pc_01 05 2017LITTLE ROCK PLANNING COMMISSION
PLANNING — REZONING — CONDITIONAL USE HEARING
MINUTE RECORD
JANUARY 5, 2017
4:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
Members Present: Craig Berry
Buelah Bynum
Keith Cox
Janet Dillon
Rebecca Finney
Scott Hamilton
Troy Laha
Paul Latture
Robert Stebbins
Members Absent: Alan Bubbus
Open Position
City Attorney: Shawn Overton
Approval of the Minutes of the November 17, 2016 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING — REZONING — CONDITIONAL USE HEARING
JANUARY 5, 2017
4:00 P.M.
OLD BUSINESS:
A. Z -9166 Naomi's House Group Home — Special Use Permit
217 Auburn Drive
B. Z -9177 Newton Parolee /Probationer Housing Facility —
Special Use Permit
1423 S. Elm Street
NEW BUSINESS:
Item Number:
File Number:
Title:
1.
Z -9187
Rezoning from R -2 to R -4
2011/2015 Wilson Road
2.
G -23 -464
Alley — Right -of -Way Abandonment
Block 4, Deaf Mute Addition
3.
Z- 5228 -E
Big Rock Fun Park — Revised Conditional Use Permit
11411 Baseline Road
4.
Z -9186
St. John Missionary Baptist Church Parking Lot —
Conditional Use Permit
1921 East 6t" Street
5.
A -329
3M Company 3 Tracts Annexation
and
Between Granite Mountain and College Station,
Fourche Creek and Dulin Road
Z -9188
6.
LA- 0056 -A
Colonel Glenn — Lawson Road Advanced Grading
Variance
Northwest corner of Colonel Glenn and Lawson Roads
January 5, 2017
ITEM NO.: A FILE NO.: Z -9166
Name: Naomi's House Group Home — Special Use
Permit
Location: 217 Auburn Drive
Owner: Chris Henry
Applicant: Eddie Ellis
Proposal: A Special Use Permit is requested to allow
a group home to be operated in the single
family residence located on the R -2 zoned
property at 217 Auburn Drive.
A. Public Notification:
All owners of property located within 200 feet of the site and the Briarwood
Neighborhood Association were notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
217 Auburn Drive is located on the southeastern side of Auburn Drive,
south of Shamrock Drive and north of West Markham Street. The
property is occupied by a two -story (split - level) brick and frame single
family residence. There is a two -car wide driveway from Auburn Drive at
the northwest corner of the property. A two -car wide carport is located
at the northwest corner of the residence. There is off - street parking for
four (4) to six (6) vehicles. There is also on- street parking located along
Auburn Drive.
All surrounding properties contain single family residential structures and
are zoned R -2.
The applicant, Eddie Ellis, proposes to utilize the existing 2,663 square
foot structure as a group home. The residential facility will house
up to eight (8) female residents between the ages of six (6) to seventeen
(17). Residents of the home will be suffering from behavioral issues or be
in the need of foster care.
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z -9166
The applicant provides the following information with respect to house
parents /employees:
There will be two (2) staff at the home at all times.
House parent Tahara Williams has Bachelors of Social Work Degree
with 7 years' experience working with behavioral children.
The applicant provides the following information regarding specific
activities /services which will take place at this location:
The programs that will be provided are a structured stable day -to -day
living, by protecting, teaching, and healing the children that reside in
the home. The daily operation will include active participation in
therapy, school and learning activities.
The girls will attend the area local and public schools unless there is
a request by legal authority. Our staff will monitor the progress,
academics and behavior of each child closely.
Transportation will be provided for school, doctors' appointments and
counseling by Naomi's House Staff.
While living in the home privileges will be earned by phases. The
girls will be actively involved in running the home to include planning,
shopping and preparing meals, cleaning the house, planning group
activities and dealing with daily conflicts.
This program will provide many opportunities for each child to learn
new skills with staff support. Naomi's House is a small setting so that
each child will become familiar with staff while living in a home like
environment that is comfortable and full of love.
The applicant provides the following information regarding parking:
There will be 1 vehicle parked under the carport of the home which
will be there around the clock due to it being a transportation van for
the home. All other vehicles will only come and go during business
hours. There will be no more than 3 vehicles at the home at a time.
Those cars will belong to day time staff and part -time staff.
The applicant also provides the following information related to the
proposed occupancy:
During the school year (August through May) there will be no children
at the home from the hours of 8 a.m. to 3:30 p.m. unless a child is ill
2
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z -9166
or school is not in session for that day. School is not in session for
holidays which will be Spring, Thanksgiving, and Christmas break.
During the summer months children will be attending a summer camp
during the day which will be outside of the home.
The site is not located on a Rock Region METRO bus route. Route #5
(West Markham Route) and Route #8 (Rodney Parham Route) run along
West Markham Street to the south.
Section 36 -54(e) (4) of the City's Zoning Ordinance provides the following
provisions for Group Care Facilities, as adopted by the Board of Directors
on September 6, 2005:
1. family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility.
(a) Separation, spacing and procedural requirements
for family care facilities, group care facilities, group
homes, parolee or probationer housing facilities
and rooming, lodging and boarding facilities will be
determined by the planning commission so as not
to adversely impact the surrounding properties
and neighborhood. Unless the commission
determines that a different area is more appropriate,
a neighborhood shall be defined as an area
incorporating all properties lying within one thousand
five hundred (1,500) feet of the site for which the
permit is requested.
(b) There shall be a presumption that a special use
permit for a group home of 5, 6, 7, or 8 handicapped
persons will be granted if all ordinance requirements
are met, except that individuals whose tenancy would
constitute a direct threat to the health or safety of
other individuals of whose tenancy would result in
substantial physical damage to the property of others
shall not be allowed in such a home.
(c) Issues that the planning commission will consider
during its review of a family care facility, group care
facility, group home, parolee or probationer housing
3
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
4
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed
to be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi-public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on-site parking.
(d) The Fire Marshal must approve the use of any
structure proposed as a family care facility, group care
facility, group home, parolee or probation housing
facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group
homes and parole or probation housing facilities shall
be operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
According to an area survey, staff identified one (1) other approved
transitional-type residential facility within 1,500 feet of the subject property.
A special use permit for a group home was approved in 2013 for the
property at 101 N. Plaza Drive.
The applicant notes that there will be five (5) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed eight (8).
Bedroom (1) 223 square feet – 3 residents
Bedroom (2) 183 square feet – 2 residents
Bedroom (3) 191 square feet – 3 residents
Bedroom (4) 189 square feet – house parents
Bedroom (5) 335 square feet – staff office
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
5
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet
for the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by eight (8)
persons is 850 square feet. As noted earlier the residential structure
contains 2,663 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet
for the first occupant and 50 square feet for each additional occupant. All
of the proposed bedrooms will conform to this requirement.
The applicant submitted a bill of assurance for this subdivision. The bill
of assurance does not appear to address use issues.
The Fire Marshal must approve the use of any structure proposed as a
family care facility, group care facility, group home, parolee or probation
housing facility or rooming, lodging and boarding facility. The applicant
must submit a written Fire Marshal inspection report to staff prior to the
October 6, 2016 Planning Commission m eeting.
Staff is not supportive of the requested special use permit to allow a group
home at 217 Auburn Drive. Staff does not believe the requested use is
appropriate for the area. The subject property is located in the center of a
large single family neighborhood. All surrounding properties contain
single family residences and are zoned R-2. An area survey conducted by
staff revealed one (1) other approved special use permit within 1,500 feet
of this site. The approved special use permit was for a group home for
recovering substance abusers. Staff believes that another special use
permit for a transitional-type living facility should not be approved for this
neighborhood. Staff believes that a group home at this location could
have an adverse impact on the surrounding residential properties.
D. Subdivision Committee Comment: (September 14, 2016)
The applicant was not present. Staff presented the application noting that
only a minimal amount of additional information was needed. Staff noted
that an inspection of the structure by the Fire Marshal’s Office must be
completed prior to the Planning Commission meeting.
After the brief discussion, the Committee forwarded the application to the
full Commission for final action.
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
6
E. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to operate a
group home at 217 Auburn Drive.
PLANNING COMMISSION ACTION: (OCTOBER 6, 2016)
Staff informed the Commission that the application needed to be deferred based
on the fact that the applicant failed to post the notice of public hearing sign as
required.
The item was placed on the Consent Agenda for deferral to the November 17,
2016 agenda. The vote was 10 ayes, 0 nays, 0 absent and 1 open position.
The application was deferred.
STAFF UPDATE:
Prior to the October 6, 2016 public hearing, Staff requested additional information
from the applicant regarding the status of the individuals which would reside at
this residence, and additional information on services which would be provided at
the facility. The following is the information submitted by the applicant:
“ Naomi's House is designed to work with children who require
long-term/short- term placement. Some are present with
mental illnesses ...Major depression, anxiety, bi pola r disorders,
attention deficit/hyper activity disorder, obsessive compulsive
disorder, post traumatic distress, autism, etc. Mental illness is
a disease that causes mild to severe disturbances in thoughts
and/or behaviors, resulting in an inability to cope with life's
ordinary demands and routines. Mental health problems may
be related to excessive stress due to particular situations or a
series of events. Mental illnesses are often physical as well
as emotional and psychological. These illnesses or diseases
can be brought on by environmental stresses, genetic
factors and also some chemical imbalances. But with proper
care/treatment and proper medication, people can recover
from these illnesses or emotional disorders.
Naomi's House vision is to assure that all children/youth
in our care are safe, healthy, staying out of trouble, in
school and have strong connections with their families
and communities. We will provide an array of services for
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
7
young girls ages 6-17, which will include: Functional
behavior assessments meaning a problem solving process
for addressing child/youth problem behavior. It relies on a
variety of techniques and strategies to identify the purpose
of specific behavior and to select interventions to directly
address the problem behavior and developing behavioral
support plans.
Naomi's House will provide a full range of mental health
services to young at-risk adolescent females. Our service
includes the following:
Outpatient Mental Health Service for:
Depression and Anxiety
Parent I Child Reunification
Grief Issues
Post Traumatic Stress
In-House Services:
24 Hour – 7 days Per Week Supervision
Group Therapy Life Skills
Recreational Therapy/Community Volunteering
Transportation
Specialized Services will include:
W eekly/Biweekly/Monthly transportation to Family
Group/individual counseling & therapy appointments
Staff Development and Training
Employee Assistance Affiliation
Our youth care staff's goal is to provide case management
assistance that includes assuring that the medical needs
of each child is met. Our intentions are too work closely with
Case Managers/Workers. We are here to help children with
disability challenges and become more self-reliant. Naomi's
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
8
House aims to provide services to children and youth with
training which will include life skills developments, secured
school placements and organized home visits.
We are here to help access employment opportunities in
respect to youth and also access to sports and recreation
activities. We also will support and enhance other Social
Services programmers such as capacity building and
empowerment, social integration and sustainable livelihoods.”
Staff, including the City Attorney’s Office, has reviewed the additional information.
Based on the specific types of mental health illnesses which at least some of
the residents will have, staff believes that the residents will be considered
handicapped. As such, staff believes that the type of residential facility proposed
should be classified as a “group home” and not a “group care facility”.
Additionally, staff made an interior inspection of the residence and measured the
rooms proposed for bedrooms. Staff found that there was a minor difference in
the area of the bedrooms as provided by the applicant and measured by staff.
The property owner informed staff that the original area measurements included
the closet space for each room. Based on staff’s measurements, the applicant
amended the proposed bedroom occupancy. The proposed occupancy
conforms to ordinance standards. Following are the bedroom areas as
measured by staff and the proposed occupancy:
Bedroom (1) 182 square feet – 2 residents
Bedroom (2) 154 square feet – 2 residents
Bedroom (3) 160 square feet – 2 residents
Bedroom (4) 150 square feet – 2 residents
Bedroom (5) 315 square feet – staff office and lounge
Staff continues to be not supportive of the requested special use permit to allow
a group home at 217 Auburn Drive. In addition to the specific reasons noted in
section C. of the “Staff Analysis”, staff believes the proposed facility will be too
institutional in nature to be located in the center of an established single family
neighborhood. The applicant notes that there will be extensive services provided
at the residence, including therapy, training, counseling, etc. The applicant did
inform staff that family group meetings/interventions could take place at the
residence if a state caseworker called for a meeting at this location. In
association with the issue of services, traffic is an additional concern for staff.
Staff believes that the proposed group home could create a large amount of
traffic, with facility staff persons, state caseworkers, family members, etc.
reporting to this location, in addition to the transportation of residents which will
January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
9
be provided by the facility. Staff believes that because of all the concerns raised
in the concluding paragraph in Section C. of the “Staff Analysis” and as noted
above, a group home at this location could have an adverse impact on the
neighborhood. Staff continues to recommend denial of the requested special use
permit to operate a group home at 217 Auburn Drive.
PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016)
Staff informed the Commission that on November 17, 2016 the applicant
submitted a letter to staff requesting deferral of the application to the January 5,
2017 agenda. Staff supported the deferral request. A bylaw waiver was
approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open position to accept the
request for deferral less than five (5) days before the public hearing.
The item was placed on the Consent Agenda for deferral to the January 5, 2017
agenda. The consent agenda was approved by a vote of 8 ayes, 0 nays, 2 absent
and 1 open position. The application was deferred.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
Staff informed the Commission that on December 22, 2016 the applicant
submitted a letter requesting withdrawal of the application. Staff supported the
withdrawal request.
The application was placed on the Consent Agenda for withdrawal. The Consent
Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
The application was withdrawn.
January 5, 2017
ITEM NO.: B FILE NO.: Z-9177
Name: Newton Parolee/Probationer Housing Facility –
Special Use Permit
Location: 1423 S. Elm Street
Owner: Terrell Newton
Applicant: Terrell Newton
Proposal: A Special Use Permit is requested to allow
a parolee/probationer housing facility to be
operated in the single family residence located
on the R-3 zoned property at 1423 S. Elm
Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Forest
Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood
Associations were notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
1423 S. Elm Street is located at the northeast corner of S. Elm Street and
West 15th Street. The property is occupied by a two-story frame single
family residence. There is a gravel driveway and parking area in the front
yard area, at the southwest corner of the residence. There is also a gravel
driveway from West 15th Street which leads into the rear yard area. There
is off-street parking for at least four (4) vehicles. The gravel drive/parking
areas located between the residence and the streets must be bordered as
per ordinance requirements. There is also a paved alley located along the
rear (east) property line. On-street parking is allowed in the area.
All of the surrounding properties are zoned R-3 and R-4 and contain single
family and duplex structures. There are several boarded-up residences
and vacant lots in this general area.
The applicant, Terrell Newton, proposes to utilize the existing 2,100
square foot structure as a parolee/probationer housing facility. The
January 5, 2017
ITEM NO.: B (Cont.) FILE NO.: Z-9177
2
residential facility will house up to twelve (12) male residents who are
parolee/probationers. There will be one (1) staff member at the residence
at all times. The staff member(s) will work twelve (12) hour shifts. The
applicant notes that some services such as job placement and
employment training will take place at the residence. An additional staff
person will report to the residence for these services.
The applicant also notes that the residents will not drive. They will utilize
public bus transportation where possible. The applicant will provide
transportation when bus routes are not sufficient. The site is not located
on a Rock Region Metro bus route. Route #3 (Baptist Medical Center
Route) runs along West 12th Street to the north, and Route #16 (UALR
Route) runs along West 20th Street to the south.
Section 36-54(e) (4) of the City’s Zoning Ordinance provides the following
provisions for Group Care Facilities, as adopted by the Board of Directors
on September 6, 2005:
1. family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility.
(a) Separation, spacing and procedural requirements
for family care facilities, group care facilities, group
homes, parolee or probationer housing facilities
and rooming, lodging and boarding facilities will be
determined by the planning commission so as not
to adversely impact the surrounding properties
and neighborhood. Unless the commission
determines that a different area is more appropriate,
a neighborhood shall be defined as an area
incorporating all properties lying within one thousand
five hundred (1,500) feet of the site for which the
permit is requested.
(b) There shall be a presumption that a special use
permit for a group home of 5, 6, 7, or 8 handicapped
persons will be granted if all ordinance requirements
are met, except that individuals whose tenancy would
constitute a direct threat to the health or safety of
other individuals of whose tenancy would result in
substantial physical damage to the property of others
shall not be allowed in such a home.
January 5, 2017
ITEM NO.: B (Cont.) FILE NO.: Z-9177
3
(c) Issues that the planning commission will consider
during its review of a family care facility, group care
facility, group home, parolee or probationer housing
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed
to be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi-public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on-site parking.
(d) The Fire Marshal must approve the use of any
structure proposed as a family care facility, group care
facility, group home, parolee or probation housing
facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group
homes and parole or probation housing facilities shall
be operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
According to an area survey, staff identified two (2) other approved
transitional-type residential facilities within 1,500 feet of the subject property.
The other residential facilities are as follows:
4017 West 12th Street – approved special use permit for a group
home for up to twelve (12) female residents.
1200 Valentine Street – Will’s House – residential facility for up to
thirteen (13) male residents recovering from substance abuse.
January 5, 2017
ITEM NO.: B (Cont.) FILE NO.: Z-9177
4
The applicant notes that there will be four (4) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed 12.
Bedroom (1) 169 square feet – 2 occupants
Bedroom (2) 169 square feet – 2 occupants
Bedroom (3) 200 square feet – 3 occupants
Bedroom (4) 300 square feet – 5 occupants
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet
for the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 12 persons is
1,250 square feet. As noted earlier the residential structure contains
2,100 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet
for the first occupant and 50 square feet for each additional occupant. All
of the proposed bedrooms will conform to this requirement.
The applicant submitted a bill of assurance for this subdivision. The bill
of assurance does not appear to address use issues.
Staff informed the applicant that the Little Rock Fire Marshal needed to
inspect the residential structure, with a written inspection report submitted
to staff prior to the public hearing. As of this writing, staff has not received
the inspection report.
Staff is not supportive of the requested special use permit to allow a
parolee/probationer housing facility at 1423 S. Elm Street. Staff does
not believe that the proposed residential facility will be compatible with
the neighborhood. As noted previously, staff noted that there are
two (2) residential living facilities which could be identified within this
neighborhood area, within 1,500 feet from the subject property. Staff feels
that the proposed occupancy of twelve (12) residents and one (1) staff
(with additional staff reporting to the site) is too intense for this area. The
proposed occupancy is very institutional in scale. All of the surrounding
properties are small scale residential properties, mostly single family
residences. Staff believes that a parolee/probationer housing facility for
twelve (12) residents at this location could have an adverse impact on the
surrounding residential properties.
January 5, 2017
ITEM NO.: B (Cont.) FILE NO.: Z-9177
5
D. Subdivision Committee Comment: (October 26, 2016)
Terrell Newton was present, representing the application. Staff briefly described
the proposed parolee/probationer housing facility request. The issue of parking
was briefly discussed. Mr. Newton stated that he would provide transportation to
the residents if a bus route was not available, as none of the residents would
drive. Staff noted that ample parking existed for the staff person(s) who would be
at the residence. Staff noted that no additional information was needed at this
time.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to operate a
parolee/probationer housing facility at 1423 S. Elm Street.
PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016)
Staff informed the Commission that on November 16, 2016 the applicant submitted a
letter to staff requesting deferral of the application to the January 5, 2017 agenda. Staff
supported the deferral request. A bylaw waiver was approved by a vote of 8 ayes, 0
nays, 2 absent and 1 open position to accept the request for deferral less than five (5)
days before the public hearing.
The item was placed on the Consent Agenda for deferral to the January 5, 2017 agenda.
The consent agenda was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open
position. The application was deferred.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
Terrell Newton was present, representing the application. There were several objectors
present. Staff presented the application with a recommendation of denial.
Terrell Newton addressed the Commission in support of the application. Mr. Newton
explained that there was a need for housing for parolee/probationers. He noted that his
facility would have strict house rules. He stated that he could reduce the number of
residents proposed if needed. He explained that residents would take part in training
and would be required to work.
January 5, 2017
ITEM NO.: B (Cont.) FILE NO.: Z-9177
6
Rohn Muse, President of Forest Hills Neighborhood Association, addressed the
Commission in opposition. He explained that he was opposed fo r the same reasons
as stated by staff and noted in his letter dated November 9, 2016.
Erma Peterson, President of the Hope Neighborhood Association, also spoke in
opposition. She explained that the proposed use would not be compatible with the
neighborhood area. She noted that there was much police activity in this area. She
stated that the Stephens Area Faith Neighborhood Association was also opposed to
the application.
Katina Holliman also spoke in opposition. She stated that she was the secretary of the
Hope Neighborhood Association. She expressed concern with crime in the area. She
noted that there was a day care three (3) blocks from the subject property.
Marion Lewis-Lognion also spoke in opposition. She stated that she was the Vice
President of the Hope Neighborhood Association. She noted that she had lived in the
neighborhood since 1972 and expressed concerns with crime and drug issues.
Anika Whitfield also spoke in opposition. She explained that she had been working to
upgrade the neighborhood with a community garden, etc. She noted that job
opportunities were not readily available in this area. She explained that the proposed
use would not be compatible with the neighborhood.
Mr. Newton explained that he had extensive experience in wo rking with
parolee/probationers. He noted that persons living in his facility would be trained
and be given job opportunities. He noted that this was the first time he had filed an
application. He explained that his facility had strict rules and training for the residents.
He further explained his training and job placement criteria.
Commissioner Hamilton asked about Mr. Newton’s experience. Mr. Newton explained
that he had extensive job training experience. Commissioner Hamilton asked why
Mr. Newton chose this location. Mr. Newton noted that he owned the house and had
been using it as a rent house. He also noted that the State Department of Corrections
had reviewed his plan. Commissioner Latture asked who pays for the residents.
Mr. Newton noted the Department of Corrections. Commissioner Cox asked if staff
could support the application if Mr. Newton reduced the number of proposed residents.
Tony Bozynski, Director of Planning and Development, explained that the concern was
with the institutional type of use proposed and the impact it would have on a fragile
neighborhood. Commissioner Finney noted that she did not support the proposed use
in this neighborhood. Commissioner Laha asked what type of skills Mr. Newton would
teach. Mr. Newton stated that it would be based on the individual’s past experience.
January 5, 2017
ITEM NO.: B (Cont.) FILE NO.: Z-9177
7
There was a motion to approve the application. The motion failed by a vote of
0 ayes, 9 nays, 1 absent and 1 open position. The application was denied.
January 5, 2017
ITEM NO.: 1 FILE NO.: Z-9187
Owner: Mary Gisele Sullivan
Applicant: Kenny Whitfield, Perry’s Pennies, LLC
Location: 2011/2015 Wilson Road
Area: 0.32 Acre
Request: Rezone from R-2 to R-4
Purpose: To construct two (2) duplex structures
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped lots and single family residences; zoned R-4 and R-2
South – Single family residences and duplex structures; zoned R-2 and R-4
East – Single family residences; zoned R-2
West – Undeveloped lots and single family residences (across Wilson Road);
zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Wilson Road is classified on the Master Street Plan as a residential street.
A dedication of right-of-way 25 feet from centerline will be required.
2. The maximum driveway width for residential use is 20 ft.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist
Medical Center Route) runs along Kanis Road to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of
the public hearing.
January 5, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-9187
2
D. LAND USE ELEMENT:
Planning Division: This request is located in i-430 Planning District. The Land
Use Plan shows RL (Residential Low Density). Residential Low Density category
provides for single family homes at densities not to exceed 6 units per acre. Such
residential development is typically characterized by conventional single family
homes, but may include patio or garden homes and cluster homes, provided that
the density remain less than 6 units per acre. The applicant has applied for a
rezoning from R-2 (Single Family District) to R-4 (Two Family District) to allow
building two duplexes.
Master Street Plan: To the west of the property is Wilson Road and it is shown
as 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:
Mary Gisele Sullivan, owner of the .32 acre property located at 2011/2015 Wilson
Road, is requesting to rezone the property from “R-2” Single Family District to
“R-4” Two-Family District. The property is located on the east side of Wilson Road
south of West 20th Street. The rezoning is proposed to allow the construction of
two (2) duplex structures on the site.
The property is comprised of two (2) platted lots. The lots are currently
undeveloped and partly wooded. The property has a slight slope upward from
west to east and south to north, basically following the elevation of Perry Street.
Single family residences are located north and east of the subject property, with
two (2) duplex structures (zoned R-4) immediately to the northeast. Vacant
lots, single family residences and duplex structures are located to the south.
Undeveloped lots and single family residences are located across Wilson Road
to the west. The two (2) lots immediately north of the subject property were
recently rezoned to R-4.
The City’s Future Land Use Plan designates this property as Residential Low
Density (RL). The requested R-4 zoning does not require an amendment to
the plan.
January 5, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-9187
3
Staff is supportive of the requested R-4 rezoning. Staff views the request as
reasonable. The property is comprised of two (2) platted single family lots.
Two (2) duplex structures will only be a minor increase in the original p latted
density. New duplex structures have been recently developed within this
neighborhood. Staff recently conducted a survey of this neighborhood, between
West 16th Street and West 24th Street, and Aldersgate Road to Junior Deputy
Road. The survey counted the total number of residential lots within this area,
and how many of the total residential lots are zoned R -4. Staff found that there
are 368 total residential lots within this area, and that 29 are zoned R-4. This
represents R-4 zoning on a total of 7.88 percent of the overall residential lots within
this neighborhood. The two (2) lots proposed for R-4 zoning would raise this ratio
to 8.42 percent. Staff feels that his represents a very minimal percentage of the
overall residential area. Staff believes the applicant’s plan to construct two (2) new
duplexes will be a quality, in-fill type, development for this general area south of
West 18th Street. Staff believes rezoning this property to R-4 will have no adverse
impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. The application was placed on the
Consent Agenda for approval, as recommended by staff. The Consent Agenda was
approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application
was approved.
January 5, 2017
ITEM NO.: 2 FILE NO.: G-23-464
Name: Alley – Right-of-Way Abandonment
Location: Block 4, Deaf Mute Addition (Block bounded by West 2nd,
West 3rd and Bishop Streets)
Owner/Applicant: Various owners/Brian Dale, White-Daters and Associates
Request: The request is to abandon the 30 foot wide alley
right-of-way (30 feet by 190 feet) located along the
west side of Block 4, Deaf Mute Addition.
Purpose: After abandonment, the area of abandonment will be
incorporated into the adjacent properties to the east and
west for development of a new office building, drives and
parking.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the utility companies object to the abandonment
request. All the area of abandonment will be retained as a utility and drainage
easement. Public Works has reviewed the abandonment request and has the
following comment:
1. Easements are required to be provided for all storm water drainage.
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 alley right-of-way is currently undeveloped. The right-of-way generally
slopes downward from south to north. Some site work has taken place in
preparation of new development.
D. Development Potential:
The alley right-of-way is being abandoned in order to redevelop the right-of-way
area, along with properties to the east and west, for an access drive and parking
to serve new and existing uses along the east side of the right-of-way area.
January 5, 2017
ITEM NO.: 2 (Cont.) FILE NO.: G-23-464
2
E. Neighborhood and Land Use Effect:
The properties on the east side of the alley right-of-way contain commercial
buildings. One (1) of the structures has been removed in preparation for
construction of a new office building. The property on the west is currently
undeveloped. A new parking lot to serve the new office building will be
constructed on this west property.
F. Neighborhood Position:
All abutting property owners have signed-off on the abandonment request. The
Capitol View – Stifft Station and Downtown Neighborhood Associations were
notified of the abandonment request.
G. Effect on Public Services or Utilities:
Little Rock Wastewater: No objection to abandonment. Retain area of
abandonment as a utility easement.
Entergy: Entergy does not object to this proposal. There do not appear to be
any existing Entergy facilities contained in the alley which would prevent its
abandonment. If there is any development to take place within these bounds
please be aware that an overhead secondary circuit is feeding along 3 rd Street.
Contact Entergy in advance to discuss future service requirements, new facilities
locations and adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No objection to abandonment. There appears to be a
service line in possible conflict with construction. Contact utility before
construction takes place.
AT&T (SBC): No objection to abandonment. Retain area of abandonment as a
utility easement.
Central Arkansas Water: No objection to abandonment.
H. Reversionary Rights:
Information submitted by a licensed abstract company notes that no reversionary
rights were found of record.
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.
January 5, 2017
ITEM NO.: 2 (Cont.) FILE NO.: G-23-464
3
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2016)
Brian Dale was present, representing the application. Staff briefly described the
proposed abandonment request. Staff noted that all required documents had been
submitted by the applicant, and that there were no outstanding issues. The proposed
alley abandonment was briefly discussed.
After the discussion, the Committee forwarded the application to the full Commission for
resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the 30 foot wide alley right-of-
way located along the west side of Block 4, Deaf Mute Addition, subject to the entire
area of abandonment being retained as a utility and drainage easement.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. The application was placed on the
Consent Agenda for approval, as recommended by staff. The Consent Agenda was
approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application
was approved.
January 5, 2017
ITEM NO.: 3 FILE NO.: Z-5228-E
NAME: Big Rock Fun Park – Revised Conditional Use Permit
LOCATION: 11411 Baseline Road
OWNER/APPLICANT: MHH Properties, LLC/Marci H. Hall
PROPOSAL: A revised conditional use permit is requested to allow
the addition of a maze/ropes course feature to the
existing Big Rock Fun Park development, on this I-2
zoned, 7.07 acre tract.
1. SITE LOCATION:
The site is located at the southeast corner of Baseline Road and
Interstate 430.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses and zoning. A storage
facility is located on the I-2 zoned property immediately to the east, with
undeveloped, PCD zoned property further east and immediately to the
south. A State Highway Department facility is located on the R-2 zoned
property across Baseline Road to the north. A light industrial-type
development is located to the northwest across Baseline road. Interstate
430 is located along the west property boundary. In staff’s opinion, the
proposed improvement to the existing outdoor amusement park facility will
be compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress
Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
Access to the site will be via an existing driveway at the northeast corner of
the site. The driveway serves an existing paved parking lot at the northeas t
corner of the development. The existing parking lot contains approximately
80 spaces. Parking and access are appropriate for the use.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
January 5, 2017
ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E
2
Any exiting landscape or irrigation disturbed by construction shall be
repaired or replaced before completion and final acceptance of the project.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
5. PUBLIC WORKS:
1. Baseline Rd is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be
required. The existing right-of-way width cannot be determined.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: No comments received.
Entergy: Entergy does not object to this proposal. However, there are
existing overhead electrical facilities in the vicinity of all proposed upgrades.
A three phase power line runs along Baseline Road near the proposed
maze and ropes course. A three phase transformer bank pole exists near
the location of the proposed building, and there are poles and lights near
the location of the pool area. Entergy requests that all NESC and OSHA
clearance requirements be followed and maintained. Contact Entergy in
advance to discuss any changes to electrical service requirements , or
adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
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.
January 5, 2017
ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E
3
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
Building Codes: No comment.
County Planning: No comment received.
Rock Region METRO:
Location is currently served by METRO on route 23 Baseline/ Southwest.
We recommend continuation of pedestrian infrastructure for access to the
transit system. The closest stop is at baseline and Sibley Hole Rd. where
employees could ride the bus to work.
Planning Division: No comment.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2016)
Marci Hall was present, representing the application. Staff presented the item,
noting that a minimal amount of additional information was needed. In response
to a question from staff, Ms. Hall noted that the overall height of the maze
structure would be 18 to 20 feet. Ms. Hall also noted that there would be a
minimal amount of signage for the maze/ropes course feature The Public Works
requirement was briefly discussed. Staff noted that the centerline of the right -of-
way needed to be shown on the survey. The landscape/buffer comments were
January 5, 2017
ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E
4
also briefly discussed. Staff noted that a variance was requested for a reduced
front setback for the maze structure.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
STAFF ANALYSIS:
A revised conditional use permit is requested to allow for the addition of a
maze/ropes course feature to the existing Big Rock Fun Park development at
11411 Baseline Road. The property is zoned I-2 and is comprised of 7.07 acres.
The existing outdoor amusement park use contains a go cart track, mini -golf
course, batting cages and other features. A building which contains indoor
amusement games, concessions and restroom facilities is located near the
center of the site.
On January 30, 1996, the Planning Commission approved a conditional use
permit to allow for the development of this outdoor amusement park. In 1998
and 2013 revised conditional use permits were approved to add features to the
park.
Access to the site is via a driveway at the northeast corner of the site. The
driveway serves a parking lot at the northeast corner of the overall property. The
parking lot contains approximately 80 spaces.
The applicant proposes to add a maze/ropes course feature to the existing
outdoor amusement park facility. The proposed maze/ropes course feature will
be located near the front of the property, between the existing parking lot and the
go cart track. The maze/ropes course structure will be approximately 56 feet by
56 feet in area. A maze will be located at ground level, with a ropes course
above the maze. The ropes course will be unenclosed. It will be covered with a
canvas tarp shade cover and not a solid roof. The maze/ropes course structure
will have an overall height of 18 to 20 feet. The structure will be lighted for night
use with lighting low level and interior to the maze/ropes course structure. The
lighting will not glare onto adjacent property or the roadway. There will be a
minimal amount of signage over the entrance of the maze/ropes course
structure. The signage will be interior to the site. The re will be no signage on the
street (north) side of the structure.
The applicant is requesting one (1) variance with the proposed maze/ropes
course addition to the existing development. The proposed maze/ropes course
structure will be located approximately 15 feet back from the front (north)
property line, after additional right-of-way dedication for Baseline Road. Section
36-320 (e) (1) of the City’s Zoning Ordinance requires a minimum front setback
January 5, 2017
ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E
5
of 50 feet for this I-2 zoned property. Therefore, the applicant is requesting a
variance to allow the reduced front setback.
Staff supports the requested variance. The existing development of the property
is not a traditional light industrial development, with a large building or buildings
and associated parking between the building(s) and the roadway. This is a
unique outdoor amusement park development where the attractions are brought
closer to the street access to generate interest and identify the site. Staff
believes the reduced front setback for the maze/ropes course structure will have
no adverse impact on the adjacent properties or the general area.
To staff’s knowledge, there are no outstanding issues. Staff believes the proposed
addition to the existing outdoor amusement development is an appropriate use for
the site.
STAFF RECOMMENDATION:
Staff recommends approval of the requested revised CUP, subject to compliance
with the following conditions:
1. Compliance with the comments and conditions as noted in Sections 4, 5 and
6 of the agenda staff report.
2. Site lighting for the new maze/ropes course structure must be directed inward
to the facility and not glare onto the adjacent roadway.
3. Any additional signage for the maze/ropes course structure must be located on
the interior of the site and not on the north, street side of the structure .
Staff recommends approval of the requested variance to allow a reduced front
setback of 15 feet, after any additional right-of-way dedication, for the proposed
new structure.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval. The applicat ion was placed
on the Consent Agenda for approval, as recommended by staff. The Consent
Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
The application was approved.
January 5, 2017
ITEM NO.: 4 FILE NO.: Z-9186
NAME: St. John Missionary Baptist Church Parking Lot –
Conditional Use Permit
LOCATION: 1921 East 6th Street
OWNER/APPLICANT: St. John Missionary Baptist Church/
Pastor C. B. Robinson
PROPOSAL: A conditional use permit is requested to allow for
construction of a church parking lot on this R-4 zoned,
0.21 acre lot.
1. SITE LOCATION:
The site is located at the southwest corner of East 6th Street and Kimball
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The subject property is zoned R-4. The property is located in an area of
mixed uses and zoning. R-4 zoned property containing single family
homes and vacant lots is located to the south and east. I-2 zoned
property is located further east. St. John Missionary Baptist Church is
located across East 6th Street to the north. PR zoned property is also
located across East 6th Street. C-3 zoned property is located immediately
to the west, with single family residences to the southwest. I-2 zoned
property and uses are located further west along Bender Street and Bond
Avenue. A Little Rock School District warehouse facility is located to the
northwest. In staff’s opinion, the proposed parking lot development to
serve the existing church development across East 6th Street to the north
will be compatible with the neighborhood.
Notice of the public hearing was sent to all owners of property located
within 200 feet of the site and the East Little Rock Neighborhood
Association.
3. ON SITE DRIVES AND PARKING:
Access to the site will be via driveways from Kimball Street along the east
property line and from the alley right-of-way along the west property line.
The alley right-of-way will be improved from East 6th Street to the driveway
access. The site will not be gated.
January 5, 2017
ITEM NO.: 4 (Cont.) FILE NO.: Z-9186
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
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. The property is located in the
City’s designated mature area. A twenty-five (25%) percent reduction of
the perimeter width requirements is acceptable. A minimum six (6) foot
nine (9) inch buffer is required adjacent to the East 6th Street and Kimble
Street right-of-ways.
Screening requirements will need to be met for the vehicular use areas
adjacent to street rights-of-way. 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 twenty-five (25%) percent reduction of the perimeter width requirements
is acceptable. A minimum six (6) foot nine (9) inch perimeter planting strip
is required between the back of the curb and the south property line.
Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the
parking area(s). The minimum size of an interior landscape area shall be
one hundred fifty (150) square feet for developments with one hundred
fifty (150) or fewer parking spaces. Interior islands must be a minimum
of seven and one half (7 1/2) feet in width. Trees shall be included in
the interior landscape areas at the rate of one (1) tree for every twelve
(12) parking spaces. The property is located in the City’s designated
mature area. A 25% reduction of the interior parking requirements is
acceptable.
An irrigation system shall be required for developments of one (1) acre or
larger. For developments of less than one (1) acre there shall be a water
source within seventy-five (75) feet of the plants to be irrigated.
January 5, 2017
ITEM NO.: 4 (Cont.) FILE NO.: Z-9186
3
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS:
1. E.6th St. 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. Kimball St. is classified on the Master Street Plan as a commercial
street. A dedication of right-of-way 30 feet from centerline will be
required.
3. A 20 foot radial dedication of right-of-way is required at the
intersection of E. 6th St. and Kimball St.
4. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Kimball St including 5-foot sidewalks with planned development.
The new back of curb should be located 15.5 ft. from centerline.
5. Sidewalks with appropriate handicap ramps are required to be
installed adjacent to E. 6th St. in accordance with Sec. 31-175 of
the Little Rock Code and the Master Street Plan.
6. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy. The E. 6th St. curb and
gutter should be cleaned all debris and vegetation removed.
7. The existing alley on the west should be paved with asphalt a
minimum width of 20 ft. from E. 6th St. to the south property line.
8. All driveways shall be concrete aprons per City Ordinance. The
existing alley apron should be reconstructed to meet CLR detail
PW -35.
9. If gates are proposed to be installed, they should be shown on plans
and located at least 20 ft. from the Kimball St. curb.
10. 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.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: No comments received.
Entergy: Entergy does not object to this proposal. A power line exists
along East 6th Street in front of the proposed parking lot. It does not
January 5, 2017
ITEM NO.: 4 (Cont.) FILE NO.: Z-9186
4
appear to be in conflict with the proposed development. Care must be
used to maintain proper clearances in the construction of any entry drives
to this property as they will be constructed underneath the existing power
line. Contact Entergy in advance to discuss future service requirements,
new facilities locations and adjustments to existing facilities (if any) as this
project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
January 5, 2017
ITEM NO.: 4 (Cont.) FILE NO.: Z-9186
5
Building Codes: No comments.
County Planning: No comment received
Rock Region METRO:
Location is currently served by METRO on route 6 Clinton Presidential
Center/ Airport. The location is directly on the transit route. We recommend
improvement to the existing sidewalks for continued access to the transit
route. Route 6 does have Sunday service 8:30AM to 4:30PM.
Planning Division: No comment.
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2016)
Pastor C. B. Robinson and other church members were present, representing the
application. Staff presented the item, noting that minimal amount of information
was needed. In response to a question from staff, Pastor Robinson noted that
the proposed parking lot will not be gated. Staff noted that a variance needed to
be requested for reduced street and land use buffers along the north, south and
east perimeters of the proposed parking lot.
The Public Works requirements were briefly discussed. It was noted that the
alley along the west property line would be improved with 20 feet of pavement
width to just past the proposed driveway.
The Landscape/Buffer requirements were also discussed. It was noted that a
variance needed to be approved by the City Beautiful Commission for reduced
perimeter landscape strips. The variance issue was briefly discussed.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
STAFF ANALYSIS:
A conditional use permit is requested to allow for the construction of a church
parking lot on this vacant, R-4 zoned, 0.21 acre lot. The property is located at
the southwest corner of East 6th Street and Kimball Street. The lot is vacant. An
old single family residence was recently removed from the property. The
proposed parking lot will serve the existing church use across East 6 th Street to
the north. The proposed parking lot will contain 24 paved parking spaces.
Access to the lot will be via driveways from Kimball Street and the alley right -of-
way along the west property line. Perimeter landscape and buffer strips will be
January 5, 2017
ITEM NO.: 4 (Cont.) FILE NO.: Z-9186
6
provided along all lot lines. Interior landscaping will also be provided. The
proposed parking lot will not be gated.
Section 36-522 (b) of the City’s Zoning Ordinance requires six (6) foot nine (9)
inch land use and street buffers along the north, south and east perimeters. The
proposed site plan provides a four (4) foot wide buffer along the east (Kimball
Street) property line and three (3) foot wide buffers along the north and south
property lines. Therefore, the applicant is requesting a variance to allow the
reduced buffers. Staff is supportive of the requested buffer variance. The lot is
relatively small, being only 66 feet wide and 140 feet deep. In order to provide
the required parking stall depth and maneuvering area, the minimum required
buffers widths are deficient. The applicant is splitting the remaining area to
provide three (3) foot buffers along the north and south perimeters. The City
Beautiful Commission will also need to approve a variance for reduced perimeter
landscape strips (width). All of the required plantings (number of trees and
shrubs) will be able to be placed within the buffer/land scape strips as proposed.
To staff’s knowledge, there are no outstanding issues. Staff believes the
proposed church parking lot is an appropriate use for the site .
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with
the following conditions:
1. Compliance with the comments and conditions as noted in Sections 4, 5 and
6 of the agenda staff report.
2. The site is not to be gated.
3. The City Beautiful Commission must approve the variance for reduced
landscape strip width.
Staff recommends approval of the requested variance to allow reduced land use
and street buffer widths.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval. The application was placed
on the Consent Agenda for approval, as recommended by staff. The Consent
Agenda was approved by a vote of 8 ayes, 0 nays, 1 recusal, 1 absent and
1 open position. The application was approved.
January 5, 2017
ITEM NO.: 5 FILE NO.: A-329/Z-9188
NAME: 3M Company 3 Tracts Annexation
REQUEST: Accept 111.4 acres plus or minus in three areas to the City
LOCATION: Three areas: 1) Either side of I-440, west of Frazier Pike 53.36 AC;
2) East of State Highway 365, north of McGeorge rail spur 59.45 AC;
3) northwest of E 38th and West Line Street 1.59 AC
SOURCE: Margaret Johnston, Mitchell Williams Law, agent for 3M Company
GENERAL INFORMATION:
The County Judge signed the annexation order on November 21, 2016.
All the Tracts are undeveloped and proposed to be used for Mining or as
buffers to Mining areas.
There is one property owner.
The sites are contiguous to the City of Little Rock along at least one
boundary in each case.
The annexation request is to obtain City services.
Tract 1 is wooded with a Freeway and rail spur traversing it (generally
the 3000-3200 blocks of Frazier Pike); Tract 2 is partial wooded bounded
by a state highway, rail spurs and 3M mining operation (generally the
5600-5900 blocks of State Highway 365); Tract 3 is wooded and is
between the 3M rock crushing facility and single family houses (west edge
of College Station) (generally northwest of the intersection of East 38 th and
West Line Streets).
Tract 1 is zoned R-3, Single Family; Tract 2 is not zoned; Tract 3 is zoned
R-3, Single Family.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department has indicated they have on issues or
concerns with the annexation.
Police: The Little Rock Police Department has indicated they have no concerns
or issues with the annexation.
January 5, 2017
ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188
2
Infrastructure and Community Facilities:
Rock Region METRO Transit: Rock Region Metro notes that a portion of the
annexation is along State Highway 365 which is a transit route. Thus, the
annexation will impact the City’s funding for Rock Region by adding 0.21 miles of
route (i.e. increase annual funding based on the formula using miles of transit
route within each jurisdiction).
Parks and Recreation: No Comment Received.
Public Works: Little Rock Solid Waste has no concerns or issues with the
annexation. Public Works – Civil, has indicated they have no issues with the
annexation request.
Pulaski County Planning: Pulaski County Planning and Development has
indicated they have no issues or concerns with that annexation.
Arkansas Geographic Information Office: AGIO expressed no concerns with the
annexation and noted the applicant had followed ARK CODE 14 -40-101.
Utilities:
Central Arkansas Water: No Comment Received.
Entergy: Entergy Arkansas indicates there are overhead power lines which exist
on all three Tracts that might require relocation depending on future development
on the Tracts.
Reliant-Energy: No Comment Received.
Wastewater Utility: Indicates there is no sewer service available or in the vicinity
of Tract 2. There is no sewer services to Tract 1. There is a sewer main running
through Tract 3, which must remain in service.
AT&T: No Comment Received.
Schools:
Little Rock: The Little Rock School District has indicated they have no issues or
concerns with the proposed annexation.
The annexation areas are not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation areas are within the Pulaski County Special School District.
January 5, 2017
ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188
3
ANALYSIS:
3-M Company annexed a large portion of their ownership into the City of Little
Rock in 1990 including their mining operation off Arch Street Pike and crushing
complex off 3-M Road. This was accomplished with Ordinance 15,984 and was
to assure City Services to those facilities. 3-M Company is now requesting to
add additional lands, which it owns, to the City close to some of the original
1990 annexation.
Three Tracts are included with the current request. 3-M Company intends to use
this land for either additional Mining operations and/or as a buffer for their
existing mining and related faculties. The three Tracts are located between the
Granite Mountain section of Little Rock and the community of College Station.
They are all undeveloped and wooded or are areas where former structures have
been removed and the land is returning to a natural cover.
Tract 1 is south of Fourche Creek and west of Frazier Pike. It is wooded and
zoned R-3, Single Family. This area was zoned as part of the College Station
classification process in 1999 – Ordinance 18142. The City completed this
classification of land as a pre-requisite to allowing the wastewater service in the
area to be connected to the Little Rock wastewater system. There is an
interstate highway (I-440) and rail spur that traverse this Tract. The city limits of
Little Rock forms the north, south and west boundaries of the Tract.
Tract 2 is east of Highway 365 at King Road (Dulin Road). This land is returning
to a natural state. The land being annexed is surrounded by rail spurs on the
south and east, State Highway 365 on the west and the city limits of Little Rock
on the north. This land is currently not zoned. The applicant has reque sted the
City classify this land to ‘M’, Mining as part of the annexation. 3 -M Company’s
land to the north, currently has the ‘M’, Mining classification and there is a mining
operation on that land.
Tract 3 is primarily within the City currently. The portion within the City is
currently zoned ‘M’, Mining with an OS, Open Space strip along the current City
Limits. This was done with the annexation of this land in 1990. The portion
currently outside the City Limits (1.59 Acres of the16.61 acres in Tract 2) is
zoned R-3, Single Family. This portion was zoned as part of the College Station
classification process in 1999.
3-M Company would like annexation so that they would receive police and fire
protection from the City of Little Rock, rather than the sheriff’s office and
volunteer fire departments. They also would like code enforcement, sanitation
service and the right to extend to water and wastewater services. They are using
a new part of state law (14-40-609) that allows a property owner to annex just
their property to a City. This section of the annexation laws of Arkansas was
January 5, 2017
ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188
4
added in the 2015 legislative session. The County has verified there is only one
owner and approved the request as called out in that statute. The areas
requesting annexation are adjacent to the City Limits.
The Pulaski County Judge in his Annexation Order has included all public streets
and right-of-way abutting or traversing the Tracts. The City’s annexation
ordinance will be in conformance with the Pulaski County Judge’s Order and
include adjacent street rights-of-way into the City of Little Rock. This would add
Interstate 440 in Tract 1; State Highway 365 in Tract 2; and the right-of-ways for:
East 38th Street from Little Rock Avenue to West Line Street, and West Line
Street from 38th Street to 37th Street. The other right-of way adjacent to Tract 3
was annexed in with the 1990 3M annexation.
3M is not planning to construct any structures on the tracts that would require
water and wastewater service. However there are water lines adjacent to all
three tracts from which service could be connected by the applicant. There are
also wastewater lines near both Tracts 1 and 3 to which the applicant could
extend lines for service. The closest wastewater line to Tract 2 is over 2100 feet.
If the applicant wishes service to their Tracts they would have to extend lines
from the current locations to their site and coordinate this with the Little Rock
Wastewater Utility.
Since 3M is a commercial use, solid waste removal is done b y private contract
and no additional demands would be made on the City solid waste section. The
City would add approximately 800 to 900 linear feet of substandard local streets
with Tract 3 (portions of 38th and West Line Streets). The other Tracts would add
no maintenance costs since Highway 365 and I-440 are the maintenance
responsibility of the State Highway Department. However, the annexation along
State Highway 365 would add 0.202 miles of additional transit service route
mileage to Little Rock’s annual funding formula obligates to Rock Region Metro.
The closest fire station (Station 13) is located at 1105 East Roosevelt Road.
From this station via existing streets is just over 1.5 miles to Tract 1, 2.5 miles to
Tract 3 and 2.4 miles to Tract 2. Station 4, 7500 Lindsey Road, is the next
closest station with runs of 3.1 miles to Tract 1, 2.9 miles to Tract 3 and 3.9 miles
to Tract 2.
As a part of the annexation, Tract 2, along State highway 365 will be classified
(Case file Z-9188). The other areas included with this annexation are already
zoned. Tract 2 along the east side of State Highway 365 will be classified to ‘M’,
Mining. The land to the north of this tract is already zoned ‘M’, Mining and 3M
Company intends to use the property as either mining or as a buffer to their
mining operations. In this general area there is mining and related uses to the
north and west of the annexation Tract. As stated previously the land within this
Tract is currently vacant and returning to a natural state. The Tract is generally
January 5, 2017
ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188
5
in the 5600 through 5900 blocks of State Highway 365. It is bounded by the City
to the north and rail spurs to the east and south, with state highway 365 to the
west. The City Land Use Plan for this area shows both Mining and Light
Industrial uses in the vicinity.
Staff Recommendation:
Approval of the annexation as requested and the classification of Tract 2 to ‘M’,
Mining.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
The item was placed on the consent agenda for approval. B y a vote of 9 for,
0 against, 1 absent, and 1 vacant position the consent agenda was approved.
January 5, 2017
ITEM NO.: 6 FILE NO.: LA-0056-A
NAME: Colonel Glenn – Lawson Road Advanced Grading Variance
LOCATION: North side of Colonel Glenn Road at Lawson Road
APPLICANT: Bowman Plaza Lot 4 LLC
APPLICANT’S REPRESENTATIVE: White-Daters & Associates
AREA: Approximately 6.5 acres
CURRENT ZONING: Planned Commercial Development (PCD)
VARIANCES/WAIVERS REQUESTED: The renewal of a previously approved variance
from the Land Alteration Regulations to advance grade by clearing and filling
approximately 6.5 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting the renewal of a variance from the Land Alteration
Regulations to advance grade by clearing and filling approximately 6.5 acres on
the northside of Colonel Glenn Road. The previous approval was granted by the
Planning Commission on October 3, 2013. Since a grading permit was not
issued and excavation did not occur within 3 years of the Planning C ommission
approval, a new approval of the variance is required.
Advanced grading is requested to occur on the subject property located on the
north side of Colonel Glenn Road at the Colonel Glenn Road/Lawson Road
intersection approximately 0.5 miles west of I-430. The variance would allow
staff to issue a grading permit for the advance grading activities without imminent
construction. Cut material is proposed to be removed from the site to a nearby
construction site.
B. EXISTING CONDITIONS:
The 6.5 acre area is hilly with dense trees. The subject property is zoned
Planned Commercial Development (PCD). The subject property is located within
the Little Rock city limits. Advanced grading was approved for the subject
property On October 3, 2013 but excavation did not occur on the property. The
southern portion of the property is proposed to be used to realign Colonel Glenn
Road to the north and reduce the street curvature.
East of the subject property is a developed property zoned planned office
development with office and warehouse uses. West of the subject property is an
undeveloped property outside of the Little Rock city limits zoned R -2. South of
January 5, 2017
ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A
2
the subject property is Colonel Glenn Road. South of Colonel Glenn Road, east
of Lawson Road is grocery store on property zoned R-2. South of Colonel Glenn
Road, west of Lawson Road is Kinco Contractors. The property is zoned
planned commercial development. In addition to Kinco Contractors, there is a
volunteer fire station on property zoned R-2. North of the subject property is R-2
zoned properties. One property on the north is used as a mobile home park.
The other property is undeveloped.
C. NEIGHBORHOOD COMMENTS:
At the time of writing, staff has not been provided proof of notifications b eing
mailed by the applicant to all adjacent property owners including those across
streets and alleys. Also at the time of writing, staff has received one (1)
telephone call desiring additional information.
D. ENGINEERING COMMENTS:
1. 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.
2. Storm water detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the grading plan.
3. 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.
4. 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.
5. Per Sec. 29-197(2), the grading shall be expeditiously 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. Provide visual screening of the completed area by providing undisturbed
buffer strips or earthen berms. Per Sec. 29 -197(3) provide line of sight
illustrations from adjacent street(s) and properties for review by the
Planning Commission. The width of the temporary buffer strips shall be 6%
of the lot width and depth. The minimum width shall be 50 ft . where the
subject property is adjacent to other properties. The minimum width shall
be 80 ft. where the subject property is adjacent to arterial streets
(Col. Glenn Road). In no event shall these buffers be less than the width of
the permanent buffers required for the development. The maximum buffer
January 5, 2017
ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A
3
width shall not exceed 100 ft. The elevation of the top of berms is
determined by the elevation required to obstruct visibility.
7. Construction access points should be shown on the grading plan. A curved
or angled road design should be provided to limit the visibility of the interior
grading work from adjacent streets.
8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial
grass shall be established over all disturbed areas. Where indicated by soil
tests, pH adjustments and addition of fertilizer may be required.
9. Per Sec. 29-197(12), all erosion and stabilization controls, including
permanent vegetation and plantings and stormwater detention systems are
to be maintained by the responsible part for a period of 2 years following
completion of site grading.
10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more
often if required by CLR shall be provided to encourage perennial grass
growth.
11. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed
through posting of cash, surety bond or letter of credit as referenced in
Sec. 31-431(2) at the time of final inspection of the grading activities.
12. Per Sec. 29-197(14), all required federal, state, and local permits and
approvals shall be obtained prior to commencement of land alteration
activities.
13. Public works staff must be contacted for inspection for final approval of site
stabilization prior to acceptance and relinquishment of maintenance bond.
14. Staked orange fencing must be installed along the open space undisturbed
buffer areas during construction to prevent access to these buffer areas.
15. At the completion of the land alteration activities, a minimum six (6) inches
of suitable top soil shall be placed over all disturbed areas and permanent
vegetative cover established.
16. Where is the proposed destination of the fill material?
E. PLANNING STAFF COMMENTS:
No comments
F. SUBDIVISION COMMITTEE:
Brian Dale of White-Daters & Associates was present representing the applicant.
Staff presented an overview of the variance application. There was no further
discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
January 5, 2017
ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A
4
G. ANALYSIS:
The applicant is proposing to clear and grade approximately 6.5 acres. Fill
material will be cut from the subject property and trucked to a nearby
construction site. A grading permit is required to be obtained for the nearby
construction site prior to land alteration activities. The previous variance
approval was granted by the Planning Commission on October 3, 2013. Since a
grading permit was not issued and excavation did not occur within 3 years of the
Planning Commission approval, a new approval of the variance is required.
Gravel construction entrances will be located off Colonel Glenn Road. The
proposed grading plan shows a maximum 32 ft . cut to occur on the subject
property. The applicant has agreed that grading will occur expeditiously and the
site will be stabilized within 1 year of the issuance of the grading permit. Any
damage to city streets or infrastructure will be repaired by the applicant prior to
the acceptance and release of the 2 year main tenance bond.
Mud, dirt or any debris tracked on paved surfaces must be periodically removed.
Erosion control devices will be used during grading operations. The property will
be graded to sheet flow stormwater and not pond on the property except in th e
constructed detention facilities. Maintenance of erosion controls, detention
facilities, and construction entrances will occur as needed during the grading
period. Within 14 days of completion of the final grading, the disturbed area will
be graded with 6 inches of top soil and seeded and vegetated with native
grasses. When vegetation is established, the erosion control devices can then
be removed.
The applicant has amended the application to comply with staff’s comments.
The applicant will provide a 50 ft. undisturbed buffer measured from the west and
north property line. The area adjacent to Colonel Glenn Road will be graded and
cleared. A berm will be installed along Colonel Glenn Road. The berm will be
constructed with 3:1 side slopes and grad ed with 6 inches of top soil, seeded,
and vegetated with native grasses. The berm will be constructed to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
The area adjacent to the east property line will be graded and cleared to the
property line. A berm will be installed along the east property line. The berm will
be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded,
and vegetated with native grasses. The berm will be constructed to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
Orange fencing will be installed along all undisturbed buffers to prevent entry.
January 5, 2017
ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A
5
H. RECOMMENDATION:
Staff recommends approval of the advanced grading variance request subject to
compliance with the comments and conditions as outlined in paragraph D of the
agenda staff report.
In addition to paragraph D, the variance request is subject to compliance with the
following condition:
1. A 50 ft. undisturbed buffer should be maintained along the western and
northern property lines;
2. A berm will be constructed adjacent to Colonel Glenn Road to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
3. A berm will be constructed adjacent to the east property line to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
I. PLANNING COMMISSION ACTION: (January 5, 2017)
The applicant was present. Staff recommended the item be placed on consent
approval subject to the compliance with staff’s recommendations and all
comments and conditions. There was no further discussion. The item was
placed on the consent agenda for approval. The item was approved by the
Planning Commission subject to the compliance with all comments and
conditions by a vote of 9 ayes, 0 noes, 1 absent, and 1 open position.
DATEi /1IlI
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(�ONSEN-r
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MEMBER
Li
BERRY, CRAIG
BUBBUS, ALAN
BYNUM, BUELAH
,
COX, KEITH
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DILLON, JANET
FINNEY, REBECCA
HAMILTON, SCOTT
LAHA, TROY
VT
LATTURE, PAUL
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MEMBER
LpJ -
BERRY, CRAIG
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
HAMILTON, SCOTT
LAHA, TROY
LATTURE, PAUL
57- E 331NS, )? aae/R r
Meeting Adjourned P.M.
` AYES' NAYE 1�, ABSENT LABSTAIN��' RECUSE
January 5, 2017
There being no further business before the Commission, the meeting
was adjourned at 4:40 p.m.
Date
1
le4crary V Chairman