pc_12 17 2015
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
DECEMBER 17, 2015
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Jennifer Martinez Belt
Craig Berry
Alan Bubbus
Buelah Bynum
Keith Cox
Janet Dillon
Rebecca Finney
Scott Hamilton
Troy Laha
Paul Latture
Bill May
Members Absent: None
City Attorney: Shawn Overton
III. Approval of the Minutes of the November 5, 2015 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
DECEMBER 17, 2015
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-9073 eStem Public Charter School High School –
Conditional Use Permit
North side of the 5500 and 5600 Blocks of West 28th
Street
B. LA-0066 Yarberry Lane Timber Harvest Variance
7326 Yarberry Lane
C. LU15-19-02 A Land Use Plan Amendment in the Chenal Planning
District located West of Northwest corner of Chenal
Parkway and Rahling Road from Residential Low
Density and Park/Open Space to Office and
Park/Open Space.
C.1. Z-5936-N Rezoning from R-2 and OS to O-2 and OS
West of the Northwest corner of Chenal Parkway and
Rahling Road
D. Z-9089 Phoenix Recovery Parolee/Probation Housing Facility
– Special Use Permit
104 N. Battery Street
E. Z-9087 #1 Orlé Circle Accessory Dwelling – Conditional Use
Permit
#1 Orlé Circle
F. Z-4765-D Chenal Road Self Storage Long-form PD-C, located on
the East side of Autumn Road, just North Barnes and
Noble.
G. Z-9006-A Hounds Lounge Pet Resort and Spa Revised Short-
form PCD, located at 1711 Rebsamen Park Road.
Agenda, Page Two
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-9096 Rezoning from R-2 to O-3
3800 Woodland Heights Road
2. G-23-438-A Rose Street – Right-of-Way Abandonment
Between N. Lookout Road and Kenyon Street
December 17, 2015
ITEM NO.: A FILE NO.: Z-9073
NAME: eStem Public School High School – Conditional Use
Permit
LOCATION: North side of the 5500 and 5600 Blocks of
West 28th Street
OWNER/APPLICANT: Board of Trustees of the University of Arkansas/eStem
PROPOSAL: A conditional use permit is requested to allow for the
construction of a public charter school high school on
this R-3 zoned site.
1. SITE LOCATION:
The site is located at the side of the 5500 and 5600 Blocks of West 28th
Street, between Fair Park Blvd. and S. University Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The proposed school is located at the north edge of the UALR campus
and will, for all intents and purposes, function as an extension of the
college campus. Campus facilities and parking are located to the west
and south. A single family neighborhood extends to the north and east.
The eStem campus consists of the education building, a small amount of
on-site parking and limited outside use area. Staff believes the proposed
use could be compatible with uses in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site, the Curran Conway, Oak Forest Initiative and
Fair Park Residents Neighborhood Association and the University District.
3. ON SITE DRIVES AND PARKING:
The parking typically required for a high school is 6 spaces per classroom
plus one space for every teacher, employee and administrator. This
school is proposed to have 30 classrooms and 50 staff members resulting
in a parking requirement of 230 parking spaces. Six (6) on-site spaces
are proposed. The difficulty of applying the Ordinance Standards to a
charter school is that charter schools do not utilize school buses resulting
in many more vehicles dropping off and pick up students. This school
proposes to utilize a UALR parking lot located across Fillmore Street to
the west for drop-off and pickup of students. It had previously been
mentioned to staff that school employees will park in a UALR lot across
West 28th Street to the south. Public Works Traffic Engineering staff is
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
2
analyzing the traffic plan submitted by the applicant to determine its
feasibility.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
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.
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. The property is located in the City’s designated mature area.
A 25% reduction of the perimeter requirements is acceptable.
Landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the admin / rehab building,
excluding truck loading or service areas not open to public parking. These
areas shall be equal to an equivalent planter strip three (3) feet wide along
the vehicular use area.
An irrigation system shall be required for developments of one (1) acre
or larger.
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 COMMENTS:
1. W 28th St is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline or a sufficient
width to provide needed street improvements will be required.
2. S. Fillmore St is classified on the Master Street Plan as a commercial
street. A dedication of right-of-way 30 feet from centerline or a
sufficient width to provide needed street improvements will be required.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
3
3. W. 27th St. is classified on the Master Street Plan as a commercial
street. A dedication of right-of-way 30 feet from centerline or a
sufficient width to provide needed street improvements will be
required.
4. A 20 feet radial dedication of right-of-way is required at the intersection
of W. 28th St and S. Fillmore St.
5. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to W.
28th St including 5-foot sidewalks with planned development. The
new back of curb should be located to provide adequate street width
to address the proposed traffic impact. Based on the findings of the
traffic study, an EB left turn lane or WB right turn lane may be
required to be provided on W. 28th St into the vehicle stack area
west of S. Fillmore St. Consideration should be made to the driveway
locations on the south side of W. 28th St.
6. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
S. Fillmore St and W. 27th St. including 5-foot sidewalks with planned
development. The new back of curb
7. Submit a Traffic Impact Study for the proposed project. Study should
address trip generation, trip distribution, and vehicle stack for the
development and also should take into account existing and
projected traffic growth. Turn movement counts at the signalized
intersections should be included in the study.
8. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
9. Striped pedestrian crossings should be provided at planned crossing
locations.
10. 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.
11. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
12. Storm water detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
13. If disturbed area is 1 or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior
to the start of construction.
14. Street Improvement plans shall include signage and striping. Public
Works must approve completed plans prior to construction.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
4
15. Drainage easements should be maintained in the right-of-way to
convey storm water from adjacent property.
16. 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.
17. Prior to construction of retaining walls, an engineer's certification of
design and plans must be submitted to Public Works for approval.
After construction, an as-built certification is required for construction
of the retaining wall.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer easements must be retained until sewer
relocations are complete and new easements are dedicated.
Entergy: Entergy does not object to this conditional use. Overhead
facilities are in place along the south side of West 28th Street. Contact
Entergy in advance regarding future service requirements to the
development and future facilities locations as this project proceeds.
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.
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.
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.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
5
Contact Central Arkansas Water regarding the size and location of the
water meter.
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 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.
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.
Commercial and Industrial Developments – 2 means of access. -
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height.
Building or facilities exceeding 30 feet or three stories in height shall have
at least two means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and approved fire
apparatus access roads.
Exception: Projects having a gross building area of up to
124,000 square feet that have a single approved fire apparatus
access road when all building are equipped throughout with
approved automatic sprinkler systems.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
6
D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less than one
half of the length of the maximum overall diagonal dimension of the lot or
area to be served, measured in a straight line between accesses.
30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1
Section D105.1 – D105.4
D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved aerial fire
apparatus access roads shall be provided. For the purposes of this section
the highest roof surfaces shall be determined by measurement to the eave
of a pitched roof, the intersection of a roof to the exterior wall, or the top of
the parapet walls, whichever is greater.
D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of 15 feet
and a maximum of 30 feet from the building, and shall be positioned
parallel to one entire side of the building. The side of the building on which
the aerial fire apparatus access road is positioned shall be approved by
the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the aerial
fire apparatus road and the building. Other obstructions shall be permitted
to be places with the approval of the fire code official.
Gates
Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire
apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allows manual
operation by one person.
4. Gate components shall be maintained in an operable condition
at all times and replaces or repaired when defective.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
7
5. Electric gates shall be equipped with a means of opening the
gate by fire department personnel for emergency access.
Emergency opening devices shall be approved by the fire code
official.
6. Manual opening gates shall not be locked with a padlock or
chain and padlock unless they are capable of being opened by
means of forcible entry tools or when a key box containing the
keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval \by
the fire code official
8. Electric gate operators, where provided, shall be listed in
accordance with UL 325.
9. Gates, intended for automatic operation shall be designed,
constructed and installed to comply with requirements of ASTM
F 2200.
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: No comment.
Rock Region METRO:
The area is currently served by METRO at Fair Park Boulevard and 28th
Street adjacent to the location indicated. We have no objections to the
location of a school in this area.
One concern with the plan presented is that the sidewalks do not provide
a contiguous pedestrian way around the newly created block. We wish to
encourage students to walk and take transit to school.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
8
E-Stem students are currently served by METRO at their location in
downtown Little Rock. We already partner with E-Stem to provide rides to
school for students and would continue to do so. Bus service at this
location provides a bridge for students between the two campuses via
UALR – Route 16. Sidewalks are an important component with in the
streetscape serving transit and multi-modal transportation.
METRO has plans to continue to serve the campus and plan to provide
service enhancements.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 2, 2015)
The applicants, including representatives of eStem and UALR, were present.
Staff presented the item and noted much additional information was needed.
Staff presented the following list of comments:
1. Provide a copy of the Bill of Assurance for Cherry and Cox Addition.
2. Provide in writing the total number of classrooms by grade, the number of
students and the number of employees.
3. Provide information on the proposed building; height, materials, roof…
4. Locate mechanical equipment and screening.
5. Provide details of dumpsters screening to comply with Code, dumpster pick-
up should be limited to normal business hours (6:00 a.m. – 6:00 p.m.).
6. Locate and describe all proposed fencing.
7. Provide signage plan.
8. Label building setbacks from property lines.
9. Describe use of outdoor recreation area.
10. Provide lighting plan; should low-level and directional, aimed downward and
into the site.
11. Provide parking, drop-off/pick-up plan.
12. Will the building contain a gymnasium or cafeteria?
13. Will there be activities at the site after normal school hours?
It was noted that parking and building setback variances were needed.
Public Works Comments were presented and discussed at length. Staff
emphasized the need for a traffic study and the applicants responded that one
was being done. The applicants commented that they had previously met with
staff and the comments were as expected and previously discussed.
Landscaping, Fire Department and Other Agency Comments were noted.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
9
The applicants were advised to submit responses to those issues raised by
Planning Staff by September 9, 2015. They were advised to work with Public
Works and Traffic Engineering on their comments, including completion and
submittal of the traffic study.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
eStem Public Charter Schools, Inc. proposes to construct an open enrollment
public charter high school on the property located on the north side of West 28th
Street, between Fair Park and Fillmore. The property is currently owned by
UALR and the high school will function somewhat as an extension of the college
campus. This proposed new building is to accommodate students in 9th and
10th grades. Students in grades 11 and 12 will attend classes in refurbished
buildings located elsewhere on the UALR campus.
This proposed building is to house 750 students in 15 classrooms per grade
(30 total) with 50 employees. The building will be 3 stories in height and will
have an exterior finish of brick, glass and metal panels. Once right-of-way is
dedicated, the building will have a setback of 13’6” from the property line on
West 28th Street and 0’ from the property line on West 27th Street. New fencing
will consist of screening fencing along the property lines adjacent to the single
family residential properties located at the northwest and northeast corners of
the site. A small outdoor recreation area is located on the east side of the
building. The area will be a mix of hardscape plaza and grass lawn. A
basketball goal will be provided. The building will have a large multipurpose
room that will provide convocation, recreation and dining opportunities. There
will be no kitchen built as part of the project; all food will be catered. As with a
typical high school, there will be some afterhours events for parents, student
organizations, etc. The frequency of such will vary throughout the year.
The mechanical equipment and dumpster are proposed to be located in a
screened area at the rear of the building. Dumpster pick-up will be limited to
6:00 a.m. to 6:00 p.m. Signage will comply with that allowed in office and
institutional zones as is typical for a school. All site lighting will be low-level
and directional, aimed downward and into the site. The 1907 plat/bill of
assurance for Cherry and Cox Addition does not address use issues.
The proposed plan results in the need for setback and street buffer variances
on the West 28th and West 27th Street frontages. Additionally, a variance is
needed to allow virtually all required parking to be off-site. Only 6 of the required
230 spaces are located on the school site.
December 17, 2015
ITEM NO.: A (Cont.) FILE NO.: Z-9073
10
The issue of greatest potential concern appears to be that of traffic, specifically
providing for the drop-off and pick-up of up to 750 students when no school bus
service is provided. The applicant proposes to utilize a UALR parking lot located
across Fillmore Street to the west for vehicle stacking and drop-off/pick-up of
students.
Staff is reviewing the plan submitted by the applicant and staff continues to work
with the applicant to address the issues. The matter is under consideration and
additional information will be presented to the Commission at the public hearing.
STAFF RECOMMENDATION:
Staff’s recommendation is forthcoming.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2015)
The applicant was present. There were no objectors present. Staff recommended
deferral of the item to the November 5, 2015 agenda to allow additional time to
review traffic issues. Staff informed the commission that the applicant had agreed
to the deferral. There was no further discussion. The item was placed on the
consent agenda and approved for deferral to the November 5, 2015 agenda by a
vote of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015)
The applicant was present. There were no objectors present. Staff informed the
commission that the applicant had recently submitted a traffic study but staff had
not had sufficient time to study it and prepare an adequate response. Staff
recommended deferring the item to the Dec. 17, 2015 agenda. The applicant had
agreed to the deferral. There was no further discussion. The item was placed on
the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and
0 absent.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
The applicants were not present. There were no objectors present. Staff
presented the item and informed the commission that the applicants had
requested deferral of the item on November 23, 2015. There was no further
discussion. The item was placed on the consent agenda and deferred to the
January 28, 2016 meeting with a vote of 10 ayes, 0 noes and 1 absent.
December 17, 2015
ITEM NO.: B FILE NO.: LA-0066
NAME: Yarberry Lane Timber Harvest Variance Request
LOCATION: 7326 Yarberry Lane
APPLICANT: Cynthia D. Woods
AREA: Approximately 11.5 acres
CURRENT ZONING: R2
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to harvest timber on approximately 11.5 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest timber on approximately 11.5 acres located at 7926 Yarberry Lane. The
variance would allow staff to issue a grading permit for the timber harvesting
activities without imminent construction.
B. EXISTING CONDITIONS:
The 11.5 acre property is tree covered. West of the subject property are
several properties zoned R2 and Chicot Road. South of the subject property is
developed properties zoned R2 and Yarberry Lane. North and east of the
subject property are several single family developed lots zoned R2.
C. NEIGHBORHOOD COMMENTS:
As of the time of writing, staff has not been provided proof of notifications being
mailed by the applicant to all adjacent property owners including those across
streets and alleys. As of the time of writing, staff has not received any telephone
calls or emails with questions or desiring additional information. Staff has
received 4 emails desiring the required undisturbed buffer to not be maintained.
D. ENGINEERING COMMENTS:
1. Harvest activities must comply with state and federal forestry harvest
techniques and code.
2. Tree tops and debris generated from the harvest activity must be removed at
the conclusion of harvest to reduce the potential fire hazard. Contact the
Little Rock Fire Department for conditions and additional requirements.
3. Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
December 17, 2015
ITEM NO.: B (Cont.) FILE NO.: LA-0066
2
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.
5. The harvest activities shall be expediently completed in a time frame not to
exceed one (1) year in duration from the time work commences to installation
of all final erosion control measures and vegetation.
6. All required federal, state, and local permits and approvals shall be obtained
prior to commencement of land alteration activities.
7. Public works staff must be contacted for inspection for final approval of site
stabilization prior to acceptance and relinquishment of maintenance bond.
8. Per Sec. 29-179(5), undisturbed areas designated for temporary buffers shall
be kept undisturbed except for reasonable access to the site. The width of
the temporary buffer strip shall be 6% of the lot width and depth. The
minimum width shall be 25 ft. and the maximum required width shall not
exceed 40 ft. In no event shall these temporary strips be less than the width
of the permanent buffers required for the development. Label and delineate
undisturbed buffer areas on the harvest plan.
9. 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. PLANNING STAFF COMMENTS:
No comments
F. SUBDIVISION COMMITTEE:
The applicant was present. Staff presented an overview of the variance
application. Staff relayed to the applicant that only 4 properties sent requests
asking that the undisturbed buffer not be maintained. Since only a small number
of neighbors provided emails compared to the number of surrounding lots, staff
cannot recommend removal of the undisturbed buffers. There was no further
discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
G. ANALYSIS:
The applicant is proposing to harvest timber on approximately 11.5 acres. The
timber harvest plan identifies a mixture of pine and hardwood trees ranging from
6 inches in diameter to 22+ inches in diameter. The majority of trees show to be
6 inches in diameter. The principal species of trees identified were loblolly and
shortleaf pines and southern red oak, cherry bark oak, white oak, gum, and
hickory. The plan states generally stands with a range of size and age classes
that are overstocked will benefit from a selective harvest to market mature and
defective trees and others, as needed, to relieve overcrowded conditions.
December 17, 2015
ITEM NO.: B (Cont.) FILE NO.: LA-0066
3
The timber harvest plan identifies approximately 122 trees per acre consisting
specifically of approximately 48 pine and 74 hardwood trees per acre. The
applicant proposes to conduct a selective harvest removing the mature and
defective trees and leaving a sufficiently stocked stand for future growth while
removing no more than 50% of the growing stock.
The applicant has revised the timber harvest plan and agrees to maintain 25 ft.
undisturbed buffers along all property boundaries. Access to the property is
proposed to be taken from Yarberry Lane. The applicant has agreed to remove
all tree tops and debris generated from the project by either burning or hauling
off. The applicant has also agreed to obtain a grading permit prior to beginning
work. The applicant has agreed that the project will be completed in less than
1 year.
H. RECOMMENDATION:
Staff recommends approval of the timber harvest variance request subject to the
compliance with staff’s comments found in paragraph D along with the following
comments and conditions:
1. The undisturbed buffers at least 25 ft. in width should be marked on site with
paint and/flagging;
2. A grading permit should be obtained prior to the start of harvest;
3. Mud and debris tracked on Yarberry Lane should be removed immediately.
4. Any damages that occur to Yarberry Lane attributed to the timber harvest will
be repaired immediately.
I. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2015)
The applicant was not present. The applicant did not provide notice to the
adjacent property owners within 10 days prior to the item being heard by the
Planning Commission. Therefore, staff recommended the item be deferred to the
November 5, 2015 Planning Commission agenda. There was no further
discussion. The item was placed on the consent agenda for deferral to the
November 5, 2015 agenda. The item was deferred by the Planning Commission
by a vote of 9 ayes, 0 noes, and 2 absent.
PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015)
The applicant was not present. The applicant did not provide notice to the
adjacent property owners within 10 days prior to the item being heard by the
Planning Commission. Therefore, staff recommended the item be deferred to the
December 17, 2015 Planning Commission agenda. There was no further
discussion. The item was placed on the consent agenda for deferral to the
December 17, 2015 agenda. The item was deferred by the Planning
Commission by a vote of 11 ayes, 0 noes, and 0 absent.
December 17, 2015
ITEM NO.: B (Cont.) FILE NO.: LA-0066
4
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
Staff recommended the item be placed on consent approval. The item was
requested to be moved to regular agenda for discussion by Commission Troy
Laha. The item was presented by Mike Hood from Public Works staff with a
recommendation of approval. Mr. Hood stated the timber harvest plan met all
requirements.
Mr. Laha states the survey was incomplete and did not provide information such
as adjacent property information; utilities; the correct owner’s name; the survey
was prepared over 5 years ago; and several other items as required by the State
of Arkansas were missing. Mr. Hood stated there were no requirements in the
City code for the survey to be less than 5 years old. He said he could not
address the other items because staff usually did not check that information for a
timber harvest permit.
The Commission discussed the item and explained options to the applicant. The
options presented to the applicant by the Commission were: to continue with the
application as filed; to condition the approval of the application on a new survey
being prepared prior to issuance of a grading permit; or to defer the item to the
next agenda to provide time for another survey to be prepared.
The applicant, Ms. Cynthia Woods and her husband, stated the application had
been costly and they had been waiting for several months for a decision. The
applicant continued and stated the timber harvest contractor was waiting on the
Planning Commission approval to begin work. The applicant requested to
continue with the application as originally requested based on the survey as
presented.
There was no further discussion. A motion was made to approve the item as
presented by staff including all staff recommendations and comments in
paragraphs D and H of the agenda staff report. The item was approved by the
Planning Commission by a vote of 10 ayes, 1 no, and 0 absent.
December 17, 2015
ITEM NO.: C FILE NO.: LU15-19-02
Name: Land Use Plan Amendment – Chenal Planning District
Location: West of northwest corner of Chenal Parkway and Rahling Road
Request: Residential Low Density to Office
Source: Tim Daters, White Daters
The applicant has requested via letter on October 23, 2015 that the item be deferred to
the December 17, 2015 agenda.
The item was placed on the consent agenda for deferral to December 17, 2015. By
unanimous vote – 11 for, 0 against, the consent agenda was approved.
STAFF UPDATE:
Due to the inactivity of the applicant on the zoning item, Staff is recommending deferral
of this item to the January 28, 2016 hearing.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
The applicant requested to withdraw this item on December 16, 2015. The item was
placed on the consent agenda for withdrawal and was approved with a vote of 10 ayes,
0 noes and 1 absent.
December 17, 2015
ITEM NO.: C.1 FILE NO.: Z-5936-N
Owner: Deltic Timber Corporation
Applicant: Tim Daters, White-Daters and Associates
Location: West of the northwest corner of Chenal Parkway
and Rahling Road
Area: 16.73 Acres
Request: Rezone from R-2 and OS to O-2 and OS
Purpose: Future office development and open space
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Golf course and single family residences; zoned R-2 and MF-6
South – Floodway, single family residences and undeveloped property; zoned OS,
R-2 and POD
East – Undeveloped property, multifamily, office and commercial uses; zoned PD-R,
C-3, C-2 and O-3
West – Single family residences and golf course; zoned MF-18 and R-2
A. PUBLIC WORKS COMMENTS:
1. Proposed changes to the intersection of Founders Drive and Chenal Parkway
are not reviewed nor approved with approval of this application.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site were notified of the
public hearing. There was no established neighborhood association to notify.
December 17, 2015
ITEM NO.: C.1 (Cont.) FILE NO.: Z-5936-N
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use Plan
shows Residential Low Density (RL) for this property. Residential Low Density is
for single-family homes at densities no greater than six dwelling units per acre.
The applicant has applied for a rezoning from R-2 (Single-Family Residential) to
O-2 (Office and Institutional District) to allow for future office development of this
site. There is an accompanying item to amend the Land Use Plan to Office (O) –
Office allows services provided directly to consumers as well as general offices,
which support more basic economic activities.
Master Street Plan:
Chenal Parkway and Rahling Road are shown as a Principal Arterials on the
Master Street Plan. A Principal Arterial is to serve thorough traffic and to connect
major traffic generators or activity centers within the urbanized area. Entrances
and exits should be limited to minimize negative effects of traffic and pedestrians
on Chenal Parkway and Rahling Road since they are Arterials. These streets
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
BICYCLE PLAN:
A Class I Bike Path is shown both Chenal Parkway and Rahling Road. A Bike
Path is to be a paved path physically separate for the use of bicycles. Additional
right-of-way or an easement is recommended. Nine-foot paths are
recommended to allow for pedestrian use as well (replacing the sidewalk).
E. STAFF ANALYSIS:
Deltic Timber Corporation, owner of the 16.73 acre property located west of the
northwest corner of Chenal Parkway and Rahling Road, is requesting to rezone the
property from “R-2’ Single Family District and “OS” Open Space District to “O-2”
Office and Institutional District and “OS” Open Space District. The rezoning is
proposed to allow for future office development and open space. The areas of
rezoning are as follows:
Area 1 – R-2 to OS ( 1.92 acres)
Area 2 – R-2 to O-2 (13.35 acres)
Area 3 – OS to O-2 ( 1.04 acres)
Area 4 – OS to O-2 ( 0.42 acres)
December 17, 2015
ITEM NO.: C.1 (Cont.) FILE NO.: Z-5936-N
3
The property is currently undeveloped and mostly tree-covered. A golf course
and single family residences (zoned R-2 and MF-6) are located to the north.
Floodway, single family residences and undeveloped property (zoned OS, R-2
and POD) are located to the south. Undeveloped property, a bank and
multifamily development are located to the east (zoned C-3, O-3 and PD-R), with
a large commercial development (zoned C-2) across Rahling Road further east.
Single family residences and a golf course (zoned MF-18 and R-2) are located to
the west.
The City’s Future Land Use Plan designates this property as Residential Low
Density (RL) and Park/Open Space (PK/OS). A proposed Land Use Plan
Amendment to Office (O) and Park/Open Space (PK/OS) is a separate item on
this agenda.
Staff is supportive of the requested O-2 and OS rezoning. Staff views the request
as reasonable. Staff feels that the proposed rezoning represents an appropriate
land use pattern for this area. The request basically shifts the existing OS strip to
the north and west, adjacent to the existing Bretagne Circle single family
development and golf course. The OS strip will be widened to 100 feet adjacent to
the single family lots, and will be 50 feet in width adjacent to the golf course. The
proposed O-2 zoning provides for an adequate transition from the C-3 zoned
property along Rahling Road to the single family development and zoning to the
north and west. Staff believes rezoning this property to O-2 and OS will have no
adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-2 and OS rezoning.
PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015)
Staff informed the Commission that the applicant requested this application be deferred
to the December 17, 2015 agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the December 17, 2015
agenda. The vote was 11 ayes, 0 nays and 0 absent.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
Staff informed the Commission that the applicant requested this application be withdrawn.
Staff supported the withdrawal request.
December 17, 2015
ITEM NO.: C.1 (Cont.) FILE NO.: Z-5936-N
4
The item was placed on the Consent Agenda and withdrawn. The vote was 10 ayes,
0 nays and 1 absent.
December 17, 2015
ITEM NO.: D FILE NO.: Z-9089
Name: Phoenix Recovery Parolee/Probationer
Housing Facility – Special Use Permit
Location: 104 N. Battery Street
Owner: Capitol Development Co., LLC
Applicant: Matt Bell
Proposal: A Special Use Permit is requested to allow a
parolee/probationer housing facility to be
operated within the existing multifamily
development located on the R-5 zoned property
at 104 N. Battery Street.
STAFF UPDATE:
The applicant submitted a letter to staff on October 21, 2015 requesting this
application be deferred to the December 17, 2015 agenda. The applicant notes
that he will not be available to attend the November 5, 2015 meeting. Staff
supports the deferral request.
PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015)
Staff informed the Commission that the applicant requested this application be
deferred to the December 17, 2015 agenda. Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred to the December 17,
2015 agenda. The vote was 11 ayes, 0 nays and 0 absent.
STAFF UPDATE:
This application needs to be deferred to the January 28, 2016 agenda based
on the fact that the applicant did not complete the required notification to
surrounding property owners. Staff recommends deferral of the application.
December 17, 2015
ITEM NO.: D (Cont.) FILE NO.: Z-9089
2
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
Staff informed the Commission that the application needed to be deferred to the
January 28, 2016 agenda based on the fact that the applicant did not complete
the required notification to surrounding property owners. Staff supported deferral
of the application.
The item was placed on the Consent Agenda and deferred to the January 28,
2016 agenda. The vote was 10 ayes, 0 nays and 1 absent.
Moore. Monte 9D 9
From: Doug Barton <douglaskbarton @gmail.com>
Sent: Wednesday, November 25, 2015 9:12 AM
To: Moore, Monte; Director Webb; AR State Rep. Warwick Sabin; Countryman, Kathleen
Subject: CV5SNA resolution regarding Phoenix Recovery request for special use permit for
reentry
November 10, 2015
Little Rock Planning Commission
Attention: Monty Moore
723 W Markham St, Little Rock, AR 72201
RE: Capitol View Stifft Station Neighborhood Association resolution regarding Phoenix Recovery Center request for special use permit for
reentry
Dear Monty, at our November meeting of the Capitol View Stifft Station Neighborhood Association, we discussed the request by Phoenix
Recovery Center for a special use permit for reentry.
Concern was expressed regarding two issues. First, some folios feel that Phoenix Recovery has not forged a good relationship with the
neighborhood near their facility and did not listen to their concerns. And second, that women at the facility might not be
receiving adequate services from Phoenix.
So our neighborhood association passed a resolution that asking that the Planning Commission deny the request by Phoenix
Recovery for a special use permit for reentry.
Sincerely,
Doug Barton
President, Capitol View Stifft Station Neighborhood Association
DKB
December 17, 2015
ITEM NO.: E FILE NO.: Z-9087
NAME: #1 Orlé Circle – Accessory Dwelling
Conditional Use Permit
LOCATION: #1 Orlé Circle
OWNER/APPLICANT: Gene Schoonmaker/Byron Holmes
PROPOSAL: A conditional use permit is requested to allow an
accessory dwelling on this R-2 zoned lot.
1. SITE LOCATION:
The lot is located at the corner of Orlé Circle and Mornay Lane, in Chenal
Valley.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The Orlé Neighborhood is a gated neighborhood of large, single family
residences on private streets. Other homes in the neighborhood are
similar in that they utilize a port-cochere with an enclosed courtyard
parking area and garage access. In so much as the accessory dwelling
will only be used for family members and guests and not rented as a
separate dwelling, the proposed use should be compatible with the
neighborhood. A letter of approval from the Chenal Valley Architectural
Control Committee has been provided by the applicant.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the representative for Chenal Valley
Properties.
3. ON SITE DRIVES AND PARKING:
The principle dwelling and accessory dwelling each require one (1)
parking space. The proposed garage and driveway provide more than
required parking.
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS COMMENTS:
No comments.
December 17, 2015
ITEM NO.: E (Cont.) FILE NO.: Z-9087
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer available to this site.
Entergy: Entergy does not object to this proposal. This area is currently
served via an underground power line on the front of the lots. Entergy’s
records indicate that this lot is served by underground secondary cable on
the southeast corner of the lot. There do not appear to be any conflicts
with existing Entergy facilities. Contact Entergy in advance regarding
service connections as the project proceeds.
Centerpoint Energy: No comment received.
AT&T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
A Capital Investment Charge based on the size of 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.
Contact Central Arkansas Water regarding the size and location of the
water meter
Fire Department: No comment.
Building Codes: No comment.
County Planning: No comments received.
Rock Region METRO: Location is not currently served by Rock Region
METRO. No comments.
SUBDIVISION COMMITTEE COMMENT: (OCTOBER 14, 2015)
The applicant was present. Staff presented the item and noted little additional
information was needed. Staff requested a copy of the bill of assurance. The
applicant presented a letter of approval from the Chenal Valley Architectural
Control Committee.
Other Agency Comments were noted.
December 17, 2015
ITEM NO.: E (Cont.) FILE NO.: Z-9087
3
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of an accessory
dwelling to be built in connection with a new single family residence to be
located on the R-2 zoned lot at #1 Orlé Circle. Orlé is a gated community of
large single-family residences located in Chenal. The proposed accessory
dwelling is to be located in an accessory structure that is connected to the
principal dwelling by a port-cochere.
The accessory structure will contain a garage, storage and the accessory
dwelling. The accessory dwelling will be used by family members and guests of
the homeowners. The structure will be constructed of the same materials as
the principal dwelling and will give the appearance of only one structure, with a
porte-cochere providing access to a parking courtyard behind the residence.
Staff is not aware of any issues. The proposed construction is out of character
with other homes in this neighborhood. The Chenal Valley Architectural Control
Committee has approved the plans subject to some conditions. Those conditions
are particular to the ACC’s approval for this home and are not to be enforced by
the City.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Section 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015)
The applicant’s representative was present. There were no registered objectors
present. Staff informed the commission that, on November 4, 2015, the applicant
had requested deferral of the item to the December 17, 2015 meeting to allow
for time to address concerns that had been raised by neighbors. There was no
further discussion. A motion was made to waive the commission’s by-laws to
accept the late deferral request. That motion passed with a vote of 11 ayes,
0 noes and 0 absent. The item was then placed on the consent agenda and
approved for deferral to the December 17, 2015 meeting by a vote of 11 ayes,
0 noes and 0 absent.
December 17, 2015
ITEM NO.: E (Cont.) FILE NO.: Z-9087
4
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
The applicants were present. There were two persons present in opposition.
A letter of support from a neighborhood resident and the letter of conditional
approval form the Chenal Architectural Control Committee had been given to the
commissioners. A package from the opposition, including a petition signed by
many neighborhood residents, had also been given to the commissioners. Staff
presented the item and a recommendation of approval. Staff noted a
typographical error in the “staff analysis” and stated the proposed construction
was not out of character with other homes in the neighborhood.
Amy Bagnall, attorney representing the applicants, spoke in support of the
application. She stated the project had been vetted by the ACC pursuant to the
bill of assurance and the Orle neighborhood restrictions. She presented
photographs showing other homes in the neighborhood with similar design and
Porte cocheres. Ms. Bagnall noted that some of those homes had what
appeared to be two front doors. She stated there were many home in Chenal
that had guest homes and pool houses with second kitchens. She stated this
property would have one set of utilities, one mailbox and one address.
Ruth Bell, of the League of Women Votes of Pulaski County spoke in support.
She stated there were many homes in the Heights and Hillcrest neighborhoods
that had accessory dwellings. She stated the lifestyles of today are changed and
there was a need for this type of shared family living arrangement. Ms. Bell
stated accessory dwellings could be an asset to a neighborhood and the
community.
Byron Holmes, builder or the home, presented a rendering of the home.
Glen Thomas, of #2 Orle Circle, spoke in opposition. The presentation package
he had previously prepared had been distributed to the commissioners. He
stated he represented twenty-six home owners in the neighborhood who were
opposed to the accessory dwelling. He said the neighbors viewed this as a
duplex in a single family neighborhood. He described the construction as a
second house on the property. He said he wasn’t necessarily against the
accessory dwelling but he wanted to know how occupancy of the second
dwelling was going to be regulated in the future. Mr. Thomas said the property
would likely be sold in the future as a single family house with a rental unit. He
said there wasn’t anything like this elsewhere in the city.
Mr. Thomas then quoted from several sections of city code describing accessory
structures in general.
He again questioned how the city could enforce any provision that restricted the
structure from being rented. Mr. Thomas said other homes in the neighborhood
do not have anything that gives the appearance of a second home. He said the
December 17, 2015
ITEM NO.: E (Cont.) FILE NO.: Z-9087
5
opponents had suggested that the applicant eliminate the second front door and
porch. He questioned the building setbacks and stated other developers
throughout Chenal would follow suit and put second dwellings on single family
lots.
He read the definition of “family” from the city code and again said there could be
two families living on the lot. He voiced concern about increased traffic and
decreased property values.
Mr. Thomas closed by stating they wanted a compromise to eliminate the second
front door.
Amy Bagnall responded, stating: the structure is an accessory dwelling, the
structure is not a rental property and family members will live in it, any conditions
can be enforced by Chenal or the city, the structure fits with the neighborhood,
the applicant got or is getting all needed approvals, the traffic will not be out of
character for the neighborhood and if there was no second kitchen, there would
be no need for a CUP.
In response to questions from Commissioner Laha, Ms. Bagnall stated she did
not know the price of construction and there were 4-5 bedrooms total, counting
the principal dwelling and accessory dwelling.
During the ensuing discussion, staff explained the platting of the property and
how setbacks were determined and how the construction complied with all
provisions of the code. Staff also discussed what components were necessary to
make the structure a dwelling.
Commissioner May asked if there wasn’t a way to compromise by eliminating the
second front door. The applicant did not give a verbal response but indicated no.
Commissioner Latture commented that denial of the CUP would not change
anything about the construction or look of the project, other than there would not
be a kitchen in the accessory building.
There being no further discussion, a motion was made to approve the
application. The motion passed with a vote of 7 ayes, 4 noes and 0 absent.
December 17, 2015
ITEM NO.: F FILE NO.: Z-4765-D
NAME: Chenal Road Self Storage Long-form PD-C
LOCATION: Located on the East side of Autumn Road, just North of Barnes and Noble
DEVELOPER:
KOLP Irrevocable Trust, UTD
9800 Maumelle Boulevard
North Little Rock, AR 72113
ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 8.1459 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: O-2, Office and Institutional
ALLOWED USES: Office
PROPOSED ZONING: PD-C
PROPOSED USE: Self storage
VARIANCE/WAIVERS:
1. A variance from the City’s Land Alteration Ordinance to allow grading of the entire
site with the development of the first phase.
2. A variance from Section 30-41 and 31210 to allow the drive on Autumn Road
nearer the property line than typically allowed.
BACKGROUND:
The site was zoned O-2, Office and Institutional District on February 3, 1987, by the
adoption of Ordinance No. 15,240. The rezoning placed conditions on the approval. A
50-foot open space buffer was required along the northern and eastern perimeters of
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
2
the site. The zoning also placed a condition on the site that the building height was to
be limited to the O-3, General Office District building height. The building height
allowed in the O-3, General Office Zoning District is 45-feet with additional height
allowed for each one (1) foot of setback beyond the required building setback not to
exceed 60-feet.
On January 19, 2006, the Little Rock Planning Commission approved a request for a
zoning site plan review to allow the development of this site with a multi-story office
building. The approval allowed the construction of a 60,000 square foot, three story
medical office building and surgery center/clinic. The building was located in the center
of the site with terraced parking lots around the building. The total parking proposed
was 250 cars arranged on both sides of the building, with on-grade access to the first
and second floors. The topography of the site was utilized giving the appearance of a
two (2) story building from the south side and a three (3) story building from the north
side. Two (2) curb cuts on Autumn Road were proposed.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The project is located on the east side of Autumn Road, just north of Barnes and
Noble. The project consist of 204,840 square feet of self-storage located in four
(4) buildings. The plan includes the development in two (2) phases. An office
containing 3,536 square feet, a wine storage area of 1,446 square feet, Building
A containing 15,850 square feet and Building B containing 80,808 square feet will
be constructed in the first phase. Building C containing 88,2000 square feet and
Building D containing 15,000 square feet will be constructed in the second
phase.
The request includes a variance from the City’s Land Alteration Ordinance to
allow grading of the entire site with the development of the first phase. The
request also includes a variance from the Subdivision and Master Street Plan
Ordinances to allow the drive on Autumn Road nearer the southern property line
than typically allowed.
B. EXISTING CONDITIONS:
The site is tree-covered with steep slopes. A drainage ditch occurs along the
north edge of the property, and a deep swale occurs at the northeast corner of
the site. The site is nicely forested with medium sized pine and hardwood trees.
Autumn Road, adjacent to the site, has not been constructed to Master Street
Plan standard.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
3
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received a few informational phone calls and a
number of calls and letter in opposition from area property owners. All property
owners located within 200 feet of the site along with the Birchwood
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Autumn Road is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline will be required.
2. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to Autumn Road
including 5-foot sidewalks with the planned development. The new back of
curb should be located 36 feet from the existing back of curb on the west.
3. Street Improvement plans shall include signage and striping. Center turn
lane striping should be provided on Autumn Road. Public Works must
approve completed plans prior to construction.
4. 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. If the project is
proposed to be phased, will an advanced grading variance be requested for
future phases with construction of Phase 1?
5. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
6. Stormwater detention ordinance applies to this property.
7. Downstream of the subject property has experienced flooding in the past.
City of Little Rock has made improvements downstream. Per Section
29-102 an evaluation should be conducted on the basis of existing
downstream development and any analysis of stormwater runoff with and
without the proposed development. If the proposed development will cause
or increase downstream flooding conditions, additional stormwater detention
or other steps must be provided.
8. 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.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
4
9. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed
prior to platting/certificate of occupancy. Contact Traffic Engineering,
Greg Simmons, gsimmons@littlerock.org or 501.379.1813 for more
information
10. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The proposed driveway
location is less than 300 feet from other driveways and 150 feet from the
side property line. A variance must be requested for the driveway location.
11. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersection(s) comply with 2004 AASHTO Green Book
standards.
12. Per Section 29-189(d), groups of trees and individual trees that are not to be
removed or are located within required undisturbed buffer areas shall be
protected during construction by protective fencing and shall not be used for
material storage or for any other purpose.
13. 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.
14. Retaining walls designed to exceed 15 feet in height are required to seek a
variance for construction. Provide proposed wall elevations.
15. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After
construction, an as-built certification is required for construction of the
retaining wall.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: No stormwater detention basin or levee to be constructed within
10-feet of a sewer main. Contact Little Rock Wastewater Utility for additional
information.
Entergy: Entergy does not object to this proposal. Overhead power lines exist
on the west, north and east sides of this property but should not interfere with the
proposed use of the property. Caution should be used when cutting in the drive
on Autumn Drive as an overhead line is in the proximity. Contact Entergy in
advance regarding future service requirements to the development, line
extension, and future facilities locations as this project proceeds.
CenterPoint Energy: No comment received.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
5
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. A water main extension will be needed to provide water service to this
property.
3. 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.
4. 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.
5. 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.
6. Contact Central Arkansas Water regarding the size and location of 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.
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 materials
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 area
used, a reduced pressure zone back flow preventer shall be required.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
6
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.
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.
Gates. Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by
one person.
4. Gate components shall be maintained in an operable condition at all times
and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
entry tools or when a key box containing the keys to the lock is installed at
the gate location.
7. Locking device specifications shall be submitted for approval \by the fire
code official
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed
and installed to comply with requirements of ASTM F 2200.
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 (Jason Lowder 501.377.1245) and the Little Rock
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
7
Fire Marshal’s Office (Captain Tony Rhodes 501.918.3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
Rock Region Metro: The area is not currently served by METRO. The area is
part of our future plans for local service and service enhancements. We have no
comments on this development.
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 I-430 Planning District. The
Land Use Plan shows Office (O) for this property. The Office category includes
services provided directly to consumers (e.g. legal, finance, medical) as well as
general offices which support more basic economic activities. The applicant has
applied for a rezoning from O-2, Office and Institutional District to PDC (Planned
Development Commercial District) to allow for the development of a mini-storage
facility on the site.
Master Street Plan: Autumn Road is shown as a Collector on the Master Street
Plan. The primary function of a Collector Street is to provide a connection from
Local Streets to Arterials. This street may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: There is a Class III Bike Route shown along Autumn Road. Bike
Routes require no additional right-of-way or pavement markings, but only a sign
to identify and direct the route.
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.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
8
3. Trees and shrubs are required planed adjacent to street right-of-way. Plant
material is to be provided at one (1) tree and three (3) shrubs for every
30 linear feet. Existing trees and vegetation can be used to satisfy landscape
requirements. A minimum thirty-six (36) foot street buffer will be required
along Autumn Road.
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. An irrigation system shall be required for developments of one (1) acre or
larger.
7. 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: (September 16, 2015)
Mr. Tim Daters of White Daters and Associates and Mr. Keith Richardson, the
developer, were present representing the request. Staff presented an overview
of the item stating there were a number of outstanding technical issues in need of
addressing related to the site plan. Staff requested additional information
concerning the development plan, the intended use of the property and the
overall proposed operational hours of the development. Staff requested the
applicant provide the proposed materials, the building heights and areas for
outdoor storage.
Public Works comments were addressed. Staff stated a dedication of right of
way to 30-feet from centerline was required on Autumn Road. Staff also stated
street improvements were required to Autumn Road per the Boundary Street
Ordinance and the Master Street plan. Staff stated a center turn lane was
required on Autumn Road. Staff requested Mr. Daters provide a sketch grading
and drainage plan for the development. Staff also questioned the location and
height of any proposed retaining walls. Staff stated an engineer’s certification
was required for all walls both pre and post construction.
Landscaping comments were addressed. Staff stated the street buffer appeared
to be less than the minimum ordinance requirement per the zoning ordinance.
Staff also stated screening was required along the site’s perimeters where
abutting a less restrictive use. Staff noted any trees or existing vegetation which
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
9
could be saved would be given credit toward fulfilling the landscape ordinance
requirements.
Staff noted the comments from the various other agencies. 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 and cover letter to staff addressing
most of the technical issues associated with the request. The applicant has
provided additional information concerning the development plan, the intended
use of the property and the overall proposed operational hours of the
development. The applicant has also provided the proposed materials, the
building heights and areas for outdoor storage.
The request is a rezoning from O-2, Office and Institutional to Planned
Development Commercial to allow the development of the site with
mini-warehouse. The project consists of 204,840 square feet of self-storage
located in four (4) buildings. The plan includes the development in two (2)
phases. A 3,536 square foot office, a 1,446 square foot wine storage, Building A
containing 15,850 square feet and Building B containing 80,808 square feet will
be constructed in the first phase. Building C containing 88,200 square feet and
Building D containing 15,000 square feet will be constructed in the second
phase. With the first phase the slab for building C will be developed. The slab
will be used for outdoor storage of boats, rv’s and other items until the actual
building is constructed. Upon full build-out of the buildings no outdoor storage is
proposed.
The development is proposed with a manager unit upstairs above the office to
allow 24-security of the mini-warehouse development. The applicant has stated
the residence may not be used during the first phase but will be available if and
when the residence is desired. Each of the units will have individual door alarms
to notify the office when a person is entering their unit. All areas of entry and exit
to storage property will have cameras and be recorded including all entrances to
each individual buildings.
The site plan indicates two (2) gated entrances with key code entry. The hours
of operation for the office are 7:00 am to 6:00 pm daily. The gate hours are
7:00 am to 10:00 pm daily. The applicant states 95 percent of the tenants will be
limited to 7:00 am to 10:00 pm gate access hours. He states less than five (5)
percent of units will pay an extra $25 fee per month to be allowed 24-hour
access. 24-hour access is primarily used by pharmaceutical reps that need
access to run their business.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
10
The office will provide retail sales of boxes and moving materials. Within the
office/main building there will be a wine locker storage area of approximately
1,500 square feet. This area includes a tasting room to accommodate
15 - 20 people. No alcohol sales are proposed. The area is a room to allow wine
clubs to share wine with other members. In addition the building will contain a
conference room that will hold eight (8) to ten (10) people. The conference room
will be provided to the tenants of the mini-warehouse development as a meeting
space which will be provided free of charge. Within the main building there will
also be two (2) computer work stations and printers for the tenant use also free of
charge for those customers that do not have a formal office setting. The site plan
includes a dumpster location. The note on the plan states if a dumpster is placed
on the site it will be fully screened with masonry walls and serviced only during
weekday office hours.
The site plan indicates the placement of 49 parking spaces to serve the site. The
applicant has stated trucks or trailers for moving will not be rented from the site.
The parking calculated for warehouse development is calculated at one space
per 2,000 square feet of floor area up to 50,000 square feet and one (1) space
per 10,000 square feet of floor area over 50,000 square feet. The parking
typically required for a warehouse development would be 43 parking spaces.
The buildings are proposed as one (1) and two (2) story buildings. The buildings
will match the grade of the site with one side of the building being at grade with
the drive on the upper unit and the “back side” of the building being at grade with
the drive creating a stair step through the site. The single story buildings will not
exceed 20-feet in height. The two (2) story building will typically not exceed
20 feet in height on the high side. The western end caps will not exceed 50 feet
in height on Building B or 30 feet in height on Building A. Building materials will
be a mix of materials including painted stucco, architectural insulated metal
panels, glass and split face CMU bands.
The applicant has indicated a single ground sign will be placed along Autumn
Road. The sign is proposed as the maximum allowed by ordinance. Since the
property is currently zoned office the maximum sign allowed would be six (6) feet
in height and 64 square feet in area. Building signage is proposed on the west
and south side of the western end cap for Building B. The sign location on the
south façade is located without public street frontage. The total sign area on
each cap will not exceed 500 square feet.
The site plan indicates the placement of a decorative iron fence six (6) feet
in height along Autumn Road and the southern perimeter which will tie into
Building A. A six (6) foot wood fence is proposed along the northern and
western perimeters. The backs of the buildings in other locations will act as
security for the development.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
11
The request includes a variance from the City’s Land Alteration Ordinance to
allow advanced grading of the site with the development of the first phase. The
applicant has indicated the advanced grading is necessary to allow the site to
balance with cuts and fills. The site shows to detain stormwater underground
within pipes for the 25 year storm event. The final review and approval of the
proposed detention design to conform to the requirements of the City of Little
Rock Stormwater Management and Drainage Manual will occur prior to the
issuance of a grading permit.
The request also includes a variance from Section 30-43 and 31-210 to allow the
placement of a drive nearer the property line than typically allowed. The drive is
indicated less than 150 feet from the southern property line. The drive is
proposed at this location to align with the existing drive located across Autumn
Road. The driveway immediately to the south is a service drive for the shopping
center fronting Chenal Parkway and has limited traffic. The location as shown is
necessary to match the proposed site grades.
Staff is supportive of the applicant’s request. Although the site is indicated as
Office on the City’s Future Land Use Plan and is zoned O-2, Office and
Institutional staff feels the development as proposed will be less intrusive to the
neighborhood. The site plan indicates the placement of a 50-foot OS, Open
Spaced zoned buffer and there is an additional 30-foot platted undeveloped right
of way between the OS buffer and the adjacent single-family homes. The
applicant has indicated building heights along the eastern perimeter (adjacent to
the single-family homes) will not exceed 20-feet. In addition staff feels the limited
hours of access to the facility with few customers accessing the site on a 24-hour
basis will have less of an impact on the nearby homes than a typical office
development.
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 to allow the placement of the
access drive on Autumn Road nearer the property line that typically allowed.
Staff recommends approval of the variance request to allow advanced grading of
the entire site with the construction of the first phase of the storage facility.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
12
PLANNING COMMISSION ACTION: (OCTOBER 8, 2015)
The applicant was present. There were no registered objectors present.
Staff presented the item stating the applicant had submitted a request dated
September 28, 2015, requesting deferral of this item to the November 19, 2015, 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 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
Based on additional information provided by the applicant staff recommends deferral of
this item to the December 17, 2015, Public Hearing to allow staff additional time to
review the revised material provided.
PLANNING COMMISSION ACTION: (NOVEMBER 19, 2015)
The applicant was present. Staff presented a recommendation of deferral of the item to
allow them additional time to review information provided by the applicant. Staff
presented a recommendation of deferral of this item to the December 17, 2015, Public
Hearing. Staff stated the applicant was agreeable to 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.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had met with the Birchwood Neighborhood
Association and had made agreements concerning the future development of the site.
Staff read into the record a statement from the Birchwood Neighborhood Association
concerning flooding, maintenance of open space and visual separation. The following
is the agreement made with Mr. Richardson and the Neighborhood Association:
1. Flooding is the primary concern that needed to be addressed.
a. Mr. Richardson will be installing 4 grate covered “ditches” in the 30 foot space
between each building to catch water.
b. He will be installing gutters at the roof lines with downspouts that direct the
water flow into the “ditches”.
c. The water collected in the “ditches” will filter through the earth and end up in
the two (2) stormwater detention basins located to the north east of the
property.
December 17, 2015
ITEM NO.: F (Cont.) FILE NO.: Z-4765-D
13
d. When the engineer Tim Daters of White Daters and Associates conducts the
required water flow tests, the results will be provided to the Birchwood
Neighborhood Association.
2. Maintaining the Open Space (OS) zoning and privacy to the North and East of the
property is of great concern.
a. Mr. Richardson has agreed to leave the existing 50 foot zoned Open Space
(OS) to the North and East in place and revised his request with Planning to
only rezoned the O-2, Office and Institutional zoned portion of the property to
PDC.
3. Privacy and visual separation was an issue addressed to most residents’
satisfaction.
a. To the East, there is an abandoned 30 foot ROW behind the residents’
homes. With the zoned 50 foot OS, this gives 80 feet of buffer.
Mr. Richardson will be installing a wood privacy fence at the 80 foot line and
planting an additional 25 feet of landscape buffer giving 105 feet of buffer.
b. To the North, the closest building will have a brick back and will not have any
lighting facing Birchwood. If the building is visible after development,
Mr. Richardson has agreed to work directly with affected residents to plant
additional landscaping as needed.
4. Concerns regarding light pollution were resolved when Mr. Richardson informed us
that all his lighting will be attached to the buildings and downcast.
Staff represented 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 for
the placement of the driveway on Autumn Road. Staff presented a recommendation of
approval of the variance request to allow advanced grading of future phases with the
development of the first phase.
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.
December 17, 2015
ITEM NO.: G FILE NO.: Z-9006-A
NAME: Hounds Lounge Pet Resort and Spa Revised Short-form PCD
LOCATION: Located at 1711 Rebsamen Park Road
DEVELOPER:
John Martin, Moses Tucker Real Estate
200 River Market Avenue, Suite 200
Little Rock, AR 72201
SURVEYOR:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 0.271 acres NUMBER OF LOTS:1 FT. NEW STREET: 0 LF
CURRENT ZONING: PCD
ALLOWED USES: Limited list of commercial uses
PROPOSED ZONING: Revised PCD
PROPOSED USE: Add pet daycare and boarding as an allowable use
VARIANCE/WAIVERS: None requested.
BACKGROUND:
Ordinance No. 21,005 adopted by the Little Rock Board of Directors on March 3, 2015,
rezoned the site from R-2, Single-family to PCD to allow the following specific listing of
uses as allowable uses: a florist shop, a production studio, a construction company – no
outside storage is allowed, an art studio, carpet sales and service, security sales and
service, office/warehouse, office/showroom/warehouse, conditioned storage, general
and professional office, construction/paint/building products.
The plan did not include any exterior modifications to the site or parking layout.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
Hound’s Lounge Pet Resort and Spa is proposing to revise the previously
approved Planned Commercial Development to add pet boarding and grooming
as an allowable use for the site. Hound’s Lounge has determined a need exists
for this service to support pet owners in the downtown and midtown areas. The
applicant is not proposing any changes to the exterior of the building or exterior
area other than adding an enclosed fenced (uncovered) area of approximately
2,000 square feet for the pet’s outdoor activities and exercise. The enclosed
fence is to be located at the northeast corner of the property with one of the
overhead doors leading into the enclosed area. The applicant proposes
approximately 75 kennels with an average daytime and nighttime population of
55 pets. Holidays and high traffic weekends are projected at 110 pets. Pets will
be allowed outside four (4) to five (5) times per day for approximately 30 minutes,
weather permitting. Proposed business hours of operation are from 7:00 am to
7:00 pm Monday through Friday, 8:00 am to 5:00 pm Saturday and 11:00 am to
5:00 pm on Sunday, with overnight boarding.
B. EXISTING CONDITIONS:
This area of Riverdale contains a wide variety of uses including single-family,
multi-family, office, retail, restaurants and a plant nursery. To the west,
across Rebsamen Park Road there is a single-family subdivision. To the east is
a railroad spur and east of the rail spur is an office development and an
office/mini-warehouse development. South of the site is a restaurant. With the
recent renovation the property owner constructed curb, gutter or sidewalk
adjacent to this site on Rebsamen Park Road.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received an informational phone call from an area
property owner. All property owners located within 200-feet of the site along with
the Sherrill Heights Neighborhood Association and the Riverside Neighborhood
Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1.Dispose of all pet excrements in conformance with all municipal, state, and
federal health and stormwater quality requirements.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
3
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Electrical service is already
provided to the building from the front. There do not appear to be any conflicts
with existing Entergy facilities. Contact Entergy in advance if electrical service
needs change as a result of the conversion of use.
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. 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.
3. Contact Central Arkansas Water regarding the size and location of water
meter.
4. 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.
Fire Department: Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245
Jason.Lowder@carkw.com) and the Little Rock Fire Marshal’s Office (Captain
Tony Rhodes 501.918.3757). Number and Distribution of Fire Hydrants as per
Table C105.1.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
4
Parks and Recreation: No comment received.
County Planning: No comment.
Rock Region Metro: Location is served nearby on Route 21; maintain
sidewalks to business district location. The area is heavily travel by pedestrians.
No issue with the plan as shown.
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 Heights Hillcrest Planning
District. The Land Use Plan shows Commercial (C) for this property. The
Commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that
they serve. The applicant has applied for a revision to an existing PCD (Planned
Commercial District) to add the use of pet care and grooming to the allowable
uses on the site.
Master Street Plan: Rebsamen Park Road is a Collector on the Master Street
Plan. The primary function of a Collector Street is to provide a connection from
Local Streets to Arterials. 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. If building rehabilitation exceeds fifty percent (50%) of the replacement cost
then the landscaping and buffer must also come into compliancy accordingly.
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.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
5
G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2015)
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 activities and sales which would occur with the pet resort and
spa. Staff also questioned the days and hours of outdoor activities for the pets
being boarded.
Public Works comments were addressed. Staff stated all pet excrements were to
be disposed of in accordance with all municipal, state and federal health and
stormwater quality requirements.
Landscaping comments were addressed. Staff stated if the building rehabilitation
exceeded fifty percent of the replacement cost of the building then the
landscaping and buffering were to come into compliance accordingly.
There were no more issues for discussion. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant has submitted additional information as requested by staff at the
October 28, 2015, Subdivision Committee meeting. The applicant has provided
additional information concerning the proposed business plan and has indicated
the days and hours of operation as well as the hours the pets will be allowed
outdoor for exercise.
The request is to amend the previously approved Planned Commercial
Development to add pet boarding and daycare as an allowable use. The
business Hound’s Lounge Pet Resort and Spa is proposing to reuse an existing
commercial building located on Rebsamen Park Road for pet boarding/daycare
and grooming. The applicant is not proposing any changes to the exterior of the
building or exterior area other than adding an enclosed fenced (uncovered) area
for the pet’s outdoor activities and exercise. The enclosed fence is to be located
at the northeast corner of the property with one (1) of the overhead doors leading
into the enclosed area. Hound’s Lounge will be a cage free environment during
the day with an approximate 2,000 sq. feet of indoor play area and dogs.
The applicant proposes approximately 75 indoor kennels with an average
daytime and nighttime population of 55 pets. On holidays and high traffic
weekends, there are 110 pets projected.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
6
Pets will be allowed outside four (4) to five (5) times per day for approximately
30 minutes, weather permitting. The times of outdoor activities will be limited to
the days and hours of operation with the exception of Sunday. The pets will be
allowed outdoors around 8:00 am. Pets will be supervised at all times when they
are outdoors. Pets will only be allowed outdoors within the fenced area.
Proposed business hours of operation are from 7:00 am to 7:00 pm Monday
through Friday, 8:00 am to 5:00 pm Saturday and 11:00 am to 5:00 pm on
Sunday with overnight boarding. The facility will offer a boutique selling pet
supplies, clothing items, leashes/collars etc. The facility will also offer a pet
washing station for customers to wash their pet as a free service.
The applicant has indicated a dumpster will be placed on the site on an as
needed basis. The dumpster will be fully screened as typically required by
ordinance. The dumpster hours of service will be limited to daylight hours,
Monday through Friday from 7:00 am to 6:00 pm.
Building and ground signage is proposed to serve the business. The building
signage will be placed on the western and southern façades. The western
façade sign which is located over the entrance door is proposed 40-inches by
60-inches (16 square feet). The sign on the southern façade which fronts the
parking lot is proposed 40-inches by 228-inches (45 square feet). Ground
signage will be limited to a maximum height of six (6) feet and a maximum sign
area of seventy-two (72) square feet.
Staff is supportive of the applicant’s request. The applicant is seeking to add pet
grooming and boarding as an allowable use for the property. The applicant has
indicated the pets will be allowed outdoors during hours which are typically
non-intrusive to area residents. Staff does not feel the addition of this use as an
allowable use for the property will adversely impact this area.
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.
PLANNING COMMISSION ACTION: (NOVEMBER 19, 2015)
The applicant was present. There were no registered objectors present.
Staff presented the item stating they were requesting a deferral of the item to the
December 17, 2015 public hearing. There was no further discussion. The item was
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
7
placed on the consent agenda and approved as recommended by staff by a vote of
10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
This item was deferred from the Commission’s November 19, 2015, public hearing to
allow the applicant and nearby residents to review the proposed development plan and
any sound proofing that could be placed within the building to limit the noise from the
overnight and/or daytime pets. Staff will provide an update on the outcome of these
conversations at the December 17, 2015, public hearing.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
The applicants were present. There were registered objectors and supporters of the
request. Staff presented the item with a recommendation of approval.
The applicant’s Mandy Marshall and Justin Harris addressed the Commission on the
merits of the request. Mr. Harris stated he lived in the area and was a pet owner.
He stated currently this area of Little Rock was underserved with regard to pet daycare
and boarding. He stated the nearest facilities were in Chenal and in Roland. He stated
this was a central location for the business and would allow persons from the Heights,
Hillcrest and downtown easy access to the facility.
Ms. Marshall addressed the Commission stating the facility would be an upscale facility
and similar to a hotel for pets. She stated in the lobby there would be a pet washing
station for patrons to wash their pet after visiting the park. She stated the facility would
have an overnight employee to assist the animals and to ensure all the pets were
properly cared for.
Ms. Stephanie Lopez addressed the Commission in support of the request. She stated
she was President of the Riverside Neighborhood Association. She stated she was
contacted by the applicant’s to discuss the project. She stated she had an e-mail listing
of residents in the neighborhood which she contacted with the applicant’s proposal.
She stated noise was a concern. She stated only two (2) residents initially indicated
opposition to the request. She stated she met the developers on site and a sound test
was preformed to show the amount of noise that would travel from the site. She stated
after completion of the noise test she once again reached out to her neighbors and only
one (1) had a concern. The other resident who had initially raised concerns withdrew
her opposition. She stated the neighborhood was located adjacent to a commercial
area. She stated the dumpster dumping and the railcar connecting generated a great
deal of noise for the area. She stated the pets would be inside at night. She stated the
neighborhood association was in support of the request.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
8
Ms. Hannah Driskill addressed the Commission in support. She stated she lived close
to a facility which offered boarding to a minimum of 50 dogs. She stated the dogs would
play during the day and would be tired at night. She stated she had three dogs and a
new baby and felt guilty because she could not exercise her pets properly. She stated
she felt this business would be convenient and would allow her pets to be stimulated
during the day with proper exercise.
Sammye Johnston addressed the Commission in support of the request. She stated
the business was very much needed in the area. She stated the building was
developed as a LEED building and had elements of sound proofing. She stated the
kennels were located underground which further reduced the sound that would be
generated from the dogs.
Mr. John Eberle addressed the Commission in support of the request. He stated he
lived in the Heights for the last 75 years and had seen a lot come and go in the area.
He stated this business would not generate a great deal of traffic and would be a benefit
to the area. He stated the principals cared about the business and the area and would
ensure the project would not detract from the area.
Mr. John Allen addressed the Commission on behalf of the applicant’s. He stated he
was the building owner and had put a great deal into the renovations of the building. He
stated the building qualified for LEED certification at a platinum level. He stated the
building was divided into three (3) sections. He stated the building was constructed of
concrete block with drywall on the interior. He stated the windows in the building were
double pane windows. He stated the area for the dogs would be below grade reducing
the amount of sound that would travel. He stated the dumpster dumping and the food
truck idling accessing the commercial facilities in the area generated a great deal of
noise. He stated there was traffic in the area until the restaurants closed at 10 pm.
Mr. Roger Clark addressed the Commission in opposition of the request. He provided
the Commission with a petition of residents in opposition of the request. He stated
Ms. Lopez did not represent the entire neighborhood. He stated his home was located
within 200-feet of the site. He stated the only separation was the road right of way for
Rebsamen Park. He stated he had lived in the neighborhood for a number of years. He
stated this area had seen a number of changes. He stated the residents accepted the
noise from the businesses and the nearby railroad track. He stated his home was built
in the 1940’s. He stated he had a dog and over the years he had taken a number of
rescues. He stated it took a week or so for the animals to get use to the traffic noise,
the dumping of dumpsters and the connecting of the railcars. He stated his concern
was 88 dogs 125 feet from his bedroom window. He stated he felt even if he could not
hear the dogs barking his dog would and the neighbor’s dogs would and this would set
off a chain reaction of barking. He questioned if the facility were located next door to a
Commission members home would they vote to support the rezoning request.
December 17, 2015
ITEM NO.: G (Cont.) FILE NO.: Z-9006-A
9
The applicant’s stated they had allowed the item to be deferred from the
November 19, 2015 public hearing to this date to allow additional time to meet with the
residents of the neighborhood and address their concerns. Ms. Marshall stated out of a
list of 30 residents there were only two (2) initially with concerns and now only
one (1) with concerns. She stated there was a letter of support from the association.
She stated she felt the opposition provided in the petition had been presented a biased
view of the proposed project.
There was a general discussion by the Commission concerning the request. The
Commission questioned the level of sound the noise that would be generated.
The Commission asked if there had been a formal sound study performed on
the building. Ms. Marshall stated there was not a formal sound test performed.
Commissioner Bubbus stated with his restaurants he had completed sound tests and in
some cases added additional elements in the building to reduce the noise level
outdoors.
Deputy City Attorney Shawn Overton stated the City had a noise ordinance and a
barking dog ordinance. He stated if the noise or barking became a problem then the
City could sight the business.
A motion was made to approve the request as recommended by staff. The motion
carried by a vote of 10 ayes, 1 no and 0 absent.
December 17, 2015
ITEM NO.: 1 FILE NO.: Z-9096
Owner: Johnny L. Harden
Applicant: Tim Daters, White-Daters and Associates
Location: 3800 Woodland Heights Road
Area: 0.4171 Acres
Request: Rezone from R-2 and O-3
Purpose: Future office use
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Easter Seals Arkansas development; zoned O-3
South – Easter Seals Arkansas development; zoned O-3
East – Office development (across Woodland Heights Road); zoned O-3
West – Easter Seals Arkansas development and single family residences;
zoned O-3 and R-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Pleasant Forest,
Pleasant Valley and Walton Heights-Candlewood Neighborhood Associations
were notified of the public hearing.
December 17, 2015
ITEM NO.: 1 (Cont.) FILE NO.: Z-9096
2
D. LAND USE ELEMENT:
This request is located in the River Mountain Planning District. The Land Use
Plan shows Office (O) for this property. The Office category represents services
provided directly to consumers (e.g., legal, financial, medical) as well as general
offices which support more basic economic activities. The applicant has applied
for a rezoning from R-2 (Single Family District) to O-3 (General Office District) to
allow for a future office on the site.
Master Street Plan:
Woodland Heights Road 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 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.
E. STAFF ANALYSIS:
Johnny L. Harden, owner of the 0.4171 acre property at 3800 Woodland Heights
Road, is requesting to rezone the property from “R-2” Single Family District to
“O-3” General Office District. The rezoning is proposed to allow future office
development.
The property is occupied by a one-story brick and frame single family residence
within the east half of the lot. A one-lot frame block and frame garage is located at
the northwest corner of the property. A one-car wide concrete drive serves as
access to the house. A separate drive at the northeast corner of the lot leads to
the garage structure.
Easter Seals Arkansas development is located north, south and west of the subject
property. An office development is located across Woodland Heights Road to
the east. Single family residences are located further west. A large church
development is located further to the northeast. All abutting property is zoned O-3.
The City’s Future Land Use Plan designates this property as Office (O). The
requested rezoning to O-3 does not require a Land Use Plan Amendment.
December 17, 2015
ITEM NO.: 1 (Cont.) FILE NO.: Z-9096
3
Staff is supportive of the requested O-3 rezoning. Staff views the request as
reasonable. Staff feels that the proposed rezoning represents a continuation of
the existing zoning pattern for this area. All of the abutting properties are zoned
O-3. The Easter Seals Arkansas development wraps around the subject property
to the north, south and west. Additionally, the City’s Future Land Use Plan
designates this property as Office (O). Staff believes rezoning this property to
O-3 will have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
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.
December 17, 2015
ITEM NO.: 2 FILE NO.: G-23-438-A
Name: Rose Street – Right-of-Way Abandonment
Location: Between N. Lookout and Kenyon Streets
Owner/Applicant: Elizabeth Hufford, Charles Puddephatt, III,
and Josephine Parent
Request: To abandon the undeveloped portion of the 44 foot
wide Rose Street right-of-way located between
N. Lookout Road and Kenyon Street (between
4301 and 4225 N. Lookout Road) (approximately
179.5 linear feet).
Purpose: The abandonment is proposed to incorporate the area of
abandonment into the three (3) adjacent lots for yard
space.
STAFF REVIEW:
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to the
abandonment request. Several of the utilities request to retain all or part of the
area of abandonment as utility easement. The Public Works Comment is as
follows:
• Drainage easements should be maintained in the right-to-way to convey
storm water from adjacent property. An access easement should be
maintained in the right-of-way for access to the new constructed driveway on
the east.
B. Master Street Plan:
There are no Master Street Plan issues associated with this abandonment
request, as the right-of-way is not classified as collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The area of abandonment is undeveloped and covered with trees and
undergrowth. The south portion of the area of abandonment contains some
landscape improvements made by an adjacent property owner. The area of
abandonment has a severe slope downward from south to north, and serves as a
drainage way for the immediate area. There is a driveway within the upper,
December 17, 2015
ITEM NO.: 2 (Cont.) FILE NO.: G-23-438-A
2
south portion of the right-of-way which extends behind 4225 N. Lookout Street
and provides access to the residence at 4221 N. Lookout Street.
D. Development Potential:
The abandonment of this portion of the Rose Street right-of-way is proposed in
order to use the area as private yard space by the adjacent single family lot
owners.
E. Neighborhood and Land Use Effect:
Single family residences are located on the adjacent properties to the east and
west. Single family properties are also located to the south. Allsopp Park
property is located across N. Lookout Road to the north.
F. Neighborhood Position:
All three (3) adjacent property owners have signed the petition to abandon. No
other property owners are required to be notified of the abandonment request.
Staff notified the Hillcrest Residents Association of the abandonment request.
The owners of the property at 4221 N. Lookout submitted a letter supporting the
abandonment request.
G. Effect on Public Services or Utilities:
Little Rock Wastewater: No objection to abandonment. Retain easement five (5)
feet either side of existing sewer main located within right-of-way to be
abandoned.
Entergy: No objection to abandonment as long as Entergy retains any existing
easement for its existing lines and is able to access them for future maintenance
and service.
Centerpoint Energy: No objection to abandonment. Retain as easement for
existing facilities.
AT&T: No objection to abandonment.
Central Arkansas Water: No objection to abandonment. Retain area of
abandonment as an easement for existing facilities.
December 17, 2015
ITEM NO.: 2 (Cont.) FILE NO.: G-23-438-A
3
H. Reversionary Rights:
According to an abstract company, there are no reversionary rights and
ownership of the right-of-way will be split between the three (3) adjacent property
owners.
I. Public Welfare and Safety Issues:
Abandoning this right-of-way will have no adverse impact on the public welfare
and safety. The Little Rock Fire Department has reviewed and approved the
abandonment request.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the undeveloped 44 foot wide
Rose Street right-of-way located between N. Lookout road and Kenyon Street (between
Lot 1, Block 14 and Lot 14 and a portion of Lot 15, Block 16, Hillcrest Addition), subject
to the following conditions:
1. The entire area of abandonment must be retained as a utility and drainage
easement.
2. An access easement must be retained within the south portion of the abandonment
area for the existing access drive which serves 4221 N. Lookout.
PLANNING COMMISSION ACTION: (DECEMBER 17, 2015)
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.
DATE PLANNING COMMISSION VOTE RECORD
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MEMBER
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
HAM I LION, SCOTT
LAHA, TROY -
LATTURE, PAUL
MAY, BILL B. -
Meeting Adjourned O ( P.M.
! AYE G:° NAYE' ABSENT _ ABSTAIN �RECUSE
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9
MEMBER
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
HAM I LION, SCOTT
LAHA, TROY -
LATTURE, PAUL
MAY, BILL B. -
Meeting Adjourned O ( P.M.
! AYE G:° NAYE' ABSENT _ ABSTAIN �RECUSE
December 17, 2015
There being no further business before the Commission, the meeting
was adjourned at 6:01 p.m.
Date -t'�
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