacent property has a dissimilar use of a more
restrictive nature. As a component of all land use buffer requirements,
opaque screening, whether a fence or other device, a minimum of
six (6) feet in height shall be required upon the property line side of the
buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the landscape
ordinance of the City, Section 15-102.
4. Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape
area. Provide trees with an average linear spacing of not less than thirty
(30) feet.
5. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street. This strip shall
be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines
shall be planted for every thirty (30) linear feet of perimeter planting strip.
6. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the
parking area(s). The minimum size of an interior landscape area shall be
one hundred fifty (150) square feet for developments with one hundred fifty
(150) or fewer parking spaces. Interior islands must be a minimum of seven
and one half (7 1/2) feet in width. Trees shall be included in the interior
landscape areas at the rate of one (1) tree for every twelve (12) parking
spaces.
7. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall
be provided at the rate equivalent to planter strip three (3) feet wide along
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
7
the vehicular use area. One (1) tree and four (4) shrubs shall be planted in
the building landscape areas for each forty (40) linear feet of vehicular use
area abutting the building
8. An automatic irrigation system to water landscaped areas shall be required
for developments of one (1) acre or larger.
9. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
10. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. SUBDIVISION COMMITTEE COMMENT: (May 11, 2016)
The applicant was present. Staff presented an overview of the item stating there
were additional items necessary to complete the review process. Staff
questioned the days and hours of operation, the proposed signage plan and the
proposed lighting plan. Staff also requested information concerning the
dumpster placement and the hours of dumpster service.
Public Works comments were addressed. Staff stated a grading permit was
required prior to construction activities on the site. Staff stated the City’s
stormwater detention ordinance would apply to the development of the site. Staff
stated a grading permit would be required prior to any construction activities on
the site. The applicant stated the request included a variance from the City’s
Land Alteration Ordinance to allow advanced grading of the site.
Landscaping comments were addressed. Staff stated a perimeter landscape
strip was required adjacent to lands zoned or used as residential. Staff stated a
perimeter planting strip was required adjacent to the side of any vehicular use
area that abutted adjoining property or street rights of way. Staff stated a
minimum of eight (8) percent of the vehicular use area was to be landscaped.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing the technical
issues associated with the request raised at the May 11, 2016, Subdivision
Committee meeting. The applicant has provided the days and hours of
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
8
operation, the proposed signage plan and the proposed lighting plan. The
applicant has also provided the dumpster location and the days and hours of
dumpster service.
The applicant is requesting to rezone the site from R-2, Single-family to POD,
Planned Office Development, to allow Arkansas Children’s Hospital to construct
a new one-story, 11,555 square foot pediatric clinic on this site. Plan includes a
future building expansion area of 3,500 square feet. The clinic is proposed as a
primary care pediatric clinic and will not serve as an urgent care clinic. The clinic
is proposed with 18 patient care exam rooms. The normal hours of operation are
from 8:00 am to 5:00 pm Monday through Friday, with possible extended hours in
the future. The future hours are proposed from 8:00 am to 10:00 pm Monday
through Friday and from 8:00 am to 1:00 pm on Saturday.
The site plan includes the placement of a dumpster near the southern perimeter
of the site. The dumpster will be screened as typically required per the zoning
ordinance. The hours of dumpster service will be between the hours of 7:00 am
and 6:00 pm Monday through Friday.
The site plan includes two (2) sign locations. The monument sign is proposed at
the entry drive to the clinic. The sign is proposed with a maximum height of six
(6) feet and a maximum sign area of 64 square feet. Building signage is
proposed with a maximum sign area of ten (10) percent of the front façade
fronting Dailey Drive.
The plan indicates the placement of a six (6) foot wood privacy fence along the
entire length of the southern perimeter. Fencing is not proposed along the
eastern perimeter of the site. The applicant indicates the area to the east is
wooded and is adjacent to the City of Little Rock Southwest Community Center.
The applicant desires to leave this area open to allow for persons to travel
between the Community Center and the clinic.
The applicant indicates the site lighting will be low level and directional, directed
downward and into the site. Site lighting will not trespass onto the street or
neighboring residents.
The clinic will be staffed with five (5) doctors. The zoning ordinance typically
requires the placement of six (6) parking spaces per doctor. Based on the typical
parking required a total of 30 parking spaces would be required. The plan as
presented includes the placement of 75 parking spaces which includes allowance
for the proposed expansion area and additional doctors staffing the facility.
The site plan indicates there will be 41,352 square feet of impervious surface,
36,427 square feet of pervious surface and 11,555 square feet of building area.
The total property contains 105,714 square feet of which 16,380 square feet will
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
9
remain undisturbed. As with the construction of the Pulaski County Health unit
the City will continue to own the land and will offer a 99-year lease to Children’s
Hospital for the clinic operation.
The request includes a variance to allow grading of the site with the
recommendation of approval of the POD zoning by the Planning Commission.
The applicant has indicated upon approval of the grading request by the Planning
Commission site grading will begin to allow the clinic to be completed within the
time frame necessary to meet the funding source requirements.
Staff is supportive of the applicant’s request. The applicant is seeking approval
of a rezoning to allow the construction of a children’s clinic on the site. The use
is a compatible use with the County Health unit which has been constructed to
the north of this site. Staff feels the rezoning request as proposed by the
applicant is appropriate.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request from the Land Alteration
Ordinance to allow grading of the site upon approval of the advanced grading
request by the Planning Commission.
PLANNING COMMISSION ACTION: (JUNE 2, 2016)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated May 26, 2016,
requesting deferral of this item to the July 14, 2016, public hearing. Staff stated they
were supportive of the deferral request. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff by a vote of
10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant has slightly modified the site plan to include a phased parking plan. The
development will be constructed with 55 parking spaces. The plan indicates the
construction of an additional 12 spaces in a future phase. The impervious area
proposed for the first phase is 32,629 square feet with 63,568 square feet of pervious
surface. The building is proposed containing 11,409 gross square feet of floor area.
The total property contains 105,714 square feet of which 27,651 square feet (26.2 %)
July 14, 2016
ITEM NO.: A (Cont.) FILE NO.: Z-8764-A
10
will remain undisturbed. The plan indicates with the future construction of the
additional 12 parking spaces 9,245 square feet will be an impervious surface and
1,980 square feet will be of a pervious surface. There are no other modifications
proposed for the overall development plan. Staff continues to be supportive of the
applicant’s request. Staff recommends approval of the request subject to compliance
with the comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report. Staff recommends approval of the variance request from the City’s Land
Alteration Ordinance to allow advanced grading of the site upon approval of the grading
request by the Planning Commission.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff presented a recommendation of approval of the variance
request from the City’s Land Alteration Ordinance to allow grading of the site upon
approval by the Planning Commission. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff by a vote of
10 ayes, 0 noes and 1 absent.
July 14, 2016
ITEM NO.: 1 FILE NO.: Z-9145
Name: Johnson Day Care Family Home – Special
Use Permit
Location: 43 Villa Vista Loop
Owner: Johnathan and Lauren Johnson
Applicant: Lauren Bibby-Johnson
Proposal: A Special Use Permit is requested to allow
a Day Care Family Home to be operated in the
single family residence located on the R-2
zoned property at 43 Villa Vista Loop.
STAFF UPDATE:
The applicant submitted a letter to staff on June 21, 2016 requesting that this
application be withdrawn. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
Staff informed the Commission that the applicant submitted a letter on June 21,
2016 requesting this application be withdrawn. Staff supported the withdrawal
request. There was no further discussion. The item was placed on the consent
agenda for withdrawal. The vote was 10 ayes, 0 noes and 1 absent. The
application was withdrawn.
July 14, 2016
ITEM NO.: 2 FILE NO.: LU16-16-02
Name: Land Use Plan Amendment – Otter Creek Planning District
Location: 12601 Interstate 30
Request: Light Industrial to Commercial
Source: J. Cliff McKinney, Quattlebaum, Grooms & Tull PLLC
The applicant requested the item be withdrawn on June 29, 2016.
STAFF RECOMMENDATION:
Staff support withdrawal.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
This item was placed on the Consent Agenda for Withdrawal. By a vote of
10 for, 0 against (1 Absent) the Consent Agenda was approved.
July 14, 2016
ITEM NO.: 2.1 FILE NO.: Z-8227-A
Owner: Ignacio and Guadalupe Alvarez
Applicant: J. Cliff McKinney, Quattlebaum, Grooms and Tull
Location: 12601 Interstate 30
Area: 1.531 Acres
Request: Rezone from I-1 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property and a church development; zoned R-2
South – Undeveloped property; zoned I-2 and R-2
East – Industrial development; zoned R-2
West – Creek, undeveloped property and mixed commercial uses;
zoned R-2, C-4 and PCD
A. PUBLIC WORKS COMMENTS:
1. At the time of construction, a special Grading Permit for Flood Hazard Areas
will be required per Sec. 8-283 prior to construction.
2. The future structure on the property will be required to be constructed with the
minimum finish floor elevation of at least 1 ft. above the base flood elevation.
3. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25 foot wide
drainage and access easement is required adjacent to the floodway
boundary.
4. Filling, erection, construction, or storage within the regulatory floodway is
prohibited.
5. AHTD has proposed the Crooked Creek Channelization Project in the vicinity
of the subject property. Staff cannot determine what work, if any, is proposed
adjacent to the subject property.
July 14, 2016
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-8227-A
2
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, and the SWLR United
for Progress and Alexander Road Neighborhood Associations were notified of
the public hearing.
D. LAND USE ELEMENT:
Planning Division:
This request is located in the Otter Creek Planning District. The Land Use Plan
shows Light Industry (LI) for this property. The Light Industry provides for light
warehouse, distribution or storage uses, and/or other industrial uses that are
developed in a well-designed “park like” setting. The applicant has applied for a
rezoning from I-1 (Industrial Park District) to C-3 (General Commercial District) to
develop commercial uses in the future on the currently vacant property. Staff has
determined that no Land Use Plan Amendment is necessary for the proposed
rezoning.
Master Street Plan:
The north side of the property is Interstate 30 and it is a freeway on the Master
Street Plan.
BICYCLE PLAN:
There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
Ignacio and Guadalupe Alvarez, owners of the 1.531 acre property at 12601
Interstate 30, are requesting to rezone the property from “I-1” Industrial Park
District to “C-3” General Commercial District. The rezoning is proposed for future
commercial development.
The 1.531 acre property is currently undeveloped and partially wooded. There is a
driveway from the I-30 service road which serves as access. The majority of the
property is located in the floodway, including the front 370 feet ± of the overall site.
Approximately 0.6 acre of the property is located in the floodplain, at the property’s
southeast corner.
July 14, 2016
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-8227-A
3
The general area contains a mixture of uses and zoning. There is undeveloped
property to the north, across I-30, which is owned by an adjacent church
development. There is a mixture of commercial and industrial uses to the east and
west, along I-30. There is undeveloped I-2 and R-2 zoned property to the south.
The City’s Future Land Use Plan designates this property as “Light Industrial”. A
requested Land Use Plan change to “Commercial” is a separate item on this
agenda. Staff has determined that a Land Use Plan Amendment is not needed for
the requested rezoning. The applicant has requested withdrawal of the Land Use
Amendment application.
Staff is supportive of the requested C-3 rezoning. Staff views the request as
reasonable. The proposed C-3 zoning will comply with the existing zoning pattern
along both sides of Interstate 30, which contains a mixture of commercial and light
industrial zoning and uses. The properties across the creek to the west are zoned
C-4 and PCD, with the property to the east containing a light industrial use. With a
portion of this property located within the floodway, development of the property
may tend to be difficult. Staff feels that the proposed C-3 zoning will aid in the
ability to develop the property. The minimum required side and rear building
setbacks are much less with C-3 zoning than with the existing I-1 zoning, which
will greatly help in the placement of a building within the floodplain portion of
the property. Staff believes that C-3 zoning and development of this property is
appropriate, and will have no adverse impact on the adjacent properties or
general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval. There was no further discussion. The item was
placed on the consent agenda and approved. The vote was 10 ayes, 0 noes and
1 absent.
July 14, 2016
ITEM NO.: 3 FILE NO.: Z-4462-A
NAME: 13001 Stacy Lane Beauty Shop and Barbershop –
Conditional Use Permit
LOCATION: 13001 Stacy Lane
OWNER/APPLICANT: Maylene H. and L. J. Carter Revocable Trust/
Holloway Engineering
PROPOSAL: A conditional use permit is requested to allow a
beauty shop and a barber shop to occupy two units of
this 6 unit, O-3 zoned building.
1. SITE LOCATION:
The property is located on the south side of Stacy Lane, between Gamble
Road and Farris Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses and zoning where the
uses transition from the single family neighborhood to the south to the
commercial uses along West Markham and Chenal Parkway. A
condominium development is located on the PD-R zoned property to the
south. An energy audit-improvement company is located on the O-3 and
C-3 zoned property to the east. A larger multifamily development
occupies the MF-18 zoned property to the west. Offices are located on
the POD and O-3 zoned properties to the north. Allowing a portion of this
building to be occupied by neighborhood service businesses such as the
proposed beauty and barber shops seems to be an appropriate use.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Parkway Place Neighborhood
Association.
3. ON SITE DRIVES AND PARKING:
The building contains a total of 6,820 square feet divided into 6 – 1,137
square foot bays. The site has paved parking for 21 vehicles with access
off of Stacy Lane. At 1 space per 200 square feet, the beauty and barber
shops would require 11 spaces. The remaining 4,546 square feet, if
occupied by office uses, require 11 parking spaces. Staff supports the
1 space parking variance. If it becomes an issue for the tenants and
landlord, there is room on the west side of the property to construct up to
8 more spaces fairly easily.
July 14, 2016
ITEM NO.: 3 (Cont.) FILE NO.: Z-4462-A
2
4. SCREENING AND BUFFERS:
Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements.
If building rehabilitation exceeds fifty percent (50%) of the replacement
cost then the landscaping and buffer must also come into compliancy
accordingly.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Stacy Lane Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from the centerline.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Gamble Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to the back of the
sidewalk.
3. A 20 feet radial dedication of the right-of-way is required at the
intersection of Farris Street and Stacy Street.
4. A 20 feet radial dedication of right-of-way is required at the intersection
of Stacy Lane and Gamble Street.
5. Replace the missing sidewalk panel near the corner of Stacy Lane and
Farris Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Electrical service is
already provided to the site and the existing structure. Contact Entergy in
advance should service requirements for this location change in the future.
Centerpoint Energy: No comments received.
AT&T: No comments received.
July 14, 2016
ITEM NO.: 3 (Cont.) FILE NO.: Z-4462-A
3
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: No Comments.
Building Codes: This is a change in occupancy type for this structure and
is therefore subject to full commercial plan review and approval prior to
occupancy. Review by LR Wastewater, EAD Division is required. This
facility must meet 2012 Arkansas Fire Prevention Code requirements.
Evaluation of adjacent uses and required fire separations is required. For
information on submittal requirements and the review process, contact a
commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org .
County Planning: No Comments.
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicant was present. Staff presented the item and noted little additional
information was needed. In response to a question from staff, the applicant
stated the days and hours of operation for the beauty shop and barber shop
would be 8:00 to 5:00, Monday through Saturday. The applicant stated the
beauty shop would have 3 employees and the barber shop would have 4
employees.
Public Works Comments were noted and discussed Other Agency Comments
were noted.
July 14, 2016
ITEM NO.: 3 (Cont.) FILE NO.: Z-4462-A
4
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
STAFF ANALYSIS:
The 0.67± acre, O-3 zoned property located at 13001 Stacy Lane is occupied by
a one-story, 6,820 square foot commercial style building and a 21 space asphalt
paved parking lot. The building is divided into 6 lease spaces, each of which
contains 1,137 square feet. The applicants are requesting approval of a
conditional use permit to allow a beauty shop and a barber shop to occupy one
lease space each. The remaining 4 spaces will continue to be occupied by O-3
uses.
The proposed beauty shop will have 3 employees and the barber shop will
have 4 employees. Each will operate Monday through Saturday, 8:00 a.m. to
5:00 p.m. Signage will consist of a wall sign and space on the center’s tenant
identification signs (one at each corner of the property, 4 X 8).
Staff is supportive of the proposal. The property is located at the northern fringe
of a neighborhood where uses begin to transition to office and commercial.
These two small personal service uses will provide services to the nearby
residential neighborhood. The proposed days and hours of operation are
keeping in line with the other office uses in the area.
To staff’s knowledge, there are no outstanding issues. The 1939 plat/bill of
assurance does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments outlined in Sections 5 and 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as 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, including all staff comments and
conditions. The vote was 10 ayes, 0 noes and 1 absent.
July 14, 2016
ITEM NO.: 4 FILE NO.: Z-6974-C
NAME: City of Faith Correctional Facility – Conditional Use
Permit
LOCATION: 1401 S. Garfield Street
OWNER/APPLICANT: City of Faith Prison Ministries/Terry Williams
PROPOSAL: A conditional use permit is requested to allow the
continued use of this O-3 zoned property and building
as a correctional facility.
1. SITE LOCATION:
The site is located on the east side of Garfield Street, two blocks south of
West 12 th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The facility has operated at this location since it was constructed in 1996.
By all accounts the facility has been a “good neighbor” and is compatible
with the neighborhood. The property is located in an area of mixed zoning
and uses. The facility has a community relations board which meets on a
monthly basis with neighborhood representatives to address any issues.
Staff believes extending the C.U. P. will not affect the facility’s continued
compatibility with the neighborhood.
All owners of property located within 500 feet of the site and the University
Park, Point O’Woods, Broadmoor, Oak Forest and Fair Park
Neighborhood Associations were notified of this request. Additionally,
public hearings were held on June 29 and 30 at the site. Notice of these
public hearings was advertised in the Arkansas Democrat Gazette.
3. ON SITE DRIVES AND PARKING:
The property has access from Garfield Street and via an access drive to
University Avenue. The existing parking is sufficient for the use.
4. SCREENING AND BUFFERS:
No Comments.
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
2
5. PUBLIC WORKS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Garfield Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline. Staff was unable to locate a previous dedication
deed document showing the dedication has been provided.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Electrical service is
already provided to the site and the existing structure. Contact Entergy in
advance should service requirements for this location change in the future.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
Fire Department: No Comments.
Building Codes: No Comments.
County Planning: No Comments.
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicant was present. Staff presented the item and noted there were no
changes from the previous approvals.
Public Works Staff stated they had been unable to locate proof that the required
right-of-way for Garfield Street had been dedicated through any of the previous
actions. The applicant stated she would try to find the dedication deed and, if
unable to do so, would work with staff to remedy the situation.
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
3
Other Agency Comments were noted.
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
STAFF ANALYSIS:
City of Faith Community Correctional Center is located on the O-3 zoned
property at 1401 S. Garfield Street. At the time the facility opened in 1996, such
uses were permitted "by-right" in the O-3 district. In response to public concern,
the Board of Directors, on March 4, 1997, passed Ordinance No. 17,409 defining
correctional facilities and making correctional facilities a conditional use in any
zoning district. That same ordinance also established the following separation,
spacing and procedural requirements for correctional facilities:
Separation, spacing, and procedural requirements for
correctional facilities shall be determined by the planning
commission so as not to adversely impact the neighborhood.
Correctional facilities are subject to the following additional
requirements:
a. Before a conditional use permit for a correctional facility
can be granted, the applicant shall clearly establish the
following:
1. All property owners or persons operating a
business within five hundred (500) feet of the
property line of a proposed correctional facility
have received notice by certified mail of the exact
location of the property and its intended use;
2. This required notice was sent to each person
before any contract for operation of the facility was
granted, that this notice properly sets forth the
exact procedure and time frame for the person
notified to register objections with the appropriate
governmental agency, and that proof of such
notice is provided as required for conditional use
permits;
3. The facility is not located within five hundred (500)
feet of the property line of any school, any facility
that operates programs for youth, or another
correctional facility;
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
4
4. The applicant has conducted two (2) public
hearings after having first advertised the meetings
and location prominently not less than five (5) nor
more than seven (7) days prior to each meeting;
that such advertisement was prominently
displayed and not a mere legal advertisement, in a
newspaper with seven (7) days a week
countywide circulation;
5. Procedures are in place should the permit be
granted that the chief of police shall be notified
within one (1) hour that a resident of the facility
has escaped or failed to return when required;
6. Adequate security measures are in place to
prevent any resident of the correctional facility
from violating subsection (5) more than once in a
thirty-day period.
b. These requirements for correctional facilities are in
addition to any other provisions required for a conditional
use permit under this code. These requirements are
mandatory and not directory. In the event of a conflict
with the other provisions of the code, these requirements
shall control. Substantial compliance is not sufficient.
Failure to comply with these requirements shall be a
basis to deny the permit. Within one hundred twenty
(120) days of granting the permit, the permit may be
rescinded upon presentation to the planning commission
of clear and convincing evidence that the applicant failed
to comply with subsections (1) through (4) above. Failure
to comply with subsections (5) and (6) two (2) times
within a ninety-day period, or the commission of a violent
felony by a resident of the correctional facility, shall be a
basis for determining that security is inadequate and
such determination shall be a cause for immediate
revocation of the permit. The planning commission shall
establish procedures for presentation of such evidence
and for placement of the matter on its agenda for public
hearing.
c. The terms "group care facility", "rooming or boarding",
"community, welfare or health care", "establishment for a
religious, charitable or philanthropic organization",
"governmental or private recreational uses", and
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
5
"rooming, lodging or boarding facilities", shall not include
a correctional facility as a permitted use.
d. Any correctional facility in operation on the effective date
of this section shall be required to come into compliance
with this section and obtain a conditional use permit
within four (4) years of the effective date of this section.
In conformance with Subsection "d" above, City of Faith applied for and was
issued a conditional use permit by the Planning Commission on February 8,
2001. Objectors appealed that action to the Board of Directors and, on May 6,
2001, the Board upheld the Commission's approval. The C.U.P. was approved to
coincide with the length of the Bureau of Prisons contract which expired on
September 30, 2006.
On March 6, 2006, the Planning Commission approved a renewal of the C.U.P.
for a five-year period to coincide with the Bureau of Prisons contract beginning
October 1, 2006. It was noted at that time that a childcare operation had located
to a property within 500 feet of the City of Faith facility. Staff recommended
approval of a variance from the 500 feet separation requirement since the
childcare facility had located in the area subsequent to the opening of the
correctional facility. There was no opposition to the C.U.P. renewal and the item
was on the Consent Agenda.
On January 27, 2011, the Commission approved a renewal of the C.U.P. for a
five-year period to coincide with the BOP contract beginning October 1, 2011.
There was no opposition to the C.U.P. and the item was again on the Consent
Agenda.
The contract is again up for renewal. The bid process began on April 1, 2016.
The BOP has not given an award date or a date for performance. Past
performance dates have been October 1.
In response to a question raised at Subdivision Committee, the applicant has
stated there are no changes in the operation from the previous approvals.
The following information was provided by City of Faith describing the facility and
its operations.
The City of Faith – Little Rock Community Correctional Center is located at
1401 South Garfield Drive, Little Rock, Arkansas 72204. The center has a
designed capacity for 104 residents, 84 male residents and 20 female residents.
The center provides services to adult offenders who are 18 year of age or older.
The average length of stay is six months. The security level for all residents is
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
6
classified as minimum-community. An additional 40 persons who do not reside
at this site are supervised with electronic monitoring.
The center is located in a residential/business community and has easy access
to public transportation and also permits eligible residents to drive personal
vehicles under stringent guidelines.
The center is a two-story brick structure that has ten thousand (10,000) square
feet. The center was built in 1996 and has two handicap parking spaces and forty
parking spaces for staff and residents. The first floor of the center has a lobby,
control station, administrative offices, kitchen, dining area, staff restroom,
U.A./medical supply closet, director's office, laundry room, handicapped
restroom, handicapped room (capacity for two residents), and four bedrooms for
female residents that have alarmed doors at both ends of the hallway.
The second floor of the center houses male residents. There are 13 rooms on the
second floor that house between three to seven residents. There is a storage
room, laundry room and restrooms on the second floor. There is a day room on
the second floor that has ample room to sit and has access to a television. All
resident rooms have access to natural light. All common areas are personally
decorated with plants, pictures and other memorabilia that add to the
attractiveness and professionalism of the overall environment.
The center is professionally landscaped and has several patios (covered and
uncovered), barbecue area, three stationary picnic tables, several chairs and
built-in sitting areas. The center has an outdoor (half-court) basketball area, and
green-space for weight lifting.
This past year, a new administrative building was constructed on the O-3 zoned
property located across the street at 1400 Garfield. This new building is used
only for administrative offices.
The center has a team of professionals that are divided into the following
positions:
1 Deputy Executive Director
1 Program Manager
1 Senior Case Manager
1 Job Coordinator
4 Case Managers
1 Chief of Security
12 Resident Security Staff
1 Home Confinement Coordinator
1 Social Services Coordinator
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
7
The mission and management philosophy of the City of Faith Community
Correctional Center is to provide a versatile community-based alternative to
conventional incarceration for those offenders referred to the center by
contractual agreements.
Since every offender in residential treatment ultimately returns to the community,
the center incorporates a carefully monitored, progressive reintegration into
society. The City of Faith emphasizes a risk reduction goal utilizing programs
designed to assist offenders in becoming law-abiding, self-sufficient, contributing
members of the community; thereby, changing an offenders attitude and
consequently the probability of future criminal behavior. Thereby, behavioral
changes achieved during a relatively short period of residential treatment may
become enduring characteristics that enable the offender to reintegrate safely
and productively into the community.
The City of Faith offers a series of sentencing options more intrusive than
probation, but less punitive than incarceration. Oversight, monitoring, substance
abuse testing and counseling are provided. Thereby, maximizing compliance with
treatment and court orders.
The staff of the City of Faith makes a concerted effort to confront unacceptable,
inappropriate behavior, and the failure to meet program requirements.
The Community Correctional Center in tandem with alternative to incarceration,
offers a sensible long-term solution to changing needs of the justice community.
The applicant has reiterated the commitment made to the Board of Directors that
the facility will not take felons convicted of violent crimes, sexual assault or
crimes against children.
City of Faith has completed all required notification and newspaper advertisements
as outlined in the Ordinance. Public meetings were held at the 1400 Garfield
Office on June 29, 2016 and June 30, 2016.
To staff's knowledge, there are no outstanding issues. Staff believes it is
appropriate to approve the C.U.P., again tying the approval to the length of the
Bureau of Prisons contract. There is no bill of assurance issue. There is still a
daycare center located within 500 feet of the site. That daycare moved to the site
after City of Faith was constructed and in operation. To staff's knowledge, there
have been no issues associated with the relationship to the daycare center.
July 14, 2016
ITEM NO.: 4 (Cont.) FILE NO.: Z-6974-C
8
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit subject to the following
conditions:
1. The C.U.P. is approved for a five-year period to coincide with the renewed
Bureau of Prisons contract.
2. If City of Faith's federal contract lapses or is cancelled, the C.U.P. is voided.
Staff recommends approval of a variance from the 500 feet separation
requirement from the childcare facility since the childcare facility located in the
area subsequent to the opening of the correctional facility.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as 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, including all staff comments and
conditions. The vote was 10 ayes, 0 noes and 1 absent.
July 14, 2016
ITEM NO.: 5 FILE NO.: Z-7992-A
NAME: Arkansas Circus Arts – Conditional Use Permit
LOCATION: 1101 Cumberland
OWNER/APPLICANT: Wallace Caradine/Arkansas Circus Arts
PROPOSAL: A conditional use permit is requested to allow for the
use of a portion of this R-4A zoned building for
Arkansas Circus Arts (studio-art, music, speech,
drama, dance or other artistic endeavors).
1. SITE LOCATION:
The property is located at the southeast corner of East 11 th Street and
Cumberland Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a neighborhood that is primarily residential in
nature; single family, duplex and multifamily. R-4A does allow C-1 uses
through the C.U.P. process. C.U.P.’s have been approved for various
office uses and a violin repair shop in the blocks just to the north. This
building was constructed as a non-residential structure and was occupied
by a laundry-cleaners for many years. Portions of the building are now
occupied by offices and warehouse space. I-630 is located one lot to the
south. MacArthur Park and the Arkansas Arts Center are located 2 blocks
to the east. Staff believes the use as proposed is compatible with uses in
the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the MacArthur Park and Downtown
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The property has no on-site parking. Various uses have occupied the
building over the years with varying parking requirements. Parking has
apparently always been on the street. As currently proposed, the uses
in the building will include an architect’s office (1,650 sq. ft.), the Circus Arts
Studio (2,350 sq. ft.) and warehouse-storage space (2,867 sq. ft.). Typical
parking requirements for the architect’s office and warehouse are 4 spaces
and 1 space respectively. The studio will have 1 class per hour with
July 14, 2016
ITEM NO.: 5 (Cont.) FILE NO.: Z-7992-A
2
1 instructor and up to 6 students per class. Parking requirement for the
studio is 1 space per instructor and 1 space for every 5 students; 2 spaces
required.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
2. Head in or angled parking is not allowed on 11 th Street.
3. Public sidewalk access should be provided across the frontage of the
property adjacent to 11 th Street. The current sidewalk is blocked by
planter boxes.
4. Sidewalk should be extended to the alley on 11 th Street is required in
accordance with Sec. 31-175 of the Little Rock Code and the Master
Street Plan. Depending on the running slope of the sidewalk an
access ramp maybe required.
5. Parallel parking spaces should be striped on 11 th Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Electrical service is
already provided to the site and the existing structure. Contact Entergy in
advance should service requirements for this location change in the future.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
Fire Department: No Comments.
Building Codes: This is a change in occupancy type for this structure and
is therefore subject to full commercial plan review and approval prior to
occupancy. This facility must meet 2012 Arkansas Fire Prevention Code
requirements. Evaluation of adjacent uses and required fire separations is
July 14, 2016
ITEM NO.: 5 (Cont.) FILE NO.: Z-7992-A
3
required. For information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org .
County Planning: No Comments.
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicants were present. Staff presented the item and noted some
additional information was needed. Staff requested a signage plan and noted all
signage had to be approved by the Historic District Commission. Staff requested
days and hours of operation and asked how many people would be attending the
various classes. Staff asked if there would ever be shows or public programs
conducted at this site. Staff asked what the parking plans were as there was no
on-site parking available.
Public Works Comments were discussed. Staff noted that the existing head in or
angled parking on 11 th Street needed to be changed to parallel parking. Staff
noted the need to repair and extend the sidewalk abutting the site. Again there
was discussion about parking.
Other Agency Comments were noted
The applicants were advised to respond to staff issues by June 29, 2016. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-4A zoned lot located at 1101 Cumberland is occupied by a one-story,
6,867 square foot commercial building. Portions of the building date back to
1925 and the building has a long and varied history of commercial occupancy.
Portions of the building are now occupied by offices and warehouse/storage
space. Arkansas Circus Arts is requesting approval of a conditional use permit to
allow them to occupy a portion of the building as a studio.
Arkansas Circus Arts (ACA) proposes to use 2,350 square feet of the building to
teach classes for children and adults in circus-style and dance-based movement
July 14, 2016
ITEM NO.: 5 (Cont.) FILE NO.: Z-7992-A
4
such as hula hooping, handstands, aerial arts, acrobatics, juggling, stilt walking,
ballet, modern dance, yoga and creative/theatrical movement and art creation.
Arkansas Circus Arts is a studio and performing troupe; specializing in Circus
Arts education and entertainment. ACA’s current and previous entertainment
clients include many non-profit, corporate and local organizations. ACA will be
collaborating with the Arkansas Arts Center for their Children’s Theater summer
camps.
No shows or public programs will be conducted at this site. Days and hours of
operation for the classes are proposed as Monday through Friday, 4:00 p.m. to
9:00 p.m. Private lessons may be scheduled outside of these hours. The
studio is planning for 1 class per hour. Each class will have 1 instructor and up
to 6 students.
ACA proposes to utilize on-street parking as has been done since the building
was constructed. About 9 spaces are available adjacent to the building on East
11th and Cumberland Street.
The owner of the violin shop across the street has stated the on-street spaces in
front of his shop are available after 6:00 p.m. when his business closes.
Staff is supportive of the proposed use. The relatively small scale of the
proposed studio is such that it should not have an effect on the surrounding
properties. The level of activity is not much above tutoring and private lessons
that would typically be allowed in a residential zone. There is sufficient on-street
parking available adjacent to the site to accommodate the use. The plat/bill of
assurance for the original City of Little Rock does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with
following conditions:
1. Compliance with the comments and conditions outlined in Sections 5 and 6 of
the agenda staff report.
2. Classes and use of the site by ACA are to be as proposed by the applicant
and described in the staff analysis above.
3. Signage and any changes to the exterior of the building must be approved by
the Historic District Commission.
July 14, 2016
ITEM NO.: 5 (Cont.) FILE NO.: Z-7992-A
5
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as 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, including all staff comments and
conditions. The vote was 10 ayes, 0 noes and 1 absent.
July 14, 2016
ITEM NO.: 6 FILE NO.: Z-8170-C
NAME: Mountain Valley Wastewater Treatment Plant –
Conditional Use Permit
LOCATION: 25616 Highway 10
OWNER/APPLICANT: LRG, LLC. /White-Daters
PROPOSAL: A conditional use permit is requested to allow for
development of a wastewater treatment plant on this
R-2 zoned, 1.7 acre tract.
1. SITE LOCATION:
The site is located outside of the city limits, within the City’s zoning
jurisdiction. The site is located north and east of the intersection of
Highway 10 and Pleasant Grove Road, south of Nowlin Creek.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The overall area around the site is rural in nature; comprised primarily of
tracts of undeveloped land and single family residences on larger tracts of
R-2 and AF zoning properties. This wooded, 1.7 acre site is located some
660+ feet north of Pleasant Grove Road, adjacent to Nowlin Creek. The
applicant also owns the 36 acre tract adjacent to the west. The proposed
treatment plant appears to be located approximately 650 feet from the
nearest residence to the north, 550 feet from the nearest residence to the
south, 1,100 feet from the nearest residence to the east and 1,300 feet
from the nearest residence to the west. The treatment plan will be located
in the middle of the 1.7 acre tract with a wooded buffer being retained
around the perimeter.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Coalition of West LR Neighborhoods
and Citizens of West Pulaski County Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
No parking is required for the use other than space for service and
technicians to park within the treatment plant compound. This will be
provided. Access to the site will initially be via a proposed temporary all
weather gravel driveway off of Pleasant Grove Road. Permanent access
will be provided in conjunction with the platting of a future residential
subdivision adjacent to the site.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
A land use buffer six (6) percent of the average width / depth of the lot
will be required when an adjacent property has a dissimilar use of a more
restrictive nature. The property to the south and east is zoned AF and the
property to the north is zoned R2. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a
minimum of six (6) feet in height shall be required upon the property line
side of the buffer. A minimum of seventy (70) percent of the land use
buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement.
The plantings, existing and proposed, shall be provided within the
landscape ordinance of the city, section 15-102.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
5. PUBLIC WORKS:
Pulaski County should be contacted about any floodplain/floodway issues.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Outside service boundary – No comment.
Entergy: Entergy does not object to this proposal. A three phase
overhead electrical line already exists along the north side of Highway 10
and a single phase Overhead line already runs along the north side of
Pleasant Grove Road. Neither line appears to conflict with the proposal.
Caution should be used when working under or around power lines.
Contact Entergy in advance to discuss future service requirements, new
facilities locations and adjustments to existing facilities (if any) as this
project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
3
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
Please submit plans for water facilities to Central Arkansas Water for
review. Plan revisions may be required after additional review. Contact
Central Arkansas Water regarding procedures for installation of water
facilities. Approval of plans by Central Arkansas Water, the Arkansas
Department of Health Engineering Division and Little Rock Fire
Department is required.
This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Additional fire hydrant(s) will be required. Contact the Little Rock Fire
Department to obtain information regarding the required placement of the
hydrant(s) and contact Central Arkansas Water regarding procedures for
installation of the hydrant(s).
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges.
Fire Department: Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
4
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
Building Codes: Project is subject to full commercial plan review and
approval prior to issuance of a building permit. For information on
submittal requirements and the review process, contact a commercial
plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org .
County Planning:
4 and 6.) Show name and address of owner/developer.
5.) Show source of title.
7.) Show distance to two land corners and state plane coordinates for
said corners.
9.) Show engineers stamp and signature.
12.) Show boundary line dimensions and bearings for all portions of
property that are a part of the CUP application.
19.) Show on site plan the zoning for subject property.
20.) Provide development summary.
22.) Show source of water to site.
23.) Obtain Floodplain/Floodway development permit.
24.) Provide all approval documents from Arkansas Department of
Health and the Arkansas Department of Environmental Quality.
35.) Applicant is requesting a Conditional Use Permit from the City of
Little Rock to build a wastewater treatment facility in an R-2 zoned
area.
45.) Pay $33.00 Review fee.
Show basis of bearing on site plan.
Discharge point for treatment plant is within the floodway of Nowlin Creek.
Obtain the necessary floodplain development permits from Pulaski County
Public Works (501)-340-6800.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
5
Provide permanent legal and physical access to this site as part of the
future subdivision development.
Staff Recommendation: Approval subject to compliance with staff
comments and the procurement of a CUP from the City of Little Rock.
Pulaski County Road and Bridge:
1. Obtain driveway permit for Pleasant Grove road connection. Call
Patricia Mackey with PCRB (501-340-6800)
Items needed for floodplain development approval
1. Creek crossing design for any culvert, bridge, or low water crossing (if
any are to be used)
2. Design for all structural components located within the floodplain/floodway
such as roadbeds, levees, and building foundations. Density test are
required after placement of structural material showing that material meets
or exceeds design density
3. Estimate, in cubic yards, for amount fill to be brought into floodplain
4. Signed Pulaski County floodplain development application
5. Permit review fee of $25 plus one cent per cubic yard of fill to be
brought into the floodplain
6. Approved 404 permit from the Corps of Engineers for any work in the
wetlands
7. Approved ADEQ permit for any construction over 1 acre or any stream
crossing
8. All utilities must be located above the Base Flood Elevation or flood
proof
9. Scaled 1% annual chance flood limits cannot be shown on plat
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicants were present. Staff presented the item and handed out copies of
information on the proposed treatment plant operation that had been provided by
the applicant. Staff also handed out a document outlining additional information
that staff needed on the proposed plant.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
6
Vice-Chair Berry asked how long this type of system was expected to last and
who would maintain it. The applicants responded that these private systems
were located “all over” northwest Arkansas and two developments near Little
Rock (Alotian Golf Club and Waterview Estates) had such systems. They stated
this proposed system would be maintained by the same person who maintains
Alotian and Waterview.
The applicants stated they had Arkansas Health Department approval and would
provide a statement of such to staff.
Pulaski County and Other Agency Comments were noted.
The applicants were advised to submit responses to staff questions by June 29,
2016. The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
construction of a wastewater treatment plant on this wooded, 1.7 acre tract. The
treatment plant is proposed to serve a single family residential subdivision which
the applicant proposes to develop on the 36± acres adjacent to the west. The
37+ acre property is currently zoned PCD. The applicant will file a request to
revoke the PCD and to restore the underlying R-2 zoning.
The property was previously used as a golf driving range. In 2007, the property
was rezoned to PCD to allow a 6-lot development with a mixture of office and
commercial uses. In 2015, a PD-R request for a single family residential
development and a CUP for a wastewater treatment plant were filed. The
applicant withdrew both applications prior to Planning Commission.
This 1.7± acre site is currently wooded. It is located some 660+ feet off of
Pleasant Grove Road and is adjacent to Nowlin Creek. The treatment plant is
indicated as being located near the center of the site. An area within the site will
be cleared and filled to accommodate the treatment plant. A wooded buffer will
be retained around the perimeter of the site. The compound containing the
treatment plant will be enclosed with security fencing.
The proposed wastewater treatment plant (WWTP) has been approved by the
Arkansas Department of Health. The applicant has provided documentation from
the Arkansas Department of Environmental Quality establishing the discharge
limits for the WWTP. The applicant states that ADEQ has reviewed the WWTP
and indicated that a construction and discharge permit will be issued once the
City approves a conditional use permit.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
7
The applicant has submitted the following description of the operation of the
WWTP:
In operation, all flow enters the first compartment of the ISAM where influent
solids are allowed to settle much like a primary clarifier. The first compartment is
a constant level basin with a baffled inlet and outlet. This basin helps with solids
removal. When a gallon enters the reactor a gallon overflows out an underflow
baffle to the next reactor which is the surge basin. This basin provides both
organic and hydraulic load equalization. Actived sludge bacteria is maintained in
the surge basin to immediately react with incoming flow to initiate and accelerate
carbon and nitrogen reactions. From the surge basin, liquid is pumped to the
sequencing batch reactor (SBR) basin in one complete batch in several minutes,
thereby reducing the volume in the surge basin to allow additional equalization
storage capacity. The liquid from the surge basin is pumped to the SBR through
the jet aspirating nozzle assembly to provide the required oxygen in the SBR for
BOD and ammonia removal. A 100% stand by in place SBR feed/mix pump and
jet aspirating nozzle is included for redundancy. After the SBR is filled, aeration
and mixing continues as required until the surge tank has filled to a level to allow
another batch to be treated. Once this level is reached, the contents of the SBR
settle in a quiescent condition for a predetermined time with no new flow entering
the SBR. After the bacteria settle, the top approximately 25% of the SBR basin
which is well above the sludge blanket level in the SBR is decanted to the
chlorine contact tank through an air operated decanting device. As soon as
decanting starts, chlorine is fed into the chlorine contact tank. The contents of the
chlorine contact tank flow through a series of baffles to the overflow in the
chlorine contact tank to the final outfall. As soon as decanting is completed, the
cycle repeats.
Information submitted by the applicant indicates the basins or tanks are located
underground with minimal equipment and venting located above grade.
There are no blowers associated with the process which is the loudest part of a
WWTP. All oxygen comes from atmospheric air and is induced through a venturi
effect where air is pulled into a pipe. Noise is minimal. dB rating at 3’ from the
aspirator opening is estimated at approximately 60 to 65 dB which is the typical
noise of a conversation from 3 to 5 feet away. The tank is completely covered so
the aspirating noise is further mitigated.
The WWTP will be managed by a licensed operator that is hired by the
developer. Once the project is built out, the property owners association will
take over the responsibility of hiring the operator. ADEQ will require a licensed
operator and monthly reports. The plan will always be under the management
of a licensed operator. This requirement will be incorporated into the Bill of
Assurance. Sewer fees will be collected from each property owner on a monthly
basis by either the POA or a Property Owners District.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
8
STAFF RECOMMENDATION:
Staff is continuing to review the issue. Staff’s recommendation is forthcoming.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicants were present. There were many people present in opposition.
Approximately 30 e-mails of opposition had been received by staff and forwarded
to the commissioners. Staff presented the item and read the following statement
and recommendation:
Staff has given a great deal of thought to this conditional use permit to allow a
private wastewater treatment plant adjacent to Nowlin Creek in the City’s
Extraterritorial Zoning Jurisdiction. We met as staff on several occasions,
including one meeting with senior staff of the State of Arkansas Department of
Environmental Quality. We have taken into consideration the thoughts and
considerations expressed in the many e-mails and letters of concern and
opposition which we received and forwarded to the Commissioners.
The Code states the Planning Commission is to consider the appropriateness of
the proposed conditional use. The Commission is to conduct a detailed review of
the conditional use’s compatibility with the area and the specific treatment of
screening, landscaping and other amenities provided to protect the integrity of
the neighborhood.
The commission is to use its discretion when determining the appropriateness of
the Conditional use development standards and review guidelines, including but
not limited to:
1. The proposed use is so designed, located and proposed to be operated
that the public health, safety and welfare will be protected.
2. The proposed land use is compatible with and will not adversely affect
other properties in the area where it is proposed to be located.
Staff believes that the proposed private wastewater treatment facility is not
compatible with the other properties in the area, staff believes the proposed use
will negatively impact other properties in the area. Based on discussions with
individuals at the state level who would ultimately be charged with monitoring the
WWTP, staff has concerns that the long-term public health, safety and welfare
may not be protected.
Additionally, staff does not support as a matter of policy, the addition of a large
scale, urban residential subdivision in this area. Approving the proposed WWTP
is the first step toward allowing the subdivision. Staff believes the proposed
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
9
111 lot subdivision which has been filed for the August 11 PC agenda is a classic
case of urban sprawl. The proposed development is located over 2 miles from
the City limits and is about 1/3 mile from the western edge of the City’s
extraterritorial jurisdiction; essentially “leap-frogging” over two miles of rural
development and undeveloped lands to construct an urban residential
development. Such a development is better suited for construction within the city
limits or at the very least adjacent to the city limits where annexation is a
reasonable expectation.
Staff recommends denial of the requested CUP.
Attorney Philip Kaplan addressed the commission on behalf of the applicant. He
presented a map indicating the locations of other wastewater treatment plants
(WWTP) in west Pulaski County. He showed a copy of the Arkansas Department
of Health approval and the conditional approval from ADEQ. Mr. Kaplan showed
a map indicating the nearest residences being 550-1000 feet from the proposed
WWWT site. He said the WWTP site would be surrounded by trees and there
would be no odor and no sound. Mr. Kaplan stated an improvement district
would be formed to assure continued funding for maintenance of the WWTP.
Mr. Kaplan stated ADEQ was prepared to issue their final approval and was
only waiting on the city’s approval of the CUP. He presented am aerial
photograph showing the proximity of the similar facilities at Alotian and
Waterview. Mr. Kaplan stated the discharge from the WWTP would be cleaner
than the run-off currently entering Nowlin Creek. He sated the amount of
discharge was 30,000 gal/day not 40,000. Mr. Kaplan stated the WWTP would
be monitored by ADEQ and maintenance would be provided by the same
operator who maintains the Alotian and Waterview WWTP’s. Mr. Kaplan stated
the “elephant in the room” was opposition to development by residents of the
area who want the area to remain the same. He asked how the city could deny
the CUP when there are so many WWTP’s in the county and general area.
Mr. Kaplan stated development has continued to move west and this area will
likely be annexed into the city at some point.
Dr. Harold Hedges, of 8201 Hood road, addressed the commission. He
presented a jar of water which he said had been taken from just below the
Alotian WWTP discharge point into Nowlin Creek. He showed a photograph
indicating an algae bloom at Alotian and described the possible ecological impact
of the WWTP on Nowlin Creek. He said Nowlin Creek was not a free-flowing
stream and another discharge into the creek was not needed.
Bruce Shackleford, an environmental engineer, addressed the commission. He
acknowledged there will likely be growth in the area but the questions was how
that growth occurred. He questioned the appropriateness of discharging into a
creek that is dry in the summer, Mr. Shackleford said these types of systems
work, in theory, but there are disadvantages, concerns and issues.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
10
Drew Kelso, representing the Citizens of West Pulaski County and the Nowlin
Creek Neighborhood Association, addressed the commission. He said the
residents of the area were not against development, they just wanted good,
compatible development. He referenced a resolution passed by the Pulaski
County Quorum Court asking the city and its agencies to delay acting on any
proposed residential developments in the ETJ of a density such that a WWTP is
necessary. He commented that many of the WWTP’s referenced by Mr. Kaplan
were for individual users, not similar in scope to this proposal. He listed reasons
not to approve the CUP; including the discharge flowing into the Little Maumelle
which flows through several parks, concerns about the cumulative effect of many
WWTP’s, concerns about the plant failing, not a good history of ADEQ
enforcement when there are violations and inadequate mechanisms being in
place to insure continued maintenance if the state has to step in and take over.
Mr. Kelso said subdivision-owned and operated WWTP’s are not appropriate.
Philip Kaplan responded that many of the issues raised by the opponents were
best addressed by the project engineers. He stated there would be an on-site
generator to assure continued power, the WWTP would be designed and
operated in compliance with applicable regulations and those agencies
responsible for these types of plants have approved this one. Mr. Kaplan said it
was likely that at some time in the future, Little Rock sewer will be out to this
point. He said he had not heard the opponents say this plant was bad, just that
other plants had failed.
Engineer Joe White addressed staff’s concern with “leap-frogging” development.
He stated that was how Little Rock had grown in the past. Mr. White said
shutting this proposal down would stymie growth.
Engineer Doug Ford responded to the opponents’ statement that the creek was
dry in the summer. He said ADEQ takes all that into consideration when
establishing discharge limits. He said this plant would have very little discharge
into Nowlin Creek.
Commissioner Laha said he felt the area residents were selfish in that they
moved out here and do not want others to come. He said he had designed and
built some of these same plants. Mr. Laha said the plants are monitored by
licensed operators and the state. He encouraged the developers to bring their
development out to SW Little Rock.
Commissioner Bubbus said there was an enforcement problem and the potential
risk to rivers and streams was too great.
Commissioner May commented that his comfort level with any private WWTP
was less that with a municipal plant.
July 14, 2016
ITEM NO.: 6 (Cont.) FILE NO.: Z-8170-C
11
After some brief comments among the commissioners regarding the cumulative
effect of WWTP’s, a motion was made to approve the CUP with all staff
comments and conditions, except the recommendation of denial. The vote was
1 aye, 9 noes and 1 absent. The CUP was denied.
July 14, 2016
ITEM NO.: 7 FILE NO.: Z-9143
NAME: Savvy Kids Learning Center Day Care –
Conditional Use Permit
LOCATION: 6724 West 32 nd Street
OWNER/APPLICANT: Anthony and Lynette Lemons
PROPOSAL: A conditional use permit is requested to allow a day
care center to operate within a portion of the existing
church building located on this R-2 zoned property.
1. SITE LOCATION:
The site is located on the northeast corner of West 32 nd and S. Bryant
Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The proposal is for a small day care operation to locate within this existing
church. The church has been a part of this neighborhood for many years
and no changes to the building or site are proposed. Although most of the
surrounding properties are occupied by single family homes, there are
other institutional and nonresidential uses in the immediate vicinity.
Another church is located 2 blocks to the north. A large LRSD campus
occupies the property to the south. The LRSD property contains two
schools and the District’s maintenance facilities. A day care and a beauty
salon are located across the intersection to the southwest. The proposed
use is compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the College Terrace and University District
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The proposed day care will have 3 employees with a maximum of
25 children. The parking requirement is 1 space per employee and 1 space
for every 10 children. A total of 5 spaces are required. The property
contains paved parking for 42 vehicles. The day care will operate during
days and hours when it will not interfere with the parking needs of the
church.
July 14, 2016
ITEM NO.: 7 (Cont.) FILE NO.: Z-9143
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that Bryant Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
2. W. 32nd is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline will be required.
3. A 20 feet radial dedication of right-of-way is required at the intersection
of Bryant St. and W. 32nd St.
4. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the private improvements located in the right-of-way.
5. With future development or expansion of the church property, the head
in parking of the Bryant St. right-of-way will be required to be closed
and modified to a 26 ft. wide driveway.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Electrical service is
already provided to the site and the existing structure. Contact Entergy in
advance should service requirements for this location change in the future.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
Fire Department: No comments.
Building Codes: This is a change in occupancy type for this structure and
is therefore subject to full commercial plan review and approval prior to
occupancy. This facility must meet 2012 Arkansas Fire Prevention Code
requirements. Evaluation of adjacent uses and required fire separations is
required. For information on submittal requirements and the review
process, contact a commercial plans examiner:
July 14, 2016
ITEM NO.: 7 (Cont.) FILE NO.: Z-9143
3
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org .
County Planning: No comments.
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicants were present. Staff presented the item and noted little additional
information was needed. The applicants stated days and hours of operation
would be 7:00 a.m. to 5:30 p.m., Monday through Friday and there would be no
new signage added to the site. The applicants stated a small playground would
be provided adjacent to the northeast corner of the building.
Public Works Comments were presented. The requirement to dedicate right-of-
way as required by the Master Street Plan was discussed at length. The
applicants indicated they were not sure that they would agree to the dedication.
Staff stated the applicants needed to decide and the Planning Commission would
take that into consideration at the public hearing.
Other Agency Comments were noted. The Committee forwarded the item to the
full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 6724 West 32 nd Street is occupied by a
one-story church building and a 42 vehicle, paved parking lot. The church has
existed at this site for many years. A conditional use permit is now being
requested to allow for the addition of a small day care center to utilize a portion
of the existing church building. The day care will serve up to 25 infants and
toddlers. The day care is to be operated as an extension of the Savvy Kids Day
Care located across the intersection.
The day care is proposed to occupy approximately 1,500 square feet of the
building. Days and hours of operation are to be Monday through Friday, 7:00 a.m.
to 5:30 p.m. The day care will have 3 employees. The church has an existing
ground-mounted sign. No signage is proposed for the day care since it is in fact an
extension of the day care across the intersection. A small playground area with
movable playground pieces will be created on a portion of the parking lot on the
east side of the church building.
July 14, 2016
ITEM NO.: 7 (Cont.) FILE NO.: Z-9143
4
Staff is supportive of the proposed CUP to allow the day care. The property is
located at a node containing several institutional and nonresidential uses. The
addition of this small day care operation within a portion of the existing church
appears to be an appropriate use. The 1912 plat – bill of assurance does not
address use issues.
The outstanding issue concerns the matter of required right-of-way dedication.
Public Works staff has made note of the requirement to dedicate right-of-way to
30 feet from centerline on both West 32 nd and Bryant Streets and to dedicate a
20 foot radius at the intersection of Bryant and West 32 nd Street. The applicants
have stated they do not wish to dedicate the right-of-way and are requesting a
waiver of that requirement.
They have voiced opposition on two fronts. The first being their contention that
the requirement to dedicate the right-of-way is an unfair exaction for the use
being requested. The second is their concern that the dedication would result in
a portion of the existing parking spaces being located in the new right-of-way.
Staff is not supportive of the requested waiver. Section 1A of the City’s Master
Street Plan “Authority, Jurisdiction and Enforcement” begins as follows:
Any subdivider of land or applicant for rezoning, variance,
conditional use permit, site plan or a building permit (herein referred
to as applicant) review within the official planning area of the City
shall conform to the Plan by indicating on any plats, drawings or
surveys submitted to the city for its review, any street identified in
the Plan which traverses or abuts the said property. Applicants for
site plan review and building permit are not required to dedicate or
construct any bicycle path or route as described in the Plan.
Where the said property abuts a street included in the Plan, the
property owner shall dedicate one half of the required right-of-way
as established in the Plan.
Additionally, staff has stated that the parking and ground-sign can remain as
located today with the issuance of a franchise permit.
It appears that approximately 5 feet of dedication may be required for West 32 nd
Street, as much as 10 feet for Bryant Street and the radial dedication is needed.
July 14, 2016
ITEM NO.: 7 (Cont.) FILE NO.: Z-9143
5
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Sections 5 and 6 of the agenda staff report.
Staff recommends denial of the requested waiver of required right-of-way
dedication.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicants were present. There were no objectors present. Staff presented
the item and a recommendation of approval of the CUP to allow the daycare.
Staff recommended denial of the requested waiver of right-of-way dedication.
Mike Hood, Public Works Civil Engineering Manager, discussed the need for the
right-of-way. He presented photographs of the street, indicating the right-of-way
as being substandard. He said it was good policy to have adequate right-of-way
and street width. Mr. Hood said the right-of-way included the franchised area for
utilities. He said the city would franchise any on-site improvements that would be
in the dedicated right-of-way, including the sign and parking.
Mr. and Mrs. Lemons addressed the commission and stated they would lose the
parking along the Bryant Street perimeter of their property if ten (10) feet of right-
of-way was dedicated. Mr. Lemons stated he felt the requirement was unfair and
would result in the loss of property value.
Commissioner Hamilton asked if there were examples where right-of-way was
dedicated and later street improvements were made that created an impact of
the property. Mr. Hood responded that there were. He said this site was
non-conforming in all ways and the commission must decide if it is appropriate
to grant the waiver.
There was a general discussion of options and effects.
Commissioner Bubbas stated he felt the requirement was unfair and he would
support a lesser dedication requirement.
Commissioner May commented that approval of the CUP would allow for an
increase in business and money and the applicants needed to dedicate the right-
of-way.
Mrs. Lemons reiterated her opposition to the requirement. In response to a
question from Commissioner Finney, Mrs. Lemons said they had owned the
property for about six (6) month.
July 14, 2016
ITEM NO.: 7 (Cont.) FILE NO.: Z-9143
6
Commissioner Latture called the question.
A motion was made to approve the CUP, including all staff comments and
conditions. The motion passed with a vote of 10 ayes, 0 noes and 1 absent.
A motion was made to approve the requested waiver of right-of-way dedication.
The vote was 0 ayes, 10 noes and 1 absent.
A couple of commissioners commented that they were unsure of their vote.
A motion was made to expunge the previous vote on the waiver request. That
vote on expungement was 9 ayes, 1 noe and 1 absent.
A motion was again made to approve the requested waiver of right-of-way
dedication. The vote was 4 ayes, 6 noes and 1 absent. The motion failed.
July 14, 2016
ITEM NO.: 8 FILE NO.: Z-9144
NAME: Movie Tavern Theater – Conditional Use Permit
LOCATION: 11300 Bass Pro Parkway
OWNER/APPLICANT: Gateway Creek, LLC/McGetrick and McGetrick, Inc.
PROPOSAL: A conditional use permit is requested to allow for the
construction of a multiscreen movie theater on this
C-4 zoned; 6.45 acre tract.
1. SITE LOCATION:
The site is located in the Gateway Town Center, west of the Outlet Mall
and Bass Pro, at I-430 and I-30.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the newly developing Gateway Town
Center. Uses in the center include the Outlet Mall, Bass Pro, Dave and
Buster’s, Cavender’s and other retail uses. A new hotel is proposed to be
developed adjacent to this site. The OS zoned property adjacent to the
west is owned by the Arkansas Game and Fish Foundation. The
proposed use is compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress
Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The theater will have 11 screens with approximately 1,100 seats. The
parking requirement for a theater is 1 space for every 5 seats. This theater
requires 220 parking spaces. 368 parking spaces are being proposed;
1 space for every 3 seats. This will also accommodate the theater’s
employees and is likely a better number of parking spaces.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
A perimeter planting strip is required along any side of a vehicular use
area that abuts adjoining property or the right-of-way of any street. This
July 14, 2016
ITEM NO.: 8 (Cont.) FILE NO.: Z-9144
2
strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs
or vines shall be planted for every thirty (30) linear feet of perimeter
planting strip. The southwest perimeter planting strip is deficient.
A land use buffer six (6) percent of the average width / depth of the lot will
be required when an adjacent property has a dissimilar use of a more
restrictive nature. The property to the west is zoned OS. As a component
of all land use buffer requirements, opaque screening, whether a fence or
other device, a minimum of six (6) feet in height shall be required upon the
property line side of the buffer.
A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement.
The plantings, existing and purposed, shall be provided within the
landscape ordinance of the city, section 15-102.
Note: In those instances where a development site abuts a permanent
public open space and where at least one hundred (100) feet of undisturbed
natural foliage exists along the common lot line, the buffer requirement
(width) along the common property line may be reduced to the minimum
landscaping and screening required by the landscape ordinance. Activity
areas on the development site along the common line shall be screened as
noted above.
Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the
parking area(s). For developments with more than one hundred fifty
(150) parking spaces the minimum size of an interior landscape area shall
be three hundred (300) square feet. Interior islands must be a minimum
of seven and one half (7 1/2) feet in width. Trees shall be included in the
interior landscape areas at the rate of one (1) tree for every twelve
(12) parking spaces.
Building landscape areas shall be provided between the vehicular use
area used for public parking and the general vicinity of the building. These
shall be provided at the rate equivalent to planter strip three (3) feet wide
along the vehicular use area. One (1) tree and four (4) shrubs shall be
planted in the building landscape areas for each forty (40) linear feet of
vehicular use area abutting the building.
An irrigation system shall be required for developments of one (1) acre or
larger.
The development of two (2) acres or more requires the landscape plan to
be stamped with the seal of a Registered Landscape Architect.
July 14, 2016
ITEM NO.: 8 (Cont.) FILE NO.: Z-9144
3
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
5. PUBLIC WORKS:
1. Sidewalks with appropriate handicap ramps are required in accordance
with Sec. 31-175 of the Little Rock Code and the Master Street Plan to
be constructed on both sides of the 60 ft. access easement.
2. Safe pedestrian access should be provided on the storefront from the
public sidewalk.
3. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
4. A grading permit in accordance with section 29-186 (c & (d) will be
required prior to any land clearing or grading activities at the site.
Other than residential subdivisions, site grading and drainage plans
must be submitted and approved prior to the start of construction.
5. If disturbed area is 1 or more acres, obtain a NPDES storm water
permit form the Arkansas Department of Environmental Quality prior to
the start of construction.
6. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction
site shall be repaired by the responsible party prior to issuance of a
certificate of occupancy.
7. Prior to this development; a traffic study, conducted for the Outlet Mall,
showed several turn movements at the intersection of Bass Pro
Parkway, Otter Creek, Mabelvale West Road, and I-30 frontage road
ramp to function at a LOS F or less. It is believed future development
accessing this intersection will further worsen the condition.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer main extension required with easements if
new sewer service is required for this project. EAD Approval required if
food prep is done on-site.
Entergy: Entergy does not object to this proposal. A three phase
underground power line runs along Bass Pro Parkway to the south of this
proposed project. There do not appear to be any existing conflicts with
Entergy facilities on this property. Contact Entergy in advance to discuss
future service requirements, new facilities locations and adjustments to
existing facilities (if any) as this project proceeds.
July 14, 2016
ITEM NO.: 8 (Cont.) FILE NO.: Z-9144
4
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
A water main extension will be needed to provide water service to this
property.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water's
material and construction specifications and installation will be inspected
by an engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line Agreement is required.
Fire sprinkler systems which do not contain additives such as antifreeze
shall be isolated with a double detector check valve assembly. If additives
are used, a reduced pressure zone backflow preventer shall be required.
July 14, 2016
ITEM NO.: 8 (Cont.) FILE NO.: Z-9144
5
This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
Fire Department: Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant . Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade . Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
Building Codes: Project is subject to full commercial plan review and
approval prior to issuance of a building permit. For information on
submittal requirements and the review process, contact a commercial
plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Mark Alderfer at 501.371.4875; malderfer@littlerock.org .
July 14, 2016
ITEM NO.: 8 (Cont.) FILE NO.: Z-9144
6
County Planning: No comments.
Rock Region METRO: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016)
The applicant was present. Staff presented the item and noted some additional
information was needed. The applicant was asked to provide a signage plan,
dumpster location and screening, any proposed fencing and a site lighting plan.
The applicant was asked to provide information on the exterior finish of the
building. Staff asked that pedestrian connectivity through the site and connecting
to the shopping center’s sidewalk network be provided.
Public Works Comments were noted and discussed.
Other Agency Comments were presented.
The applicant was advised to provide responses to staff issues by June 29, 2016.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow for the construction of an
11 screen movie theater on this undeveloped, C-4 zoned, 6.45 acre tract. The
property is located within the newly developing Gateway Town Center at I-430
and I-30. The proposed Movie Tavern Theater blends the traditional movie-going
experience with a variety of food and beverage options, including in-theater food
and beverage service.
The proposed theater will contain 11 screens with approximately 1,100 seats.
Hours of operation are proposed as 9:00 a.m. to 3:00 a.m., seven days a week.
The number of employees will be 150-200. The building will have an exterior of
tilt-up concrete, brick and EIFS panels. Signage will consist of wall signs on the
front and side facades and a ground sign on-site meeting commercial district
standards. There is a possibility that the ground sign may be moved to the front
of one of the lots abutting Bass Pro Parkway and converted to a retail
development sign for the larger commercial development.
The applicant did submit responses to the questions raised at Subdivision
Committee. The dumpster location and required screening (8 foot tall concrete
block wall) have been shown at the rear of the building. All site lighting will be
low-level and directional, shielded downward and into the site. No fencing is
proposed. A six foot wide pedestrian sidewalk has been indicated from the front
July 14, 2016
ITEM NO.: 8 (Cont.) FILE NO.: Z-9144
7
of the building and through the parking lot to connect, through the cross access
easement, with the sidewalk on Bass Pro Parkway. Through the theater parking
lot, the sidewalk is located within a raised and protected island.
A variance is requested to allow for the building height to exceed the C-4
maximum height of 35 feet. The proposed building will have a height of 42+ feet.
Across the front of the building a series of parapets will increase in height from
45.5 feet to 49 feet to 53.5 feet culminating in a central tower element with a
height of 65 feet. Staff supports the height variance. A variance was approved
on June 27, 2016 to allow a proposed hotel on the adjacent tract to have a
similar height. The theater sits well off the public street, behind two lots that will
eventually be developed.
To staff’s knowledge, there are no outstanding issues. There is currently no bill
of assurance for this site. One will be prepared at the time of final-platting.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Section 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of the requested building height variance.
PLANNING COMMISSION ACTION: (JULY 14, 2016)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as 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, including all staff comments and
conditions. The vote was 10 ayes, 0 noes and 1 absent.
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July 14, 2016
There being no further business before the Commission, the meeting
was adjourned at 5:49 p.m.
Date'—
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