pc_09 17 1998LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
MINUTE RECORD
SEPTEMBER 17, 1998
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Craig Berry
Herb Hawn
Bill Putnam
Rohn Muse
Hugh Earnest
Larry Lichty
Judith Faust
Pam Adcock
Richard Downing
Mizan Rahman
Obray Nunnley, Jr.
Members Absent: None
City Attorney: Steve Giles
LITTLE ROCK PLANNING COMMISSION
REZONING AND PLANNING HEARING
I. DEFERRED ITEM:
A. LU -98-15-03
II. PLAN ISSUES
1. LU -98-02-02
AGENDA
SEPTEMBER 17, 1998
4:00 P.M.
A Land Use Plan Amendment in the Geyer
Springs West Planning District at Johnson
Lane east of Heinke Road from Single
Family to Services Trades District.
A Land Use Plan Amendment in the Rodney
Parham Planning District on Markham Center
Drive and Natural Resources Drive from
Suburban Office and Single Family to
Commercial and Suburban Office.
2. LU -98-18-02 A Land Use Plan Amendment in the Ellis
Mountain Planning District at the
northwest corner of Bowman and Kanis Roads
from Mixed Office Commercial to Office and
Commercial.
III. REZONING ITEMS:
3. Z-6552
4. Z-6553
5. Z-6554
IV. OTHER ITEM:
6. Z-6555
18600 Cantrell Road R-2 to 0-1
and 0-3
4000 Asher Avenue C-3 to C-4
NW Corner of Kanis R-2 to 0-3
and Bowman Roads and C-3
Moore Manufactured Home Conditional Use
Permit located at 8504 Mabelvale Pike
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September 17, 1998
ITEM NO.: A FILE NO.: LU98-15-03
Name: Land Use Plan Amendment - Geyer Springs West
Planning District
Location: Johnson Lane east of Heinke Road
Request: Single Family to Service Trades District
Source: Bobby Jones
PROPOSAL / REQUEST:
Land Use Plan amendment in the Geyer Springs West Planning
District from Single Family to Service Trades District.
Service Trade District provides for a selection of office,
warehousing, and industrial park activities that primarily
serve other office service or industrial businesses. This
district is intended to allow support services to these
businesses and to provide for uses with an office component.
A Planned Unit Development is required for any development
not wholly office.
CURRENT LAND USE AND ZONING:
The property and all surrounding areas are currently zoned
R2 and shown as single Family on the Land Use Plan. The
site is approximately one-half acre in size.
RECENT AMENDMENTS:
November 4, 1997, numerous plan amendments in the Chicot
West I-30 South, but none in the immediate area of this
proposed amendment.
MASTER STREET PLAN:
Johnson Lane is a residential street. Heinke Road, located
to the west is shown as a Collector street on the Master
Street Plan. The proposed South Loop lies just to the north
of this application.
BACKGROUND•
This area was included in the Chicot West I-30 South
Neighborhood Action Plan that was adopted in November 1997.
The neighborhood plan, which made numerous land use plan and
zoning changes, kept this area as single family. While the
neighborhood plan has stated that there is a desire to
September 17, 1998
ITEM NO.: A (Cont.) FILE NO.: LU98-15-03
attract more light industrial uses to the area and four
areas were changed to Light industrial on the plan to
attract development, this was not one of those areas.
Johnson Street is a two lane paved street with open ditches.
At the split, Johnson Street and Johnson Lane are gravel
drives. Johnson Lane is officially dedicated to the city.
Johnson Lane is a cul-de-sac off Johnson Street, which is a
cul-de-sac east of Heinke Road. Neither Johnson Street nor
Johnson Lane is sufficient to carry any business traffic
that would be generated by the mini -warehouse use.
As stated before, this proposed site is totally surrounded
by Single Family and Johnson Lane is a residential local
street and is shown as such on the Master Street Plan.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association:
Rolling Pines.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION:
(August 6, 1998)
The applicant asked for a deferral in order to change his
application. The planning commission approved his request
for deferral with a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
Since the deferral of the item, the applicant has amended
his application from Service Trades District with a proposed
use of mini -warehouse to Mixed Use with a proposed use of a
"wood working shop and store". Mixed Use provides for a
mixture of Residential, Office and Commercial uses to occur.
A Planned Zoning District is required if the use is entirely
office or commercial or if the use is a mixture of the
three. In addition to the woodworking shop and store, noted
on his sketch and letter, the applicant has future plans for
a small apartment for himself. This request is consistent
with Mixed Use. The change in the application does not
change Staff's recommendation.
See attached letter from Norm Floyd, Advocate for the
Preservation of the Chicot West/I-30 South Neighborhood
Plan. His letter states that he is against the proposed
development for three reasons.
Staff has also received one call in opposition.
VFa
September 17, 1998
ITEM NO.: A (Cont.) FILE NO.: LU98-15-03
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
Brian Minyard of Staff presented the item to the commission.
Bobby Jones, the applicant, spoke of improvements to the
property and briefly of the project.
Troy Laha, Chairperson for Southwest Little Rock United for
Progress, spoke against the application. He spoke against
home business with more than two customers per day and in
support of the I-30 South Chicot West plan that was adopted
last year.
Janet Berry, of Legion Hut Neighborhood Association, spoke
that they would oppose anything that would create additional
traffic even though the home based business of a wood
working shop would not be opposed.
Jim Lawson, spoke that if he lived in a home and worked out
of a garage, it would be a home occupation. He stated that
this is a separate piece of property for a separate use and
therefore is not a home occupation and therefore a Land Use
item. Staff could not be opposed to home occupation because
one can do that by right.
Commissioner Rahman asked for dimensions of the lot. Brian
Minyard of Staff answered.
Mr. Jones stated that he wanted to build a shop and a small
house on tract D and further explained the subdivision of
the land.
Commissioner Muse asked the applicant if there were other
avenues to sell his products. Mr. Jones stated that he had
been making his products on site and had been written up by
zoning enforcement for making the lawn ornaments. He
continued that Dana Carney of Staff told him to ignore the
write up.
Mr. Carney clarified that he stated that the commission at
the hearing would work out the items.
Commissioner Muse asked of the applicant if the reason for
developing is to have a storefront. Mr. Jones stated the
storefront was a small part, the manufacturing would be the
major use. The majority of retail uses would be elsewhere.
Commissioner Hawn stated that the issue was Land Use and
this is a small tract of land.
7
September 17, 1998
ITEM NO.: A (Cont.) FILE NO.: LU98-15-03
Mr. Minyard stated that this area was included in the Chicot
South I-30 West Neighborhood Plan that was adopted in
November 1997. Commissioner Hawn questioned the location of
the South loop in relation to the site.
Commissioner Adcock asked what was allowable in Mixed Use.
Brian Minyard gave a definition of Mixed Use.
Commissioner Putnam asked if it was acceptable to the
applicant to not have retail on site. Mr. Jones stated that
was okay. He further questioned if we were going to
penalize someone trying to make a living.
Chairman Lichty stated that Staff has presented an option
with another approach in relation to his residence.
Commissioner Faust asked to explain how Mixed Use was
determined. Mr. Minyard explained the history of the
application, the deferral, and the change of the application
categories. Discussion followed concerning the phasing of
the shop, residence and retail uses. Dana Carney stated
that in R-2 zoning, the principal use must be a single-
family dwelling. There is not a house on the property.
Jim Lawson stated that the applicant should withdraw from
the agenda and agree to within a year of the time he builds
his shop that he build an apartment and live there. He then
can operate it without any zoning change or land use plan
change. The applicant needs to say if one year will be
enough time. If he does not sell them on site, there is no
issue.
Chairman Lichty asked why staff did not go over this with
him before. Jim Lawson stated that it was not that simple.
The original application was for commercial and the Planning
Commission will not allow mini -warehouse without a plan
change.
Chairman Lichty told Mr. Jones that "it appears that your
application for a plan change is in deep trouble... There is
no problem with staff and this commission with you having a
home occupation, but first you have to have a home. You
have to use what you are living in now, or build something.
With that in mind, would you like to withdraw your
application?"
Commissioner Putnam wanted to point out that Mr. Lawson
stated that within a year's time that he needed to build a
house.
Mr. Jones stated that "I think that will work fine."
Motion was made to withdraw and was passed with a vote of
11 ayes, 0 noes and 0 absent.
4
Bobby L. Jones, Agent for:
Minnie L. Johnson,
8902 Johnson Lane,
Mabelvale, Ar 72103
City of Little Rock,
Planning & Development Division,
723 W. Markham St.,
Little Rock, Ar 72201-1334
Attn: Mr. Brian Minyard, Planner II
8/7/98
Dear Mr. Minyard:
As per our conversation at the Planning & Rezoning Meeting on 8/6/98,
there has been a change in the type of structure that I want to erect on
Tract "D" of the Land Use Plan Amendment (LU98-15-03) on Johnson Lane (East
of Hienke Road in the Geyer Springs West District.) I no longer wish to
build a "mini -storage facility" on that property, and now want to construct
a "woodworking shop & store" which will be known as: YARD NOTIONS, INC.
Attached, you will see an impromptu drawing of the proposed building.
The dotted lines on the East end of the structure is what I call an
"expansion area" in case I someday want to build a small apartment for
myself to live in.
Also attached, you will find a few pictures of some of the items I plan
to wild in the shop and sell in the sore.
Be advised that I no longer wish the area to be rezoned into a Service &
Trades District, but I am unable to determine precisely what category the
new proposal should be called. Possibly, it should be a Cottage Industry,
since I may live there someday, and since I only live 100 yards from the
proposed site. I just don't know, but I will work with you on this determin-
ation and try to come up with a proper land use designation.
Will you please send a copy of this letter and the attachments to those
people who have expressed opposition to my former mini -storage plans? I
think my new idea will be more pleasing to them. Everyone loves lawn orna-
ments, and that is the entire idea of my new shop plans. I will specialize
in building - entirely out of wood - projects such as: birdhouses, butterfly
houses, windmills, wishing wells, planters of all sizes and shapes, and a
new product called "shadows" which are simply black silhouettes of various
animals and figures. These products will be professionally made and priced
resonably for resale. I will be the only employee at the shop until I get
an inventory built, but at some later date, I may wish to employ one helper
and one storekeeper7salesperson.
I sincerely hope you will help me get my new plan approved. I an out of
work at the present time because I have a number of disabilities, including
asbestosis, which prevent me from doing the kind of work I was trained for
early in life, which is Boilermaker Welding and Pipefitting. But I am also
an excellent carpenter and woodcraftsman and believe I can support myself and
my aging mother with my new plans.
Thank you for your continuing support in my endeavors.
Si er ly Yours,
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September 17, 1998
ITEM NO.: 1 FILE NO.: LU98-02-02
Name: Land Use Plan Amendment - Rodney Parham
District
Location: Markham Center Drive
Request: Suburban Office and Single Family to Commercial
and Suburban Office
Source: The Mehlburger Firm
PROPOSAL / REQUEST:
Land Use Plan amendment in the Rodney Parham Planning
District from Suburban Office and Single Family to Suburban
Office and Commercial. Suburban Office provides for low
intensity development of office or office parks in close
proximity to lower density residential areas to assure
compatibility. Commercial includes a broad range of retail
and wholesale sales of products, personal and professional
services, and general business activities.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area included in the amendment an area
immediately to the east of Natural Resources Drive. This
area has been partially developed as office. The property in
the expanded area is currently zoned 0-1 and shown as Single
Family on the Land Use Plan. This expansion would
acknowledge the existing uses and zoning of the area.
CURRENT LAND USE AND ZONING:
The property is currently zoned 0-3 and is approximately 1.8
acres in size. Two existing hotel/motels are located to the
south of the site and are shown as Commercial on the Land
Use Plan and have either a PCD or an 0-2 CUP. To the north,
east and southeast, lie various office buildings in Suburban
Office category and zoned 03. This site, as well as the
other two hotel/motels, faces the I-430 freeway.
The expanded area is currently zoned 0-1 with R-2 to the
north and east and C-3 to the south. Single Family lies to
the east of the expanded area and Office lies to the north.
An existing area of Suburban Office lies to the south and
Commercial to the southwest.
RECENT AMENDMENTS:
May 20, 1997, a change from Office to Commercial on area
along the north side of Chenal Parkway between Bowman and
Autumn Roads.
September 17, 1998
ITEM NO.: 1 (Cont.) FILE NO.: LU98-02-02
June 18, 1996, a change from Single Family to Park/Open
Space on two lake/recreation areas in Twin Lakes. A change
from Suburban Office to Single Family on the area from 16th
and 22nd Streets west of Aldersgate Road. A change from
Multifamily to Mixed Office on the area west of John Barrow
Road and north of Tanya Drive.
December 19, 1995, a change from Office to Commercial on
area northwest of the Kanis/Shackleford intersections.
February 7, 1995, a change from Office to Mixed Office
Commercial on area south of Chenal Parkway and west of
Hermitage Road.
August 2, 1994, a change from Single Family to Multifamily
on east of Reservoir Road and north of Grassy Flat Creek.
MASTER STREET PLAN:
Markham Center Drive is shown as a local street on the plan
and is built with a 36, cross section.
BACKGROUND:
This site is one of the last sites to be developed in the
area. As shown on the graphic, the lot immediately to the
south is shown as Commercial. This land use change would be
a logical expansion of the commercial to this one last lot.
The lots to the north and east are already built, and
therefore the chance of commercial spreading any further
north or east is a mute point. This change would be an
extension of the existing node of the motel/hotels to the
immediate south.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Leawood, Sturbridge, Colony West, Echo Valley,
Treasure Hills, Sante Fe Heights, Pennebrook, Beverly Hills,
Walnut Valley, Rainwood Cove and Pleasant Valley. Comments
were received from two owners in the expanded area in
support of the change. One phone call was received form an
adjoining neighbor in opposition to the change.
STAFF RECOMMENDATIONS:
Staff believes the changes are appropriate acknowledging the
existing use and zoning of the expanded area and to expand
the existing Commercial area north per the original
application.
2
September 17, 1998
ITEM NO.: 1 (Cont.) FILE NO.: LU98-02-02
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
This item was placed on the consent agenda and was approved
with a vote of 11-0-0.
3
September 17, 1998
ITEM NO.: 2 FILE NO.: LU98-18-02
Name: Land Use Plan Amendment - Ellis Mountain
District
Location: Kanis and Bowman Roads - northwest corner
Request: Mixed Office Commercial to Office and Mixed
Office Commercial to Commercial
Source: Dickson Flake
PROPOSAL / REQUEST:
Land Use Plan amendment in the Ellis Mountain Planning
District at the northwest corner of Kanis and Bowman Roads
from Mixed Office Commercial to Commercial and Mixed Office
Commercial to Office. The current Land Use Plan recommends
Mixed Office Commercial provides for a mixture of office and
commercial uses to occur. Acceptable uses are office or
mixed office and commercial. A Planned Zoning District is
required if the use is mixed office and commercial.
Commercial includes a broad range of retail and wholesale
sales of products, personal a professional services and
general business activities. Commercial activities vary in
type and scale, depending on the trade area that they serve.
Office represents services provided directly to consumers
(e.g., legal, financial, medical) as well as general
offices, which support more basic economic activities.
CURRENT LAND USE AND ZONING:
The property is currently zoned as C-3 and R-2, comprised of
approximately 8.8 acres, and is shown as Mixed Office
Commercial on the Land Use Plan. Sam's and Walmart, shown
as Commercial on the Land Use Plan and zoned C-3 lay
immediately north of the site. To the northeast of the site
is a shopping center, currently under construction, which is
zoned C-3 with a Land Use shown as Commercial. Diagonally
southeast of the site across Kanis is a liquor store and
vacant land zoned C3 and MOC land use. South of the site,
across Kanis, are mini -warehouse and general business zoned
R2 and shown as Transitional on the Land Use Plan. Vacant
undeveloped land lies to the east that is zoned R-2 and
shown as MOC on the Land Use Plan.
RECENT AMENDMENTS:
May 20, 1997, a change from Office to Commercial on the
north side of Chenal Parkway between Bowman and Autumn
Roads.
September 17, 1998
ITEM NO.: 2 (Cont.) FILE NO.: LU98-18-02
January 16, 1996, a change from Low Density Residential to
Suburban Office in an area east of Bowman Road, north of
Sandpiper Subdivision, and south of Kanis Road.
December 19, 1995, a change from Multi Family to Mixed
Office Commercial southeast of the intersection of Kanis and
Bowman Roads.
December 19, 1995, a change from Office to Commercial for an
area northwest of the Kanis and Shackleford Road
intersection.
February 7, 1995, a change from Office to Mixed Office and
Commercial south of Chenal Parkway and west of Hermitage
Road.
MASTER STREET PLAN:
Both Kanis Road and Bowman Road are shown as Minor Arterials
on the plan. Both streets are currently two lane roads with
open ditches. The Planning Commission recommendation for
Kanis Road west of Bowman is an enhanced two-lane road.
BACKGROUND:
While this is a developing area of Little Rock, concerns
have been voiced as to the intensity of development in the
area. Over the last several years, parcels along Chenal
Parkway have changed from office and multi -family to
commercial. The planning commission just approved a land use
recommendation for this site as Mixed Office Commercial as
part of a larger study of Kanis Road which left the
intensity of development on this site at the present level.
The Rock Creek Neighborhood Plan has completed preliminary
recommendations and states that they agree with the Kanis
Land Use recommendations and wants any commercial
development to be reviewed with a PZD. Both of these
studies desire no increase in intensification on the site.
It is reasonable with the existing zoning pattern to have an
office or mixed development, as shown on the plan, for this
site. There are some available sites for commercial
development in the area either already zoned such or shown
on the Land Use Plan. The Planning Commission recently
denied an amendment of MOC to Commercial at the northeast
corner of Kanis and Bowman Roads. With increased activity in
the area, traffic congestion continues to build. With the
enhanced two-lane roadway, any intensification of land use
would be detrimental.
2
September 17, 1998
ITEM NO • 2 (Cont.) FILE NO.: LU98-18-02
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Parkway Place, Gibraltar Heights/Timber
Ridge/Point West, Sandpiper, Spring Valley Manor, and
Birchwood. Staff has received one comment from a neighbor
of a neutral nature.
STAFF RECOMMENDATIONS:
Staff does not support the change.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
Brian Minyard of Staff presented the item and explained the
changes to the application through time.
Dickson Flake, the applicant spoke further of the
application. He stated that he represented Mr. and Mrs.
Jerry 'Hoot' Gibson, Dr. and Mrs. Richard Brantley, and
Randy Bynum. He referenced his plans and maps and spoke of
a proposed furniture store. He explained that the
commercial areas would front onto Bowman Road with entrances
and exits onto Kanis and Bowman. He read the Current Land
Use and Zoning section of the staff report to the
commission. He continued to speak of previous land use
actions in the area, traffic concerns, and the proposed step
down of commercial uses on his site.
Commissioner Berry asked of Public Works about a capital
project intended to widen Kanis between Shackleford and
Bowman. Bob Turner of Public Works stated that there is
not, it is one of the un -funded needs. The intersection at
Kanis and Bowman is funded and will construct left turn
lanes. Commissioner Berry made an observation that the
Planning Commission turned down an application across the
street and continued about the reality of Mixed Office
Commercial versus Commercial.
Commissioner Putnam asked about elevations adjacent to Kanis
Road. Joe White, engineer, stated that the rise is about 15
feet. He continued that the office floor would have to be
about 10 feet higher than existing. Commissioner Putnam
stated that they had drifted into layout and design while
trying to make a decision on a land use plan. He proposed
to Staff that if you closed the ingress and egress on Kanis
Road and put all the traffic out on Bowman, have you
accomplished what you had planned to accomplish?
3
September 17, 1998
ITEM NO • 2 (Cont.) FILE NO.: LU98-18-02
Jim Lawson, Planning Director, stated that staff had met
with the applicant a couple of times and that the applicant
had impressed to Staff that the applicant needed this as a
"commercial corner" (the corner of Kanis and Bowman).
Discussion followed as to the definition of a "commercial
corner". Mr. Lawson stated that his first impression of the
drawing was what the land use difference is in a parking lot
with a commercial use and a parking lot with an office? Mr.
Lawson stated that if the access to Kanis was closed and
left as a green strip, the service entrance (to the rear of
the building) was left, that "we would be in pretty good
shape". He spoke of the history of developing the MOC
category.
Discussion followed between Commissioner Mizan and Jim
Lawson about percentages of office in the development.
Commissioner Adcock asked Mr. Lawson to explain why he would
be in agreement to close off the access to Kanis. Mr.
Lawson stated that Staff is trying to create a softer effect
on Kanis and spoke of traffic on Kanis and at the
intersection.
Bob Turner spoke of the requirements for roadway and signal
improvements to be completed by the applicant. He further
spoke of the design of Kanis Road.
Commissioner Earnest spoke that the subject was a long way
away from land use and stated that the desire of mixed
office commercial was to have a mix of the two. He stated
that the application was straight commercial and that
percentages could be discussed.
Jim Lawson stated that the commission would have to decide
if this application met the intent of MOC with the office
tract left. He further stated that the commission would
have to be comfortable with that intent before they went on
the zoning issue.
Chairman Lichty asked why we had a land use plan?
Mr. Lawson stated that he had just seen the drawing at the
planning commission meeting for the first time. He
reiterated that in the prior meetings that they had agreed
to disagree that they needed a commercial corner. He
continued that his interpretation of a "commercial corner"
meant a building on the corner, not a parking lot on the
corner.
4
September 17, 1998
ITEM NO.: 2 (Cont.) FILE NO.: LU98-18-02
Commissioner Putnam asked Mr. Lawson if traffic
considerations were taken into account in the Land Use Plans
or does it stay with the zoning? Mr. Lawson stated that in
theory that commercial has more traffic than office. Mr.
Putnam stated that with Kanis being a two-lane road, if they
have access off of Kanis, any car that stops to turn left
stops all of the traffic behind it. He advocates turning
left at the light only.
Commissioner Hawn stated that his first problem was that
they were doing Land Use and zoning on the same piece at the
same meeting and that "it appears that we are just
rearranging the same cookies in the box". why do we need to
re -land use it?
Jim Lawson stated that the key as to the Land Use issue was
that they are asking for C-3. Staff stated that Kanis Road
needs to have a softer frontage, an office type of frontage.
Commissioner Adcock asked of Mr. Turner and Mr. Flake if
they could coordinate their roadwork at the same time. Mr.
Turner stated that it should be possible.
Chairman Lichty stated that a topic of discussion was the
restriction of access to Kanis Road.
Mr. Flake stated that his response was that "as long as we
have the service drive, we would find a way to live with the
other drive being limited."
Commissioner Hawn made a motion to approve the amendment and
was seconded.
Commissioner Putnam questioned if it needed to be included
about closing the second entrance on Kanis. The motion was
not changed to add any conditions.
The motion filed with a vote of 0 ayes, 11 noes and 0 absent.
Jim Lawson stated that if a patron lived west of the site,
that it should be possible to have a right out only on
Kanis.
Chairman Lichty stated that a percentage of mixes in MOC is
a topic for further discussion.
A
September 17, 1998
ITEM NO.: 3 FILE NO.: Z-6552
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
F. C. Grass Farm Partnership
Edward K. Willis
18600 Cantrell Road
Rezone from R-2 to 0-1 and 0-3,
with conditions.
Future Office Development
10.3 acres to 0-1; 20.5 acres
to 0-3
Vacant, undeveloped
SURROUNDING LAND USE AND ZONING
North - Single Family and undeveloped; zoned R-2
South - Single Family, zoned R-2; variety of Commercial
And Office uses, zoned PCD
East - Single Family and undeveloped, zoned R-2;
Church, zoned R-2 (C.U.P.)
West - Undeveloped, zoned R-2; school, zoned R-2
(C.U.P.)
PUBLIC WORKS COMMENTS
1. Cantrell Road is listed on the Master Street Plan as a
principal arterial; dedication of right-of-way to 55
feet from centerline will be required.
2. With development, provide design of streets conforming
to "MSP"(Master Street Plan). Construct one-half street
improvement to these streets including 5 -foot sidewalks.
3. Dedicate turn -around for Northridge Road and Buzz Lane.
Dedicate right-of-way for Buzz Lane to 30 foot from
centerline.
4. Bridge shall pass 100 year flood elevation or contain
back water at this easement. Provide 100 year
stormwater profile for creek with development.
5. Stormwater detention Ordinance applies to this property.
6. Grading permit will be required on this new development,
if more than one acre is disturbs.
7. Obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
September 17, 1998
ITEM NO.: 3 (Cont.) FILE NO.: Z-6552
PUBLIC TRANSPORTATION ELEMENT
The site is located on a LATA express bus route.
NEIGHBORHOOD ASSOCIATION NOTIFICATION
The Aberdeen Court and Johnson Ranch Neighborhood
Associations were notified of the rezoning request.
LAND USE ELEMENT
This request is in the Pinnacle Planning District. The Land
Use Plan was changed earlier this summer. As part of those
discussions, 10' and 'SO' with a height limitation was
indicated as appropriate. This rezoning request is in
conformance with the Land Use Plan. The 0-1 with its'
inherent regulations and the applicant's self-imposed two
story height limit is in keeping with the spirit of Suburban
Office. The 0-3 zoning request is appropriate for Office as
shown on the Land Use Plan. Any development with frontage
along Cantrell will be required to conform to the Highway 10
Overlay District.
STAFF ANALYSIS
The request before the Commission is to rezone an
undeveloped 30.8± acre tract located at 18600 Cantrell Road
from R-2 Single Family to 0-1 Quiet Office and 0-3 General
Office. The western 10.3± acres of the tract are proposed
to be zoned 0-1. The eastern 20.5± acres are proposed for
0-3. The applicant has offered as a condition of the
rezoning that the proposed 0-1 area have a building height
limit of two stories and the 0-3 area have a building height
limit of three stories. No specific development is proposed
at this time. The property will no doubt be subdivided and
developed in the future for office type uses. The property
is outside of the city limits but is within the City's
extraterritorial zoning jurisdiction.
The acreage is located on the north side of Cantrell Road in
an area of mixed uses around the old Stone's Market.
Several PCD zoned properties front onto Cantrell Road at
this point. These properties contain a variety of uses
including a restaurant, liquor store, auto repair and auto
sales. A church is located to the east on property zoned R-
2, with a conditional use permit. Walnut Valley Christian
Academy is developing the R-2 zoned property to the west as
a private school, under a conditional use permit. A large
area of mostly undeveloped R-2 zoned property extends to the
north. Much of this R-2 property is also owned by the
Fa
September 17, 1998
ITEM NO.: 3 (Cont.) FILE NO.: Z-6552
applicant. There are several single family homes in the
area ranging from smaller homes on small lots to a large
estate. The proposed office zoning wraps around the
commercial properties fronting onto Cantrell Road. This
office zoning should provide a transition from the
commercial uses to the single family property further north.
The Pinnacle District Land Use Plan recommends Suburban
Office for that area proposed as 0-1 and Office for the
proposed 0-3 area. On June 25, 1998, the Planning
Commission approved a Land Use Plan Amendment establishing
the Suburban Office and also recommended Multifamily for the
proposed 0-3 property. At its July 21, 1998 meeting, the
Board of Directors approved the Suburban Office but changed
the Multifamily to Office in response to neighborhood
concerns. The Suburban Office designation provides for low
intensity development of office or office parks in close
proximity to lower density residential.
The height, area and off-street parking regulations within
the 0-1 district are designed to assure that office uses
will be compatible with adjacent residential districts. New
construction is to be designed to reinforce existing
desirable characteristics of the neighborhood and not be
detrimental to the use of surrounding properties for
residential purposes. The proposed 0-1 property fronts onto
Highway 10 (Cantrell Road) and will have to be developed in
accordance with the Highway 10 Ordinance. If the property
is subdivided, those lots which lie within the District
Boundary, fronting onto Highway 10, will have to comply with
the overlay standards.
The applicant has offered, as a condition of the rezoning,
to limit building heights to two stories in the 0-1 area and
three stories in the 0-3.
Staff believes that
condition offered by
and zoning the area
Land Use Plan.
STAFF RECOMMENDATION
the rezoning request, including the
the applicant, is compatible with uses
and conforms to the recently amended
Staff recommends approval of the 0-1 and 0-3 rezoning, with
the condition proposed by the applicant.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The Commission was informed that the Public works Department
K,
September 17, 1998
ITEM NO.: 3 (Cont.) FILE NO.: Z-6552
was dropping comment No. 3 from its comments. Comment No. 3
related to right-of-way dedication for Buzz Lane and North
Ridge Road.
The item was placed on the Consent Agenda and approved by a
vote of 10 ayes, 0 noes and 1 absent.
4
September 17, 1998
ITEM NO.• 4 FILE NO.: Z-6553
Owner: Ernest Joshua, Sr. and
Thelma Joshua
Applicant: Ernest Joshua, Sr.
Location: 4000 Asher Avenue
Request: Rezone from C-3 to C-4.
Purpose: Auto sales lot
Size: .728 acres
Existing Use: Vacant lot
SURROUNDING LAND USE AND ZONING
North - Good Shepherd Church, St. Francis House and
St. Francis Daycare; zoned 0-3
South - Multiple Light Industrial and Commercial uses;
zoned I-2
East - Auto Sales and variety of Commercial uses;
zoned C-3
West - Engine remanufacturer and multiple commercial
Uses; zoned C-3
PUBLIC WORKS COMMENTS
1. Asher Avenue is listed on the Master Street Plan, as a
principal arterial with reduced standard, dedication of
right-of-way to 45 feet from centerline will be
required.
2. Cedar Street is listed on the Master Street Plan as a
collector street. Dedication right-of-way to 30 feet
from centerline will be required.
3. South Elm Street and West 28`h Street will be commercial
streets with zoning change. Dedicate right-of-way to 30
feet from centerline.
4. A 20 feet radial dedication of right-of-way is required
at all four -corners.
5. With development, provide design of streets conforming
to -MSP" (Master Street Plan). Construct one-half
street improvement to these streets including 5 -foot
sidewalk.
6. Obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
7. Driveways shall conform to 31-210. No access will be
permitted on Cedar and 28`h Street, one driveway only on
Asher and one on Elm.
September 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: Z-6553
PUBLIC TRANSPORTATION ELEMENT
The site is located on a CATA bus route.
NEIGHBORHOOD ASSOCIATION NOTIFICATION
The Love and Midway Neighborhood Associations were notified
of the rezoning request.
LAND USE ELEMENT
This request is in the I-630 Planning District. The
property is currently classified as Commercial on the Land
Use Plan. A neighborhood plan, the Stephens Neighborhood
Plan, has started in that area. While in conformance with
the Land Use Plan, the presence of a residential area to the
north shown as Public/Institutional on the Land Use Plan
raises questions about the appropriateness of increasing the
intensity. Additional buffering to the north would be
necessary to screen the residential and daycare uses to the
north.
STAFF ANALYSIS
The request before the Commission is to rezone this vacant
.728± acre tract from C-3 General Commercial to C-4 Open
Display District. The site is comprised of the block
bounded by Asher Avenue, Elm Street, Cedar Street and West
28th Street. The property was formerly occupied by a service
station. After the service station closed, the building was
used by other commercial uses. Some years ago the building
was razed and removed. The site is vacant other than for
asphalt paving and the concrete slab from the building. The
applicant proposes to lease the property for use as a used
car sales lot.
The property is located on the north side of Asher Avenue in
an area of intense commercial and industrial development. The
properties to the east and west along Asher are zoned
C-3, C-4 and I-2. A large area of I-2 zoned properties is
located across Asher Avenue to the south. Uses in these areas
are varied and include such businesses as auto sales, radiator
repair, engine rebuilding and industrial/manufacturing. The
0-3 zoned block to the north of the site is occupied by Good
Shepherd Episcopal Church, St. Francis House and St. Francis
Daycare Center. This 0-3 zoned block and the adjacent C-3
zoned properties separate this site from the large residential
neighborhood extending further to the north.
The I-630 District Land Use Plan recommends Commercial for
2
September 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: Z-6553
the site.
Staff believes that the C-4 zoning request is reasonable for
this site. The Land Use Plan recommends commercial for the
property. Appropriate locations for C-4 zoned properties
are along heavily traveled major traffic arterials, of which
Asher Avenue is certainly one. There is no adjacent
residential property and the nearest residential is
separated from this site by a block of 0-3 and C-3 zoned
properties. The proposed use is compatible with uses and
zoning in the area.
The applicant should be aware of those concerns raised by
Public Works and the Planning Staff regarding access to the
site and buffering on the north. Those issues will be
raised at the time the site is developed.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-4 zoning as
conforming to the adopted Plan and being compatible with
uses and zoning in the area.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
Michael Joshua, president of J.M. Products, Inc., was
present representing the application. There were no
objectors present. Staff presented the item and a
recommendation of approval.
Mr. Joshua addressed the Commission in support of his
rezoning request. He stated that he understood staff's
concern about limiting access onto West 28th Street and
additional buffering on the north side of the property.
Mr. Joshua stated that he would agree to make those issues a
condition of the rezoning. He concluded by stating that
J.M. Products and the Joshua family were involved in making
improvements in the area.
Commissioner Muse stated that he was on the Steering
Committee working to develop the Stephens Neighborhood Plan.
This property is located at the southern fringe of the plan
area. Commissioner Muse stated that he felt it was the
consensus of the committee to oppose this C-4 rezoning.
In response to a question from Commissioner Berry, staff
stated that the neighborhood plan would not be completed
until after the first of the year (1999). Commissioner
Berry stated that he did not feel it was appropriate to put
a moratorium on rezoning requests while a neighborhood plan
was in the process of being created.
3
September 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: Z-6553
Commissioner Putnam spoke of the need to encourage new
businesses and development in the area.
Commissioner Downing noted that a large parking lot is
adjacent to the west and asked what opposition there could
be to another parking lot on this property.
In response to a question from Commissioner Nunnley, staff
stated that automobile sales lots were not permitted as a
conditional use in the C-3 district.
Commissioner Adcock asked if some upgrade in landscaping
would be required. Dana Carney, of the Planning Staff,
responded that a percentage increase in landscaping would be
required based on the development of the property. Mr.
Carney noted that Mr. Joshua had offered to increase
buffering on the north property line and to restrict access
onto West 28th Street.
There was a brief discussion about the neighborhood plan and
whether it was appropriate to defer the item until the plan
is completed. Commissioner Berry stated that he felt it was
proper to act on the application at this time.
A motion was made to approve the requested zoning with the
following conditions offered by the applicant:
1. Additional buffering will be provided on the north
perimeter of the property.
2. No access is to be taken from this property onto West
28th Street.
The motion was approved by a vote of 11 ayes, 0 noes and
0 absent.
4
September 17, 1998
ITEM NO.: 5 FILE NO.: Z-6554
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Jerry and Juanita Gibson
Dickson Flake
NW corner of Kanis and Bowman
Roads
Rezone from R-2 to 0-3 and C-3.
Future office and commercial
development
1.13± acres to 0-3; 10.12±
acres to C-3
Landscape nursery and
undeveloped tract
SURROUNDING LAND USE AND ZONING
North - Shopping Center, zoned C-3
South - Mini -warehouses and other commercial uses;
zoned C-3 and PCD
East - Undeveloped, zoned R-2 and New shopping center,
zoned C-3
West - Shopping center, zoned C-3, Single Family,
zoned R-2 and undeveloped, zoned R-2 and PCD
PUBLIC WORKS COMMENTS
1. Kanis Road is listed on the Master Street Plan as a
minor arterial. A dedication of right-of-way to 45 feet
from centerline is required.
2. Bowman Road is listed on the Master Street Plan as a
minor arterial. A dedication of right-of-way to 45 feet
from centerline is required plus 10 feet for future
right -turn lane at this arterial intersection for a
distance of 250 feet from the new Kanis right-of-way
line.
3. A 20 feet radial dedication of right-of-way is required
at the corner of Kanis Road and Bowman Road.
4. With development, provide design of streets conforming
to minor arterial standards including right -turn lane on
Bowman. Construct one-half street improvement to these
streets including 5 -foot sidewalks with planned
development.
5. Grading permit will be required on this new development,
if more than one acre is disturbs.
6. Stormwater detention Ordinance applies to this property.
September 17, 1998
ITEM NO.: 5 (Cont.) FILE NO.: Z-6554
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a LATA bus route. A bus route is
located just north of the site, at Bowman and Hermitage
Roads.
NEIGHBORHOOD ASSOCIATION NOTIFICATION
The Gibralter Heights, Point West, Timber Ridge and
Birchwood Neighborhood Associations were notified of the
rezoning request.
LAND USE ELEMENT
This request for zoning is running concurrently with a minor
Land Use Plan. See Staff Report on Item #2, LU98-18-02 for
more information. The zoning request is not in conformance
with the plan for the following reasons: 1) There are
available sites for commercial development in the area
either already zoned such or shown on the Land Use Plan.
2) The Planning Commission just approved a land use
recommendation for this site as Mixed Office Commercial
with an "enhanced two-lane" section for Kanis Road. Big
Box development is not compatible with this roadway type.
3) It is reasonable with the existing zoning pattern to
have an office or mixed development, as shown on the plan,
for this site. 4) This is a developing area of Little Rock
and the City should carefully review commercial requests and
changes to the Land Use Plan that would intensify the use
patterns. Over the last several years, parcels along Chenal
Parkway have changed from office and multi -family to
commercial. Traffic congestion continues to build in this
area. No reason has been given to show need to change the
plan.
Staff could consider an increase in intensity along Bowman
Road if the intensity along Kanis Road stayed at or below
its' current intensity as shown on the Land Use Plan.
STAFF ANALYSIS
The request before the Commission is to rezone various
tracts located at the northwest corner of Kanis and Bowman
Roads from R-2 Single Family to 0-3 General Office and C-3
General Commercial. 10.12± acres fronting onto Kanis and
Bowman Roads is proposed for C-3 zoning. 1.13± acres on the
north side of Kanis, 400 feet west of Bowman, is proposed
for 0-3. The property proposed for 0-3 zoning is currently
undeveloped. A nonconforming plant nursery/greenhouse
E
September 17, 1998
ITEM NO.: 5 (Cont.) FILE NO.: Z-6554
occupies approximately 3.7± acres of the area proposed for
C-3 zoning directly at the corner of Kanis and Bowman. The
remainder of the area proposed for C-3 zoning consists of
one single family residence and a large tract of undeveloped
land adjacent to the Sam's/Walmart Shopping Center. No
specific development is proposed for the site at this time.
The property is located in an area of mixed zoning and
extremely varied uses. The intensely commercial Chenal
Parkway/Bowman Road intersection is directly north of the
site. Uses in this area include a wide variety of retail
commercial businesses such as Sam's, Walmart, Home Quarters
and Best Buy. A new shopping center is under construction
across Bowman Road, to the east. Also across Bowman, at the
northeast corner of Kanis and Bowman, is an undeveloped
tract which is currently zoned R-2. The C-3 and PCD zoned
properties across Kanis, to the south, contain a variety of
uses including offices, office/warehouses and mini -
warehouses. An undeveloped 6.8± acre tract to the west was
previously approved as a PCD for a shopping center. This
PCD has expired and could be revoked. If it is revoked, the
property will revert to its previous zoning which is C-3 for
2.7± acres on Kanis and 0-3 for 4.1± acres on the north.
In view of the established zoning pattern and uses in the
area, staff believes it is reasonable to consider office and
commercial zoning for the site.
The Ellis Mountain District Land Use Plan currently
recommends Mixed Office Commercial for the site. A Land Use
Plan amendment to Office and Commercial is on this agenda
(LU98-18-02).
Staff is concerned about the amount of commercial zoning
proposed by the applicant, primarily the proposal to extend
commercial to Kanis Road. The Kanis Road corridor has been
the subject of intense study and discussion for many months.
The general consensus of discussions was that additional
commercial zoning should be discouraged along Kanis Road.
The Mixed Office Commercial Land Use Designation provides
for land to be developed as a mixture of office and
commercial. The applicant has proposed a rezoning which is
89 percent commercial and 11 percent office. Staff does not
believe this percentage meets the spirit of the Mixed Office
Commercial concept. That issue combined with the
applicant's proposal to extend commercial zoning southward
to Kanis Road precludes staff from being able to support the
application.
Staff believes it would be more appropriate to extend the
0-3 zoning along the entire Kanis Road frontage at a depth
of not less than 200 feet. This would allow commercial
zoning for the Bowman Road frontage adjacent to the
Sam's/Walmart site. Such an arrangement would result in
3
September 17, 1998
ITEM NO.: 5 (Cont.) FILE NO.: Z-6554
approximately 2.9± acres being 0-3 and 8.3± acres being C-3.
The percentage would be 35 percent office and 65 percent
commercial. More importantly, the property fronting onto
Kanis and directly at the intersection would be zoned 0-3.
STAFF RECOMMENDATION
Staff recommends denial of the application as filed.
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
The applicant was present. There were no objectors present.
The presentation and discussion of this item followed a
lengthy discussion of the proposed Land Use Plan Amendment
(LU98-18-02) which was item No. 2 on this agenda. The
applicant presented a site plan which the Commission felt
met the existing land use plan designation of Mixed Office
Commercial. The Commission voted not to change the Plan.
Staff presented the rezoning request and an amended
recommendation of approval subject to the following
conditions proposed by the applicant during the discussion
of the Land Use Plan Amendment:
1. There is to be no building constructed in the 150 foot
by 150 foot area directly at the southeast corner of
the proposed C-3 zoned property.
2. The property proposed for C-3 zoning is to be limited
to two driveways onto Kanis Road. The eastern drive,
located approximately 200 feet west of the Kanis/Bowman
intersection, is to be a right -turn exit only. The
western driveway, located approximately 300 feet west
of the Kanis/Bowman intersection, is to be a service
entrance/exit only.
In response to a question from the Commission, the applicant
Dickson Flake, agreed to the conditions.
A motion was made to approve the rezoning request, including
the conditions provided by the applicant. The motion was
approved by a vote of 11 ayes, 0 noes and 0 absent.
4
September 17, 1998
ITEM NO.: 6
NAME:
LOCATION•
FILE NO.: Z-6555
Moore Manufactured Home -
Conditional Use Permit
8504 Mabelvale Pike
OWNER/APPLICANT: Ferrell and Marilyn Moore
PROPOSAL: A conditional use permit is
requested to allow for
placement of a multisectional
manufactured home on this R-2
zoned property.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
The property is located on the north side of Mabelvale
Pike, approximately Y2 mile north of I-30.
2. Compatibility with Neighborhood:
The property is located in an area of mixed uses and
zoning. The I-2 zoned property adjacent to the west is
occupied by a motor freight terminal and a casket
company. Two nonconforming mobile home parks are
located across Mabelvale Pike from the site, one to the
east and one to the south. There are several single
family homes scattered in the immediate vicinity. The
large Arkansas Highway and Transportation Department
Complex is located nearby, to the west. Staff believes
the proposed use is compatible with development in the
neighborhood. The Town and Country Estates Neighborhood
Association was notified of the request.
3. On -Site Drives and Parking:
The use requires one on-site parking space. There is
more than adequate room on this 2.3± acre tract to
accommodate required parking.
4. Screening and Buffers:
None required for this single family use.
5. Public works Comments:
No Comments.
6. Utility and Fire Department Comments:
No comments were received from the agencies. The
September 17, 1998
ITEM NO.: 6 (Cont.) FILE NO.: Z-6555
applicant should contact the various utility companies
to determine what requirements pertain to this
proposal.
7. Staff Analysis:
The applicants are requesting a conditional use permit
to allow for placement of a multisectional manufactured
home on the vacant, R-2 zoned property located at 8504
Mabelvale Pike. The applicants propose to locate a
1998 Southern Energy No. 1, triple -wide home on the
site. Placement of the home will adhere to all
required codes and ordinance standards. The home will
be placed in the middle of the 2.3+ acre tract. The
nearest setback from any property line will be 95 feet.
Other setbacks are 122,100 and 96 feet. The lot has
several mature trees and the home will be placed on a
cleared area among the trees.
Staff believes the proposal to be a reasonable use of
the property. The proposed use is compatible with uses
and development in the area.
Placement of the home must comply with the siting
standards for manufactured homes established in Section
36-254(d)(5) of the Code.
8. Staff Recommendation:
Staff recommends approval of the requested conditional
use permit subject to compliance with the following
siting standards established in Section 36-254(d)(5) of
the Code:
a. A pitched roof of three (3) in twelve (12) or
fourteen (14) degrees or greater.
b. Removal of all transport elements.
c. Permanent foundation.
d. Exterior wall finished so as to be compatible with
the neighborhood.
e. Orientation compatible with placement of adjacent
structures.
f. Underpinning with permanent materials.
g. All homes shall be multisectional.
h. Off-street parking per single-family dwelling
standard.
2
September 17, 1998
ITEM NO.: 6 (Cont.) FILE NO.: Z-6555
PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998)
The applicants were present. There was one objector present.
Staff presented the item and a recommendation of approval subject
to compliance with the siting criteria established in Section 36-
254(d)(5).
Mr. Moore addressed the Commission in support of his application.
He stated that he would adhere to all requirements. Mr. Moore
stated that the home would be underpinned with either rock or
brick and that he could add a two -car garage at a later date.
Melvin Purvis, of 8503 Mabelvale Pike, spoke in opposition to the
proposal. He stated that the Moore's property was not served by
city sewer. It was pointed out to him by the Commission that the
Moores could use a septic system. Mr. Purvis stated that he had
previously sold an adjacent lot to a person who promised to put
in one house but who instead put in a mobile home park. He
stated that he was afraid that the Moores would do the same
thing. It was pointed out that this is a conditional use permit,
with a site plan that the applicant had to follow and that there
was no chance that a mobile home park could be developed on this
property as a result of this action.
Jim Lawson, Director of Planning and Development, stated that the
Commission could attach a condition that the applicant receive an
approved percolation (perk) test on the property prior to the
home being placed on the property.
Chairman Lichty asked if the Commission could require that the
conditional use permit be limited to this owner. Staff
questioned whether such a condition would be reasonable
considering the improvements that are required by the siting
criteria.
Commissioner Adcock asked if it could be stated that approval is
granted for only one home on the site. Staff responded that such
a condition could be read into the motion.
Troy Laha of Southwest Little Rock United for Progress, spoke in
opposition to the item. He stated that he would like to see
action on the item withheld until a perk test is approved.
Mr. Moore stated that he had an engineer ready to perform the
test.
A motion was made to approve the requested conditional use permit
subject to compliance with the following conditions:
1. Approval is granted for only one home on this 2.3± acre
site.
KI
September 17, 1998
ITEM NO.: 6 (Cont.) FILE NO.: Z-6555
2. A percolation test for a septic system must be approved
prior to placement of the home on the property.
3. Compliance with the siting criteria established in Section
36-254(d)(5) of the Code.
The motion was approved by a vote of 11 ayes, 0 noes and
0 absent.
4
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There being no further business before the Commission, the
meeting was adjourned at 6:17 p.m.
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